[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §1, 6-26-2002]
A.
Vegetated
buffers adjacent to natural watercourses provide numerous environmental
protection and resource management benefits that can include the following:
1.
Reducing flood impacts by absorbing peak flows and slowing the velocity
of floodwaters;
2.
Benefitting the community economically by minimizing encroachment
on natural watercourses and the need for costly engineering solutions;
by reducing property damage and threats to safety of watershed residents;
by contributing to the scenic beauty and environment of the community,
and thereby preserving the character of the community, improving the
quality of life of its residents, and increasing the value of their
property;
3.
Providing infiltration of stormwater and runoff, and reducing impervious
surfaces;
4.
Stabilizing banks of natural watercourses;
5.
Reducing sediment and erosion along natural watercourses;
6.
Removing pollutants from stormwater;
7.
Restoring and maintaining the chemical, physical and biological integrity
of the water resources;
8.
Maintaining base flows of natural watercourses;
9.
Contributing organic matter that is a source of food and energy for
the aquatic ecosystem;
10.
Providing tree canopy to shade natural watercourses;
11.
Providing habitat to a wide array of wildlife by maintaining diverse
interconnected riparian vegetation;
12.
Furnishing recreational opportunities; and
13.
Allowing areas for natural watercourses to meander naturally reducing
infrastructure and property damage.
B.
It
is the policy of St. Charles County to protect and maintain the native
vegetation adjacent to natural watercourses by implementing specifications
for the establishment, protection and maintenance of a vegetated buffer
along all natural watercourses under St. Charles County's jurisdiction
which are left in their natural state.
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §2, 6-26-2002]
The purpose of this Article is to establish minimal acceptable
requirements for the design of vegetated buffers to protect the natural
watercourses of all watersheds within unincorporated St. Charles County
which are left in their natural state; to protect the water quality
of watercourses, reservoirs, lakes and other significant water resources
within these watersheds; to protect riparian and aquatic ecosystems
within these watersheds; to provide for the environmentally sound
use of land and aquatic resources within these watersheds.
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §3, 6-26-2002; Ord.
No. 03-142 §1(72—73), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007]
A.
Application.
1.
This Article shall apply to all proposed development except for that
development which meets waiver or adjustment criteria as provided
in this Article.
[Ord. No. 14-110 §1, 12-15-2014]
2.
This Article shall apply to surface mining operations except that this Article's standards in Section 405.5025 shall not apply to active surface mining operations that are operating in compliance with Missouri Department of Natural Resources surface mining permit.
3.
Except as provided in Section 405.5026(A) and Section 405.5026(B)(5), this Article shall not apply to land used primarily for agricultural or farming purposes.
B.
Requirements.
1.
All natural watercourses depicted on the most current United States
Geological Survey (U.S.G.S) 7.5 Minute Series (Topographic) Maps for
St. Charles County, Missouri, shall be left in their natural state.
2.
All natural watercourses left in their natural state shall be flanked
with vegetated buffers meeting the requirements of this Article.
3.
Within such vegetated buffers, there shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of this Article.
4.
Development along natural watercourses that are left in their natural
state shall have residential, commercial or industrial improvements,
parking areas, driveways and in all subdivisions, except those with
lots three (3) acres or larger in size, lot lines set back from the
top of the existing stream bank or the 10-year, twenty-four (24) hour
or 15-year, twenty (20) minute water surface elevation where no established
top-of-bank can be determined, all as provided by this Article. In
the case of subdivision plats, except those with lots three (3) acres
or larger in size, the watercourse and the above-mentioned setback
area shall be preserved and made the responsibility of the subdivision
trustees. In the case of a subdivision with lots three (3) acres or
larger in size, site plan, commercial, industrial or private site,
the watercourse and the above-mentioned setback area shall be preserved
and made the responsibility of the property owner(s). Permanent vegetation
and existing ground elevation and grades within the above-mentioned
setback area shall be left intact and undisturbed, except as permitted
by this Article.
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §4, 6-26-2002; Ord.
No. 03-142 §1(74—76), 10-1-2003]
A.
