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Home My Public Portal AboutCity of Woodson TerraceCONTRACTUAL AGREEMENT FOR ENFORCEMENT OF LAND DISTURBANCE CODE This contractual agreement made and entered into this itkir / ; ecil-by and between the St. Louis County, Missouri government hereinafter referred to as "COUNTY", and the City of Woodson Terrace, Missouri hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, Article II, Section 2.180 (20) of the 1979 Charter of the COUNTY authorized the COUNTY to contract with MUNICIPALITY for a common service; and WHEREAS, the provisions of Section 70.210 to 70.320 inclusive, of the Revised Statues of the State of Missouri 1978, as amended, empower municipalities and other political subdivisions to contract and cooperate with each other for a common services; and WHEREAS, TITLE XI, CHAPTER 1114 LAND DISTURBANCE CODE, Section 101.6 SERVICE TO MUNICIPALITIES of St. Louis County Revised Ordinances (SLCRO) 1974, as approved by COUNTY ordinance 21,578 on October 13, 2003, authorizes COUNTY to contract with MUNICIPALITY for enforcement of MUNICIPALITY'S Land Disturbance Code; and WHEREAS, MUNICIPALITY has duly enacted Ordinance Number 1615 said ordinance, a copy of which is attached hereto and made a part hereof, for the adoption of a Land Disturbance Code being identical in substance with COUNTY'S Land Disturbance Code, as adopted by COUNTY ordinance 21,578; and WHEREAS, MUNICIPALITY has duly enacted Ordinance Number / c/« a copy of which is attached hereto and made a part hereof, authorizing the execution of this contractual agreement on behalf of MUNICIPALITY. WHEREAS, MUNICIPALITY has duly enacted Ordinance Number 1821 said ordinance, a copy of which is attached hereto and made a part hereof, for the adoption of a Building Code being identical in substance with COUNTY'S Building Code, as adopted by COUNTY through last amendatory ordinance 20,311, with said COUNTY ordinance being approved December 21, 2000; and WHEREAS, MUNICIPALITY has duly enacted Ordinance Number1552 said ordinance, a copy of which is attached hereto and made a part hereof, for the adoption of an Explosives Code being identical in substance with COUNTY'S Explosives Code, as adopted by COUNTY through last amendatory ordinance 18,693, with said COUNTY ordinance being approved November 12, 1997; and WHEREAS, MUNICIPALITY and COUNTY entered into a contractual agreement approved by MUNICIPALITY on March 14, 2006 and accepted by COUNTY on April 4, 2006 for and in consideration of the mutual promises, covenants, and obligations stated with said written contractual agreement, a copy of which is attached hereto and made a part hereof, whereby the citizens of the City of Woodson Terrace Missouri, through their elected MUNICIPAL officials, have entrusted COUNTY with the responsibility of enforcing the Building and Explosives Codes that are adopted by MUNICIPALITY 1 NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and obligations hereinafter stated, the COUNTY and MUNICIPALITY mutually agree as follows, to -wit: ARTICLE I SCOPE OF SERVICES 1.1 SCOPE OF SERVICES. 1.1.1 COUNTY Authority and Responsibilities: COUNTY shall provide MUNICIPALITY code enforcement services in the manner proscribed in the applicable provision of MUNICIPALITY'S Land Disturbance Code for: MAJOR LAND DISTURBANCES (COUNTY RESPONSIBILITIES) (1) Review plans for Major Land Disturbance Activities, including Best Management Practices (BMP) plans submitted by a permit applicant for the control of erosion, and sedimentation during permitted construction and other Major Land Disturbance activities; and (2) Issue permits for Major Land Disturbance Activities. COUNTY shall not issue any permit for Major Land Disturbance Activities until COUNTY receives confirmation that the proposed activity complies with MUNICIPALITY zoning and roadway requirements. (3) Inspect Major Land Disturbance activities; including activities within or abutting areas designated one -hundred (100) year flood plain for compliance with the MUNICIPALITY approved