City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents

Section 425.010 Introductory Provisions.

[R.O. 2006 §425.010; Ord. No. 880 Art. 1, 5-21-2001]
A. 
Title. These regulations shall hereafter be known, cited and referred to as the "Stormwater Management Regulations" of the City of Troy, Missouri.
B. 
Authority. These regulations are adopted pursuant to the power and authority of the City of Troy and other applicable laws and Statutes of the State of Missouri.
C. 
Applicability. This Chapter is applicable to all new subdivisions of land. This Chapter is applicable to all existing commercial tracts, industrial tracts, and multi-family residential tracts (except duplex lots). Existing single-family residential and duplex tracts are not subject to the detention provisions of this Chapter.
1. 
Any person, firm, corporation or business proposing to construct buildings or develop land within the City shall apply to the City Engineer for approval of a stormwater management plan and issuance of a drainage permit as specified in these regulations.
2. 
No land shall be developed except upon issuance of such permit.
D. 
Purpose. In order to promote the health, safety and general welfare of the citizens of Troy, these stormwater management regulations are hereby enacted. The general purpose of these regulations is to assure the proper balance between man's use of land and the preservation of a safe and beneficial environment. The provisions of these regulations, as amended from time to time, are intended to reduce property damage and human suffering and minimize the hazards of personal injury and loss of life due to flooding. The approval of a site's stormwater management plan, pursuant to the provisions of these regulations, will:
1. 
Establish the primary and secondary stormwater management systems.
2. 
Define and establish stormwater management practices and use restrictions.
3. 
Establish guidelines for handling increases in volume and peak discharges of runoff.
4. 
Establish a Technical Review Committee to review requested appeals of City Engineer decisions.
E. 
Definitions. For the purpose of this Chapter, certain terms and words shall be used, interpreted and defined as set forth in this Section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense. Words used in the singular shall include the plural, and vice-versa. The words "these regulations" mean "this Chapter". The word "person" includes corporation, partnership, and any association of persons. The word "shall" is always mandatory.
100-YEAR FLOOD
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
BOND
Any form of security for the completion or performance of a stormwater management plan or the maintenance of drainage improvements. Security may be in the form of a surety bond, collateral, property or instrument of credit, or escrow deposit in an amount and form satisfactory to the Governing Body.
BUILDING
Any structure built for the support, shelter or enclosure of persons, animals, chattels, or movable property of any kind.
CHANNEL
A watercourse which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water, and which has a defined bed and banks.
DETENTION BASIN
Any manmade area that serves as a means of controlling and temporarily storing stormwater runoff.
DETENTION STORAGE
The temporary detaining or storage of stormwater in reservoirs, on rooftops, on parking lots and other areas under pre-determined and controlled conditions.
DEVELOPMENT
Any change of land use or improvement on any parcel of land.
DIFFERENTIAL RUNOFF
The volume and rate of flow of stormwater runoff discharged from a parcel of land or drainage area which is or will be greater than that volume and rate that pertained prior to proposed development or redevelopment.
DRAINAGE PERMIT
A permit issued by the City Engineer upon approval of a final stormwater management plan.
EASEMENT
Authorization by a property owner for use by another party or parties of all or any portion of his/her land for a specified purpose.
FREEBOARD
A factor of safety expressed as the difference in elevation between the top of the detention basin dam and the design surface water flow elevation.
HABITABLE DWELLING UNIT
A dwelling unit intended for and suitable for human habitation.
PEAK FLOW
The maximum rate of water flow at a given point in a channel, watercourse or conduit resulting from a design storm of particular frequency.
PERMITTEE
A person, partnership or corporation to whom a permit is granted.
PLAT
A legally recorded plan of a parcel of land subdivided into lots with streets, alleys, and other land lines drawn to scale.
PROJECT
Any development involving the construction, reconstruction or improvement of structures and/or grounds.
RATIONAL METHOD
An empirical formula for calculating peak rates of runoff resulting from rainfall.
REGULATORY FLOODPLAIN
The land adjoining a river, stream, watercourse or lake which is likely to be flooded from a 100-year storm. FEMA (Federal Emergency Management Agency) has established regulatory floodplains for the City of Troy. The boundaries are shown on the FIRM (Flood Insurance Rate Maps) filed at City Hall.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one (1) foot. FEMA (Federal Emergency Management Agency) has established regulatory floodways for the City of Troy. The boundaries are shown on the floodway maps filed at City Hall.
RETENTION BASIN
A manmade area which serves as permanent storage of stormwater runoff.
STORMWATER RUNOFF
Water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation and which flows over the ground surface.
STRUCTURE
Any object constructed above or below ground.
TRIBUTARY AREA
All the area that contributes stormwater runoff to a given point.
WATERCOURSE
Any surface stream, creek, brook, branch, depression, reservoir, lake, pond or drainageway in or into which stormwater runoff flows.
WET BOTTOM BASIN
A detention basin intended to have a permanent pool.