A
vegetated buffer plan shall be submitted in conjunction with or as
part of any grading plan or site plan for any development (if such
grading plan or site plan is required by this Unified Development
Ordinance), and the vegetated buffer shall be clearly delineated on
any grading plan or site plan.
B.
The
vegetated buffer plan shall contain the following information:
1.
A location or vicinity map;
2.
Field-surveyed natural watercourses which are left in their natural
state;
3.
Field-surveyed vegetated buffers adjacent to natural watercourses
which are left in their natural state;
4.
Proposed clearing or grading limits;
5.
Limits of the 100-year flood plain and floodway as identified on
the official FIRM.
C.
Boundary
markers locating the boundaries of vegetated buffers and the clearing/grading
limits shall be installed prior to final approval of the required
clearing and grading plan.
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §5, 6-26-2002]
A.
A
vegetated buffer for a natural watercourse which is left in its natural
state shall consist of a vegetated strip of land extending along both
sides of a natural watercourse.
B.
The
vegetated buffer shall begin at the edge of the bank of the natural
watercourse.
C.
For
those sites where vegetation does not exist, developers or owners
shall allow the vegetated buffer to succeed naturally.
E.
The
following land uses and/or activities are designated as potential
water pollution hazards and must be set back from any natural watercourse
left in its natural state by the distance indicated below:
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 03-142 §1(77—79), 10-1-2003; Ord.
No. 07-040 §1, 3-13-2007]
A.
Installation
or removal of berms or dams across natural watercourses that are depicted
on the most current United States Geological Survey 7.5 Minute Series
(Topographic) Maps for St. Charles County, Missouri, that cause or
caused the impoundment of stormwater are permitted only with the approval
of the Governing Body.
B.
The
vegetated buffer shall be managed to enhance and maximize its value
and effectiveness. Management includes specific limitations on altering
the natural conditions of the buffer. The following practices and
activities are permitted only with the express written approval of
the Director of Community Development:
1.
Clearing of existing vegetation;
2.
Soil disturbance by grading, stripping, or other practices;
3.
Filling or dumping;
4.
Drainage by ditching;
5.
Installation or removal of berms or dams across natural watercourses
that are not depicted on the most current United States Geological
Survey 7.5 Minute Series (Topographic) Maps for St. Charles County,
Missouri, that cause the impoundment of stormwater.
C.
The
following structures, practices and activities are permitted in the
vegetated buffer, with specific design or maintenance features, subject
to the review by the Director of the Division of Planning and Zoning
and Director of the Division of Development Review:
1.
Roads, bridges and utilities (including sanitary and storm
sewers). The right-of-way shall be the minimum width needed
to allow for maintenance access and installation. The angle of the
right-of-way or utility crossing shall be perpendicular to the natural
watercourse or vegetated buffer in order to minimize clearing requirements.
Plats and site plans shall include only the minimum number possible
of such crossings.
2.
Paths, including hard-surfaced trails.
D.
Buffer
restoration projects approved by the Director of the Division of Planning
and Zoning are permitted within the vegetated buffer.
E.
Water
quality monitoring and stream gauging are permitted within the vegetated
buffer.
F.
Trash
and debris and individual trees within the vegetated buffer that are
in danger of falling, causing damage to dwellings or other structures,
or causing blockage of the natural watercourse may be removed.
G.
Material
dredged or removed during development authorized under this Section
shall be stored outside the vegetated buffer.
[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 03-142 §1(80), 10-1-2003; Ord.
No. 14-110 §2, 12-15-2014]
A.
The
Director of Community Development or his/her designee may grant a
waiver allowing the vegetated buffer to be disturbed only in cases
of public purpose and necessity or only upon the Director's approval
of designed streambank or site-development erosion control measures.
B.
The Director of Community Development or his/her designee, upon written application by a property owner, may adjust the provisions of Section 405.5026, above, to allow a new accessory structure to encroach on the vegetated buffer, if the Director makes the following determinations based on the application and the records of the Department of Community Development.
[Ord. No. 02-004 §1, 1-30-2002]
