[Ord. No. 1265, 1-24-2019[1]]
A.Â
Purpose. The purpose of the regulations in this Chapter shall effectively
minimize soil erosion and sedimentation during land development, building,
landscaping or any other type and disturbance. Further, to provide
builders, developers and property owners with soil erosion and sedimentation
control standards and regulations. The regulations and standards herein
shall accomplish the following:
1.Â
Promote and protect the public health, safety, comfort and general
welfare of the people of the City.
2.Â
Establish minimum requirements and standards for development
and ground disturbance within the City, and achieve reasonable initial
costs, and reduce future maintenance costs of public and private improvements
and services.
3.Â
Prevent the pollution of streams, ponds and lakes and encourage
management of natural resources throughout the municipality in order
to preserve the integrity, stability and beauty of the community and
the value of the land.
4.Â
Preserve the natural beauty and topography of the City and to
insure appropriate development with regard to the natural features.
[Ord. No. 1265, 1-24-2019]
Any person, firm, corporation or business proposing to develop,
landscape or disturb land within the City of Troy of one (1) acre
or more needs a land disturbance permit through the State of Missouri.
Land disturbance of eight thousand (8,000) square feet or more needs
a land disturbance permit through the City of Troy. Any ground disturbance
activities under eight thousand (8,000) square feet within the City
of Troy limits that may allow containments into the City of Troy storm
sewer system will be required to have a storm water permit through
the City of Troy, except for farm land, shall apply to the City of
Troy Building Department for approval of the required erosion control
plans and issuance of the development or construction permit as specified
in the City Code. Said applicant shall be required to maintain adequate
supervision of the site to insure compliance with this Chapter.
[Ord. No. 1265, 1-24-2019]
A.Â
Land subdivision applicants shall be required to post an escrow account
at the time of final subdivision approval in an amount estimated by
the Planning and Zoning Commission as sufficient to secure the satisfactory
construction, installation and dedication of the improvements.
B.Â
In the case of other types of ground disturbances, the applicant
may post an escrow, letter of credit or bond in the amount as established
elsewhere in the City Code to assure completion of soil restoration
before occupancy is permitted.
[Ord. No. 1265, 1-24-2019]
A.Â
Required Erosion And Sedimentation Control Plan Content. Grading
plans, site plans, preliminary plat of subdivision or the subdivision
improvement plans for grading land shall include the following information.
1.Â
An erosion and sediment control plan at minimum scale one (1)
inch equals fifty (50) feet with specifications showing proposed excavation,
grading or filling and shall include the following:
a.Â
The full name, address and telephone number of the property
owner.
b.Â
Location of all proposed and existing utility lines.
c.Â
Location map.
d.Â
Existing and proposed contours at intervals no greater than
two (2) feet on USGS datum.
e.Â
Details of temporary drainage systems and drainage plan.
f.Â
Details of water impoundment structures and proposed stable
outlets (see Protecting Water Quality: A Field Guide to Erosion, Sedimentation
and Storm Water Best Management Practices for Development Sites in
Missouri and Kansas).
g.Â
Details for soil preparation and revegetation (see Protecting
Water Quality: A Field Guide to Erosion, Sedimentation and Storm Water
Best Management Practices for Development Sites in Missouri and Kansas)
and any other method of erosion control (i.e., vegetation mats).
h.Â
Delineation of 100-year flood plain and floodway.
i.Â
Clearing limits.
j.Â
Temporary access shall be shown.
2.Â
The proposed phasing of the site, including clearing, rough
grading and construction and final grading and landscaping. Phasing
should identify the date on which clearing will begin, the duration
of exposure of cleared areas and the sequence of clearing, installation
of temporary sediment control measures, installation of storm drainage,
paving streets and parking areas and establishment of temporary and
permanent vegetative cover.
3.Â
The designated official may waive specific requirements for
the content of submissions upon finding that the information submitted
is sufficient to show that the work will comply with the objectives
and principles of these regulations.
B.Â
Sediment And Erosion Control Plan Approval.
