[R.O. 2012 § 515.010; Ord. No. 67 § A, 4-4-1977]
A. 
By reason of thawing of frost, or rains, or due to new construction, whereby the roads are in a soft condition, the Board of Aldermen may designate certain streets to be limited to the use of passenger vehicles only, upon the passage of a duly authorized resolution.
B. 
Upon adoption of each such resolution, the City Engineer within two (2) days, shall cause to have erected a sign at the intersection of the restricted street and the nearest unrestricted street or road. If required, additional signs shall be erected along the restricted street. A notice of such resolution shall be posted at the City office. Upon termination of said resolution, the signs shall then be removed.
C. 
Any person, firm, or corporation violating Subsection A of this Section, shall be fined not less than one dollar ($1.00), nor more than five hundred dollars ($500.00).
[R.O. 2012 § 515.020; Ord. No. 67 § B, 4-4-1977; Ord. No. 169, 6-21-1994; Ord. No. 510, 8-11-2021]
A. 
Permit Required. It shall be unlawful for any person to dig up or in any manner make any excavations in or across any street, sidewalk, or public place in the City without having obtained a permit from the Administrative Officer to do so.
B. 
Excavation Permit. Any person desiring an excavation permit shall make written application therefore to the Administrative Officer which shall designate the place of such excavation with reasonable certainty and the reasons a necessity exists for such digging or excavation. If such digging or excavation is intended to be made for a necessary and lawful purpose, the City Engineer shall issue such permit.
C. 
Permittee's Duty To Backfill. By his/her acceptance of an excavation permit, the permittee agrees to properly backfill any excavation made by him/her pursuant to his/her permit.
D. 
Restoration Fees. The restoration fee to be paid by applicants for an excavation permit to cover the cost of restoring the surface after the backfilling of excavations shall be five hundred dollars ($500.00). When the surface is restored by the permittee in a manner satisfactory to the Administrative Officer, the fee paid by such permittee shall be refunded to such permittee; and if the surface is restored by the City, such fee shall be applied toward the cost of restoration and the excess, if any, shall be refunded to the permittee; and if the fee is not sufficient to cover the cost of restoration of the surface by the City, the permittee shall be liable to the City to the extent that the costs to the City exceed the amount of the fee.
E. 
Protection Of Persons And Property. Permittees under this Section shall erect and maintain such barriers, warning signs and lights, and take such other precautions as may be necessary to adequately safeguard life, limb and property; and shall comply with any lawful requirements which the Board of Aldermen or the Administrative Officer may impose.
F. 
Work Done Under Permit To Be Prosecuted Diligently. All work done pursuant to an excavation permit shall be prosecuted diligently and without avoidable delay, to the end that all excavations shall be backfilled and the repair and restoration work completed in accordance to Resolution 489, available in the City Clerk's Office. The failure of the permittee to comply with such notice shall constitute a violation of this Section.
G. 
Procedure In Emergency Cases; Temporary Waiver Of Requirement For Permit. In case of an emergency where the public health or safety is in danger and City Administration offices are not open, the provisions of this Section relating to the issuance of permits prior to commencement of work of excavation shall not apply. In such case the person making the excavation shall notify the Police and Fire Departments that the emergency work is being commenced and the location thereof, and the work may proceed immediately, following the provisions set forth in this Section. Final surfacing or temporary patches shall not be applied to the excavation until such time as the Administrative Officer has inspected and approved the backfill and issued a permit therefor. Application for the permit shall be made on the first day on which the office of the Administrative Officer is open after the work is commenced.
[R.O. 2012 § 515.030; Ord. No. 124 §§ I, II, 4-3-1989; Ord. No. 169, 6-21-1994; Ord. No. 314, 7-17-2007; Ord. No. 317, 8-21-2007]
A. 
Any construction or site development that requires a permit, requiring delivery of or removal of concrete, sand, brick, asphaltic concrete, gravel or crushed rock, fill, topsoil, rock or other type materials to or from a proposed building site shall be on designated routes provided by a competent official. A performance bond shall be collected in the amount of one percent (1%) of the total cost of construction for all projects, not to be less than five hundred dollars ($500.00). This bond shall be collected before any work commences on any site. Any damage to City property shall be determined by a competent City Official as soon as practical, but no later than the scheduled completion date of the project. It shall be the responsibility of the applicant to inform the City of the completion date. The bond shall be refunded if there is not any damage to City property. Cost of repairs exceeding the bond shall be collected from the bond provider before any further work is allowed.
