[1]
Editor’s Note: Former Section 500.010, General Provisions Applicable To All Residential Construction, adopted and/or amended by R.O. 2012 §505.010; CC 1988 §505.010; Ord. No. 526 §1, 4-20-1982; Ord. No. 1189 §1, 3-16-1999; Ord. No. 1243 §1, 5-15-2001; Ord. No. 1345 §1, 9-20-2005; Ord. No. 1358 §1, 5-16-2006; Ord. No. 1470 §2, 10-19-2010; Section 500.020, Amendments, Additions and Deletions; Section 500.030, Permits Required, adopted and/or amended by R.O. 2012 §505.030; CC 1988 §505.030; Ord. No. 146 §2 ¶1, 3-9-1959; Ord. No. 613 §1, 1-21-1986; Ord. No. 700 §1, 2-16-1988; Ord. No. 1040 §1, 4-19-1994; Ord. No. 1358 §1, 5-16-2006; Ord. No. 1538 §1, 8-19-2014; Section 500.040, Cost of Permits, adopted and/or amended by R.O. 2012 §505.040; CC 1988 §505.040; Ord. No. 146 §2, 3-9-1959; Ord. No. 495 §§1 — 3, 9-16-1980; Ord. No. 1273 §1, 12-17-2002; Ord. No. 1358 §1, 5-16-2006; Section 500.045, Work Under Demolition Permit Generally, adopted and/or amended by R.O. 2012 §505.045; Ord. No. 1317 §1, 5-18-2004; Section 500.050, Form of Application, adopted and/or amended by R.O. 2012 §505.050; CC 1988 §505.050; Ord. No. 146 §2 ¶6, 3-9-1959; Section 500.060, Drawings and Specifications, adopted and/or amended by R.O. 2012 §505.060; CC 1988 §505.060; Ord. No. 146 §2 ¶7, 3-9-1959; Ord. No. 960, 6-16-1992; Ord. No. 1302 §1, 1-20-2004; Ord. No. 1344 §1, 9-20-2005; Ord. No. 1427 §1, 8-19-2008; 500.070, Approval of Drawings and Specifications On Compliance With Building Code, adopted and/or amended by R.O. 2012 §505.070; CC 1988 §505.070; Ord. No. 146 §2 ¶8, 3-9-1959; Section 500.080, adopted and/or amended by R.O. 2012 §505.080; CC 1988 §505.080; Ord. No. 146 §2 ¶9, 3-9-1959; Section 500.085, Certain Construction Activities — Hours Permitted, adopted and/or amended by R.O. 2012 §505.085; CC 1988 §505.085; Ord. No. 1085 §1, 6-8-1995; Ord. No. 1207 §1, 10-19-1999; Section 500.090, Revocation of Permits, adopted and/or amended by R.O. 2012 §505.090; CC 1988 §505.090; Ord. No. 146 §2 ¶10, 3-9-1959; Section 500.100, adopted and/or amended by R.O. 2012 §505.100; CC 1988 §505.100; Ord. No. 146 §2 ¶11, 3-9-1959; Section 500.110, Cash Deposit Required — Refund When, adopted and/or amended by R.O. 2012 §505.110; CC 1988 §505.110; Ord. No. 231 §§1 — 2, 1-18-1966; Section 500.120, Bond Required, adopted and/or amended by R.O. 2012 §505.120; CC 1988 §505.120; Ord. No. 798, 5-15-1990; Ord. No. 1232 §1, 12-19-2000; Section 500.130, Buildings To Be Altered — Examination By Building Commissioner, adopted and/or amended by R.O. 2012 §505.130; CC 1988 §505.130; Ord. No. 146 §2 ¶3, 3-9-1959; Section 500.140, Alterations To Conform To This Title, adopted and/or amended by R.O. 2012 §505.140; CC 1988 §505.140; Ord. No. 146 §2 ¶4, 3-9-1959; Section 500.150, Reconstruction of Building Damaged By Fire or Other Act of God, adopted and/or amended by R.O. 2012 §505.150; CC 1988 §505.150; Ord. No. 146 §2 ¶5, 3-9-1959; Ord. No. 1251 §1, 9-18-2001; Section 500.160, Inspection of Buildings, adopted and/or amended by R.O. 2012 §505.160; CC 1988 §505.160; Ord. No. 146 §2 ¶12, 3-9-1959; Section 500.170, Duty To Notify Building Commissioner When Ready For Inspection, adopted and/or amended by R.O. 2012 §505.170; CC 1988 §505.170; Ord. No. 146 §2 ¶13, 3-9-1959; Ord. No. 1273 §1, 12-17-2002; Section 500.180, Duty of Excavators and Adjoining Owners, adopted and/or amended by R.O. 2012 §505.180; CC 1988 §505.180; Ord. No. 146 §2 ¶14, 3-9-1959; Section 500.190, Access To Premises of Adjoining Owner, adopted and/or amended by R.O. 2012 §505.190; CC 1988 §505.190; Ord. No. 146 §2 ¶15, 3-9-1959; Section 500.200, Quality of Materials, adopted and/or amended by R.O. 2012 §505.200; CC 1988 §505.200; Ord. No. 146 §2 ¶16, 3-9-1959; and Section 500.205, Requirements Relating To Construction Sites, adopted and/or amended by R.O. 2012 §505.205; Ord. No. 1303 §1, 1-20-2004; were repealed 8-23-2016 by Ord. No. 1572 § 2.
