HomeMy Public PortalAboutCity of Maryland Heights 2/23/2021 , Maryland Heights,MO Code of Ordinances
ARTICLE IV.-GRADING AND EXCAVATION
Footnotes:
---(3)---
Editor's note—Ord.No. 2008-3037, §1,adopted Feb. 7, 2008,repealed the former Art. IV,§§6-101-6-108,and enacted a new Art. IV as set
out herein. The former Art.IV pertained to grading and excavation and derived from Ord.No. 87-304,§§2-6,and§§8-11, adopted 2-5-87.
DIVISION 1.-GENERALLLY
Sec. 6-100.- Purpose.
The purpose of this article is to set forth minimum requirements, and provide guidance and additional resources to
facilitate control of soil erosion on land that is undergoing development for nonagricultural uses, and to preserve the
natural terrain and waterways within the incorporated limits of the City of Maryland Heights, Missouri. Soil erosion scars
the land and creates sediment that clogs storm sewers and road ditches, chokes streams and creates silt lakes, all of which
pose a threat to public health and safety.The provisions in this article are intended to provide a natural community
environment,to prevent soil erosion and to reduce costly repairs to gullies,washed out fills, stormwater conveyance
systems, roads and embankments.Application of the regulations of this article is intended to control soil erosion and
sedimentation.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec.6-101. -Scope of authority.
Any person,firm, corporation or business proposing to clear or grade land within the incorporated limits of the city shall
apply to the department for approval of a grading plan, a stormwater pollution prevention plan (SWPPP), and issuance of a
grading permit. State or federal permit requirements that are more stringent than the requirements set forth herein shall
govern.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-102. - Definitions.
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 and water quality, increased offsite sedimentation, reduced
groundwater recharge, adverse effect 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 coapplicants.
Best management practices(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. Examples of BMPs are
included in the appendices of this article.
Building commissioner.The building commissioner of the city.
1/86
2/23/,2021 Maryland Heights,MO Code of Ordinances
City.The City of Maryland Heights.
City planner.The city planner of the city.
Clearing.Any activity that removes vegetative surface cover.
Code. Municipal Code of the City of Maryland Heights, Missouri.
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.
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.
Department.The department of community development of the city. Department shall be the department of public
works for all projects managed by the department of public works.
Director of public works.The director of public works for the city or an authorized representative of the director of public
works.
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 confirming to the proposed design.
Grading or grading activity. Clearing, excavation or fill or any combination thereof and shall include the conditions
resulting from an excavation or fill.
Grading permit.Written approval from the city 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 which has a rainfall intensity that causes erosion or a rain event that of one-half(0.5)or more
inches of precipitation in a twenty-four-hour period.
Inspector.A person who, under the direction of the director, city planner or building commissioner, 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 state board of
architects, professional engineers and land surveyors.
Natural watercourse.A channel formed in the existing surface topography of the earth prior to changes made by
unnatural conditions.
2/86
2/2342021 Maryland Heights,MO Code of Ordinances
Nonpoint sources and land disturbance permits(NPDES). Refers to section 402 of the state department of natural
resource's water pollution control program.
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 or sedimentation. Solid material, mineral or organic,that has been moved from the point of origin by erosion.
Site. Contiguous lots,tracts, projects and subdivisions of a single owner or several owners.
Site development.Altering terrain and/or vegetation and constructing improvements.
Storm water pollution prevention plan(SWPPP).The SWPPP covers required sediment and erosion control practices
specific to site conditions and maintenance and adherence to the SWPPP plan. 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 state 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.The top of the natural
incline bordering a stream.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-103.-Grading permit required.
Except as herein provided, no grading activity shall commence on any site without obtaining a grading permit. 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. This
permit shall not be issued for new development until all improvement plans and final plans have been approved.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-104.-State permits required.
The permit applicant must also obtain a land disturbance permit from the state department of natural resources
(MoDNR)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.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-105. - Exceptions.