B. 
Each applicant for a building permit shall present to the Building Inspector or other competent official receipts showing that all previous obligations have been satisfied in full. No permit shall be issued if the applicant has any outstanding obligations to the City. Insolvency or bankruptcy of any individual or business organization shall be no defense to this requirement.
[R.O. 2012 § 515.040; Ord. No. 266, 5-7-2002]
A. 
Any tree that measures six (6) inches in circumference at four (4) feet five (5) inches above ground level shall be saved or replaced with a tree with a minimum six (6) inches circumference at four (4) feet five (5) inches above ground and shall be hardy to this region. This requirement shall not apply if existing trees are spaced throughout the lot in sufficient numbers to meet the requirement of one (1) tree per two thousand five hundred (2,500) square feet — or fraction thereof — of lot size, one (1) of which shall be located in front of the building line.
B. 
The property owner and their successors shall be responsible for the care and maintenance of the replacement tree for eighteen (18) months following the planting. If the replacement tree should die within the eighteen-month period, a new tree must be planted by the owner and a new period of eighteen (18) months will begin as above.
C. 
It shall be the responsibility of the property owner to submit a plan that shall have the location of planned replacements or existing trees as required. The plan must be submitted prior to receiving a building permit.
D. 
Trees that are standing dead or severely damaged by termites, lightning or other acts of God and are removed as a safety precaution are exempt from replacement requirement.
E. 
It shall be the responsibility of the property owner to submit a plan for grading, strawing, seeding or application of other landscaping materials to control soil erosion on land that has been excavated, filled or otherwise disturbed during construction and/or tree removal.
F. 
If compliance with the provisions and conditions provided herein has not been met prior to the request of or an occupancy permit, the property owner shall deposit a performance bond of five hundred dollars ($500.00) until such compliance is met within six (6) months of occupancy permit.
[1]
Cross Reference: As to topography, natural vegetation and natural watercourse in subdivision, § 410.110.
[Ord. No. 541, 6-21-2023]
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
LAND DISTURBANCE
Activities that alter the natural state of the land surface, including, but not limited to:
1. 
Land clearance, such as clearcutting and deforestation.
2. 
Residential grading, excavating, and filling with the intent to develop property.
3. 
Commercial grading, excavating, and filling with the intent to develop property.
4. 
Clearing vegetation that results in the drastic change of the property topography resulting in a concentration of runoff and stockpiling of erodible materials.
B. 
Land Disturbance Permit Required.
1. 
No person shall engage in land disturbance activities within the City of Kimberling City for areas under one (1) acre without first obtaining a valid land disturbance permit from the City of Kimberling City or designated authority.
2. 
For any disturbance of one (1) acre or more in total, a land disturbance permit must also be obtained from the Missouri Department of Natural Resources.
3. 
The land disturbance permit application shall be submitted to the City of Kimberling City, accompanied by the required fee, and include the following information:
a. 
Name and contact information of the permittee.
b. 
Site location and legal description of the proposed land disturbance area.
c. 
A site plan showing existing and proposed contours, erosion and sediment control measures, stormwater management facilities, and any other relevant details as required by the City of Kimberling City Building Department.
d. 
Erosion and sediment control plan that demonstrates compliance with the Missouri DNR guidelines.
e. 
Any additional information or documents deemed necessary by the City of Kimberling City Building Department.
The Building Official shall review the land disturbance permit application within a reasonable time frame and may conduct site inspections to ensure compliance with all applicable regulations. The land disturbance permit shall be issued only if the permittee has satisfied all requirements and provided sufficient documentation.
C. 
Land Disturbance Not Requiring A Permit.
1. 
Activities that include minor property maintenance that does not drastically change the topography of a property, including, but not limited to:
a. 
Single tree removal.
b. 
Removing brush for aesthetic purposes.
c. 
Garden installation.
D. 
Land Disturbance Procedures.
1. 
The permittee shall implement erosion and sediment control measures as specified in the approved land disturbance permit and in accordance with the Missouri DNR guidelines. Erosion and sediment control measures shall include, but are not limited to, the installation of silt fences, sediment basins, erosion blankets, and appropriate stabilization practices.