[R.O. 2012 §505.207; Ord. No. 1305 §1, 2-17-2004]
A.
Temporary Or Safety Fencing. The use of temporary fencing
shall be of limited duration for safety purposes at construction sites
and/or for the protection of the public from a dangerous condition
of land or improvements to land. Prior to installation of temporary
or safety fencing, any person (other than in an emergency situation)
seeking to install such fencing shall submit a plan showing the details
of the placement of the fencing and the specifications for the fencing
to the Building Commissioner for approval. In the case of an emergency,
the person shall as soon as possible submit the fencing plan for approval.
Safety fencing must be highly visible and durable for maximum protection.
Acceptable temporary fencing materials are plastic mesh, wood roll
fencing or other temporary fencing material approved by the Building
Commissioner. Temporary fencing shall not be used as permanent fencing.
Temporary fencing shall be removed within forty-eight (48) hours of
substantial completion of construction or the abatement of the circumstances
necessitating the safety fencing.
B.
Permanent Fencing. In addition to requirements for fencing set forth in Section 415.060(A)(3), primary materials acceptable for use in permanent fencing are wood (timber paling), prefabricated rigid plastic (or PVC), wrought iron (or aluminum simulating wrought iron) or chain link (no fabric or other material may be attached to or woven into a fence to enhance color or provide screening). All support posts for permanent fencing shall extend at least thirty (30) inches beneath the surface upon which the fence is installed. No temporary or safety fencing (i.e., plastic mesh, wood roll fencing or other temporary fencing) shall be used as permanent fencing.
[Ord. No. 1550 §2, 3-17-2015]
[R.O. 2012 §505.209; Ord. No. 1427 §2, 8-19-2008]
A.
Downspout Drainage. The drainage of water from downspouts
must be discharged to daylight (i.e., to the surface) at a minimum
of ten (10) feet inside the property line of the subject lot and the
final grade after the structure has been built or altered must not
result in the discharge of additional surface water on any adjacent
lots. Subject to applicable regulations of the Metropolitan St. Louis
Sewer District, water from downspouts may be diverted by underground
pipes to the gutter of streets adjacent to the owner's lot subject
to the approval of the Building Commissioner.
B.
Sump Pump Water Disposal. The floor base and foundation
perimeter drain shall discharge by gravity or be connected to a basement
floor sump with a sump pump. The sump pump drain shall be piped to
an approved watercourse or in a manner approved by the Code Official
but in no case shall such discharge flow across or onto a sidewalk,
driveway or street or create a nuisance on adjoining properties. Disposal
at grade level shall be no closer than ten (10) feet from a property
line.
[R.O. 2012 §505.210; CC 1988 §505.210; Ord. No. 146 §11, 3-9-1959]
It shall be the duty of the Building Commissioner and his/her
Deputies to enforce this Chapter. The Building Commissioner may, with
the consent and approval of the Board of Aldermen, appoint such Deputies
as may be necessary to carry out the provisions of the Chapters and
ordinances, at such salaries as may be approved by the Board of Aldermen.
