[R.O. 2008 §243.300; Ord. No. 2370 §1, 5-13-2008; Ord. No. 2738, 1-25-2022]
A. 
For streams depicted on a U.S.G.S. map, all land development activity subject to this Chapter shall meet the following requirements:
1. 
Buffer. Undisturbed natural vegetative buffer shall be provided for streams depicted as:
a. 
Solid blue line. For streams depicted on a U.S.G.S. map as a solid blue line, 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.
b. 
All other streams. All other streams depicted on a U.S.G.S. map, 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.
c. 
Waivers. The Planning and Community Design Commission may consider waiving the requirement for an undisturbed natural vegetative buffer if the stream depicted on a U.S.G.S. map has been modified in such a way the stream bank:
(1) 
No longer exists; or
(2) 
The natural state of the bank has been artificially modified or constructed by means of concrete or gabion cage wall system.
In authorizing the waiving of the undisturbed natural vegetative buffer, any inlets within the buffer setback which direct stormwater water into the stream must be provided an approved above ground filter system consistent with the BMP standards under Chapter 422, Stormwater Management, as approved by the Commission to minimize sediment from entering the stream.
d. 
In the event that the stream depicted on the U.S.G.S. map is no longer in visible existence, no undisturbed natural vegetative buffer is required.
2. 
Setback. All undisturbed natural vegetative buffers required under this Section shall provide an additional 25-foot setback from:
a. 
The boundaries of the undisturbed natural vegetative buffer provided under Section 420.060(A)(1)(a) and (b); or
b. 
In cases in which the undisturbed natural vegetative buffer is waived, the setback shall be required and measured from the established high-water mark along the stream bank; or
c. 
In cases in which the stream depicted on the U.S.G.S. map is no longer in visible existence, no setback under this Section is required.
No impervious cover shall be permitted in any required setback. Grading, filling and earthmoving shall be minimized within the setback.
3. 
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
[R.O. 2008 §243.310; Ord. No. 2370 §1, 5-13-2008]
A. 
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
1. 
A site plan showing:
a. 
The location of all streams on the property;
b. 
Limits of required stream buffers and setbacks on the property;
c. 
Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;
d. 
Delineation of forested and open areas in the buffer zone; and
e. 
Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback.
2. 
A description of all proposed land development within the buffer and setback; and
3. 
Any other documentation that the Public Services Department may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process.
All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Olivette Stream Buffer Protection Ordinance No. 2370."
[R.O. 2008 §243.320; Ord. No. 2370 §1, 5-13-2008]
Neither the issuance of a development permit nor compliance with the conditions thereof nor with the provisions of this Chapter 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 Olivette, its officers or employees for injury or damage to persons or property.
[R.O. 2008 §243.330; Ord. No. 2370 §1, 5-13-2008]
A. 
The Public Services Department 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 Public Services Department in making such inspections. The Public Services Department shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Chapter 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.
B. 
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.
[R.O. 2008 §243.340; Ord. No. 2370 §1, 5-13-2008]
A. 
Any action or inaction which violates the provisions of this Chapter or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. 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 of the penalties described below shall not prevent such equitable relief.
1. 
Notice of violation. If the Public Services Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Chapter without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
The notice of violation shall contain:
a. 
The name and address of the owner or the applicant or the responsible person;
b. 
The address or other description of the site upon which the violation is occurring;
c. 
A statement specifying the nature of the violation;
d. 
A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Chapter and the date for the completion of such remedial action;
e. 
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
f. 
A statement that the determination of violation may be appealed to the Board of Adjustment by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient).
2. 
Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Public Services Department shall first notify the applicant or other responsible person in writing of its intended action and shall provide a reasonable opportunity of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Public Services Department may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties.
a. 
Stop work order. The Public Services Department may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.
b. 
Withhold certificate of occupancy. The Public Services Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
c. 
Suspension, revocation or modification of permit. The Public Services Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Public Services Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
d. 
Penalties. For violations of this Chapter, the Public Services Department may issue a citation to the applicant or other responsible person, requiring such person to appear in Olivette Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for ninety (90) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.