Section 425.020 Stormwater Runoff Management System.

[R.O. 2006 §425.020; Ord. No. 880 Art. 2, 5-21-2001]
A. 
General. This Section establishes the stormwater runoff management system of the City of Troy, which shall be composed of a primary system, a secondary system, management controls and management practices.
B. 
The Primary System. The primary system is composed of open channels, creeks, rivers and overflow sections.
C. 
The Secondary System. The secondary system is composed of all drainage structures, both public and private.
D. 
Management Controls. Management controls are regulations applicable to development under the provisions of this Chapter. Such controls shall limit any activity which will adversely affect hydraulic function of detention facilities, open channels, drainage swales, or enclosed stormwater conveyance systems.
E. 
Management Practices. The following practices may be utilized upon approval of the City Engineer.
1. 
Storage. Runoff may be stored in temporary or permanent detention basins, in rooftop or parking lot ponding, percolation storage, or by other means in accordance with the design criteria and performance standards set forth in these regulations.
2. 
Open channels. Maximum feasible use shall be made of existing and constructed open channels and drainage swales.
3. 
Streets and curbs. Streets, curbs and gutters shall be an integral part of the stormwater runoff management system. To the maximum extent possible, design drainage systems concurrently with the layout of streets and lots. This should include the layout of curb inlets, site drainage and overflow swales. Design facilities in accordance with the criteria and performance standards set forth in these regulations.
4. 
Enclosed conveyance systems. Enclosed conveyance systems consisting of inlets, conduits and manholes used to convey stormwater runoff. These systems shall be designed in accordance with design criteria and performance standards set forth in these regulations.
5. 
Other. The stormwater runoff management practices enumerated herein shall not constitute an exclusive listing of available management practices. Other generally accepted practices and methods may be utilized if the purpose, design criteria, and minimum performance standards of these regulations are met.
F. 
Public And Private Responsibilities Under The Stormwater Management System.
1. 
Public responsibilities.
a. 
Administration. The administration of these regulations shall be the responsibility of the City Engineer who shall review and approve stormwater management plans as provided herein.
b. 
Operation and maintenance of publicly owned facilities. The City Public Works Department shall be responsible for the operation and maintenance of accepted public drainage structures not maintained by other government jurisdictions.
2. 
Private responsibilities.
a. 
The property's owner has the responsibility to provide the operation and maintenance of all drainage structures on private property or prior to acceptance by the City for maintenance.
b. 
The property's owner shall operate private detention facilities to ensure the adequate drainage and control of stormwater on the developer's property both during and after construction of such facilities.
c. 
The property's owner has the responsibility to maintain open drainageways and swales across their property, unless the City accepts maintenance.
d. 
Each developer or owner has the responsibility and duty before and after construction to properly operate and maintain all stormwater facilities which have not been accepted for maintenance by the public. The developer shall transfer such responsibility to subsequent owners through appropriate covenants.

Section 425.030 Procedure For Submission, Review and Approval of Stormwater Runoff Management Plans.