2. 
The permittee shall adhere to best management practices for stormwater management, sediment control, and vegetation protection during and after land disturbance activities.
3. 
Regular inspections shall be conducted by the permittee to ensure the proper functioning of erosion and sediment control measures, and any necessary maintenance or repairs shall be promptly addressed.
4. 
The permittee shall comply with any additional requirements or conditions specified in the land disturbance permit issued by the City of Kimberling City Building Department.
E. 
Penalties. Violation of this Section, including conducting land disturbance activities without a permit or failure to comply with the required regulations, shall be subject to penalties as determined by the City Code Enforcement Official as follows:
1. 
A stop work order will be issued as a first warning by the City Code Enforcement Official requiring corrective actions, including, but not limited to, obtaining a permit and revocation of an existing permit for non-compliance or violation of any provisions of City ordinances.
2. 
A fine of five hundred dollars ($500.00) for the second offense.
3. 
A fine of one thousand dollars ($1,000.00) per each offense thereafter.
4. 
Every twenty-four (24) hours shall be considered a new offense.
[Ord. No. 547, 7-17-2024]
A. 
Definition. For the purpose of this Section the following terms, phrases, words and their derivatives, shall have the meaning as stated in this Section:
SHARED USE PATH
A path designated to accommodate pedestrians, bicyclists and other modes of non-motorized transportation at the side of a street or road. A shared use path requires ten (10) foot width. A sidewalk is considered a shared use path if the width of the sidewalk can accommodate non-motorized multi-mode use.
SIDEWALK
A path designated for pedestrians at the side of a street or road. A sidewalk requires a minimum of five (5) foot width.
B. 
Policy. It is the policy of the City of Kimberling City that sidewalk or shared use paths be constructed along public street frontage with the following goals:
1. 
Promoting the safety of pedestrian access, movement and protection for the physically able, physically challenged, children and seniors within the community.
2. 
Promoting that minimum ADA guidelines being met for all sidewalk or pathway installations, existing and proposed.
3. 
Ensuring that all development including new construction, reconstruction or rehabilitation actively implements the construction of sidewalks or shared use paths in locations identified as a need in the City of Kimberling City's Active Transportation Plan.
C. 
Sidewalks are required to be constructed on all public street frontages as identified as a pedestrian need or bicycle need in the City of Kimberling City's Active Transportation Plan.
D. 
If adequate right-of-way does not exist to construct the required width of sidewalk for the location as identified in the City of Kimberling City's Active Transportation Plan, a public sidewalk easement will be required.
E. 
Pedestrian Access Required. Pedestrian walkways shall be required in accordance with the current adopted Building Codes of the City of Kimberling City for accessible routes between public streets and sidewalks and accessible building entrance served.
F. 
General Requirements. The following general requirements shall apply for the construction of sidewalks within the City of Kimberling City:
1. 
Sidewalks shall be constructed along public street frontage of all new primary building construction sites.
2. 
Sidewalks will be required at the time of platting or subdivision if new streets are involved. If no new streets are involved, sidewalks will be required at development.
3. 
Sidewalks shall be constructed along public street frontage of all new construction and any redevelopment of a site with existing uses or structures involving site work, including, but not limited to, parking lot changes or additions or landscaping that require a building permit.
4. 
An occupancy permit will not be granted until sidewalk as required is constructed and accepted by the City of Kimberling City.
G. 
Sidewalk Placement. When sidewalks are required to be constructed, they shall be located as determined by the Public Services Manager and/or City Administrator. Sidewalks are required as follows:
1. 
Where possible, sidewalks shall be located one (1) foot from the right-of-way line and one (1) foot from the edge of pavement.
2. 
A route called out in the City of Kimberling City Active Transportation Plan as a pedestrian need will be classified as a sidewalk and must be a minimum of five (5) feet wide.
3. 
A route called out in the City of Kimberling City Active Transportation Plan as a bicycle need will be classified as a shared use path and must be a minimum of ten (10) feet wide.
4. 
All sidewalk construction within the public right-of-way must meet minimum standards as set forth in the Public Rights-of-Way Accessibility Guidelines (PROWAG) published by the United States Access Board.