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, or other parties as assigned, 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, or other parties as assigned, decisions.
E.
100-YEAR FLOOD
BOND
BUILDING
CHANNEL
DETENTION BASIN
DETENTION STORAGE
DEVELOPMENT
DIFFERENTIAL RUNOFF
DRAINAGE PERMIT
EASEMENT
FREEBOARD
HABITABLE DWELLING UNIT
PEAK FLOW
PERMITTEE
PLAT
PROJECT
RATIONAL METHOD
REGULATORY FLOODPLAIN
REGULATORY FLOODWAY
RETENTION BASIN
STORMWATER RUNOFF
STRUCTURE
TRIBUTARY AREA
WATERCOURSE
WET BOTTOM BASIN
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.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
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.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels, or movable property of any kind.
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.
Any manmade area that serves as a means of controlling and
temporarily storing stormwater runoff.
The temporary detaining or storage of stormwater in reservoirs,
on rooftops, on parking lots and other areas under pre-determined
and controlled conditions.
Any change of land use or improvement on any parcel of land.
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.
A permit issued by the City Engineer, or other parties as
assigned, upon approval of a final stormwater management plan.
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.
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.
A dwelling unit intended for and suitable for human habitation.
The maximum rate of water flow at a given point in a channel,
watercourse or conduit resulting from a design storm of particular
frequency.
A person, partnership or corporation to whom a permit is
granted.
A legally recorded plan of a parcel of land subdivided into
lots with streets, alleys, and other land lines drawn to scale.
Any development involving the construction, reconstruction
or improvement of structures and/or grounds.
An empirical formula for calculating peak rates of runoff
resulting from rainfall.
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.
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.
A manmade area which serves as permanent storage of 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.
Any object constructed above or below ground.
All the area that contributes stormwater runoff to a given
point.
Any surface stream, creek, brook, branch, depression, reservoir,
lake, pond or drainageway in or into which stormwater runoff flows.
A detention basin intended to have a permanent pool.
[Ord. No. 1262, 1-24-2019; Ord. No. 1329, 11-21-2022]
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, or other parties as assigned.
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, or other parties as assigned,
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.
[Ord. No. 1262, 1-24-2019; Ord. No. 1270, 6-17-2019; Ord. No. 1329, 11-21-2022]
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, or other parties as assigned, 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, or other parties as assigned,
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.
6.
The development's land disturbance permit, issued by the Missouri
Department of Natural Resources and/or the City of Troy, and the development's
stormwater pollution prevention plan (SWPPP), with appropriate contact
information of the developer or person responsible for such SWPPP,
shall be posted in a location which is visible to the public and is
in a location which is near the site entrance on a freestanding sign
or notification board which is provided by and maintained by the developer.
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 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, or other parties as
assigned, will review the general drainage concept and planning proposal.
2.
The City Engineer, or other parties as assigned, will provide
review comments. If requested, the City Engineer, or other parties
as assigned, 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, or other parties as assigned, will review
the final stormwater management plan for conformance to the preliminary
plan and these regulations.
2.
The City Engineer, or other parties as assigned, 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, or other
parties as assigned, will provide comments to the developer's engineer
listing the needed revisions or corrections.
[Ord. No. 1262, 1-24-2019; Ord. No. 1329, 11-21-2022]
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,
or other parties as assigned.
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, or
other parties as assigned, for review and approval.
4.
A registered professional engineer shall prepare all development
plans and/or specifications.
C.
Development Design.
1.
Design manual is the Mid-America Regional Council's "Manual
Best Management Practices for Stormwater Quality" (also known as the
MARC Manual).
2.
Missouri Guide to Green infrastructure.
3.
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. By reasonably mimicking pre-construction
runoff conditions, this should be accomplished through methods that
promote infiltration, evapotranspiration or reuse.
4.
Design discharges to existing and proposed streams and channels
to minimize increases in velocity and peak flows.
5.
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, or other parties as assigned, 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 multi-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, or other parties as assigned, 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, or other parties
as assigned, 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, or other parties as assigned, and the developer's
professional engineer.
1.
Wet bottom basins (basins designed with permanent pools).
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.
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.
[Ord. No. 1262, 1-24-2019; Ord. No. 1329, 11-21-2022]
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, or
other parties as assigned, 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.
[Ord. No. 1262, 1-24-2019; Ord. No. 1329, 11-21-2022]
A.
General. It shall be the responsibility of the City Engineer, or
other parties as assigned, 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, or other parties as assigned,
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, or other parties as assigned, 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.
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, or other parties as assigned, 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,
or other parties as assigned, may extend the action period.
3.
Upon satisfactory completion of the remedial work, the City
Engineer, or other parties as assigned, shall issue a notice of compliance
and the development may proceed.
E.
Revocation Of Permits — Stop Work Orders.
1.
The City Engineer, or other parties as assigned, 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, or
other parties as assigned, 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.
[Ord. No. 1262, 1-24-2019; Ord. No. 1329, 11-21-2022]
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, or other parties
as assigned, 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
(30) days of a final order, requirement, decision or determination
of the City Engineer, or other parties as assigned.
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, or other parties as assigned, an appropriate course
of action: reversal, modification or confirmation.
3.
The City Engineer, or other parties as assigned, 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.
[Ord. No. 1262, 1-24-2019]
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.
