[R.O. 1998 § 530.025; Ord. No. 3169, 7-1-2019]
For the purpose of this Article,
the following terms, phrases, words, and their derivations shall have
the meaning given herein.
ADVERSE IMPACT
A negative impact on land, water, and associated resources
resulting from grading activity. The negative impact includes increased
risk of flooding, degradation of water quality, increased off-site
sedimentation, reduced groundwater recharge, adverse effects on aquatic
organisms, wildlife, and other resources, and threats to public health,
welfare and safety.
APPLICANT
The person responsible for the grading activity who executes
the necessary forms to obtain a grading permit subject to this Chapter.
This definition encompasses co-applicants.
BEST MANAGEMENT PRACTICES or BMPs
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in stormwater discharges
associated with construction and grading activities. For examples
of BMPs, refer to the City of St. Ann's Sediment and Erosion Control
Manual.
CITY
The City of St. Ann.
CLEARING
Any activity that removes vegetative surface cover.
CODE
St. Ann Municipal Code.
CONTRACTOR
A person who contracts with the owner, developer, or another
contractor to undertake any or all grading activities covered by this
Chapter. This definition encompasses subcontractors.
DEPARTMENT
The Department of Public Services of the City of St. Ann.
DEVELOPER
Any person causing the performance of grading activities,
and/or any subsequent construction activity associated with improvements
or modifications on any portion of the site.
EROSION
The wearing away of the land surface by the action of wind,
water or gravity.
EROSION CONTROL or SEDIMENT CONTROL
Practices, measures or a schedule of activities to reduce
the wearing away of the land and reduce the sediment and other pollutants
carried by stormwater, wind or gravity.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed, and shall include the conditions resulting therefrom.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
FILL or FILLING
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
FINISHED GRADE
The final grade or elevation of the ground surface conforming
to the proposed design.
GRADING or GRADING ACTIVITY
Clearing, excavation or fill or any combination thereof and
shall include the conditions resulting from any excavation or fill.
GRADING PERMIT
Written approval from the City of St. Ann authorizing grading
activities.
GRADING PLAN
A plan that accurately depicts a representation of the existing,
intermediate and final grading prior to construction of improvements
and structures.
HEAVY RAIN
A rainfall event of one-quarter (0.25) or more inches of
precipitation.
INSPECTOR
A person who, under the direction of the Director of Public
Services, reviews any grading activity for compliance with this Chapter.
LICENSED ENGINEER
A person registered as a professional engineer in the State
of Missouri by the Missouri Board of Architects, Professional Engineers
and Land Surveyors.
MANUAL
See "Sediment and Erosion Control Manual."
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the
earth prior to changes made by unnatural conditions.
OWNER
A person, firm, or governmental agency, or other entity holding
legal title, or possession or control of the land.
PERMITTEE
The applicant in whose name a valid permit is duly issued
pursuant to this Chapter, and his/her agents, employees, and others
acting in his/her direction.
PERSON
Any individual, firm, partnership, joint venture, association,
club, fraternal organization, corporation, estate, trust, receiver,
organization, syndicate, City, County, municipality, district, or
other political subdivision, or any other group or combination acting
as a unit, and any agency or instrumentality thereof.
SEDIMENT AND EROSION CONTROL MANUAL (MANUAL)
A manual which establishes minimum requirements, and provides
guidance and additional resources to facilitate control of soil erosion
on land that is undergoing development for non-agricultural uses,
and to preserve the natural terrain and waterways within the incorporated
limits of the City of St. Ann.
SITE
Contiguous lots, tracts, projects or subdivisions of a single
owner or several owners.
SITE DEVELOPMENT
Altering terrain and/or vegetation and constructing improvements.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
The SWPPP, as required by Section
415.090, covers required sediment and erosion control practices specific to site conditions and maintenance and adherence to the SWPPP. Its purpose is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in stormwater discharges associated with land disturbance activities, comply with the Missouri Water Quality Standards and ensure compliance with the terms and conditions of the NPDES.
STREAMBANK, TOP OF EXISTING
The usual boundaries, not the flood boundaries, of a stream
channel located at the top of the natural incline bordering a stream.