plans; and (4) Collect and retain appropriate fees from permit applicants for plan review and inspection activities performed by COUNTY (5) Provide inspection reports to MUNICIPALITY to assist MUNICIPALITY in their determination for the release of site development Escrows. ORDINARY LAND DISTURBANCES (COUNTY RESPONSIBILITIES) (1) Review and approve applications and plans for Ordinary Land Disturbance activities, including Best Management Practices (BMP) plans submitted by a permit applicant for the control of erosion and sedimentation during permitted construction and other Ordinary Land Disturbance activities; and (2) Issue permits for Ordinary Land Disturbance activities; and (3) Inspect Ordinary Land Disturbance activities; including activities within or abutting areas designated one -hundred (100) year flood plain for compliance with the MUNICIPALITY approved plans; and (4) Collect and retain appropriate fees from permit applicants for plan review and inspection activities performed by COUNTY (5) Provide inspection reports to MUNICIPALITY 1.1.2 MUNICIPALITY Authority and Responsibilities. — MUNICIPALITY shall retain authority and responsibility for code enforcement services in the manner proscribed in the applicable provision of MUNICIPALITY'S Land Disturbance Code for: MAJOR LAND DISTURBANCES (MUNICIPALITIES RESPONSIBILITIES) (1) Receive applications for Major Land Disturbance permits and forward them to the COUNTY for processing and issuance of permits; and 2 (2) Review and approve application and plan details related to the construction, repair, alteration, maintenance or condition of roadways and roadway right-of-ways that are maintained by the MUNICIPALITY; and (3) Review and approve application and plan details related to Major Land Disturbance activities within or abutting areas designated one hundred (100) year flood plain; and (4) Review and approval application and plan details for compliance with Zoning codes and ordinances of the MUNICIPALITY; and (5) Advise permit applicants of their responsibility to cooperate with, and comply with, the requirements of the COUNTY Department of Highways and Traffic, the Missouri Department of Transportation (MODOT) the Metropolitan St. Louis Sewer District (MSD) and the Department of Natural Resources (DNR) when the proposed Land Disturbance Activity impacts the facilities of said principals; and (6) Administer determination, collection and release of site development escrows required by the Land Disturbance Code adopted by MUNICIPALITY; and (7) MUNICIPALITY shall advise COUNTY when proposed Major Land Disturbance activities are in compliance with MUNICIPALITY Zoning codes, roadway requirements and other laws and regulations of the MUNICIPALITY. ORDINARY LAND DISTURBANCES (MUNICIPALITIES RESPONSIBILITIES) (1) Receive applications for Ordinary Land Disturbance permits and forward them to the COUNTY for processing and issuance of permits; and (2) Review and approval of plan details related to the construction, repair, alteration, maintenance or condition of roadways and roadway right-of-ways that are maintained by the MUNICIPALITY; and (3) Review and approve plan details related to Ordinary Land Disturbance activities within or abutting areas designated one hundred (100) year flood plain; and (4) Advise COUNTY when the proposed Ordinary Land Disturbance activities meet the Zoning roadway requirements and other laws and regulations of the MUNICIPALITY. ARTICLE II TERM OF AGREEMENT 2.1 TERM OF AGREEMENT. This contractual agreement shall commence on «\O1 1 2-0V!7 and shall continue in effect from year to year unless terminated as provided in ARTICLE IX herein. ARTICLE III PERMITS, INSPECTIONS, LICENSING AND APPROVAL OF PLANS 3.1 PERMITS. COUNTY through its Department of Public Works shall issue all permits required by the Land Disturbance Code as set forth in Paragraph 1.1.1 herein. 3.2 INSPECTIONS. COUNTY through its Department of Public Works shall execute all inspections required by the Land Disturbance Code as set forth in Paragraph 1.1.1 herein. 