[1]
Editor’s Note: Former Section 500.220, Buildings Failing
To Conform To Requirements, adopted and/or amended by R.O. 2012 §505.220;
CC 1988 §505.220; Ord. No. 146 §10 ¶2, 3-9-1959, was
repealed 8-23-2016 by Ord. No. 1572 § 2.
[R.O. 2012 §505.225; Ord. No. 1327 §1, 10-19-2004]
A.
EXCAVATION
FILL
GRADING
LAND DISTURBANCE
SITE
SITE OWNER
Definitions. For the purpose of this Section, the following
terms shall have the following meanings:
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed, and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
Excavation, fill, land disturbance or any combination thereof
and shall include the conditions resulting from any excavation, fill
or land disturbance.
Any removal of trees, groundcover or other vegetation by
means of heavy equipment (including all equipment weighing in excess
of one thousand five hundred (1,500) pounds) or by any means affecting
an area of two thousand (2,000) square feet or more in a period of
one (1) year or less.
Contiguous lots, tracts, projects or subdivisions of a single
owner or several owners.
The owners, contract-owners, developers or occupants, and
any contractors, subcontractors, or builders, agents, employees or
other representatives of the owner, occupant, jointly and severally,
of any site on which grading is taking place or is proposed to take
place.
B.
Permit, Fees And Exceptions.
1.
Permit required — fees. Prior to any grading,
a site owner shall submit an application and pay a fee for, and be
issued, a grading permit from the City.
a.
Fees. Site owner shall submit an application for a grading permit in writing on forms provided by the City of Warson Woods that contains the information set forth in Subsection (C). Site owner shall file the completed application with the City Clerk along with a fee of five hundred dollars ($500.00). The fee is charged to cover the City's expected costs related to inspections of the grading operation. The City may reduce the cost of the permit fee if circumstances indicate that a lesser amount shall sufficiently cover the City's expected costs, but in no event shall the minimum fee for a grading permit be less than two hundred dollars ($200.00). At the end of the project, the City may refund any balance not needed to cover costs.
b.
Validity. The permit shall be valid for one (1)
year. An applicant may apply for an extension of the permit. A permit
extension fee of two hundred dollars ($200.00) shall be charged, and
an additional permit fee may be charged if the estimated cost of grading
has increased, as determined by the Building Commissioner or City
Engineer. The Board of Aldermen shall authorize such extension provided
the applicant demonstrates good cause for same.
2.
Exceptions. A grading permit shall not be required
for grading of a site for or by any:
a.
Governmental agency in connection with a public improvement or public
work;
b.
Site owner for any building additions on, or landscaping of, residential
site considered by the Building Commissioner to be of such a limited
nature, extent and degree so as not to necessitate the protections
provided by this Article; or
c.
Grading in conjunction with a lawfully issued demolition permit under
Section 500.045 or construction/building permit under Section 500.030(A).
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Although a grading permit application and fee is not required in the situations set forth in Subsection (B)(2)(a — c) above, all functional and information requirements of Section 500.225(C — I) shall nonetheless apply to all grading activities, except as may be waived by express authorization of the Building Commissioner as not warranted by the circumstances.
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C.
Application Procedure. The application shall be accompanied
by duplicate copies of the following documents and information:
1.
A contoured development map showing existing contours of the site
and adjoining strips of non-site property and proposed contours after
completion of the proposed grading and development, based on United
States Geological Survey datum, with established elevations at buildings,
walks, drives, street and roads, and information on necessary clearing
and grubbing, removal of existing structures, excavating, filling,
spreading and compacting; the City may further require the development
map to be prepared and sealed by a licensed professional engineer
or land surveyor;
2.
An accurate plat showing the location of the grading site, a description
of the type and features of the soil, and details of all structures,
walls, cribbing and surface protection;
3.
Name and address of owner;
4.
Site address;
5.
Estimated grading quantity;
6.
Details of site drainage system;
7.
Details of site erosion and siltation control, including any siltation
basins;
8.
Construction access to site;
9.
Location of temporary off-street parking; and
10.
The estimated schedule of operations, including the dates of starting
and completion of grading work.
D.