(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:
3/86
2/23A2021 Maryland Heights, MO Code of Ordinances
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources;
(2) Grading for the foundation or basement of any building structure or swimming pool for which a building
permit has been duly issued;
(3) 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;
(4) Grading for or by any public utility for the installation, inspection, repair or replacement of any of its facilities;
(5) Grading of property for or by any governmental agency in connection with a public improvement or public
work on said property;
(6) Grading of land for farming, nurseries, landscaping, or gardening or similar agricultural or horticultural use
conducted as a permitted or accessory use;
(7) Gardening and similar activities on property occupied by one-or two-family dwellings;
(8) Grading activities in public rights-of-way covered by a special use permit;
(9) Trench excavation covered by a construction permit;
(10) A SWPPP shall not be required for any land disturbance activity involving less than one(1) acre, unless
requested by the director or city planner.This exception does not apply to sites of less than one(1)acre that
are part of a proposed development that will ultimately disturb one(1)acre or more.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-106.- Minimum requirements.
(a) Grading plan requirements:
(1) Existing and proposed contours shall be shown at intervals of no more than two(2)feet.Also indicate
existing and proposed elevations at buildings,walks, drives and streets
(2) Location and estimated quantities of grading and fill;
(3) Description of soil types, based on soil test borings.A copy of the soils report and boring logs shall be
submitted with the plan;
(4) Location of all clearing and grubbing, including removal of existing structures or other existing site
improvements;
(5) Owner, developer, and engineer information;
(6) Benchmark information;
(7) Location of any underground utility lines, any part of which is located within fifty(50)feet of the proposed
excavation or filling area;
(8) Floodplain and floodway delineated;
(9) Offsite grading;
(10) Construction access to site;
(11) Location of temporary offstreet parking;
(12) Estimated schedule of operations, including the dates of starting and completion of grading work;
(13) Location of any sewage disposal system or above ground or under ground utilities, any part of which is
located within fifty(50)feet of the proposed excavation, grading or filling area;
(14) Location and present status of any geological features which may affect the use of the site(e.g. ponds, sink
holes, subsurface rock, high water table);
4/86
2/23/2021 • Maryland Heights, MO Code of Ordinances
(15) Site address;
(16) Details of site drainage system.
(b) SWPPP requirements:
(1) Site description;
(2) Drainage areas;
(3) Description of best management practices;
(4) Erosion and sediment control plans;
(5) The proposed phasing of development of the site;
(6) Construction waste and hazardous substance control.
(c) Grading plan and SWPPP approval:
Comments/approvals may be required from the following agencies:
(1) All requirements of the Metropolitan St. Louis Sewer District shall be met where applicable.
(2) Conservation district comments. If a plan is submitted by the Department to the United States Department of
Agriculture(USDA) Natural Resources Conservation Service(NRCS),the NRCS district may make comments
and recommendations. Such comments may pertain but need not be limited to:
a. Erosion and sedimentation control;
b. Soil use limitations;
c. Environmental considerations.
(3) The Federal Emergency Management Agency(FEMA)and U.S.Army Corps of Engineers (USACOE)guidelines
shall be followed where applicable.
(d) Modifications and changes.
(1) Amending/updating the SWPPP.The permittee shall amend and update the SWPPP as appropriate during the
term of the land disturbance activity.The permittee shall amend the SWPPP, at a minimum,whenever the:
a. Design, operation, or maintenance of BMPs is changed;
b. Design of the construction project is changed such that it could significantly affect the quality of the
stormwater discharges;
c. Permittee's inspections indicate deficiencies in the SWPPP or any BMP;
d. MoDNR and/or the city notifies the permittee of deficiencies in the SWPPP;
e. The department, or other responsible party determines the SWPPP to be ineffective in significantly
minimizing or controlling erosion and sedimentation (e.g., there is visual evidence, such as excessive site
erosion or excessive sediment deposits in streams or lakes);
f. The department, or other responsible party determines the SWPPP to be ineffective in preventing
pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts,
toxic or hazardous material, site litter or other substances or wastes likely to have an adverse impact on
water quality;
g. Total settleable solids from a stormwater outfall exceed 2.5 ml/L/hr. unless the disturbed area is near a
valuable resource water as defined under"Applicability to Valuable Resource Waters".Total settleable
solids from a stormwater outfall in these areas shall not exceed 0.5 ml/L/hr.
h. MoDNR, or other responsible party determines violations of water quality standards may occur or have
occurred.