3.3 LICENSING. COUNTY through its Department of Public Works shall license all persons as required by the Land Disturbance Code or other construction codes adopted by COUNTY. 3 3.4 APPROVAL OF PLANS. COUNTY through its Department of Public Works shall examine all applications and plans for Land Disturbance Activities to determine their compliance with the Land Disturbance Code as set forth in Paragraph 1.1.1 herein. ARTICLE IV RESTRICTIVE PROVISIONS 4.1 RESTRICTIVE PROVISIONS. If MUNICIPALITY has adopted provisions applicable to the services as set forth in Paragraph 1.1.1 herein said provisions being more restrictive than those contained in COUNTY'S Land Disturbance Code MUNICIPALITY shall approve all plans, prior to submission to COUNTY'S Department of Public Works for issuance of permits. ARTICLE V REGULATORY ORDINANCES 5.1 REGULATORY ORDINANCES. MUNICIPALITY shall review and approve all plans for compliance with MUNICIPAL Land Disturbance Code, other rules, regulations, ordinances, codes or laws of MUNICIPALITY and other applicable regulations identified in Paragraph 1.1.2 herein prior to the submission of an application for a Land Disturbance permit to COUNTY'S Department of Public Works. ARTICLE VI ENFORCEMENT OF MUNICIPAL ORDINANCES 6.1 ENFORCEMENT. COUNTY shall not take any action, either at law or in equity, to enforce the provisions of MUNICIPALITY'S ordinance for the adoption of MUNICIPALITY'S Land Disturbance Code, as the same shall apply hereto. COUNTY shall notify MUNICIPALITY of any known violations of MUNICIPALITY'S ordinance. ARTICLE VII FEES 7.1 FEE COLLECTION. All fees including, but not limited to "No Permit" penalties and administrative penalties, paid to COUNTY in accordance with COUNTY Land Disturbance Ordinance and shall be collected and retained by St. Louis COUNTY as payment for services rendered pursuant to this contractual agreement. MUNICIPALITY shall collect and retain all fines and costs arising from MUNICIPALITY'S prosecution of code violations. ARTICLE VIII AMENDMENTS TO COUNTY CODE 8.1 AMENDMENTS. In the event COUNTY shall add to, delete or amend sections of the Land Disturbance Code, as set forth in Paragraph 1.1 herein, MUNICIPALITY shall amend its ordinance to make it identical in substance to COUNTY'S amended code. COUNTY shall supply MUNICIPALITY with a copy of its proposed amendment prior to its effective date and MUNICIPALITY shall amend its ordinance within Ninety (90) days of the effective date of said COUNTY amendment. In the event COUNTY shall fail to provide a copy of its 4 proposed amendment as provided above, MUNICIPALITY shall have Ninety (90) days to amend its ordinance after receipt of COUNTY'S amendments. 8.2 ORDINANCE COPIES. MUNICIPALITY shall supply COUNTY with at least two (2) copies of all MUNICIPALITY ordinances to amend the Land Disturbance Code within five (5) days of said amendment's effective dates. All ordinances must be marked with original signatures of the chief elected official of the MUNICIPALITY, an original signature of the attesting Clerk of the MUNICIPALITY and an embossed MUNICIPALITY seal. ARTICLE IX TERMINATION 9.1 FAILURE TO AMEND. In the event MUNICIPALITY shall fail to amend its ordinance as required by Paragraph 8.1 herein this contractual agreement shall be terminated. 9.2 TERMINATION FOR CONVENIENCE. Either COUNTY or MUNICIPALITY may terminate this contractual agreement at any time by giving Ninety (90) days prior written notice to the other party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year as written below. MUNICIPAL APPROVAL CITY OF WOODSON TERRACE, MISSOURI Approved: 411441,<Aaie Date approved: Y - /f zeV 7 Embossed municipal seal : 5 ST. LOUIS COUNTY, MISSOURI ACCEPTANCE IN WITNESS WHEREOF, the partie�j hereto have affixed their hands and seals this day of A4 a,Vd \ , 2007. ST. LOUIS COUNTY, MISSOURI (SEAL) ATTEST: APPROVED: ative Director of t County Council t. Louis County Department of By 6-74eatt, County Executive Public Works APPROVED AS TO LEGAL FORM: P6vt4P5C— County Cou 3 - � - 07 Accounting Officer 6