Guarantee. Unless waived by the Building Commissioner, the
site owner shall include with the permit application an escrow, cash
deposit or letter of credit (hereinafter "guarantee") in a sum equal
to that necessary for assurance of completion of the project as may
be required for particular sites but in no case less than one thousand
dollars ($1,000.00). Grading permits shall be issued by the Building
Commissioner after the site owner deposits with the City a sum equal
to that necessary for assurance of completion of the project, assuming
the project has been fully approved by the City of Warson Woods. The
guarantee is intended to secure, and may be used by the City to complete,
the restoration, maintenance and/or rehabilitation of the site and
all affected streets and/or sidewalks if the project is abandoned
or does not proceed in accordance with this Section or the plans as
approved by the City. Any portion of the guarantee amount not expended
or budgeted for expenditure shall be refunded when the grading operation
is completed and soil conditions are stabilized to the satisfaction
of the City. Any amounts expended in excess of the deposit shall be
paid to the City within thirty (30) days.
E.
Standards — Safety Precautions. A permit shall be
issued and shall remain in force only upon compliance with the following
requirements and conditions of issuance:
1.
Surface waters — damage. Adequate provision
shall be made to prevent any surface waters from damaging the cut
face of an excavation or the sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever deemed necessary by the City
to prevent the surface of any excavation or fill from exceeding at
any point the maximum allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain,
natural watercourse or street as approved by the City as a suitable
place to deposit and receive such waters.
4.
Protection of streets, property. No excavation shall
be made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill — location. No fill shall be made so
as to cause or to allow the same to be deposited upon or to roll,
flow or wash upon or over the premises of another without the express
written consent of the owner of such premises so affected; or upon
or over any public street, walk, place or way; nor so close to the
top of a bank of a channel as to create the possibility of bank failure
and sliding.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of banks, borrow pits or other approved
source. Material shall be free of vegetable matter and deleterious
material and shall not contain large rocks or lumps as recommended
in a soils report approved by the City. Grading sites will require
silting basins and/or other mechanisms to prevent mud from washing
onto adjacent properties.
7.
Minimum standards. No excavation shall be made with
a cut face steeper in slope than three (3) horizontal to one (1) vertical
nor shall fill be made which creates an exposed embankment face steeper
in slope than three (3) horizontal to one (1) vertical. The embanked
end of the fill shall be uniformly compacted as provided in paragraph
(8) hereof and stable under the proposed conditions.
8.
Compaction. All fills intended to support buildings
or structures, sewers and conduits shall be compacted to a minimum
of ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1775. Compaction of fills for these uses must be certified
by a registered professional engineer at the owner's expense. Frequency
of compaction tests shall be determined by the Building Commissioner.
Compaction of other fills shall be required where necessary as a safety
measure to aid in preventing the saturation, slipping or erosion of
the fill. The requirements of the City for the compaction of fills
shall include, but shall not be limited to, the following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (0.2) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The natural ground surface shall be prepared by removing topsoil
and vegetation and by compacting the fill upon a series of terraces.
Hillside or slope fills shall require plowing or scarification of
original ground.
c.
Grading on slopes will require silt fencing at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
d.
If fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
e.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. In
heavy rain, interrupted work shall not be resumed until moisture content
is satisfactory. Fill material shall not be placed, spread or rolled
while the ground is frozen or thawing.
f.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
g.
Topsoil disturbed by grading or building operations shall be stripped
and piled for storage in an amount necessary to complete finished
grading only.
9.
Removal of timber, rubbish, etc. Site owners are
required to remove and dispose of timber, logs, felled trees, brush,
vegetable matter and rubbish of any description so as to leave the
disturbed area with a neat and finished appearance and, during the
course of construction or excavation, to clean up all paper, refuse,
sticks, other building waste and all other waste material daily and
to prevent the same from blowing or otherwise being scattered over
adjacent public or private property.
Tree stumps, masonry and other obstructions shall be removed
to the following depths:
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Paved area
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Two (2) feet below subgrade
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Lawn areas
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Two (2) feet below finished grade
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Solid rock, shale or similar materials shall be removed to a
depth of fifteen (15) inches below subgrade for paved areas and two
(2) feet below finish grade for lawn areas except where it is impractical
because of rock out-cropping.
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F.
Inspections, Notice. Inspections may be made by the Building
Commissioner during any stage of fill operations and final approval
shall be required upon completion of operations. The site owner shall
notify the City upon commencement and completion of the grading.
G.
Dirt, Debris And Mud.
1.
