Desloge City Zoning Code

When Required. The following activities shall not hereafter occur on any site without obtaining a permit from the Building Official in accordance with this Chapter.

Exceptions. Except for any grading or clearing in anticipation of or in preparation for construction of buildings or any construction or development that would require rezoning, site plan approval or amendment or subdivision of the land, a grading permit shall not be required in the following instances:

Consistency With Approval Plan Or Plat. The removal of trees or grading in preparation for any development requiring a rezoning, conditional use permit, site plan or subdivision of land shall be consistent with and shall not be approved until such subdivision preliminary plat has been approved or, where no subdivision is required or contemplated for the development, upon approval of the rezoning, conditional use permit or site plan. An application for a tree removal or grading permit shall be in writing on forms provided by the Building Official and filed with the official.

Application Requirements. A tree removal-grading permit may be obtained by the Building Official or his authorized designee. Unless waived by the Building Official, the application shall be accompanied by duplicate copies of the following documents and information:

Fee Required. An applicant shall pay a permit fee with the application in such amount as established by the Board of Aldermen to defray the costs of inspections, plan reviews and other administrative costs of issuing permits under this Chapter.

Mandatory Pre-Issuance Meeting. Prior to the issuance of a grading permit, the applicant and person supervising the actual grading shall meet with the Building Official or his designee to discuss the requirements of the grading plan, grading permit and the methods to be utilized for erosion control.

Review And Approval. All tree removal-grading permit requests shall be reviewed and approved by the Building Official. The Building Official may refer the item to the Planning and Zoning Commission for final approval.

Appeals. In the event the Building Official or Planning and Zoning Commission deny a tree removal-grading permit application, the applicant may appeal such decisions to the Board of Adjustment.

Verification Of Compliance. Upon completion of tree removal and grading, the permittee shall submit to the Building Official verification that clearing and grading was performed as specified in the application and requirements approved by the tree removal-grading permit.

For sites that require a tree removal-grading permit, no more than fifty percent (50%) of all deciduous shade trees having a caliper of eight (8) inches DBH or thirty percent (30%) of all evergreen trees having a caliber of six (6) inches DBH shall be cleared. All remaining trees shall be protected from construction activities and maintained as woodlands. The Board of Aldermen may authorize alternative tree preservation plans where circumstances justify alternative compliance or where tree preservation requirements herein would present a hardship.

To the extent possible, channel development into areas that are already disturbed.

Preserve patches of high quality habitat, as large and circular as possible, feathered at the edges and connected by wildlife corridors.

For sites that require tree preservation, the developer shall post a surety or cash escrow for the benefit of the City to account for trees that die or are damaged beyond repair as a result of grading or construction damage within a two-year period after the issuance of final occupancy permits. The amount of the surety required shall be in the amount of one thousand dollars ($1,000.00) for each acre of the tree preservation area or ten thousand dollars ($10,000.00), whichever is greater.

Prior to issuing any occupancy permits, should any reserved tree die or become damaged as a result of grading or construction, it shall be the developer's responsibility to replace said trees. In the event the trees are not replaced, the City shall be entitled to proceed against the surety, letter of credit or cash escrow. The value of the trees will be determined using the International Society of Arboriculture's methodology of tree appraisal which is available at www.isa-arbor.com. The City may withhold any occupancy permit until the site is brought into compliance with this Section.

Within two (2) years after the occupancy permit is issued, the developer shall replace any protected trees that die or are damaged beyond repair as a result of grading or construction damage as determined by the administrative officer. The number of replacement trees is determined by matching the combined caliper of trees to be planted with the diameter (DBH) of trees that were lost. Failure to plant successfully shall constitute default and the City shall be entitled to proceed against the surety, letter of credit or cash escrow.

Standards — Safety Precaution. A permit shall be issued and shall remain in force only upon compliance with the following requirements:

Minimum Standards — Land Disturbance. Unless modified as may be permitted pursuant to Subsection (D) or by provisions of Subsection (B)(2) hereof, minimum standards for land disturbance shall be as follows:

Minimum Standards — All Grading. All grading shall comply with the restrictions and prohibitions set forth in the Subdivision Code, all requirements of the Zoning Code and other Federal, State and local regulations pertaining to the site development. No grading or occupancy permit shall be issued on any site where there is an existing uncured violation of any provision of the zoning, subdivision or other development regulations of the City of Desloge.