[R.O. 1998 § 530.160; Ord. No. 3169, 7-1-2019]
Except as herein provided, no grading
activity shall commence on any site without obtaining a grading permit
from the department. Such activities include clearing, excavation,
fill, or any combination thereof within the limits of the property.
These activities must be shown on an approved grading plan and in
accordance with an approved SWPPP. A separate permit shall be required
for each site, provided, however, that one (1) permit may cover both
the excavation and fill made from excavated materials. An application
for such permit shall be accompanied by a filing fee in an amount
established by the Board of Aldermen. This permit shall not be issued
for new development until all improvement plans and final plans have
been approved.
[R.O. 1998 § 530.170; Ord. No. 3169, 7-1-2019]
The permit applicant must also obtain
a land disturbance permit from the State of Missouri Department of
Natural Resources for any site where one (1) acre or more of land
will be disturbed, before beginning any work authorized by a City
permit. This requirement applies to sites of less than one (1) acre
that are part of a proposed development that will ultimately disturb
one (1) acre or more.
[R.O. 1998 § 530.180; Ord. No. 3169, 7-1-2019]
A. A grading permit shall not be required
in the following instances, provided that no change in drainage patterns
or sedimentation onto adjacent properties will occur:
1.
Grading for the foundation or basement
of any building structure or swimming pool for which a building permit
has been duly issued.
2.
Grading of less than five (5) cubic
yards for sites ten thousand (10,000) square feet or less or less
than ten (10) cubic yards for sites in excess of ten thousand (10,000)
square feet.
3.
Grading for or by any public utility
for the installation, inspection, repair or replacement of any of
its facilities.
4.
Grading of property for or by any
governmental agency in connection with a public improvement or public
work on said property.
5.
Grading of land for nurseries, landscaping,
or gardening or similar horticultural use whenever there is substantial
compliance with recommendations or standards of the local soil conservation
authority.
6.
Grading activities in public rights-of-way
covered by an excavation permit.
7.
Trench excavation covered by a right-of-way
permit.
[R.O. 1998 § 530.190; Ord. No. 3169, 7-1-2019]
A. The manual, as may be updated and modified
by the department, will set forth minimum requirements that must be
met in order to obtain a grading permit. This document also provides
guidance and additional resources to facilitate control of soil erosion
on land that is undergoing development.
B. No permit shall be issued until the applicant
has deposited with the City a sum covering the cost of all review,
inspections or other administrative costs hereunder as determined
by the Director of Public Services. The Director of Public Services
shall estimate the cost using the schedule of fees as listed in the
manual and any other costs as deemed necessary. The Director of Public
Services also maintains the right to waive any and all fees.
[R.O. 1998 § 530.200; Ord. No. 3169, 7-1-2019]
An application for a grading permit
shall be in writing on forms provided by the Department, and submitted
to the City. The application shall be completed in the form and manner
prescribed by the department and shall include required information
as outlined in the manual. The grading plan and the SWPPP shall be
prepared and sealed by a licensed engineer, unless the requirement
is specifically waived by the Director of Public Services.
[R.O. 1998 § 530.210; Ord. No. 3169, 7-1-2019]
A. Performance Guarantee. Prior to the issuance
of a grading permit, the applicant shall deposit a surety with the
City as determined by the Director of Public Services as required
for particular sites. Said grading permit shall be issued upon the
approval of the department and the applicant depositing with the City
a sum equal to that which would be required to guarantee the performance,
restoration, maintenance and/or rehabilitation of said site based
upon the approved grading plans and the approved SWPPP.
B. If at any time the department determines
that the surety deposited with the City is in an amount that is not
sufficient to guarantee the performance, restoration, maintenance
and/or rehabilitation of the site based upon the approved grading
plans and the approved SWPPP, the permittee shall deposit additional
surety with the City in an amount determined by the department within
fifteen (15) days after receiving notification from the department.
If the permittee does not deposit the additional surety with the City,
the department may issue a stop-work order.
C. The surety shall be released as detailed
in the manual.
D. Any portion of the deposit not expended
or retained by the City hereunder shall be refunded when the grading
operation is completed and the soil and drainage conditions are stabilized
to the satisfaction of the City.
