A land disturbance permit is required for any entity, including all public or private entities, that intends to cause or causes a condition that allows for erosion including, but not limited to, stripping vegetation, clearing and grubbing land or creating any type of land disturbance. The contractor, permittee or owner that intends to cause or causes a condition that allows for erosion must apply for a land disturbance permit. A land disturbance permit may only be issued by the City after a preliminary plat or site plan has been approved by the Planning and Zoning Commission and, when required, a land disturbance permit has been issued by the Missouri Department of Natural Resources.

All applications for a land disturbance permit must be submitted to the Director of Public Works. Applications for a land disturbance permit must be accompanied by an erosion control plan, a preliminary grading plan, and other information required by the permit application. Where practical, drawings may be combined to contain all the required plans.

A permit fee approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the City Clerk’s office must be submitted with the land disturbance permit application.

The following exceptions do not require a land disturbance permit:

Nothing in this section may be deemed to supersede permitting requirements imposed by any law, rule or regulation of other Federal, State or local agencies or of the City. In the event of conflict between these requirements and any other such law, rule or regulation, the more restrictive laws, rules or regulations apply.

Existing and proposed contours of the entire site taken at two-foot intervals to define existing and proposed topography of the entire site. The maximum allowable slope is one (1) foot of vertical rise for three (3) feet of horizontal run (3:1).

Contour lines that extend a minimum of one hundred (100) feet off site or sufficient to show on-and off-site drainage.

Property lines shown in true location with respect to the plan’s topographic information.

Location and graphic representation of all existing and proposed natural and manmade drainage facilities including both piped and overland facilities. Overland swales must have a minimum grade of two percent (2%).

Name(s), address(es) and telephone number(s) of the person(s) responsible for the preparation of the site plan and grading plan.

Location of final surface runoff, erosion and sediment control measures.

Location and elevation of any building or structure located within fifty (50) feet of the property boundaries.

Other information required by the Director of Public Works or their designee.

Show any significant natural resources as identified in the Growth Management Plan.

Demonstrate compliance with any natural feature preservation requirements of the Growth Management Plan.

Erosion and sediment control must be an integral component of any construction project. Erosion and sediment control devices must be installed and functional prior to site clearing and grading.

The contractor, permittee or owner must at all times maintain all erosion and sediment control measures in good order and compliance with erosion and sediment control plan for the site and with the City’s adopted standards for the duration of the permit. Products resulting from erosion, such as silt and mud, must be contained within the individual lot boundaries or project boundaries.

Best management practices (BMP) must be performed throughout the life of the project to prevent water pollution. This work must consist of furnishing, installing, maintaining and removing temporary erosion and sediment control measures as shown on the plans or ordered by the Director of Public Works and/or their designee. The control of water pollution through the use of berms, slope drains, ditch checks, sediment basins, seeding and mulching, straw bales, silt fences and other erosion control devices or methods must be used in accordance with the Missouri Department of Natural Resources, Division of Environmental Quality. Construction of permanent drainage facilities as well as performance of other work that may effectively limit siltation must be accomplished at the earliest practicable time. The Director of Public Works and/or their designee may require the immediate implementation of permanent or temporary erosion and sediment control measures to prevent pollution of adjacent streams or other watercourses, streets, storm sewer systems, lakes, ponds or other areas of water impoundment.

The surface area of earth material exposed at one time by clearing and grubbing, by excavation, by fill or by borrow operations may not exceed seven hundred fifty thousand (750,000) square feet (17.2 acres) without separate written approval of the Director of Public Works. Clearing and grubbing operations must be scheduled and performed so that grading operations and permanent erosion control features will follow immediately thereafter.

Additional erosion prevention control measures must be used to correct conditions that develop during construction which were not foreseen during the design stage; that are needed prior to installation of permanent pollution prevention features; or that are needed temporarily to control erosion that develops during normal construction practices but are not associated with permanent erosion and sediment control features on the project.

All material stockpiles and storage areas will be subject to all erosion and sediment control provisions in accordance with the Missouri Department of Natural Resources, Division of Environmental Quality.

The following information must be provided as part of the erosion and sediment control plan:

The erosion control plan and calculations must be prepared using Best Management Practices adopted by the Missouri Department of Natural Resources. The plan shall minimize any adverse flood impact. Stormwater detention/retention must be provided to comply with the City’s adopted stormwater regulations and to the extent possible to correct any existing on-site stormwater issues.

Erosion control measures such as silt fencing shall be removed from the property when no longer necessary to provide erosion control.

The first five thousand dollars ($5,000.00) of the financial security must be by cash deposit to the City of Raymore. If at any time during the course of the work this amount falls below the original amount of the deposit, the permittee must deposit the necessary funds to return the cash deposit to a balance of five thousand dollars ($5,000.00).

The remaining financial security balance may be in the form of cash deposit, letter of credit or bond.

