Lake Winnebago City Zoning Code

Statutory authorization. The legislature of the State of Missouri has in Chapter 89 (Section 89.020), RSMo., delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the public health, safety and general welfare. Therefore, the Board of Aldermen of the City of Lake Winnebago, Cass County, Missouri, ordains flood regulations as set out herein.

Statement of purpose. It is the purpose of this Section to promote the public health, safety and general welfare; to minimize those losses described in Section 400.840(A)(2); to establish or maintain the City's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Section to:

Lands to which this Section applies. This Section shall apply to all areas within the jurisdiction of the City of Lake Winnebago, Missouri identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) for Cass County, Missouri, on map panel numbers 29037C0034F, 29037C0055F and 29037C0065F dated January 2, 2013, as amended, and any future revisions thereto. In all areas covered by this Section, no development shall be permitted except through the issuance of a floodplain development permit granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City and as specifically noted in Section 400.840(D) "Provisions for Flood Hazard Reduction".

Floodplain Administrator. The Zoning Administrator is hereby designated as the Floodplain Administrator under this Section.

Compliance. No development located within the special flood hazard areas of this City shall be located, extended, converted or structurally altered without full compliance with the terms of this Section and other applicable regulations.

Abrogation and greater restrictions. It is not intended by this Section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. All other ordinances inconsistent with this Section are hereby repealed to the extent of the inconsistency only.

Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

Warning and disclaimer of liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the floodplain or land uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the City of Lake Winnebago or by any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.

Severability. If any Section, clause, provision or portion of this Section is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Section shall not be affected thereby.

Floodplain development permit (required). A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 400.840(B)(1) "Lands To Which This Section Applies". No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

Designation of Floodplain Administrator. The Zoning Administrator is hereby appointed to administer and implement the provisions of this Section.

Duties and responsibilities of the Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:

Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

Specific standards. In all areas identified as numbered and unnumbered A Zones, AE and AH Zones where base flood elevation data has been provided as set forth in Section 400.840(D)(1)(b), the following provisions are required:

Areas of shallow flooding (AO and AH Zones). Located within the areas of special flood hazard as described in Section 400.840(B)(1) "Lands To Which This Section Applies" are areas designated as AO Zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

Floodway (as determined from data available from other sources). If the City determines there are areas of special flood hazard that may be defined as floodway through the use of base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 400.840(D)(1)(d)(6)(d) and determines this data is suitable as criteria for requiring that new construction, substantial improvements or other development in Zone A meet the requirements of this Section, the City must meet the standards below:

Recreational vehicles. Recreational vehicles placed on sites within all numbered and unnumbered A Zones, AO and AE and AH Zones on the City's FIRM shall either:

Adoption. The Kansas City Metro American Public Works Association's Erosion and Sediment Control Manual (the "Erosion and Sediment Control Manual") is hereby enacted and made a part of this Chapter by reference except as to portions hereinafter specifically deleted, clarified or amended.

Adopted standards. The term "adopted standards" shall include the Erosion and Sediment Control Manual.

Conflicts. If any conflict should exist between the Erosion and Sediment Control Manual and the City Municipal Code, the provisions of the Code shall control.

All applications for a land disturbance permit shall include such escrow, bond, insurance, affidavits, easements, etc., as described below and as required for particular sites. The applicant shall deposit with the City a sum equal to that which is required for assurance of the completion of said project. The Zoning Administrator or their designees may adopt procedures, fees and schedules relating to the payment and release of such bonds. Said escrow funds shall guarantee the restoration, maintenance and/or rehabilitation of said site if the project does not proceed in accordance with the plans as approved by the City. Said escrow can be approved by the Zoning Administrator or their designees and the City Attorney and drawn upon by order of the Zoning Administrator or their designees if the requirements of the permit or of this Section are not satisfied. In drawing upon such funds, the Zoning Administrator may use such funds to restore the site to a stable or finished condition or to otherwise remedy any violations, including any costs of inspections and enforcement.