Barriers at construction site. After new excavation
or construction is commenced on any lot or tract of land in the City
and until sodding, planting, paving or other final surfacing is in
place that will prevent washing or spreading of dirt and mud onto
other property, sidewalks, curbs, gutters, streets and the space between
sidewalks and curbs, the site owner shall erect and maintain temporary
fencing or other approved barriers to prevent such washing or spreading
of mud or dirt. Dirt and mud on the sidewalks, curbs, gutters and
street and the space between sidewalk and street, resulting from work,
must be removed at the end of each day, and as required throughout
the day, during the course of excavating or construction.
2.
Removing mud from vehicle wheels. The site owner
shall provide all personnel with shovels or other equipment as necessary
to remove dirt from the wheels of all vehicles leaving any grading
site where mud has accumulated on the wheels before such vehicles
enter any public or private street of the City. It shall be unlawful
for any site owner to permit any vehicle to leave such place with
mud on the wheels which is able to be dispersed over any City street
(public or private), and it shall be unlawful for any driver of a
vehicle to enter City streets without having first removed mud from
the wheels. Each occurrence shall be a separate offense.
3.
Spilling materials on streets. The site owners,
jointly and severally, who may load dirt, mud or other materials on
any vehicle at any grading site in the City, during construction or
otherwise, shall so load the same that no portion thereof shall be
spilled or be liable to be spilled on the streets of the City. It
shall be unlawful for any such person to permit any vehicle to enter
upon the streets of the City loaded in violation of this provision,
and it shall be unlawful for any driver to operate a vehicle on the
streets of the City which is loaded in such manner that it spills
or is liable to spill mud, dirt or other materials on the streets.
4.
Boards over sidewalks. Boards, tracks or other protection
must be laid over sidewalks, curbs and gutters to avoid dirt and mud
accumulating therein, as completely as possible, and to prevent breakage
or damage to such installations, of whatever materials constructed.
Damage to walks, curbs and gutters will be repaired by the site owner;
if not, the City may cause to have them repaired at the expense of
the site owner.
5.
Planting ground. Vacant property and improved property,
after excavation and construction is completed, shall be sodded, planted,
concreted, paved or otherwise surfaced within five (5) days to avoid
washing or spreading of dirt and mud onto other property, sidewalks,
curbs, gutters, streets and the space between sidewalks and curbs
prior to issuing an occupancy permit.
6.
Scheduling. Grading shall be accomplished between
the hours of 7:00 A.M. and 6:00 P.M., unless in the case of emergency
or an extension of hours is specifically granted by the Building Commissioner.
7.
Forfeiture of guarantee. Notwithstanding any provision in this Section, the City may, if the site owner fails to remedy any situation that is in violation of this Subsection within ten (10) days of notification by the City of the violation or immediately, if it is an emergency situation, the City may use the funds held as a guarantee to remedy such situation and the site owner shall forfeit such amount of the guarantee established under Subsection (D) of this Section as may be needed to take such remedial measures.
H.
Correction Of Deficiencies. Site owner shall correct all
violations within the time limit specified in the issuance of a written
notice to correct. Action to correct violations which required immediate
action shall be taken upon oral notification to the site owner by
the City. All persons failing to comply with such notice shall be
deemed in violation of this Section. Any usage of the site owner's
guarantee amount shall be followed by a written explanation by the
Building Commissioner of his/her designee describing the condition
corrected and the funds required to complete the corrective action.
Nothing in this Subsection shall prevent prosecution of violations
of this Section in the absence of, or in addition to, the issuance
of a notice of violation.
I.
The
City reserves the right to waive any and all requirements under this
Section when deemed to be in the public interest.
[R.O. 2012 §505.227; Ord. No. 1410 §1, 3-18-2008]
A.
BUFFER
FLOODPLAIN
IMPERVIOUS COVER
LAND DEVELOPMENT
LAND DEVELOPMENT ACTIVITY
LAND DISTURBANCE
LAND DISTURBANCE ACTIVITY
PARCEL
PERMIT
PERSON
REDEVELOPMENT
RIPARIAN
SETBACK
STREAM
1.
2.
STREAM BANK
STREAM CHANNEL
STREAM PROTECTION AREA OR PROTECTION AREA
TRANSPORTATION ROUTE
Definitions. For the purpose of this Section, the following
terms shall have the following meanings:
With respect to a stream, a natural or enhanced vegetated area (established by Subsection (D)(1)(a) below) lying adjacent to the stream.