5/86
2/23/2021 • Maryland Heights, MO Code of Ordinances
(e) Permittee's responsibilities regarding SWPPP:
The permittee shall:
(1) Notify all contractors and other entities who will perform work at the site, of the existence of the SWPPP and
what actions or precautions shall be taken while on site to minimize the potential for erosion and the
potential for damaging any BMP;
(2) Establish training programs to ensure that all site workers have been trained, as a minimum, in erosion
control, material handling and storage, and housekeeping;
(3) Provide copies of the SWPPP to all parties who are responsible for installation, operation or maintenance of
any BMP;
(4) Maintain a current copy of the SWPPP on the site at all times.
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 appropriate department.The city
shall estimate the cost using the schedule of fees as listed in the manual and any other costs as deemed
necessary.The city also maintains the right to waive any and all fees.
No fees will be charged for permits issued by the department of public works for projects managed by the
department of public works.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-107.-Standards.
(a) A grading permit shall be issued and shall remain in force only upon compliance with the following requirements:
(1) Surface waters;damage.Adequate provision shall be made to prevent any surface waters from damaging the
cut face of an excavation or the sloping surface of a hill.
(2) Retaining walls. Retaining walls shall be required wherever necessary to prevent the surface of any
excavation or fill from exceeding at any point the maximum allowable slopes as set forth herein and for
preservation of significant trees as determined by the director or city planner. Retaining walls shall be
constructed of reinforced concrete or decorative, interlocking masonry blocks.Timber or creosote treated tie
walls are specifically prohibited. Other materials may be approved by the director, city planner or building
commissioner on a case by case basis.
(3) Drainage.All drainage provisions shall be of such design to carry surface waters, without detriment to
adjacent properties, to the nearest practical storm drain, natural water course or street as approved by the
director or city planner as a suitable place to deposit and receive such waters.
(4) Protection of streets,property. No excavation shall be made so close to the property line to endanger any
adjoining public or private street or property without supporting and protecting such public or private street
or property from settling, cracking or other damage.
(5) Fill-location. No fill shall be made so as to cause or to allow the same to be deposited upon or to roll,flow or
wash upon or over the premises of another without the express written consent of the owner of such
premises so affected; or upon or over any public street,walk, place or way, nor so close to the top of a bank
of a channel as to create the possibility of bank failure and sliding.
(6) Materials. Materials for fills shall consist of material obtained from excavation of banks, borrow pits or other
approved source. Material shall be free of vegetative matter and deleterious material and shall not contain
6/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
large rocks or lumps except as certified by a registered professional engineer to be acceptable fill material.
(7) Minimum standards. Minimum standards of excavations and fills shall be as follows:
a. No excavation shall be made with a cut face steeper in slope than three(3) horizontal to one(1)vertical,
unless as provided for in subsection (a)(7)c.
b. No fill shall be made which creates an exposed embankment face steeper in slope than three(3)
horizontal to one(1)vertical, unless as provided for in subsection (a)(7)c. The embanked end of the fill
shall be uniformly compacted as provided in subsection (a)(8) hereof and stable under the proposed
conditions.
c. Individual and isolated slopes, rock dikes, undisturbed natural slopes and slopes blending with the
natural terrain may be steeper than the requirements in subsections(a)(7)a and b, based on the design of
a registered professional engineer, including recommendations covering construction and
recommendations on maintenance of the slope, and as approved by the director or city planner.