In lieu of cash escrow, a bond or surety equal to the amount which is required for completion of the grading, but in no instance less than one thousand dollars ($1,000.00), may be provided for each grading site, subject to all the terms and conditions of this Chapter and to the approval of the City Attorney. The amount of the bond escrow or indemnity shall partially be based on the City's previous experience with the owner, contractor or builders.

Any portion of the deposit not expended or retained by the City hereunder shall be refunded when the disturbance is completed and soil conditions are stabilized to the satisfaction of the City.

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.

Retaining walls — cribbing. Retaining walls or cribbing shall be required whenever deemed necessary by the Department of Public Works to prevent the surface of any excavation or fill from exceeding at any point the maximum allowable slopes as set forth herein.

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 Department of Public Works 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.

Protection of streets and 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.

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.

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. Materials for roadways are not covered by this Section as per exceptions in Section 400.260(2) "Exemptions".

Minimum standards. Minimum standards of excavations and fills shall be as follows:

Minimum standards — land disturbance. Unless modified as may be permitted in this Subsection or by provisions of Subsection below, minimum standards for land disturbance shall be as follows:

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 Department of Public Works. 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 Department of Public Works for the compaction of fills shall include, but shall not be limited to, the following:

Removal of timber, rubbish, etc. Timber, logs, trees, brush, vegetable matters and rubbish of any description 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:

Paved areas — Two (2) feet below subgrade.

Lawn areas — Two (2) feet below finished grade.

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.

Notice. At least five (5) working days prior to the use of any street in the City by trucks or hauling or grading equipment engaged in grading operations in the City which requires the use of the streets of the City, the contractor in charge shall make a written report to the Department of Public Works 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 the City. The contractor shall furnish the Department of Public Works with all other information required to estimate or determine the amount of wear and tear or damage, if any, that may be caused to streets by such usage. Before construction actually commences or while the work on the streets is in progress, the Department of Public Works 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.

Routes. The Department of Public Works shall, at least two (2) working days before the commencement of work and usage of the streets of the City, notify the contractor of the route or routes to be used by such trucks and equipment. The contractor shall be charged with the duty of seeing that the trucks or equipment use only the route or routes designated by the Department of Public Works. In the event of any emergency requiring a change in route or routes or if the Department 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 they find the welfare of the City so requires, they may, upon one (1) day's notice to the contractor in writing, designate an alternate route or routes and it shall thereupon be the duty of the contractor to see that the trucks or equipment use only the alternate route or routes so designated by the Department of Public Works.

Photographs. It shall be the duty of the Department of Public Works, 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, the Department of Public Works shall have additional photographs made and proper descriptive matter included therewith.

Inspection. In addition to the taking of photographs before and after construction, the Department 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 their findings, including with their report after termination of the work, their estimate of the cost of restoring the street to its original condition as well as any curbs or sidewalks.

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 their 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 in which the mud is not removed 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 Department of Public Works 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, 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 an emergency or a limited extension of hours is specifically granted by the Department of Public Works.

Noise. The applicant 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 verbal notification of the contractor by the City. All persons failing to comply with such notice shall be deemed in violation of this Chapter.

Any usage of the applicant's surety shall be followed by a written explanation by the Zoning Administrator or their designees 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.

Permit required. No person shall make or cause to be made any excavation in any public place, street, roadway, parkway, walkway, alley, right-of-way or easement ("public area") without first obtaining a permit from the Department of Public Works except in case of public work done by the employees of the City or by any contractor under contract with the City. Each separate and distinct excavation shall require a separate permit. This Subsection shall apply to all persons and to all private, public and municipal corporations.