1.Â
The sediment and erosion control plan shall define the measures
to be taken to meet erosion control principles and standards as defined
in these regulations. The plan shall assure that sediment is not transported
from the site by a storm event of 15-year (frequency), 20-minute (inlet
time), or less. The plan shall assure that all soil and sediment shall
be contained on the premises.
2.Â
When a plan is submitted to the City, additional restrictions
and regulations may be imposed by the City Engineer, the Planning
and Zoning Commission or any of the designated enforcement authorities
defined in this Chapter. Such additional restrictions and regulations
shall pertain to, but need not be limited to:
[Ord. No. 1265, 1-24-2019]
A.Â
All excavations, grading or filling shall have a finished grade not
to exceed a 3:1 slope (thirty-three percent (33%)). Steeper grades
may be approved by the designated official if the excavation is through
rock or the excavation or the fill is adequately protected (a designed
head wall or toe wall may be required). Retaining walls that exceed
a height of four (4) feet shall require the construction of safety
guards as identified in the appropriate section(s) of the adopted
ICC Codes and must be approved by the City Building Department. Permanent
safety guards will be constructed in accordance with the appropriate
section(s) of the adopted ICC Codes.
B.Â
Sediment and erosion control plans for sites shall provide for sediment
or debris basins, silt traps or filters, staked straw bales or other
approved measures to remove sediment from runoff waters. The design
shall be approved by the designated official. Siltation control measures
shall be initiated prior to any land disturbance and shall be maintained
until vegetative cover is established at a sufficient density to provide
erosion control on the site (see Protecting Water Quality: A Field
Guide to Erosion, Sedimentation and Storm Water Best Management Practices
for Development Sites in Missouri and Kansas).
C.Â
Temporary access shall be provided for all construction sites prior
to any land disturbance, to minimize curb damage and the amount of
earth deposits onto streets and/or adjoining properties during construction.
Said temporary access shall be in the form of a construction road,
or temporary driveway, and shown on the sediment and erosion control
plan and become an enforceable part of the plan approval. The access
path shall be rocked. Note, for residential lots permanent driveway
is to be rocked at the time of foundation walls back-fill, but no
later than subfloor installation.
D.Â
Where natural vegetation is removed during grading, sediment and
erosion control shall be initiated and vegetation shall be reestablished
in such a density as to prevent erosion. Permanent type grasses shall
be established as soon as possible or during the next seeding period
after grading has been completed (see Protecting Water Quality: A
Field Guide to Erosion, Sedimentation and Storm Water Best Management
Practices for Development Sites in Missouri and Kansas).
E.Â
When grading operations are completed or suspended for more than
thirty (30) days, permanent grass must be established at sufficient
density to provide erosion control on the site. Between permanent
grass seeding periods, temporary cover shall be provided according
to the designated official's recommendation (see Protecting Water
Quality: A Field Guide to Erosion, Sedimentation and Storm Water Best
Management Practices for Development Sites in Missouri and Kansas).
All finished grades (areas not to be disturbed by future improvement)
in excess of twenty percent (20%) slopes (5:1) shall be mulched and
tacked at the rate of one hundred (100) pounds per one thousand (1,000)
square feet when seeded.
F.Â
Provisions shall be made to accommodate the increased runoff caused
by changed soil and surface conditions during and after grading. Unvegetated
open channels shall be designed so that gradients result in velocities
of two (2) fps (feet per second) or less. Open channels with velocities
more than two (2) fps and less than five (5) fps shall be established
in permanent vegetation by use of commercial erosion control blankets
or lined with rock rip-rap or concrete or other suitable materials
as approved by the designated official. Detention basins, diversions
or other appropriate structures shall be constructed to prevent velocities
above five (5) fps.
G.Â
The adjoining ground to development sites (lots) shall be provided
with protection from accelerated and increased surface water, silt
from erosion, and any other consequences of erosion. Runoff water
from developed areas (parking lots, paved sites and buildings) above
the area to be developed shall be directed to diversions, detention
basins, concrete gutters and/or underground outlet systems. Sufficiently
anchored straw bales may be temporarily substituted with the approval
of the designated official.
