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[Ord. No. 2019-15, 4-23-2019]
A. 
The Missouri Department of Natural Resources (DNR) regulates, pursuant to Chapter 260, RSMo., demolition and renovation projects for institutional, commercial, public and industrial structures, and residential structure projects such as apartment buildings with more than four (4) units or two (2) or more residential structures within five hundred (500) feet of each other. Single residential structures containing four (4) units or less that have never been used for any commercial activity, including child or adult care, are exempt from regulation.
B. 
Disposal of construction, renovation, and demolition waste shall be according to provisions set forth in this Section and current DNR standards.
C. 
City Of Lexington Regulatory Requirements. In addition to State and Federal regulations, the City of Lexington, Missouri, herein sets forth the following additional site safety, cleanup, backfill, disposal, and permit requirements for all construction, renovation and demolition activities within the City. The regulations of this Article shall complement or where necessary supersede any conflicting regulations of the 2018 Edition of the International Building Codes.
D. 
Definitions Explicit To Section 6-21.
ACCESSORY BUILDING
A building less than one thousand (1,000) square feet in floor area and less than fifteen (15) feet high, having no basement and not used as a dwelling, the use of which is incidental and appurtenant to the principal use of the lot on which it is located.
CLEAN DIRT/EARTH
Any type of soil not containing any rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, metal and inert solids- wood, brush, vegetation, litter, trash, or construction or building materials.
CLEAN FILL
1. 
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick; and minimal amounts of wood (but not lumber), metal and inert solids used for fill. Missouri Department of Natural Resources (DNR)'s current definition of "minimal amounts" is an occasional chip of wood. Clean fill cannot contain any building materials such as but not limited to, lumber, plaster, drywall, flooring, roofing, window glass, insulation, lead painted material, etc. [§ 260.200(6), RSMo.]
2. 
Concrete containing wire mesh or rebar, when used as clean fill, must have protruding rebar or mesh cut off before use.
3. 
Use of and location of disposal of any clean fill material shall require authorization of the Code Official and shall be stated on the permit. Should rock, sand, gravel, concrete, asphaltic concrete, cinder blocks, brick, metal and inert solids be disposed of it must be a minimum of twelve (12) inches below grade level, covered with uncontaminated soil and shall be thoroughly compacted.
EXEMPT FROM REGULATION
"Exempt," as used in this Article, means notification to DNR of asbestos or hazardous materials abatement is not required. All other regulations apply.
HAZARDOUS WASTE/REGULATED WASTE
Asbestos-containing material, lead paint and objects contaminated by lead paint are examples of the most common hazardous materials encountered during demolition and renovation projects.
RECOVERED MATERIALS
Those materials removed for reuse (lumber, doors, windows, ceramic tile and glass) and those removed to be recycled into new products.
REGULATED WASTES
Those wastes that cannot be used as clean fill and cannot be recovered for reuse or recycling. These wastes must be taken to a permitted landfill or transfer station for proper disposal.
RENOVATION
Construction work that results in significant envelope modifications or major interior rehabilitation and is extensive enough to prevent normal residential occupation or where normal commercial operations cannot be performed within a commercial building while the work is in progress. This does not apply to a homeowner performing minor maintenance or repair activities or painting work in his/her own home.
TOPSOIL
Soil suitable for growing grass and containing no contamination, rock, wood, brush, vegetation, litter, trash, or construction or building materials.
WASTE
The word "waste," as used in this Section, shall apply equally to all and any solid building material waste, whether generated by construction, renovation, demolition, disaster, or other means.
[Ord. No. 2019-15, 4-23-2019]
A. 
A certificate of inspection and clearance for asbestos and a letter of approval to proceed from DNR are required for those structures regulated by Chapter 260, RSMo., prior to the issuance of any demolition permit.
B. 