Emergency work. In cases where public health or safety is in danger or whatever excavations must be made on an emergency basis to eliminate hazards to persons or to prevent interruptions in the utility services or to restore such services after an interruption has developed and the City is not open, the provisions of this Subsection relating to issuances of a permit prior to excavation shall not apply. In such case the person making the excavation shall notify the Police Department of the City that the emergency work is being commenced and the location thereof and the work may precede immediately. Final surfacing or temporary patches by the contractor shall not be placed until such time as the City has inspected and approved the backfill and issued a permit therefore. Application for a permit shall be made on the first (1st) day the City Public Works Office is open after the emergency work is commenced.

Application and permit fee. Application for a permit as required above shall be made on a form provided by the City, which application shall contain information regarding the purpose, location and the size of the proposed excavation and the approximate time work thereon will be commenced and shall state the length of time applicant estimates will elapse from the commencement of the work until complete restoration of the surface. Each excavation shall require a separate permit. The fee for each permit shall be as stated in Section 400.1050 "Schedule Of Fees".

Posting insurance. Before any permit is issued, the applicant shall furnish proof of adequate insurance and protection to the City against all claims for damages arising from the prosecution of the work as provided in Subsection (I)(5) of this Section.

Deposit. The application for a permit shall, in lieu of or in conjunction with the surety required by Subsection (B) of this Section, include a cash deposit to insure the applicant will backfill the excavation, repair the pavement and restore the site in compliance with this Section.

Liability insurance or bond. Every applicant for an excavation permit shall register with the City proof that the applicant is maintaining liability insurance in the sum of one hundred thousand dollars ($100,000.00) for bodily injury to each person, three hundred thousand dollars ($300,000.00) for bodily injury to all persons in one (1) occurrence arising out of or on account of excavation work on account of or in consequence of any neglect in safeguarding the work. Such insured shall be carried in a firm or corporation which has been licensed or permitted to carry on such business in the State and shall be kept and maintained continuously in force and effect so long as the excavation work shall be in process. A verified copy of the insurance policy shall be filed with the City with the certificate of the insurer that the policy is in full force and effect and that such insurance will not be altered, amended, terminated or ended without notice having been given to the City. In lieu of the insurance as herein provided, the applicant may deposit a corporate or other surety bond in the penal sum of one hundred thousand dollars ($100,000.00) conditioned that they will pay any judgment recovered by any person injured or any property damage incurred on account of the excavation work or on account of or in consequence of any neglect in safeguarding the work. In the event the insurance policy provided for herein lapses and is not immediately renewed or any bond terminates in any manner whatsoever and a substitute in lieu thereof is not deposited, the permit for such excavation shall be revoked immediately.

All work shall be guaranteed from defects for a period of one (1) year after the inspection.

Inspection of backfill material and pavement replacement. Backfill material must be approved by a City Inspector. In the event backfill material is not approved by the City, all such backfill must be removed and replaced under a City Inspector's supervision. Pavement shall be replaced only upon inspection by the City.

Interference with traffic and driveways — restoration of surfaces. All excavations regulated by this Section shall be made in such manner as not to inconvenience or interfere with the public use or travel upon the streets, sidewalks or other public places when possible. When such use is unavoidably obstructed, the person making such excavation shall exercise all reasonable dispatch in prosecuting the work so that the public use will not be obstructed beyond a reasonable time. All sidewalks, crosswalks, curbs, gutters, streets or public places disturbed, interfered with or injured in making such excavation shall be restored, replaced and repaired to as good condition as they were before such excavation was made.

Barricades, signs, lights and warning signals. Every person who shall make or cause to be made any excavation in or adjoining on a public street, highway or public place shall provide, erect and maintain at all times along the line of work all such barricades, signs, lights and warning signals as may be necessary to advise, warn and protect the public from the hazards arising from the operation. All traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Protection of public as to excavations near public ways. No person shall make, cause or permit any opening near any public street, highway, alley or other public place to be left open and unguarded so as to be dangerous to persons passing along said street, highway, alley or other public place.

Inspections. Inspection fees for each inspection performed shall be in accordance with Section 400.1050 "Schedule Of Fees". A minimum of one (1) inspection shall be required for each permit.