(8) Compaction.All fills intended to support buildings or structures; sewers and conduits shall be compacted to a
minimum of ninety-five(95) percent compaction as determined by Modified Proctor,ASTM International
(ASTM)ASTM D-1557. Compaction of fills for these uses must be certified by a registered professional
engineer at the owner's expense. Compaction of other fills shall be required where necessary as a safety
measure to aid in preventing the saturation, slipping or erosion of the fill.
(9) Rock. Solid rock, shale or similar materials shall be removed to a depth below the subgrade for paved areas.
In those circumstances where rock is within two(2)feet of the proposed pavement subgrade,the engineer
shall design a system, acceptable to the director,to prevent pavement migration.
(10) Removal of timber, rubbish, etc.Timber, logs, trees, brush,vegetative matter and rubbish of any description
shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance as
directed by the registered professional engineer.Tree stumps, masonry and other obstructions,within lawn
areas shall be removed to a minimum depth of two(2)feet below finished grade.
(11) Demolition of existing structure.A demolition permit shall be obtained from the county department of health
with a waste disposal permit and an asbestos [abatement] certification.Authorization from the city will be
required in order to obtain the permit. Septic tanks shall be removed and abandoned cisterns filled. Wells
shall be capped in accordance with requirements of the state department of natural resources.
(b) Quality.Total settleable solids from a stormwater outfall shall not exceed 0.5 ml/L/hr if the discharge is within
the prescribed proximity of a "valuable resource water" as established by the MoDNR in general permit mO-
R109000.Total settleable solids for any other outfall shall not exceed 2.5m1/L/hr. For additional information see
appendix F—Valuable resource waters and state water quality standards 10 CSR 20-7.031.
(c) Sampling.The department may sample, and/or may require sampling and reporting as a result of illegal
discharges, compliance issues, complaint investigations, or such other evidence of offsite contamination from
activities at the site. If such an action is needed,the department will specify in writing any additional sampling
requirements, including such information as location, extent, and parameters.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-108.-Application procedure.
An application for a grading permit shall be in writing on forms provided by the city, 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 this article.The grading plan and the SWPPP shall be prepared and sealed by a licensed engineer,
7/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
unless the requirement is specifically waived by the city.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-109.-Surety.
(a) Performance guarantee.
(1) Prior to the issuance of a grading permit,the applicant shall deposit a surety with the city as determined by
the city planner as required for particular sites. Said grading permit shall be issued upon the approval of the
department of community development 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.
(2) If at anytime the department of community development 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 of community development may issue a stop work order as outlined in
subsection 6-113(f)of this chapter.
(3) The funds will be released when the permitted improvements are completed and approved by the city to
insure that the sediment and erosion control measures are maintained.
(4) 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.
(5) The city 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.
(6) Deposits required by this chapter shall be in conjunction with a deposit agreement and may be in the form as
follows:
a. Cash deposits shall be required when the estimate developed by the department of community
development 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 city's director of finance to be held in an interest bearing
account dedicated for that purposes,with all interest accruing to the city of offset administrative and
other costs of maintaining the cash deposits;
b. Certificates of deposit,treasury bill, or other readily negotiable instruments, the type of which has been
approved by the director of finance, endorsed to the city in the cash value of which shall be in an amount
not less than the amount specified by the department of community development in its estimate of the
cost for grading, restoration maintenance and/or rehabilitation of said site based upon the approved
grading plans.
(b) Downstream impoundment protection and restoration guarantee.
(1) If, in the opinion of the department of community development, lakes, ponds, detention areas or other
8/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
impoundment areas may be impacted by proposed work, the permittee shall perform preconstruction and
post-construction surveys of each facility and post a bond, in a form acceptable to the city, as guarantee the
permittee will perform work in such a manner as to protect downstream facilities and will restore any
damage or negative impact his development had on the facilities.
(2) Preconstruction surveys shall be performed prior to any clearing,grading, demolition or other construction
related to the proposed development and prior to plan approval.