[R.O. 2006 §425.030; Ord. No. 880 Art. 3, 5-21-2001]
A. 
General.
1. 
No development shall increase the rate of stormwater emanating from said land areas except in accordance with an approved stormwater management plan as provided in these regulations.
2. 
A registered professional engineer, licensed to practice in the State of Missouri, shall prepare the stormwater management plan.
3. 
The City Engineer shall approve the stormwater management plan before issuance of a building permit.
4. 
A preliminary stormwater management plan is required for all subdivisions, except replats of existing lots. Review of large, complex or unusual sites with the City Engineer is encouraged prior to submittal of a final plan. A preliminary plan is permitted for any development.
5. 
A final stormwater management plan is required for all commercial, multi-family residential (except duplex lots), and all subdivisions. For individual sites, the final plan items may be incorporated into the site plan.
B. 
Submission Of Preliminary Stormwater Management Plan. The preliminary stormwater management plan for any proposed development shall contain, but not be limited to, the following information and data:
1. 
Topographic map outlining the limits of the contributing off-site areas may be one (1) inch equals two hundred (200) feet with five (5) foot contours or a USGS, 7.5 minute quadrangle topographic map with ten (10) feet contour interval.
2. 
Site plan at a suitable scale and contour interval showing the land being developed and adjoining land whose topography may affect the layout or drainage patterns for the development.
3. 
The location of streams and other stormwater runoff channels, the extent of flood plains at the established high water elevations, the limits of the floodway, if pertinent, and any additional information.
4. 
The normal shoreline of lakes, ponds, swamps and detention basins including their inflow and outflow structures if such structures exist.
5. 
The location and size of existing storm drains, inlets and outfalls.
6. 
The location and observed flow rates of any flowing springs, wells or seepage areas determined by a field inspection of the property.
7. 
Concepts to safely handle all stormwater runoff. Include the detention method to control the increased stormwater runoff generated by the development.
8. 
A general plan showing the extent and nature of the proposed storm drainage facilities to serve the project. Preliminary calculations are desirable, but not required. If included, indicate the runoff handled by each facility, the criteria used to calculate the runoff, and basic information regarding the receiving drainageway.
9. 
Calculations supporting the method and capacity needed for temporary storage of increased runoff resulting from the proposed development.
10. 
Basic information regarding the receiving stream or channel into which proposed storm drainage facilities will discharge. Include the channel location, existing downstream culverts, bridges, and other waterway openings, any existing detention basins or lakes, and other information required to determine the impact of the proposed development on downstream drainage conditions.
11. 
A general plan indicating the perimeter of the site, the general development proposed for the project, and approximate finished contours of the site.
C. 
Submit this information as part of a preliminary subdivision plat.
D. 
Review Of Preliminary Stormwater Management Plan.
1. 
Following receipt of the preliminary stormwater management plan with necessary attachments, the City Engineer will review the general drainage concept and planning proposal.
2. 
The City Engineer will provide review comments. If requested, the City Engineer will meet with representatives of the developer, including the developer's engineer, to review the overall concepts included in the preliminary stormwater management plan.
3. 
The purpose of this review is to jointly agree upon an overall stormwater management concept for the proposed development and to review criteria and design parameters which shall apply to final design of the project.
E. 
Final Stormwater Runoff Management Plan.
1. 
Following review of the preliminary stormwater management plan or as part of a site development plan, a final stormwater management plan shall be prepared.
2. 
The final plan may be separate or incorporated into the development's improvement drawings.
3. 
The final plan shall include the following information, unless specifically excluded during a preliminary review meeting.
a. 
A topographic map of the project site and adjacent areas of suitable scale and contour interval. The map shall define the location of streams, the extent of flood plains and calculated high water elevations, the shoreline of lakes, ponds, swamps and detention basins including their inflow and outflow structures, if any.
b. 
The location and flowline elevation of all existing sanitary, storm sewers, or sewage treatment facility, falling within the project limits, or are beyond the exterior project boundary, and impacting the inflow to or discharge from a site.
c. 
Detailed determination of anticipated runoff for the entire project site. Indicate design flows at each inlet and junction structure. Include the calculations used to determine said runoff rates.
d. 
A refined layout of the proposed stormwater management system. Include the location and size of all drainage structures, storm sewers, channels and channel sections, detention basins. Provide an analysis of the impact of said improvements on the receiving channel.
e. 
The size, material and slope of all existing and proposed storm sewers.
f. 
For detention basins, provide a plot or tabulation of storage volumes with corresponding water surface elevations and the basin outflow rates for those water surface elevations.
g. 
Include a refined grading plan for the entire project site, drawn at a suitable scale and contour interval. Include existing and finished contours and final grades of the project.
(1) 
The grading plan shall include a plot of the line defining the design high water elevation under 100-year peak flow conditions. For a larger drainageway or area where structure flooding is possible, provide the minimum finished floor elevations for lots abutting the drainageway or overflow section.
(2) 
For regraded channels, provide a profile and one (1) or more cross sections of the existing and finished channel. Show existing conditions and the proposed changes. Include the anticipated high water elevation and the relationship of structures, streets, and other utilities to the channel.
(3) 
If computerized design software is used, the submittal shall include complete printouts of data, including input parameters. Final data without input information is not acceptable.
F. 
Review And Approval Of Final Stormwater Management Plan.
1. 
The City Engineer will review the final stormwater management plan for conformance to the preliminary plan and these regulations.
2. 
The City Engineer will issue letter of approval for plans complying with these requirements. A drainage/grading permit will be issued upon request of the developer.
3. 
If the proposed development will not control stormwater runoff in accordance with these regulations, the City Engineer will provide comments to the developer's engineer listing the needed revisions or corrections.

