Desloge City Zoning Code
ARTICLE XVI
Tree Removal - Grading Regulations
Section 405.189 Procedures.
[R.O. 2001 § 405.189; Ord. No. 2006.19 § 1, 6-12-2006]
A.
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.
1.
Land disturbance or the removal or destruction of five thousand (5,000) square feet of tree canopy coverage or more within a one-year period.
2.
Excavation or fill of more than twenty-five (25) cubic yards for sites of twenty thousand (20,000) square feet or less or more than fifty (50) cubic yards for sites in excess of twenty thousand (20,000) square feet.
B.
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:
1.
Minimum necessary clearing and grading for the foundation or basement of any building, structure or swimming pool for which a building permit has been duly issued; provided, that any prior approved grading or tree preservation plan shall continue to be followed.
2.
Excavation or fill of less than twenty-five (25) cubic yards for sites of twenty thousand (20,000) square feet or less or less than fifty (50) cubic yards for sites in excess of twenty thousand (20,000) square feet provided such grading is clearly incidental to the improvement of the property; provided, that any prior approved grading or tree preservation plan shall continue to be followed.
3.
Grading of land for bona fide 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 or for private road maintenance, removal of brush (brush hogging) and normal lawn maintenance activities.
4.
Grading and clearing activities in public rights-of-way covered by an appropriate right-of-way permit.
5.
Land disturbance solely for residential purposes on any lot containing a single-family residence for which occupancy has commenced and is ongoing, provided appropriate measures are taken to prevent increased site erosion, water runoff, siltation or other damage to neighboring property. Where it is determined that such erosion measures are not being taken, the Building Official may revoke application of this exemption to the subject site.
6.
The removal of diseased or dead trees and trees which have been declared a public nuisance by the Building Official.
C.
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.
D.
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:
1.
Contoured development map showing existing contours at five (5) foot intervals of the site and proposed contours after completion of the proposed grading and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting; the development map shall be prepared and sealed by a licensed professional engineer unless waived by the Building Official;
2.
An accurate plot plan showing the location of the grading and tree removal activity, a description of the type and features of the soil and details of all structures, walls, cribbing and surface protection;
3.
A tree survey and tree preservation plan showing the location, caliper and species of all trees to be removed and those being preserved. The tree survey and tree preservation plan can be on the same plan;
4.
Name and address of owner;
5.
Site address;
6.
Estimated grading quantity;
7.
Details of site drainage system;
8.
Details of site erosion and siltation control, including siltation basins;
9.
Construction access to site;
10.
Location of temporary off-street parking;
11.
The estimated schedule of operations, including the dates of starting and completion of grading work;
12.
Sources of off-site fill material or spoil sites. All information relative to haul routes, trucks and equipment; and
13.
A recent aerial photograph or a detailed topographical map showing tree canopy in the same scale as the site plan.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
Section 405.190 Tree Preservation Requirements.
[R.O. 2001 § 405.190; Ord. No. 2006.19 § 1, 6-12-2006]
A.
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.
B.
To the extent possible, channel development into areas that are already disturbed.
C.
Preserve patches of high quality habitat, as large and circular as possible, feathered at the edges and connected by wildlife corridors.
D.
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.
E.
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.
Section 405.191 Grading Requirements.
[R.O. 2001 § 405.191; Ord. No. 2006.19 § 1, 6-12-2006]
A.
Standards — Safety Precaution. A 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 whenever deemed necessary by the Building Official to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such design to carry surface waters to the nearest practical storm drain or natural watercourse as approved by the Building Official as a suitable place to deposit and receive such waters. Where possible, water shall be dispersed by convex surfaces to dissipate water energy and velocity and disperse volume over a greater surface area before being carried to a storm drain or watercourse.
4.
Protection of streets, property. No excavation shall be made so close to the property line to endanger any adjoining public or private street 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 vegetable matter and deleterious material and shall not contain large rocks or lumps.
B.
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:
1.
No land disturbance shall occur within fifty (50) feet of any creek, stream, water runoff channels, slopes of twenty-five percent (25%) or greater or in other areas determined by the Building Official or his/her designees to be highly sensitive or subject to erosion or flooding, except as necessary for construction pursuant to an approved final site plan, planned zoning development or conditional use permit specifically authorizing the modification of this standard and necessitating exception to this minimum standard. If grading disturbs one (1) acre or greater, a land disturbance permit shall be obtained from the Department of Natural Resources as provided by law.
2.
