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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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(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.
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