Section 425.040 Design Criteria and Performance Standards.

[R.O. 2006 §425.040; Ord. No. 880 Art. 4, 5-21-2001]
A. 
Design Criteria. Unless otherwise provided, the following rules shall govern the design of improvements with respect to managing stormwater runoff.
B. 
Methods Of Determining Stormwater Runoff.
1. 
Developments where the area contributing runoff is twenty-five (25) acres or less shall be designed using the Rational Method of calculating runoff in accordance with the City's Stormwater Design Manual.
2. 
Developments where the area contributing runoff is four hundred (400) acres or less shall be designed using the Rational Method of calculating runoff or other methods approved by the City Engineer.
3. 
For developments where the area contributing runoff is four hundred (400) acres or more, the applicant shall submit the proposed evaluation method for runoff calculations to the City Engineer for review and approval.
4. 
A registered professional engineer shall prepare all development plans and/or specifications.
C. 
Development Design.
1. 
Streets, blocks, depth of lots, parks, and other public grounds shall be located and laid out in such a manner as to minimize the velocity of overland flow and allow maximum opportunity for infiltration of stormwater into the ground.
2. 
Design discharges to existing and proposed streams and channels to minimize increases in velocity and peak flows.
3. 
Whenever possible, place detention basins, streams and floodplains within parks and other public grounds.
D. 
Enclosed Systems And Open Channels. Unless otherwise permitted by the City Engineer, the design shall conform to the criteria in the City of Troy, Storm Sewer Design Standards, which by reference made a part hereof as though expressly written and incorporated in this Chapter.
1. 
Design the secondary storm drainage system, in single-family and duplex residential areas, to accommodate the peak flow from a 10-year, 24-hour storm.
2. 
Design secondary storm drainage system, in mufti-family residential (greater than two (2) attached units), commercial, and industrial areas, to accommodate the peak flow from a 10-year, 24-hour storm.
3. 
Design the primary and secondary storm drainage system, in regulatory flood plains, to accommodate the 100-year flood.
4. 
Design storm drainage pipes with an overflow section to accommodate the peak flow from a 50-year, 24-hour storm without structure flooding.
E. 
Methods Of Controlling Downstream Flooding. The following list of criteria shall govern the planning and design of detention facilities.
1. 
The peak rate of runoff from an area after development shall not exceed the peak rate of runoff from the same area before development. The 24-hour storm's discharge rate shall match the peak flows for a 2-year, 10-year, and 25-year frequency.
2. 
Designs shall include an emergency spillway capable of safely passing a 100-year, 24-hour peak design flow.
3. 
Detention facilities are not permitted in the 100-year flood plain as identified on the City's FIRM mapping unless the design is certified to cause no increase in the base flood elevation (BFE).
4. 
Detention storage areas shall include capacity to contain the storage volume of tributary stormwater runoff. Provide two (2) feet minimum of freeboard above the maximum water surface (elevation of the emergency spillway).
5. 
Outlet works shall not include any mechanical components or devices and shall function without requiring attendance or control during operation.
6. 
Detention facilities are not permitted in public street rights-of-way.
7. 
Off-site facilities may be considered, provided assurance of control, operation and maintenance is provided and accepted by the Board of Aldermen.
F. 
Downstream Improvements.
1. 
Improvements to minimize downstream flooding conditions may be provided or required. Improvements may include the construction of dams, dikes, levees and floodwalls, culvert enlargements, and channel clearance.
2. 
Downstream improvements should be discussed between the City Engineer and the developer's engineer so that appropriate provisions with respect to planning and implementing said improvements can be made at the earliest possible date.
3. 
Downstream improvements may be considered in lieu of on-site detention, provided the developer's professional engineer provides a hydraulic study showing detention will increase the overall peak flow in a receiving stream more than development without detention.
G. 
Design Data Submittal. In addition to complete plans, the following design data shall be submitted to the City Engineer for all projects including temporary detention facilities:
1. 
Rainfall hydrograph. Plot rainfall in units of inches per hour on the ordinate. Plot time from beginning of the storm in hours along the abscissa.
2. 
Runoff hydrograph. Plot runoff rate in cubic feet per second, for the tributary area, along the ordinate. Plot time in hours from the start of runoff along the abscissa.