(3) An acceptable bond shall be submitted prior to plan approval.
(4) 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.
(5) Within 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 development had not occurred.
(6) 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.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-110. - Inspections and maintenance of SWPPP.
(a) Special inspector.
The permittee and property owner/developer shall ensure that the land disturbance site is inspected on a regular
schedule by a qualified inspector who is currently certified as a major land disturbance special inspector by the county. On
projects that are small in nature,this requirement may be waived at the discretion of the city.
(b) Site inspections and responsibilities.
(1) The inspector shall inspect the site weekly to ensure proper installation, operation and maintenance of
BMP's. Locations where stormwater leaves the site shall be inspected for erosion or sediment deposit.The
overall effectiveness of the SWPPP shall be evaluated and the need for additional control measures
addressed if needed. See appendix G for general guidance on inspection requirements.Any deficiencies shall
be noted in a report of the inspection.
(2) Additional inspections shall also be carried out within twenty-four(24) hours of a rainfall event of one-half
(0.5) inch or more.
(3) The inspector shall promptly notify the permittee and the site contractors responsible for operation and
maintenance of BMPs of the deficiencies found during the inspection.
(4) The permittee shall correct the deficiencies within one(1) calendar day of the inspection in emergency
conditions and four(4)calendar days of the inspection for routine maintenance.
(c) Inspection and corrective action report.A written report of each inspection and the corrective actions taken shall
be kept.The report shall include the following minimum information inspector's name, date of inspections,
observations relative to the effectiveness of the BMP's,actions taken or necessary to correct deficiencies, and
listing of areas where land disturbance operations have permanently or temporarily stopped.The report shall be
signed by the inspector and shall be submitted to the department within five(5) business days of the inspection.
See appendix G for the report form to be used.
(d) Record retention.The permittee shall retain copies of this permit,the SWPPP and all amendments for the site
named in the permit, results of any monitoring and analysis, and all site inspection records required by this
permit.The permittee shall retain these records at a site which is readily accessible from the permitted site until
9/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
final stabilization of a site is achieved.The local office of the permittee,their contractor or consultant is
considered to be readily available from the project site if it is located in the same county as the project site.The
records shall be accessible during normal business hours.After final stabilization, the records may be maintained
at the location of the permittee's main office or other designated storage location.The records shall be retained
for a period of at least three(3)years from project completion.
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 this article.
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 of community development.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-111. -Use of streets during grading operations.
The applicant will be required to obtain any and all permits from the appropriate agency responsible for the
maintenance of any public roadway used in conjunction with the proposed grading activities. Copies of the permits must be
provided to the city planner or director of public works, as appropriate,with the permit application.
The following requirements are for streets maintained by the city.
(1) 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 of
public works, 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 of public works with all other
information required of him 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 of public works
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 of public works 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 of public works shall, at least two(2)working days before the commencement of
work and usage of the streets in 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
of equipment use only the route or routes approved by the department of public works. 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 finds the welfare of the city so requires, he may 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 findings, including with his report after termination of the work, his estimate of
the cost of restoring the street, curbs and/or sidewalks to their original condition.
(4) At the time the department of public works approves the route or routes to be used as provided in section 6-
10/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
109,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 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 condition. Failure to
affect the repairs shall be cause for action against the surety.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-112. - Effect of grading on others.
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.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-113. -Construction dirt, debris,waste.
(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 city.
(b) Removing mud from vehicle wheels.The permittee, owners, contractors, and developers,jointly and severally,
shall provide their personnel with shovels, a washdown 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
11/86
2/23/2021 • Maryland Heights,MO Code of Ordinances
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 in accordance with section 14-307 of this
Code.
(Ord. No. 2008-3037, § 1, 2-7-08; Ord. No. 2011-3526, § 1, 6-16-11)
Sec. 6-114. -Spill prevention and control facilities.
