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HomeMy Public PortalAboutCity of ChesterfieldSection 405.04.110. Grading Permits. [CC 1990 § 31-04-11; Ord. No. 2801 § 3 (Exh. A), 6-16-2014] A. Permit Required. 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. 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 a grading permit shall be in writing on forms provided by the Department, and filed with the Department, and must be accompanied by a grading plan and SWPPP. B. Exceptions. 1. 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: a. Grading for the foundation or basement of any building structure or swimming pool for which a building permit has been duly issued; b. Grading activities on previously developed property which result in a disturbance of less than five thousand (5,000) square feet; c. Grading for or by any public utility for the installation, inspection, repair or replacement of any of its facilities; d. Grading of property for or by any governmental agency in connection with a public improvement or public work on said property; e. Grading of land for farming, nurseries, landscaping, or gardening or similar agricultural or horticultural use whenever there is substantial compliance with recommendations or standards of the local soil conservation authority; f. Grading activities in public rights -of -way covered by an appropriate special use permit; Grading activities in quarries and permitted sanitary landfills. g. 2. While these activities are exempt from obtaining a grading permit, all grading activities are still required to adhere to all :1 Section Section 405.04.110 405.04.110 standards set forth in the City's Sediment and Erosion Control Manual. C. Minimum Requirements. The Manual, as may be updated and modified by the Department, sets 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. D. Application Procedure. An application for a grading permit shall be in writing on forms provided by the Department, and submitted to the Department. 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 Works. E. Surety. 1. Performance Guarantee. a. Prior to the issuance of a grading permit, the applicant shall deposit a surety with the City as described below and 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. In the case of owners, contractors or builders who have previously violated the subject and provisions of this Section, the amount of the surety shall be increased in each case based on such previous experience. 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 :2 Section Section 405.04.110 405.04.110 a stop -work order as outlined in Section 405.02.120(H) of this UDC. c. The surety shall be released as detailed in the Manual. d. Any portion of the deposit not expended or retained by the C ty 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 of Planning or the Director of Public Works 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 Article. 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 C ty or its contractor entering the property and holds them harmless regarding any work that they perform. f. Deposits required by this Section shall be in conjunction with a deposit agreement and may be in the form of cash or letters of credit as follows: (1) C sh deposits shall be required when the estimate developed by the Department for the performance guarantee as set out herein is less than ten thousand dollars ($10,000.00) and in all other cases where the owners, contractors, or builders shall wish to make cash deposits, the same shall be deposited with the Director of Finance to be held in an interest -bearing account dedicated for that purpose, with all interest accruing to the C ty to offset administrative and other costs of maintaining the cash deposits; (2) An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the C ty Attorney and the Director of Planning. The instrument may not be drawn on a financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall be drawn on a local banking institution within the greater Metropolitan St. Louis area and :3 Section Section 405.04.110 405.04.110 within the State of Missouri. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the Director. The letter of credit shall be irrevocable for at least two (2) years and shall state that any balance remaining at the expiration, if not renewed, shall automatically be deposited in cash with the Director of Finance, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City with submission of a letter of credit and one hundred dollars ($100.00) for any amendment or extension thereof, to partially reimburse the City's administrative and review costs in accepting and maintaining such letter of credit. (3) rtificates of deposit, treasury bills, or other readily negotiable instruments, the type of which has been approved by the Director of Finance, endorsed to the City, the cash value of which shall be in an amount not less than the amount specified by the Department in its estimate of the cost for grading, restoration, maintenance, and/or rehabilitation of said site based upon the approved grading plans. 2. Downstream Impoundment Protection And Restoration Guarantee. a. If, in the opinion of the Department, lakes, ponds, detention areas or other impoundment areas may be impacted by proposed work, the permittee shall perform pre -construction and post -construction surveys of each facility and post a bond, in a form acceptable to the City, as guarantee that the permittee will perform work in such a manner as to protect downstream facilities and will restore any damage or negative impact his/her development had on the facilities. b. Pre -construction surveys shall be performed prior to any clearing, grading, demolition or other construction related to the proposed development and prior to plan approval. :4 Section Section 405.04.110 405.04.110 c. An acceptable bond shall be submitted prior to plan approval. d. Post -construction surveys shall be performed within twelve (12) months of the completion of the proposed development or two (2) years from the start of the development, whichever is greater. e. W thin three (3) months of the post -construction survey, the developer shall restore affected impoundment areas to the condition they would have been in if his/her development had not occurred. f. If the owner/operator of potentially impacted facilities will not grant the developer the necessary easements to complete the surveys or restoration work, the requirements of this Subsection are null and void. F. Inspections. 1. The applicant shall provide a qualified inspector to conduct regular inspections of the proposed development site. The qualifications of the inspector and frequency of inspection shall be as detailed in the Manual. 