3. 
Area. Capacity curve for proposed detention facility plotted in units of datum elevation as ordinates, and cumulative volume of storage as abscissas.
4. 
Discharge characteristics curve or outlet works plotted in units of detention facility water surface elevation as ordinates, and discharge rate for cubic feet per second (CFS) as abscissas.
5. 
Storage capacity. Plot inflow and outflow curves in units of accumulated volume as ordinates. Plot time from the start of runoff as abscissas. Arrange curves with the vertical distance between the accumulated storage and accumulated discharge indicating the net volume in storage at any point in time. Curves shall be extended to the time required for complete discharge of all runoff stored in the detention facility.
6. 
If computer generated printouts are provided, the input data shall be provided as part of the submittal.
H. 
Detention Methods. In addition to the above criteria, the following shall be applicable, depending on the detention alternative(s) selected by the City Engineer and the developer's professional engineer.
1. 
Wet bottom basins (basins designed with permanent pools).
a. 
Minimum depths. The minimum normal depth of water before the introduction of excess stormwater shall be four (4) feet.
b. 
Depth for fish. If fish are used to keep the basin clean, at least one-quarter (¼) of the permanent pool area must have a minimum depth of ten (10) feet.
2. 
Dry bottom basins (basins designed to be normally dry).
a. 
Interior drainage. Provisions must be incorporated to facilitate interior drainage to outlet structures.
b. 
Multi-purpose features. These shall be designed to serve secondary purposes for recreation, open space or other types of use that will not be adversely affected by occasional or intermittent flooding.
3. 
Rooftop storage.
a. 
Detention storage may be met in total or in part by detention on roofs.
b. 
Submit detail of such design with the drainage permit application. Include the depth and volume of storage, details of outlet devices and down drains, elevations of overflow scuppers, design loading for the roof structure, and emergency overflow provisions.
c. 
Direct connection of roof drains to sanitary sewers is prohibited.
4. 
Parking lot storage.
a. 
Paved parking lots may be designed to provide temporary detention storage of stormwater on all or a portion of their surface.
b. 
Outlet(s) will be designed so to slowly empty the stored water.
c. 
Depth of storage shall be limited to twelve (12) inches.
d. 
Limits of ponding must be greater than ten (10) feet from a building. Provide one (1) foot minimum freeboard to the lowest sill elevation of a building.
5. 
Other storage.
a. 
All or a portion of the detention storage may also be provided in underground or surface detention facilities, including underground pipes, tanks or swales.
I. 
Erosion Control.
1. 
Incorporate erosion control measures into all stormwater management plans.
2. 
Erosion control measures shall comply with the regulations of the Missouri Department of Natural Resources.
J. 
Performance Standards.
1. 
Stormwater channel location. Generally acceptable locations of stormwater runoff channels in the design of a subdivision may include, but not be limited to, the following:
a. 
In a depressed median of a double roadway, street or parkway provided the median is wide enough to permit maximum three (3) to one (1) side slopes.
b. 
Centered on lot lines or entirely within the rear yards of a single row of lots or parcels.
c. 
In each of the foregoing cases, a drainage easement to facilitate maintenance and design flow shall be provided and shown on the plat. No structures shall be constructed within or across stormwater channels.
2. 
Storm sewer outfall. Design storm sewer outfalls to protect against downstream erosion and scouring.
3. 
Lot lines. When plans call for the passage and/or storage of stormwater along lot lines, the grading of such lots shall provide for the passage and/or storage of water. No structure, fencing or landscaping may obstruct the flow of stormwater. Regrading an overflow area or ditch is not permitted without a permit.
4. 
Manholes. All sanitary sewer manholes constructed in a flood plain or area designed for the storage or passage of stormwater shall include a watertight manhole cover or have a rim elevation at least two (2) feet above the BFE or high water elevation.
5. 
Easements. Permanent easements for the detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the City. The minimum easement width is sixteen (16) feet.
6. 
Maintenance. The developer shall make provisions, acceptable to the City, for perpetual maintenance of detention facilities, outlet works and appurtenances.
7. 
Drainage permits. A drainage permit may be granted only after approval of the stormwater management plan, dedication and acceptance of easements, and acceptance of required maintenance assurances and bonds.