E. The director may perform, or have performed,
any work necessary to restore, maintain and/or rehabilitate the site
based upon the approved grading plan, approved SWPPP, and/or the requirements
of this Chapter. All costs incurred in the performance of this work
shall be charged against the surety the applicant deposited for the
grading permit. By applying for a grading permit, the applicant consents
to the City or its contractor entering the property and holds them
harmless regarding any work that they perform.
[R.O. 1998 § 530.220; Ord. No. 3169, 7-1-2019]
By applying for a grading permit,
the applicant consents to the City inspecting the proposed development
site and all work in progress. Inspections shall be made by the department
and the applicant as detailed in the manual. The applicant shall notify
the City upon commencement and completion of the following; clearing,
rough grading, finish grading before seeding; and all reestablishment
and construction work. Said notice shall be in writing to the Department.
[R.O. 1998 § 530.230; Ord. No. 3169, 7-1-2019]
A. Notice. At least five (5) working days
prior to the use of any street in the City by trucks or equipment
engaged in grading activities, the contractor in charge shall be required
to submit a written report to the department, specifying the kind
and description of trucks or equipment, and the loaded, and unloaded
weight of trucks and hauling equipment, and the number of each and
the length of time they will be required to use the streets of this
City. The contractor shall furnish the department with all other information
required of them to estimate or determine the amount of wear and tear,
or damage, if any, that may be caused to streets by such usage. The
applicant shall also provide the department visual documentation,
such as a video, and/or photographs, of the existing condition of
the streets to be used. Before construction actually commences or
while the work on the streets is in progress, the Department may require
the applicant to post a pavement restoration bond, in such sum as
is directed by the department, with the City to guarantee the City
compensation for any damage to streets, curbs, sidewalks or public
facilities.
B. Routes. The Department shall, at least
two (2) working days before the commencement of work and usage of
the streets of the City, notify the contractor of the route or routes
to be used by such trucks and equipment. The permittee and contractor
shall be charged with the duty of seeing that the trucks or equipment
use only the route or routes approved by the Department. In the event
of any emergency requiring a change in route or routes, or if the
director finds or determines that any route or routes so designated
are not safe or that excessive damage is being caused to any street
or streets in the City by such usage, or if he/she finds the welfare
of the City so requires, he/she may order that the trucks or equipment
use only the alternate route or routes so designated by the Director.
C. Inspection. The Director shall cause a
thorough inspection to be made of the condition of the pavement of
the streets designated and used under the permit as well as the curbs
and sidewalks, and shall make written reports of his/her findings,
including with his/her report after termination of the work, his/her
estimate of the cost of restoring the street, curbs and/or sidewalks
to their original condition.
D. At the time the Department of Public Services
approves the route or routes to be used, the applicant shall be notified
that the City will hold the applicant liable for unusual wear and
tear or damage to the streets, curbs, and sidewalks resulting from
such usage, and that acceptance of the route or routes by the applicant
shall constitute an agreement on the part of the contractor to pay
the reasonable cost of restoring the streets, curbs and sidewalks
in question to their original condition. Within thirty (30) days after
notification, the applicant shall cause the streets, sidewalks and
curbs to be restored to their original condition. Failure to affect
the repairs shall be cause for action against the surety.
[R.O. 1998 § 530.240; Ord. No. 3169, 7-1-2019]
No grading shall be completed on
any property which will adversely affect neighboring properties by
discharging, directing or obstructing water flow in such a way that
it causes damage to any neighboring properties.
[R.O. 1998 § 530.250; Ord. No. 3169, 7-1-2019]
A. BMPs At Construction Site. The permittee,
the owner of the property, contractor or developer in charge of work,
shall construct and maintain temporary siltation control devices or
other approved measures to prevent washing or spreading of mud and
dirt. Until final surfacing is in place, which will avoid washing
or spreading of dirt and mud onto other property or improvements,
all such material must be removed as necessary on a daily basis. In
the event that the BMPs in place are ineffective or experiencing failure
on a consistent basis, such measures shall be fortified or replaced
with more appropriate measures as directed by the Director of Public
Services.
