City of Troy, MO
Lincoln County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 1265, 1-24-2019[1]]
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:
Promote and protect the public health, safety, comfort and general welfare of the people of the City.
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.
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.
Preserve the natural beauty and topography of the City and to insure appropriate development with regard to the natural features.
Editor's Note: Former Chapter 525, Erosion And Sedimentation Control Regulations, containing Sections 525.010 through 525.100 and Appendices A — F, was repealed 1-24-2019 by Ord. No. 1265.
[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]
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.
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]
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.
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:
The full name, address and telephone number of the property owner.
Location of all proposed and existing utility lines.
Location map.
Existing and proposed contours at intervals no greater than two (2) feet on USGS datum.
Details of temporary drainage systems and drainage plan.
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).
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).
Delineation of 100-year flood plain and floodway.
Clearing limits.
Temporary access shall be shown.
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.
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.
Sediment And Erosion Control Plan Approval.
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.
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:
Erosion and sedimentation control.
Soil use limitations.
Environmental considerations.
[Ord. No. 1265, 1-24-2019]
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.
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).
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.
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).
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.
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.
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.
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.
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]
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.
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-half (1/2) inch rain event) to occur on-site.
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.
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.
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]
The following City Officials named herein by title hereby have the authority to enforce this Chapter: the Building Official, 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]
Any person denied a grading permit shall have the right to appeal such denial according to the variance procedure as described in Article XXI, Board of Adjustment Sections 405.1015 et seq., of this Code within thirty (30) days from the time the appealed incident occurred.
[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.