[Ord. No. 5075 §1, 7-2-2008]
A. This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Article
II of this Chapter. 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 does 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 Chapter 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 Chapter.
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 Chapter.
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 Chapter.
e. Along
streams improved with a rock or concrete channel, which are shown
with a dashed blue line on the U.S.G.S. map, in said areas with combination
storm and sanitary sewers, existing development and minor redevelopment
is exempt from the buffer requirement; provided that no future improvements
occur which will increase sediment runoff into the streams. "Minor redevelopment" is defined as infill housing and residential
accessory uses. Infill housing must provide mitigation methods to
prevent any significant increase in stormwater runoff.
2. Exemptions. The following specific activities are exempt
from this Chapter. 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;
(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.
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. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Subsection
(2)(a) above.
c. Land
development activities within a right-of-way existing at the time
this Chapter takes effect or approved under the terms of this Chapter.
d. Within
an easement of any utility existing at the time this Chapter takes
effect or approved under the terms of this Chapter, 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 Richmond Heights Building Department on the
next business day after commencement of the work. Within ten (10)
days thereafter, the person shall apply for a permit and perform such
work within such time period as may be determined by the Richmond
Heights Building Department to be 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.
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After the effective date of this Chapter, it shall apply to
new subdividing and platting activities.
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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 Section 243.300(B) below.
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