Any land area susceptible to flooding, which would have at
least a one percent (1%) probability of flooding occurrence in any
calendar year based on the basin being fully developed as shown on
the current land use plan; i.e., the regulatory flood.
Any manmade paved, hardened or structural surface regardless
of material. Impervious cover includes, but is not limited to, rooftops,
buildings, streets, roads, decks, swimming pools and any concrete
or asphalt.
Any land change including, but not limited to, clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving and any other
installation of impervious cover.
Those actions or activities which comprise, facilitate or
result in land development.
Any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging,
grading, excavating, transporting and filling of land, that do not
involve construction, paving or any other installation of impervious
cover.
Those actions or activities which comprise, facilitate or
result in land disturbance.
Any plot, lot or acreage shown as a unit on the latest County
tax assessment records.
The permit issued by the City required for undertaking any
land development activity.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, City, County or other
political subdivision of the State, any interstate body or any other
legal entity.
The replatting of a parcel or parcels of land for the purpose
of renovating or improving a parcel or parcels of land.
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
With respect to a stream, the area established by Section 500.227(D)(1)(b) extending beyond any buffer applicable to the stream.
Any stream, beginning at:
All natural watercourses depicted by a solid or dashed blue
line on the most current United States Geological Survey (U.S.G.S.)
7.5 Minute Series (Topographic) Maps for Missouri; or
A point in the stream channel with a drainage area of twenty-five
(25) acres or more.
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A "stream" shall not include any natural watercourse that has
been contained, flow-controlled and/or directed by a manmade conveyance
system.
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The sloping land that contains the stream channel and the
normal flows of the stream. Where no established top-of-bank can be
determined, the stream bank will be the "ordinary high water mark"
as defined by the Corps of Engineers in Title 33 of the Code of Federal
Regulation, Part 328.3.
The portion of a watercourse that contains the base flow
of the stream.
With respect to a stream, the combined areas of all required
buffers and setbacks applicable to such stream.
An open, generally public way for the passage of vehicles
and people including roads, streets, roadway right-of-way, sidewalks,
paths, trails, bridges or rail tracks.
B.
Findings And Purposes.
1.
Findings. Whereas, the Board of Aldermen of the
City finds that buffers adjacent to streams provide numerous benefits
including:
a.
Protecting, restoring and maintaining the chemical, physical and
biological integrity of streams and their water resources;
b.
Removing pollutants delivered in urban stormwater;
c.
Reducing erosion and controlling sedimentation;
d.
Protecting and stabilizing stream banks;
e.
Providing for infiltration of stormwater runoff;
f.
Maintaining base flow of streams;
g.
Contributing organic matter that is a source of food and energy for
the aquatic ecosystem;
h.
Providing tree canopy to shade streams and promote desirable aquatic
habitat;
i.
Providing riparian wildlife habitat;
j.
Furnishing scenic value and recreational opportunity; and
k.
Providing opportunities for the protection and restoration of greenspace.
2.
Purposes. The purpose of this Section is to protect
the public health, safety, environment and general welfare; to minimize
public and private losses due to erosion, siltation and water pollution;
and to maintain stream water quality by provisions designed to:
C.
Applicability. This Section shall apply to all land development activity in conjunction with redevelopment on property containing a stream protection area as defined in Subsection (A) of this Section. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or floodplain requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations.
1.
Grandfather provisions: This Section shall not
apply to the following activities:
a.
Work consisting of the repair or maintenance of any lawful use of
land that is zoned and approved for such use on or before the effective
date of this Section;
b.
Existing development and ongoing land disturbance activities including,
but not limited to, existing agriculture, silviculture, landscaping,
gardening and lawn maintenance, except that new development or land
disturbance activities on such properties will be subject to all applicable
buffer requirements;
c.
Any land development activity that is under construction, fully approved
for development, scheduled for permit approval or has been submitted
for approval as of the effective date of this Section; or
d.
Land development activity that has not been submitted for approval,
but that is part of a larger master development plan, such as for
an office park or other phased development that has been previously
approved within two (2) years of the effective date of this Section.
2.
Exemptions. The following specific activities are
exempt from this Section. Exemption of these activities does not constitute
an exemption for any other activity proposed on a property.
a.