Modifications. Any party seeking a permit may request a modification of any of the minimum standards set forth in Subsections (B) or (C) hereof by filing a written request with the Building Official specifically identifying:

Compaction. All fills intended to support buildings or structures, sewers and conduits shall be compacted to a minimum of ninety percent (90%) compaction as determined by Modified Proctor, ASTM D-1775. Compaction of fills for these uses must be certified by a registered professional engineer at the owner's expense. Frequency of compaction tests is to be determined by the Building Official. 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. The requirements of the Building Official for the compaction of fills shall include, but shall not be limited to, the following:

Removal Of Timber, Rubbish, Etc. Excluding trees that are required to be preserved, all other timber, logs, trees, brush, vegetable matters and rubbish shall be removed and disposed of so as to leave the disturbed area with a neat and finished appearance. Tree stumps, masonry and other obstructions shall be removed to the following depths:

Inspections. Inspections may be made by the Building Official during each stage of fill operations and final approval shall be required upon completion of operations. Applicant shall notify the City upon commencement of the following when and as completed: rough grading; finish grading before seeding; and all re-establishment and construction work.

Use Of Streets During Grading. As part of the permit application, but at least two (2) working days prior to the use of any street in the City by trucks or hauling or grading equipment engaged in grading operations in the City that requires the use of the streets of the City, the contractor in charge shall make a written report to the Building Official 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 and the routes proposed. Before construction actually commences or while the work on the streets is in progress, the Building Official may require any contractor or subcontractor to post surety bond or insurance with the City to guarantee the City for compensation for any damage to streets, curbs, sidewalks, trees, landscaping or other public facilities. The contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes designated by the Building Official.

Condition Of Streets.

Damage To Streets, Etc. As a condition of use of the streets, the permittee shall be liable to the City 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 contractor 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 termination of the contractor's usage of said route or routes under the grading permit, the contractor shall pay to the City an amount sufficient to reimburse the City for the expense of restoring the streets, sidewalks and curbs to their original condition.

Barriers At Construction Site. After new 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 owner of the property or the contractor or builder in charge of work shall erect and maintain temporary walls or other approved barriers to prevent such washing or spreading of mud or dirt. At the end of each day and as 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.

Removing Mud From Vehicle Wheels. The owners, contractors, subcontractors and builders, jointly and severally, shall provide his/her personnel with shovels or other equipment as necessary to remove dirt from the wheels of all vehicles leaving any 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 any owner, contractor or subcontractor or builder to permit any vehicles 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.

Spilling Materials On Streets. The owners, contractors, subcontractors and builders, 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 such person to permit any vehicle to enter upon the streets of the City loaded 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.

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 contractor or the Building Official may cause to have them repaired at the contractor's expense.

Waste Material. During the course of construction or excavation, owners, contractors and builders are required to clean up all paper, refuse, sticks, lumber and other building waste and all other waste material daily and to prevent the same from blowing or otherwise being scattered over adjacent public or private property.

Planting Ground. Vacant property and improved property, immediately after grading and construction is completed, shall be sodded, planted, concreted, paved or otherwise surfaced to avoid washing or spreading of dirt and mud onto other property, sidewalks, curbs, gutters, streets and the space between sidewalks and curbs prior to issuing an occupancy permit.

Grading. Grading, including operation or idling of equipment, shall be accomplished only between the hours of 7:00 A.M. and sunset on weekdays and 8:00 A.M. and sunset on Saturdays and Sundays, unless in the case of emergency or a limited extension of hours is specifically granted by the Building Official for cause.

Noise. The permittee shall take appropriate measures to reduce noise to the fullest extent practical in the performance of the grading work.

All violations shall be corrected within the time limit specified in the issuance of a written notice to correct. Action to correct violations which require immediate action shall be taken upon notification to the contractor by the City. All persons failing to comply with oral or written notice shall be deemed in violation of this Chapter. If the action is not taken within the time period specified by the notice and in addition to any other remedy available, the Building Official may have the violation, including, but not limited to, the existence of mud or debris on the public right-of-way, immediately remedied and the City costs shall be reimbursed by the permittee through the surety or otherwise.

Any usage of the permittee's surety shall be followed by a written explanation by the Building Official or his/her designee describing the condition corrected and the funds required to complete the corrective action.

Nothing in this Section shall prevent prosecution of violations of this Chapter in the absence of or in addition to the issuance of a notice of violation.

Violation of any provision of this Chapter shall be an ordinance violation punishable as set forth in Chapter 100, Article III, of this Code.