2. By applying for a grading permit, the applicant consents to the City inspecting the proposed development site and all work in progress. The applicant shall notify the City upon commencement and completion of the following: clearing, rough grading, finish grading before stabilization; and all reestablishment and construction work. Said notice shall be made as detailed in the permit issued to the applicant. G. Use Of Streets During Grading Operations. 1. Notice. At least five (5) working days prior to the use of any street in the City by trucks or hauling or grading equipment engaged in grading activities in the City which requires the use of the streets maintained by the City, the contractor in charge may be required to submit a written report to the Department, specifying the kind and description of trucks or hauling or grading 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 him/her to estimate or determine the amount of wear and tear, or damage, if any, that may be caused to streets by such usage. :5 Section Section 405.04.110 405.04.110 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. 2. 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 of Public Works 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, upon one (1) days' notice to the permittee and contractor, order that the trucks or equipment use only the alternate route or routes so designated by the Director of Public Works. 3. Inspection. The Director of Public Works 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. H. Damage To Streets, Etc. At the time the Department approves the route or routes to be used as provided in this Section, 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 his/her part 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 :6 Section Section 405.04.110 405.04.110 condition. Failure to effect the repairs shall be cause for action against the surety. I. Construction Dirt, Debris, Waste. 1. BMPs At Construction Site. After excavation or construction is commenced on any lot or tract of land in the City, and until sodding, planting, concreting, paving or other final surfacing is in place which will avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs, 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 such washing or spreading of mud or dirt. As may be required throughout the day, during the course of excavating or construction, dirt and mud on the sidewalks, curbs, gutters and streets, and the space between sidewalk and street resulting from work must be removed. 2. 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, 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, and 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. 3. 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 in violation of this provision, and 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. :7 Section Section 405.04.110 405.04.110 4. 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 of Public Works may, upon ten (10) days' notice, cause to have them repaired at the permittee's, owner's, contractor's or developer's expense. 5. 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. 6. Sanitary Facilities. Adequate provisions must be made for sufficient temporary sanitary facilities to serve the number of workers on the site. 7. Planting Ground. All disturbed areas shall be sodded, planted, concreted, paved or otherwise surfaced within five (5) 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. 8. Grading. All grading activity shall be conducted in conformance with the hours of operations as specified in the UDC, as may be amended or replaced. Spill Prevention And Control Facilities. 1. 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 :8 Section Section 405.04.110 405.04.110 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 water and groundwater. 2. On -site fueling facilities shall adhere to applicable federal and state regulations concerning storage and dispensers. K. Enforcement. 1. Agency Responsibility. Enforcement of this Section shall be the responsibility of the City of Chesterfield or official(s) as determined by the City. 2. Responsible Parties For Enforcement Purposes; Defined. The party or parties responsible and liable for actions or non - action taken in relation to this Article, including responsibility for abating violations of this Article, shall be the owner, applicant, any coapplicants, permittee, contractor, developer and any other responsible party and employees thereof. 3. Complaints. The City shall receive complaints and inquiries and route the complaint/inquiry to the appropriate responsible enforcement agency. L. Wetland Mitigation For Chesterfield Valley Area. A program that provides required mitigation for jurisdictional wetland areas in Chesterfield Valley has been approved by the United States Army Corps of Engineers and funded and constructed by the City of Chesterfield and the Monarch -Chesterfield Levee District. Prior to approval of grading and improvement plans on any parcel in Chesterfield Valley on which jurisdictional wetlands have been identified, the developer/property owner shall reimburse a pro rata share of the cost of development of the mitigation area. M. Natural Watercourse Protection. 1. No clearing, grading, excavation, construction or disturbance of any kind is permitted within fifty (50) feet of the top of bank of Bonhomme Creek, Caulks Creek or Creve Coeur Creek, or within twenty-five (25) feet of the top of bank of all other natural watercourses depicted on the most current United States Geological Survey (USG S) 7.5 Minute Series (Topographic) Maps for the City of Chesterfield, Missouri :9 Section Section 405.04.110 405.04.110 (buffer areas). Permanent vegetation and existing ground elevations and grades within the above -mentioned buffer areas shall be left intact and undisturbed except as permitted in Section 405.04.110(M)(2) of this Article. If no top of bank is apparent, the ten-year, twenty -four-hour or fifteen -year, twenty -minute water surface elevation will determine the top of bank. The top of bank and the buffer area shall be depicted on the grading plan. 2. The following structures, practices and activities are permitted in the buffer areas: a. Roads, bridges, trails and utilities approved by the Director of Public Works are permitted within the buffer areas, provided that an alternative analysis has clearly demonstrated that no other feasible alternative exists and that minimal disturbance will take place. Following any disturbance, the impacted area shall be restored. b. Stream restoration projects are permitted within the buffer area. c. Horticultural practices may be used to maintain the health of the natural vegetation. Individual trees may be removed which are dead, diseased and/or dying, are in danger of falling, causing damage to nearby structures, or causing the blockage of the watercourse. N. Penalties For Violation. See Article 08 of this UDC for penalties for violation of this Section of the UDC. :10