No person, firm or corporation shall wreck, demolish, or raze a building or other structure within the corporate limits of the City of Lexington without first obtaining a permit therefor from the Building Inspector. Such permit shall be issued only to an insured person, firm or corporation as hereinafter provided. However, a permit may be issued to an uninsured owner of record of land who desires to wreck or demolish or raze any building thereon; except that if such building shall be more than two (2) stories high or shall be less than ten (10) feet back from the street property line, such owner shall be required to give a certificate of insurance to the City of Lexington as hereinafter provided and required from persons, firms, or corporations engaged in the business of wrecking, demolishing, or razing buildings.
C. 
A person who has made arrangements for the demolition of a building by burning by the Fire Department for training purposes shall not be relieved from complying with the provisions of this Section.
[Ord. No. 2019-15, 4-23-2019]
A. 
Except as otherwise provided in Section 6-22(B) above, every person renovating or demolishing [see Definitions, Section 6-21(D), definition of "renovation"] a building or portion of a building, except an accessory building, in the City of Lexington shall file with the City Clerk one (1) of the following:
1. 
A liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in Missouri; or
2. 
A certificate of insurance issued by an insurance corporation; or
3. 
Other evidence of liability and property damage insurance. (Note: For homeowners doing their own renovation or demolition, some insurance companies will provide the required coverage under the homeowner's insurance policy).
B. 
The insurance required under this Section shall insure the person demolishing or renovating the building against loss from the liability imposed by law for injury to, or death of, any person or damage to any property growing out of the demolition or renovation of such building, with a cap of one million dollars ($1,000,000.00), exclusive of interest and costs, on account of injury to, or death of, any one (1) person, and of one million dollars ($1,000,000.00) for damage to property of others resulting from demolishing or renovation of any one (1) building.
C. 
Such insurance coverage shall indemnify the City and save it harmless against any and all claims, demands or causes of action whatsoever which might arise or accrue against it by reason of the granting of such permit or the exercise of any privilege thereby conferred and to repay all damages which may be suffered by the City or by any other person by reason of the exercise of the permit, including, by way of illustration, but not limited to, injury or damage to pavement, curbs, sidewalks, poles, wires or trees.
[Ord. No. 2019-15, 4-23-2019]
A. 
Prior to the issuance of a permit, the owner of the property and building which is to be renovated or demolished, or his licensed contractor, shall file with the City Clerk bonds or other form of security or a cash deposit in favor of the City, conditioned as follows:
1. 
A license or permit bond; and
2. 
A performance bond.
B. 
Bonds shall be for a sum no less than the contract price plus ten percent (10%) and shall name the City as obligee and shall be in a form approved by the City Attorney.
[Ord. No. 2019-15, 4-23-2019]
A. 
Before a regulated project begins, a licensed inspector must inspect the structure for asbestos-containing material. If the inspector finds regulated quantities of asbestos-containing material or assumes, based on a preponderance of evidence, for it to be in the structure, an asbestos abatement contractor must complete the project. Copies of both the asbestos report and the asbestos removal contractor's certification report of proper asbestos removal shall be provided to the City.
B. 
When requested by the Building Official, the applicant shall provide a structural engineer's report that describes the methods of demolition, including all necessary shoring; and plans and information necessary to determine that no hazards will be created that will damage adjoining properties or endanger the occupants or the general public.
C. 
When the construction, renovation or demolition site is near or adjacent to a pedestrian walkway, public site or public street, the site must be fenced, barricaded, signed against trespassing, or otherwise restricted to prevent unauthorized entry or injury to persons or damage to vehicles or property. Required safety fencing, barricades, or other restrictions must be coordinated with the Police Department and Building Inspector to ensure that traffic and pedestrian access to other properties, streets, public walkways, and public areas is not unnecessarily impeded.
D. 
All walkways, sidewalks, and streets open to the public must be kept clean and free of debris at all times. Failure to observe this requirement will result in citations in accordance with Section 6-31 of this Chapter.
E. 
Demolition and debris removal will occur during daylight hours only.
F. 
Dust must be controlled by wetting. All material to be removed shall be wetted sufficiently to lay the dust incidental to its removal.
