[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:
(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.
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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.
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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.
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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."
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[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.