(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) Onsite fueling facilities shall adhere to applicable federal and state regulations concerning storage and
dispensers.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-115. - Enforcement.
(a) Department of community development.The department of community development shall have the authority
and responsibility to perform the following functions related to the enforcement of this article:
(1) Receive applications, perform plan review, inspect and issue permits for grading activities relating to BMP's to
be utilized to control erosion and sedimentation from leaving the site during construction and other grading
activities.
(b) Department of public works.The department of public works shall have the authority and responsibility to
perform the following functions related to enforcement of this article.
(1) Receive applications, perform review, inspect and issue permits for grading activities related to the
construction, repair, maintenance or condition of roadways and roadway right-of-ways which are maintained
by the city.
(c) Agency responsibility. Enforcement of this chapter shall be the responsibility of the city or official(s)as
determined by the city.
(d) Responsible parties for enforcement purposes-defined.The party or parties responsible and liable for actions or
nonaction taken in relation to this chapter, including responsibility for abating violations of this chapter, shall be
12/86
2/23/2021 • Maryland Heights, MO Code of Ordinances
the owner, applicant, any coapplicants, permittee, contractor, developer and any other responsible party and
employees thereof.
(e) Complaints.The city shall receive complaints and inquiries and route the complaint/inquiry to the appropriate
responsible enforcement agency.
(f) Notice of violation/stop work order. If a complaint investigation or inspection results in a finding of
noncompliance with this chapter,the appropriate inspector is authorized to use a notice of violation (NOV)that
may, at the discretion of the inspector, include a stop work order(SWO).
(g) Content of NOV.The NOV shall specify the deficiencies,what corrective action is necessary, and a specific
timeframe in which the responsible party is to achieve compliance.
(h) Stop work order. Issuance of a SWO shall result in a suspension of all construction activity on site, except for
work related to remediation of the violation, until the violation is resolved to the city's satisfaction.The SWO 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 building commissioner, upon the
issuance of a SWO, 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. SWO's 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 SWO, except such work related to
remediation of the violation, shall be subject to penalties as specified in section 6-117.
(i) Service of NOV and stop work order.The written NOV, including a SWO as applicable, shall be mailed postage
prepaid,to both the permittee and owner.All SWO's 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 SWO's posted in this manner shall be considered validly delivered.
(j) Issuance of summons to court. It shall be the responsibility of the owner to ensure that no violation of this
chapter occurs on his property. If the responsible party fails to comply with the NOV 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 shall have the option of issuing a summons to court
immediately upon discovery of a violation, in lieu of NOV.
(k) 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.
(I) 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 (k)and deliver the original and one 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
13/86
2/23/2021. Maryland Heights, MO Code of Ordinances
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.
(m) 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.
(n) 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,with 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.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-116.-Transfer of ownership.
Unless a permittee transfers a land disturbance permit as provided herein,that permittee remains bound by the terms
of that permit even after transfer of ownership of land subject to it.A land disturbance permit may be transferred only if all
of the following conditions are met:
(1) The permittee must file a request for transfer with the city planner cosigned by the transferee,which must
include:
a. A legal description of the area to be transferred; and
b. A map or plan showing the area to be transferred.
(2) The city planner must determine from the request and supporting documentation that the area to be
transferred includes substantially all of any drainage basin or basins wholly or partly within the area subject
to the originally issued permit and give permittee and transferee written mail notice of that determination.
(3) The transferee must submit to the city planner:
a. An executed escrow or certified check; and
b. A copy of the MoDNR land disturbance permit ownership transfer documentation per 10 Code of State
Regulations(CSR)CSR 20-6.200 for the same transfer(no city permit may be transferred without this
document).
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-117. - Penalties for violation.
Any person violating any of the provisions hereof shall, upon conviction, be subject to all penalties provided for violation
of city ordinances.
(Ord. No. 2008-3037, § 1, 2-7-08)
Sec. 6-118.-Appendixes.
Appendices A—G are attached hereto and made a part hereof this section.
14/86