Activities for the purpose of building one (1) of the following:
(1)
A stream crossing by a driveway, transportation route or utility
line;
(2)
Public water supply intake or public wastewater structures or
stormwater outfalls;
(3)
Intrusions necessary to provide access to a property;
(4)
Public access facilities that must be on the water including
boat ramps, docks, foot trails leading directly to the river, fishing
platforms and overlooks;
(5)
Unpaved foot trails and paths; or
(6)
Activities to restore and enhance stream bank stability, vegetation,
water quality and/or aquatic habitat, so long as native vegetation
and bioengineering techniques are used.
(7)
Addition, renovation, demolition and construction on a lot of
record that does not constitute redevelopment.
b.
Public sewer line easements. This includes such
impervious cover as is necessary for the operation and maintenance
of the utility including, but not limited to, manholes, vents and
valve structures.
c.
Land development activities of a governmental entity within a right-of-way.
d.
Within an easement of any utility existing at the time this Section
takes effect or approved under the terms of this Section, land disturbance
activities and such impervious cover as is necessary for the operation
and maintenance of the utility including, but not limited to, manholes,
vents and valve structures.
e.
Emergency work necessary to preserve life or property. However, when
emergency work is performed under this Section, the person performing
it shall report such work to the City Clerk on the next business day
after commencement of the work. Within five (5) business days thereafter,
the person shall apply for a permit and complete such work as expeditiously
as possible and perform any remedial work the City determines is reasonably
necessary to correct any impairment such emergency work may have caused
to the water conveyance capacity, stability or water quality of the
protection area.
f.
Forestry and silviculture activities on land that is zoned for forestry,
silvicultural or agricultural uses and are not incidental to other
land development activity. If such activity results in land disturbance
in the buffer that would otherwise be prohibited, then no other land
disturbing activity other than normal forest management practices
will be allowed on the entire property for three (3) years after the
end of the activities that intruded on the buffer.
g.
Any activities approved under a 404 permit issued by the Corps of
Engineers and 401 water quality certification issued by the Missouri
Department of Natural Resources.
h.
Normal use of property in conjunction with a single-family residential
use.
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After the effective date of this Section, it shall apply to
all new subdividing and platting activities.
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Except as set forth herein, any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Subsection (E)(2) below.
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D.
Land Development Requirements.
1.
Buffer and setback requirements: All land development
activity subject to this Section shall meet the following requirements:
a.
For streams depicted as a solid blue line on the U.S.G.S. map, an
undisturbed natural vegetative buffer shall be maintained for fifty
(50) feet, measured horizontally, on both banks (as applicable) of
the stream as measured from the top of the stream bank. For all other
streams subject to this Section, an undisturbed natural vegetative
buffer shall be maintained for twenty-five (25) feet, measured horizontally,
on both banks (as applicable) of the stream as measured from the top
of the stream bank.
b.
An additional setback shall be maintained for twenty-five (25) feet,
measured horizontally, beyond the undisturbed natural vegetative buffer,
in which all impervious cover shall be prohibited. Grading, filling
and earthmoving shall be minimized within the setback.
c.
No septic tanks or septic tank drain fields shall be permitted within
the buffer or the setback.
E.
Variance Procedures. Variances from the above buffer and
setback requirements may be requested by any person aggrieved by a
denial of any permit hereunder in accordance with the following provisions:
1.
Where a parcel was platted prior to the effective date of this Ordinance,
and its shape, size, topography or other existing physical condition
prevents land development consistent with this Section, the Board
of Adjustment shall have the authority to grant a variance from the
buffer and setback requirements hereunder.
2.
Except as provided above, the Board of Adjustment shall grant no variance from any provision of this Section without first conducting a public hearing on the application for variance and authorizing the granting of the variance pursuant to Chapter 410 of the Municipal Code.
3.
Variances will be considered only in the following cases:
a.
When a property's shape, platted size, topography or other physical
conditions existing at the time of the adoption of this Section prevents
land development unless a buffer variance is granted.
b.
Unusual circumstances when strict adherence to the minimal buffer
requirements in the Section would create a practical difficulty or
undue hardship ("hardship").
4.
Variances will not be considered when, following adoption of this
Section, actions of any property owner of a given property have created
conditions of a hardship on that property.
5.
At a minimum, a variance request shall include the following information:
a.
A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features as determined by field survey;
b.
A description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
c.