H.Â
All hard surface improvements shall have the required zoning rear
yard setback, plus the required buffer strip of twenty-five (25) feet
from the top of existing stream banks. Watercourse shall be maintained
and made the responsibility of the subdivision trustees or, in the
case of a site plan, by the property owner. Permanent vegetation should
be left intact. Variances will include designated streambank erosion
control measures and shall be approved by the designated official.
FEMA and U.S. Army Corps of Engineers guidelines shall be followed
where applicable regarding site development areas designated as flood
plains and wetlands.
I.Â
All lots shall be seeded and mulched at the rates defined in "Protecting
Water Quality: A Field Guide to Erosion, Sedimentation and Storm Water
Best Management Practices for Development Sites in Missouri and Kansas"
or sodded before an occupancy permit shall be issued except that a
temporary occupancy permit may be issued by the Building Department
in cases of undue hardship because of unfavorable ground conditions.
[Ord. No. 1265, 1-24-2019; Ord. No. 1330, 11-21-2022]
A.Â
Inspections. By applying for a grading or building permit, the applicant
consents to the City inspecting the proposed development site and
all work in progress.
B.Â
The Land Disturbance Permit requires the developer to perform site
inspections to ensure that BMPs are properly installed, operation
and maintained. These inspections are required to be performed and
documented at least once every seven (7) calendar days and after a
rainfall that causes runoff (one-quarter (1/4) inch rain event) to
occur on-site.
C.Â
The Land Disturbance Permit requires construction site operators
to control the discharges of pollutants that may result from construction-related
wastes, such as discarded building materials, concrete truck washout,
etc.
D.Â
The Land Disturbance Permit requires developer to notify City staff
when certain activities are expected to occur on the site so City
staff can perform targeted inspections. This will allow staff to prioritize
inspections between different construction sites.
E.Â
Violations. All persons violating this Chapter shall be issued a
citation and notice to abate said violation within two (2) days from
the date of said notice. Said notice shall be deemed properly served
when said notice is posted on the property of said citation notice.
All persons failing to comply with such notice to abate said violation
shall be deemed in violation of this Chapter and upon failure to comply
with said notice, the City shall cause said violation to be corrected,
and the cost of such action shall be assessed against the person and/or
property owner, and/or the City shall have the authority to revoke
said building or development permit on said property.
[Ord. No. 1265, 1-24-2019; Ord. No. 1331, 11-21-2022]
The following City officials named herein by title hereby have
the authority to enforce this Chapter: the Building Official, the
Stormwater Coordinator, the Building Inspector, the Code Enforcement
Officer, any officer of the Police Department, the Director of Public
Works, the City Engineer, the City Administrator, and the City Clerk.
[Ord. No. 1265, 1-24-2019]
Any person violating any provision of these regulations and
found guilty of such violation shall be fined not less than one hundred
dollars ($100.00) per offense. Each day said violation continues shall
be a separate offense and subject to said fine.
[Ord. No. 1265, 1-24-2019]
[Ord. No. 1265, 1-24-2019]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
The wearing away of the land surface by the action of wind,
water or gravity.
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
The vertical location of the existing ground surface prior
to excavation or filling.
Federal Emergency Management Agency.
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any excavation or filling or combination thereof.
Refers to the currently adopted ICC International Code Family;
these regulations are designed to be used with the adopted ICC Codes
as a reference for minimum performance standards.
A channel formed by the existing surface topography of the
earth prior to changes made by unnatural conditions.
A constructed ditch or channel designed for water flow.
The Missouri Department of Natural Resources guidance document
regarding erosion, sedimentation, and storm water best management
practices, as currently released by the Missouri Department of Natural
Resources.
Solid material, mineral or organic, that has been moved by
erosion and deposited in a location other than the point of origin.
Staked bales or silt fencing systems that function as a filter
and a velocity check to trap fine-grained sediment while allowing
satisfactory passage of stormwater run-off.
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and constructing improvements.
The top of existing usual boundaries, not the flood boundaries,
of a stream channel. The top of the natural incline bordering a stream.