[Ord. No. 2019-15, 4-23-2019]
A. 
All construction, renovation and demolition waste, other than clean fill, must be properly disposed of at a permitted transfer station or landfill regardless of whether it was generated from a commercial or residential structure. Burying construction waste, other than clean fill, anywhere on the property is illegal. (§ 260.210.1, RSMo.)
B. 
Open burning of any construction or demolition waste or debris is prohibited except that the City Fire Department may, with a permit from the Department of Natural Resources (DNR), burn some materials for training purposes.
[Ord. No. 2019-15, 4-23-2019]
A. 
When the primary structure on a building site is demolished, all wells, cisterns, septic tanks, cesspools and storage caves/cellars/pits on that building site must be listed on the building permit and be secured, removed, or filled in accordance with current DNR regulations and Lexington City Codes.
1. 
Abandoned wells may not be filled without prior DNR approval. The owner or contractor shall submit an abandonment registration record form (780-2161) to the Missouri Department of Natural Resources' Water Protection Program for the plugging of an abandoned well. A copy of the approval document must be provided to the Building Inspector prior to filling the well.
2. 
Abandoned cisterns must have the covers, domes, and as much of the vertical walls removed as possible before backfilling.
3. 
Abandoned cesspools and septic tanks must first be emptied of all sewage by a qualified professional waste-hauling company that disposes of the waste at a permitted landfill application site or wastewater treatment facility. Maximum effort must be made to keep the effluent away from human contact and from seeping into the soil. Cesspools must have covers, domes, and as much of the vertical walls removed as possible before backfilling. Septic tanks must be removed.
4. 
Caves/cellars/storage pits must have all building materials removed before backfilling.
B. 
Rubbish and all building material waste shall be removed from the site.
1. 
Basement walls that also serve as retaining walls for adjacent grade levels may remain in place if approved by the Building Inspector.
C. 
Sidewalks and concrete slabs shall be removed unless:
1. 
Required for access to other structures or areas.
2. 
They are to be part of any reconstruction.
3. 
Existing sidewalks located on street rights-of-way are not to be removed; however, the Building Inspector may waive this requirement if the existing sidewalk is in an unsafe condition prior to demolition.
D. 
Foundations shall be removed unless:
1. 
They are to be incorporated into any reconstruction.
2. 
They are part of a necessary retaining wall.
E. 
A building permit for new construction must be issued within sixty (60) days of final cleanup if any of the above items are to be incorporated into new construction. Otherwise, they must be removed.
F. 
Building site backfill material shall be clean earth free from organic material.
G. 
The lot surface shall be returned to a grade level compatible with surrounding property and be leveled with excavations and depressions filled. The applicant shall remove all rubbish and materials and fill excavations to existing grade so that the premises are left in a safe and sanitary condition and can be maintained in accordance with the International Property Maintenance Code within twenty-eight (28) days from the date of the demolition. Provisions for stormwater control and runoff must be approved by the Building Inspector.
H. 
Where demolished buildings shared a party wall/common wall with another building or where attached to an adjacent building:
1. 
It shall be the responsibility of the property owner of the demolished structure to ensure that no residual plaster, outlines of rooms, boarded or missing windows, remnants of the demolished building, or other evidence shall be visible from public areas or nearby private property. Roof joining lines on adjoining walls must be obliterated as much as possible and approved by the Building Inspector. The remaining exterior wall shall be properly weather protected.
[Ord. No. 2019-15, 4-23-2019]
A. 
The Missouri Solid Waste Management Law provides for civil penalties for persons who dispose of or allow the disposal of regulated construction and demolition wastes in unpermitted areas. The law contains criminal provisions for some types of illegal construction and demolition waste disposal. Additionally, each and every person violating provisions of Article III shall be guilty of violation of this ordinance and if found guilty, fined, imprisoned, or both (Section 6-30).
B. 
Each day any such violation shall continue shall constitute a separate offense.