A detailed site plan that shows the locations of all existing and
proposed structures and other impervious cover, the limits of all
existing and proposed land disturbance, both inside and outside the
buffer and setback. The exact area of the buffer to be affected shall
be accurately and clearly indicated;
d.
Detailed explanation of the hardship applicant would suffer should
the buffer be maintained;
e.
At least one (1) alternative plan, which does not include a buffer
or setback intrusion, or an explanation of why such a site plan is
not possible;
f.
A calculation of the total area and length of the proposed intrusion;
g.
A stormwater management site plan, if applicable; and
h.
Proposed mitigation, if any, for the intrusion. If no mitigation
is proposed, the request must include an explanation of why none is
being proposed.
6.
The following factors will be considered in determining whether to
issue a variance:
a.
The shape, size, platting, topography, slope, soils, vegetation and
other physical characteristics of the property;
b.
The location of the stream on the property;
c.
The location and extent of the proposed buffer or setback intrusion;
and
d.
Whether alternative designs are possible which require less intrusion
or no intrusion;
e.
The long-term and construction water-quality impacts of the proposed
variance;
f.
Whether issuance of the variance is at least as protective of natural
resources and the environment;
g.
Whether the requirements of this Section prohibit the otherwise lawful
use of the property by the owner;
h.
Whether any mitigation measures are required to offset the effects
of any proposed land development on the parcel.
F.
Compatibility With Other Regulations And Requirements. This
Section is not intended to interfere with, abrogate or annul any other
ordinance, rule or regulation, Statute or other provision of law.
The requirements of this Section should be considered minimum requirements,
and where any provision of this Section imposes restrictions different
from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall
be considered to take precedence.
G.
Additional Information Requirements For Development On Buffer Zone
Properties.
1.
Any permit applications for property requiring buffers and setbacks
hereunder must include the following:
a.
A site plan showing:
(1)
The entire property including the location of the stream;
(2)
Limits of required stream buffers and setbacks on the property;
(3)
Buffer zone topography with contour lines at no greater than
five (5) foot contour intervals;
(4)
Delineation of vegetated and open areas in the buffer zone;
and
(5)
Proposed land development in the buffer and of all proposed
impervious cover within the setback;
b.
A description of all proposed land development within the buffer
and setback; and,
c.
Any other documentation that the City may reasonably deem necessary
for review of the application and to insure that this Section is addressed
in the approval process.
2.
All buffer and setback areas must be recorded on the final plat of the property following plan approval. The final plat shall contain a note to reference the vegetated buffer that states: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Stream Buffer Protection Ordinance, Section 500.227 of the Municipal Code."
H.
Responsibility. Neither the issuance of a building, land
disturbance or other development permit nor compliance with the conditions
thereof nor with the provisions of this Section shall relieve any
person from any responsibility otherwise imposed by law for damage
to persons or property; nor shall the issuance of any permit hereunder
serve to impose any liability upon the City, its officers or employees
for injury or damage to persons or property.
I.
Inspection. The City may cause inspections of the work in
the buffer or setback to be made periodically during the course thereof
and shall make a final inspection following completion of the work.
The permittee shall assist the City in making such inspections. The
City shall have the authority to conduct such investigations as it
may reasonably deem necessary to carry out its duties as prescribed
in this Section, and for this purpose to enter at reasonable time
upon any property, public or private, for the purpose of investigating
and inspecting the sites of any land development activities within
the protection area. No person shall refuse entry or access to any
authorized representative or agent who requests entry for purposes
of inspection, and who presents appropriate credentials, nor shall
any person obstruct, hamper or interfere with any such representative
while in the process of carrying out official duties.
J.
Violations, Enforcement And Penalties. Any action or inaction
which violates the provisions of this Section shall be subject to
the enforcement actions and penalties provided in Section 540.010.
Any such action or inaction which is continuous with respect to time
is deemed to be a public nuisance and may be abated by injunctive
or other equitable relief. The imposition of any penalties shall not
prevent such equitable or any other relief.
[1]
Editor’s Note: Former Section 500.230, Penalty, adopted
and/or amended by R.O. 2012 §505.230; Ord. No. 1397 §8,
6-19-2007; and Section 500.240, Appeals, adopted and/or amended by
R.O. 2012 §505.240; Ord. No. 1305 §2, 2-17-2004; were repealed
8-23-2016 by Ord. No. 1572 § 2.