B. Removing Mud From Vehicle Wheels. The permittee,
owners, contractors, and developers, jointly and severally, shall
provide their personnel with shovels, a wash-down station, or other
equipment as necessary to remove dirt from the wheels of all vehicles
leaving any clearing or grading site where mud has accumulated on
the wheels, before such vehicles enter any public or private street
of the City. It shall be unlawful for the permittee, or any owner,
contractor, or developer to permit any vehicle to leave such place
with mud on the wheels which is liable to be dispersed over any public
or private street of the City. It shall be unlawful for any driver
of a vehicle to enter upon the public or private streets of the City
without having removed or had mud removed from the wheels prior to
such entry. Each occurrence shall be a separate offense.
C. Spilling Materials On Streets. The permittee,
owners, contractors, and developers, jointly and severally, who may
load dirt, mud or other materials on any vehicle at any grading site
in the City, during construction or otherwise, shall so load the same
that no portion thereof shall be spilled or be liable to be spilled
on the streets of the City. It shall be unlawful for any driver to
operate a vehicle on the streets of the City which is loaded in such
manner that it spills or is liable to spill mud, dirt, or other materials
on the streets.
D. Boards Over Sidewalks. Boards, tracks,
or other protection must be laid over sidewalks, curbs and gutters
to avoid dirt and mud accumulating therein, as completely as possible
and to prevent breakage or damage to such installations, of whatever
material constructed. Damage to walks, curbs and gutters will be repaired
by the permittee, owner, contractor, or developer, or the director
may, upon ten (10) days' notice, cause to have them repaired at the
permittee's, owner's, contractor's or developer's expense.
E. Waste Material. During the course of construction,
excavation, or grading, the permittee, owners, contractors, and developers
are required to collect and dispose of all paper, refuse, sticks,
lumber and other building waste, and all other waste material, and
to prevent the same from blowing or otherwise being scattered over
adjacent public or private property. Any waste material that is blown
or scattered over the site, as well as, on any adjacent public or
private property, shall be picked up daily, and disposed of properly.
Washout from concrete trucks must be controlled in a manner so as
not to adversely impact the site, adjacent public or private property,
or adjacent streams and storm sewer systems.
F. Sanitary Facilities. Adequate provisions
must be made for sufficient temporary sanitary facilities to serve
the number of workers on the site.
G. Planting Ground. All disturbed areas shall
be sodded, planted, concreted, paved or otherwise surfaced within
fourteen (14) calendar days after completion of each phase of work,
to avoid washing or spreading of dirt and mud onto other property,
sidewalks, curbs, gutters, streets and the space between sidewalks
and curbs. If determined by the City that an undue hardship exists
because of unfavorable ground conditions, the City may grant an extension
of time by which the disturbed areas have to be surfaced.
H. Timing Of Grading Operations. All grading
activity shall be conducted between the hours of 7:00 A.M. and 7:00
P.M., Monday through Saturday, unless in the case of an emergency
or an extension of hours is specifically granted by the Director of
Public Services.
[R.O. 1998 § 530.260; Ord. No. 3169, 7-1-2019]
A. The permittee shall take appropriate measures
to prevent spills, and shall develop necessary control facilities
for materials such as paint, solvents, petroleum products, chemicals,
toxic or hazardous substances, substances regulated under the Resource
Conservation and Recovery Act (RCRA) or the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), and any wastes
generated from the use of such materials and substances, including
their containers. Any containment systems employed to meet this requirement
shall be constructed of materials compatible with the substances contained
and shall be adequate to protect both surface and ground water.
B. On-site fueling facilities shall adhere
to applicable Federal and State regulations concerning storage and
dispensers.
[R.O. 1998 § 530.270; Ord. No. 3169, 7-1-2019]
A. Agency Responsibility. Enforcement of this
Chapter shall be the responsibility of the City or official(s) as
determined by the City.
B. Responsible Parties For Enforcement Purposes
— Defined. The party or parties responsible and liable for actions
or non-action taken in relation to this Chapter, including responsibility
for abating violations of this Chapter, shall be the owner, applicant,
any co-applicants, permittee, contractor, developer and any other
responsible party and employees thereof.