Section 425.050 Bonds, Maintenance Assurances and Drainage Permits.

[R.O. 2006 §425.050; Ord. No. 880 Art. 5, 5-21-2001; Ord. No. 972 §2, 9-20-2004]
A. 
Performance Bonds And Other Assurances For Completion Of Stormwater Management Improvements.
1. 
Acceptance of streets and other utilities in a subdivision plat or the occupancy permit for an individual lot/tract will be withheld until storm drainage facilities are ready for acceptance.
2. 
The City may accept a performance bond, cash escrow, certified check, or other acceptable form of performance security for the remaining work in lieu of withholding acceptance of other facilities.
B. 
Maintenance Agreement. The applicant shall provide the City a copy of the proposed maintenance agreement or subdivision covenants, assuring perpetual maintenance of detention facilities, for approval by the City.
C. 
Maintenance Bond. A one (1) year maintenance bond against defects in workmanship may be required by the City for any portion of the stormwater management improvements dedicated to the public.
D. 
Drainage Permits. Upon approval of the final stormwater management plan and acceptance of the applicant's assurances of performance and maintenance as provided in these regulations, the City Engineer shall issue a drainage permit. The applicant shall then be known and thereafter be referred to as the permittee. The permit shall set forth the terms and conditions of the approved stormwater management plan.
E. 
Fees. Fees for construction of stormwater management facilities will be in accordance with the fees set out in Table I to this Title IV of the Municipal Code of the City of Troy.

Section 425.060 Enforcement.