The financial security will be released:

The Department of Public Works, Engineering and the Department of Development Services will handle erosion control/tracking of mud and debris enforcement through the normal routine activities that include inspecting the site, communicating with the contractor, permittee or owner, and issuing written warnings to the contractor, permittee or owner to resolve issues of non-compliance.

Upon the Director of Public Works or the designee’s determination that erosion control measures are deficient, but not hazardous, or that the contractor, permittee or owner did deposit, spill, drop or track any dirt, earth, mud, rock, sand, shale, debris, rubbish or other material on any right-of-way, the Director of Public Works will notify the contractor, permittee or owner to take remedial action to correct the deficiencies. Notification shall be done by at least one (1) of the following methods:

If erosion attributable to deficient erosion control measures or the tracking, depositing or spilling of mud dirt or debris poses an immediate danger to life or property or substantial flood or fire hazards, the Director of Public Works or the designee will cause the City to immediately abate the hazardous condition. The contractor, permittee or owner must pay all actual and administrative costs incurred by the City in correcting the hazardous condition within thirty (30) days. If the contractor, permittee or owner fails to pay the City for correcting the hazardous condition, the Director of Public Works may take any or all of the actions listed above.

Conviction of any violation enumerated in this section will be subject to the penalties contained in Section 480.030 I.

This section applies to all streams within the jurisdiction of the U.S. Army Corps of Engineers except those streams located upon land which:

To identify those stream segments to which this section applies, a letter of jurisdictional determination shall be provided from the U.S. Army Corps of Engineers for any property proposed for development.

No development shall be approved that proposes disturbance on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this section.

Except as otherwise provided by this section, the Director of Public Works shall administer, implement and enforce the provisions of this section. The director may delegate any powers or duties granted by this code to other City personnel or authorized representatives.

The City is authorized to develop administrative policies and guidelines to implement this section.

Stream buffers, as required by this section, are a part of the City’s Storm Water Management Program.

If a development obtains a CWA Section 404 permit allowing a stream to be relocated or otherwise altered, this section shall apply to the new stream location and order.

Plan Requirements.

Boundary Markers. Boundary markers shall be installed prior to final approval of the required clearing and grading plan.

Construction Fencing. Construction fencing shall be placed to delineate the buffer and shall be maintained throughout the construction of the project.

Final Plats. All final plats and survey documents prepared for recording shall clearly:

A buffer for a stream shall consist of a strip of land extending along both sides of a stream.

Stream buffers shall be measured as follows:

The buffer shall not be greater than the flood plain limits as shown on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) for Cass County, Missouri Panels 29037C0028F, 29037C0029F, 29037C0034F, 29037C0035F, 29037C0036F, 29037C0037F, 29037C0038F, 29037C0039F, 29037C0041F, 29037C0042F, 29037C0043F and 29037C0044F dated January 2, 2013, as amended, and any future revisions thereto.

If stream buffers, or stream channels, are disturbed or destroyed during development or construction activities, they shall be restored using native vegetation or plantings as outlined in the required restoration plan.

Except as specifically authorized by the developer’s CWA 404 permit, the following structures, practices, and activities are permitted in the stream buffer, with specific design or maintenance features, subject to the review and approval of the Director of Public Works:

A site plan showing:

A description of all proposed land development within the buffer and setback.

Any other documentation that the Director of Public Works may reasonably deem necessary for review of the application and to ensure that the buffer zone ordinance is addressed in the approval process.

The stream buffer areas must be established and recorded by the developer or property owner. Particular zones may be established and protected by different methods. One (1) or more of the following methods shall be used to provide for the preservation of the buffer area in perpetuity:

Developments and projects must be designed so that all established stream buffers are accessible to facilitate inspection, construction, maintenance and other activities related to the stream and City infrastructure in the buffer area. Nothing contained in this paragraph shall establish an independent right of ownership.

The City’s Engineering and Building Inspections divisions may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the City in making such inspections. The City shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

The name and address of the owner or the applicant or the responsible person;

The address or other description of the site upon which the violation is occurring;

A statement specifying the nature of the violation;

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this code and the date for the completion of such remedial action;

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,

A statement that the determination of violation may be appealed to the Director of Public Works by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient).

Stop Work Order. The Director of Public Works may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

Withhold Certificate of Occupancy. The City of Raymore may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

Suspension, Revocation or Modification of Permit. The Director of Public Works may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Director of Public Works may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

Civil Penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Director of Public Works shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient) after the Director of Public Works has taken one (1) or more of the actions described above, the Director of Public Works may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

Criminal Penalties. For intentional and flagrant violations of this section, the Director of Public Works may issue a citation to the applicant or other responsible person, requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

Administrative Appeal. Any person aggrieved by a decision or order of the City, may appeal an enforcement action in writing within ten (10) days after receipt of such action to the Director of Public Works of the City of Raymore and shall be entitled to a hearing before the Board of Appeals of the City of Raymore within thirty (30) days of receipt of the written appeal.

Judicial Review. Any person aggrieved by a decision or order of the City, after exhausting all administrative remedies, shall have the right to appeal de novo to the Municipal Court of the City of Raymore.