C. Complaints. The City shall receive complaints
and inquiries and route the complaint/inquiry to the appropriate responsible
enforcement agency.
D. Notice Of Violation/Stop-Work Order. If
a complaint investigation or inspection results in a finding of non-compliance
with this Chapter, the appropriate inspector is authorized to issue
a notice of violation that may, at the discretion of the inspector,
include a stop-work order.
E. Content Of Notice Of Violation. The notice
of violation shall specify the deficiencies, what corrective action
is necessary, and a specific time frame in which the responsible party
is to achieve compliance.
F. Stop-Work Order. Issuance of a stop-work
order shall result in a suspension of all construction activity on
the site, except for work related to remediation of the violation,
until the violation is resolved to the City's satisfaction. The stop-work
order shall also suspend the right of the permittee, applicant, owner,
contractor, developer or any related entity to build or construct
any structure or public improvement on any portion of the site. The
Director of Public Services, upon the issuance of a stop-work order,
is authorized to suspend the issuance of building permits and occupancy
permits for structures on any portion of the site, and to suspend
all inspections and plan review related to any other work that is
taking place on the site, until such time as the violation is resolved
to the City's satisfaction. Stop-work orders shall specifically state
the provisions of this Chapter or the grading permit being violated.
Any person, who shall continue any work in or about the site after
having been served with a stop-work order, except such work related
to remediation of the violation, shall be subject to penalties as
specified in this Code.
G. Service Of Notice Of Violation And Stop-Work
Order. The written notice of violation, including a stop work order
as applicable, shall be mailed, postage pre-paid, to both the permittee
and owner. All stop-work orders that are issued by the Department
must be posted on the site on which the grading activity is taking
place, and in reasonable proximity to a location where the grading
activity is taking place. All stop-work orders posted in this manner
shall be considered validly delivered.
H. Issuance Of Summons To Court. It shall
be the responsibility of the owner to ensure that no violation of
this Chapter occurs on their property. If the responsible party fails
to comply with the notice of violation or there is no immediate settlement,
a summons to court may be issued to the responsible party. The summons
to court shall contain all the information required by the Code. The
Department of Public Services shall have the option of issuing a summons
to court immediately upon discovery of a violation, in lieu of a notice
of violation.
I. Summons, Service Of. The inspector shall
fill out and sign as the complainant a complaint and information form,
hereinafter referred to as a summons, directed by name to the responsible
party, showing the address or legal description of property on which
the violation is located, and such other information as may be available
to the inspector as shown on the summons, and specifying the selection
of this Section or grading permit which is being violated, and may
serve the summons on the responsible party or any or all of such persons.
The summons shall contain a date on which the case will be on the
Municipal Court docket for hearing. The City Prosecuting Attorney
shall sign the original copy of all such summons, and the original
thereof shall be forwarded to the Clerk of the Municipal Court for
inclusion on the Court's docket for the date shown on the summons.
J. Summons, Delivery By Mail. If no one is found at the property to accept a summons the inspector shall fill out and sign the summons as the complainant as provided in Subsection
(I) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court, who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid to the person named therein at the address shown on the summons, or at such other address as the person charged therewith may be found, or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
K. Abatement By City, Costs Assessed To Responsible
Party. If the responsible party for property for which a notice of
violation has been issued fails to abate the violation in the time
specified in the notice, whether on public or private property, the
City may without further notice abate the violation and, if necessary,
may lawfully enter upon the property on which the violation remains
unabated to abate such violation at the cost of the responsible party
for creating or maintaining the violation.
L. Payment Of Costs; Use Of Surety, Special
Tax Bill Or Judgment. All costs and expenses incurred by the City
in abating any violation may be deducted from the surety deposited
with the City or assessed against the property in the form of a special
tax bill, which special tax bill shall become a lien on the property.
Alternatively, the cost of abating the violation, whether on public
or private property, may be made a part of the judgment by the Municipal
Judge, in addition to any other penalties and costs imposed, if the
person charged either pleads guilty or is found guilty.
[R.O. 1998 § 530.280; Ord. No. 3169, 7-1-2019]
Any person violating any of the provisions
hereof shall, upon conviction, be subject to all penalties provided
for violation of City ordinances.