[R.O. 2006 §425.060; Ord. No. 880 Art. 6, 5-21-2001]
A. 
General. It shall be the responsibility of the City Engineer to bring to the attention of the developer any violation or lack of compliance herewith. If correction is not made in a timely manner, the City Engineer shall notify the City Attorney of the violation or lack of compliance.
B. 
Violations And Penalties. Any person, firm or corporation who fails to comply with or violates any of these regulations shall be guilty of a misdemeanor. Upon conviction thereof, said party shall be fined not more than five hundred dollars ($500.00) or be confined in the City Jail for not more than one (1) year, or both as provided by the Statutes of the State of Missouri.
C. 
Inspection. The City Engineer shall be responsible for determining whether the stormwater management plan is in conformance with requirements specified in Section 425.040, and whether development is in accordance with the approved drainage permit.
1. 
The City may periodically inspect the development site to verify conformance with these regulations.
2. 
The developer is responsible to ensure that the stormwater management plan is properly implemented and that the improvements are maintained.
D. 
Remedial Work. If it is determined that development is not proceeding in accordance with the approved stormwater management plan and drainage permit, the City Engineer shall notify the permittee of the nature and location of the non-compliance.
1. 
The permittee shall immediately commence the recommended remedial action. Remedial work shall be completed within seventy-two (72) hours or within a reasonable time after receipt of said notice.
2. 
If weather conditions or other factors beyond the control of the permittee prevent immediate remedial action, the City Engineer may extend the action period.
3. 
Upon satisfactory completion of the remedial work, the City Engineer shall issue a notice of compliance and the development may proceed.
E. 
Revocation Of Permits — Stop Orders.
1. 
The City Engineer, after giving seven (7) days' written notice, may revoke a permit issued under these regulations for any project found in violation of these regulations. Drainage permits may also be revoked if remedial work is not completed within the allowed time.
2. 
Upon revocation of a drainage permit, the City Engineer shall issue a stop work order.
a. 
Such stop work order shall be directed to the permittee. The permittee shall immediately notify persons owning the land, the developer, and those persons or firms actually performing the physical work of clearing, grading and developing the land.
b. 
The stop work order shall direct the parties involved to cease and desist all or any portion of the work on the development, which is not in compliance, except such remedial work to bring the project into compliance.

Section 425.070 General Provisions.

[R.O. 2006 §425.070; Ord. No. 880 Art. 7, 5-21-2001]
A. 
Interpretation, Conflict And Separability Interpretations.
1. 
Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
2. 
Conflict with public provisions.
a. 
These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law.
b. 
Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation or other provision of law, whichever provision is more restrictive or imposes higher standards shall control.
3. 
Conflict with private provisions.
a. 
These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction. If these regulations are more restrictive or impose higher standards than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
b. 
Where the provisions of the easement, covenant, private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of these regulations, then such private provisions shall be operative and supplemental to these regulations.
4. 
Separability.
a. 
If any court of competent jurisdiction thereof adjudges any part or provision of these regulations or application invalid, such judgment shall be confined in its operation to that part, provision or application directly involved in the controversy. The rendered judgment shall not affect or impair the validity of the remainder of these regulations or the application hereof to other persons or circumstances.
b. 
The Governing Body hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application found to be unlawful or invalid.
B. 
Saving Provision. These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any Section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in these regulations.
C. 
Amendments. To provide for the public health, safety and general welfare, the Governing Body may, from time to time, amend the provisions of these regulations.
D. 
Appeals. Any person may appeal the City Engineer's decision, order or determination. An appeal shall be submitted to the Board of Aldermen in accordance with the procedures set forth below.
1. 
A hearing before the Board of Aldermen may be held within thirty days (30) of a final order, requirement, decision or determination of the City Engineer.
2. 
The Board of Aldermen shall consider any information offered by the aggrieved person bearing on the dispute and may recommend to the City Engineer an appropriate course of action: reversal, modification or confirmation.
3. 
The City Engineer shall act on the recommendation in a manner consistent with his/her responsibilities under these regulations.
4. 
Review by the Board of Aldermen shall not prevent any person from requesting a review by a court of competent jurisdiction in the manner provided by the laws of the State of Missouri.

Section 425.080 Liability.

[R.O. 2006 §425.080; Ord. No. 880 Art. 8, 5-21-2001]
A. 
Disclaimer Of Liability.
1. 
The performance standards and design criteria, set forth herein, establish minimum requirements which must be implemented with good engineering practice and workmanship.
2. 
Use of the requirements contained herein shall not constitute a representation, guarantee or warranty of any kind by the City, or its officers and employees, of the adequacy or safety of any stormwater management structure or use of land.
3. 
The approval of a stormwater management plan and the issuance of a drainage permit shall not imply that permitted land uses will be free from damages caused by stormwater runoff.
4. 
The degree of protection required by these regulations is considered reasonable for regulatory purposes and is based on historical records, engineering, and scientific methods of study. Larger storms may occur or stormwater runoff heights may be increased by manmade or natural causes.
5. 
These regulations therefore shall not create liability on the part of the City or any officer with respect to any legislative or administrative decision lawfully made hereunder.