No land disturbance shall occur on terrain that does not satisfy the minimum standards for excavation or fill, except as necessary for construction pursuant to an approved final site plan, planned zoning development or conditional use permit specifically authorizing the modification of this standard and necessitating exception to this minimum standard.
3.
No land disturbance shall occur which shall cause a nuisance to any adjoining property owner or which shall violate any Federal, State or local law or regulation. The Building Official, in conjunction with the public works officials, shall establish regulations for the granting of permits so as to enforce this Chapter and ensure that any grading is completed with minimum erosion or other negative impact on the site or surrounding areas or the community.
C.
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.
D.
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:
1.
Unique or unusual characteristic(s) of the site, not generally applicable, that eliminate the need for full application of the standard; or
2.
The precise mitigation proposed that would fully rectify the harms addressed by the minimum standard to be modified.
The Building Official may make such modification upon a determination that such facts exist qualifying for such modification; provided that no modification shall be permitted that shall circumvent any other applicable regulation or the intent of these minimum standards to eliminate the detrimental impact of grading addressed by each such standard. |
E.
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:
1.
Areas to be graded by cutting or filling shall be rough graded to within two-tenths (0.2) of a foot of accepted elevation after allowance has been made for thickness of topsoil, paved areas and other installations.
2.
Grading of slopes will require silt fencing at intermediate levels to slow surface water, prevent rutting and decrease erosion.
3.
Grading sites will require silting basins to prevent mud from washing onto adjacent properties.
4.
Frozen materials or soft, mucky, friable, easily compressible materials shall not be incorporated in fills intended to support buildings, structures, sewers or conduits or in the embanked ends of fills. In heavy rain, interrupted work shall not be resumed until moisture content is satisfactory. Fill material shall not be placed, spread or rolled while the ground is frozen or thawing.
5.
The maximum uncompacted thickness of layers of the fill to be compacted shall not exceed eight (8) inches, unless otherwise approved.
6.
Compaction shall be by tamping, foot rollers, multiple wheel pneumatic or other type rollers. Rolling shall be continuous until the desired maximum density is obtained.
7.
Topsoil disturbed by grading or building operations shall be stripped and piled for storage in an amount necessary to complete finished grading only.
F.
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:
1.
Paved areas. Two (2) feet below subgrade.
2.
Lawn areas. Two (2) feet below finished grade.
3.
Solid rock, shale or similar materials shall be removed to a depth of fifteen (15) inches below subgrade for paved area and two (2) feet below finish grade for lawn area except where it is impractical because of rock outcropping.
G.
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.
H.
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.
I.
Condition Of Streets.
1.
Photographs. It shall be the duty of the Building Official, immediately prior to the time of designating the route or routes or alternate route or routes as provided herein, to examine the condition of the streets to be used and to take photographs of the streets, showing the condition of the pavement, curbs, sidewalks and other physical features, which shall be dated and a memorandum made of the location shown by each photograph. Within five (5) days after termination of the use of the streets as herein provided, it shall be the duty of the Building Official to have additional photographs made and proper descriptive matter included therewith.
2.
Inspection. In addition to the taking of photographs before and after construction, the Building Official 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 to its original condition as well as any curbs or sidewalks.
J.
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.
Section 405.192 Construction Dirt, Debris And Noise.
[R.O. 2001 § 405.192; Ord. No. 2006.19 § 1, 6-12-2006]
A.
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.
B.
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.
C.
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.
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 contractor or the Building Official may cause to have them repaired at the contractor's expense.
E.
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.
F.
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.
G.
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.
H.
Noise. The permittee shall take appropriate measures to reduce noise to the fullest extent practical in the performance of the grading work.
Section 405.193 Correction Of Deficiencies.
[R.O. 2001 § 405.193; Ord. No. 2006.19 § 1, 6-12-2006]
A.
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.
B.
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.
C.
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.
Section 405.194 Definitions.
[R.O. 2001 § 405.194; Ord. No. 2006.19 § 1, 6-12-2006]
For the purposes of this Section, the following terms, phrases, words and their derivations shall have the meanings given herein:
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.
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.
The excavation, fill or land disturbance or any combination thereof and shall include the conditions resulting from any excavation, fill or land disturbance.
Any removal or destruction of trees, ground cover or other vegetation by means of heavy mechanized equipment [including all equipment weighing in excess of one thousand eight hundred (1,800) pounds] or by any means affecting an area of five thousand (5,000) square feet or more in a period of one (1) year or less.
Any single or contiguous lots, tracts, projects or subdivisions of land owned by a single person or by several persons acting jointly.