[Ord. No. 08-1852 §1, 2-19-2008]
The primary purpose of the stream buffer protection standards
is to maintain land adjacent to streams in a vegetated state in order
to enhance and maintain water quality, protect stream channel wetlands,
minimize stormwater runoff, reduce sedimentation and erosion, conserve
plant and wildlife habitat, and protect wildlife movement corridors.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
These
stream buffer protection standards shall apply to intermittent streams,
perennial streams and ponds and lakes. Stream buffers shall be clearly
indicated on all development plans, site plans, preliminary plats
and final plats.
B.
Where
maps show a difference in stream type for a particular reach of stream,
the City approved map that shows the greater level of stream protection
shall apply as determined applicable.
[Ord. No. 08-1852 §1, 2-19-2008]
Stream buffers shall be required on each side of the stream
and shall begin at the most landward limit of the top of the bank,
perpendicular to the direction of stream flow. Stream buffers for
both intermittent and perennial streams shall be a minimum of thirty
(30) feet in width, unless otherwise provided by the City's Planning
and Zoning Commission.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
Land
within the stream buffer shall not be included in calculations of
minimum lot size requirements.
B.
Buildings
and other features that require grading and construction shall be
set back at least ten (10) feet from the edge of the stream buffer.
C.
To avoid
a loss of effectiveness in protecting streams, the stream buffer shall
remain in a natural, undisturbed state, except as provided by this
Section or as allowed pursuant to a waiver granted by the City's Planning
and Zoning Commission during the site plan approval process.
D.
In cases
where natural stream buffer vegetation is determined undesirable and
a nuisance, the buffer may be landscaped and revegetated in a manner
approved by the Planning and Zoning Commission.
E.
All construction
shall be designed and constructed to minimize the amount of intrusion
into the stream buffer and to minimize clearing, grading, erosion
and water quality degradation.
F.
Crossing
of stream buffer by streets, driveways, recreational features, utilities,
bridges or other facilities shall be permitted provided such crossing
is designed to minimize the amount of intrusion into the stream buffer.
Such construction may run generally within and parallel to the stream
buffer only where no alternative location is practical and when such
minimizes the amount of intrusion into the stream buffer.
G.
Stormwater
control structures and temporary erosion control structures shall
be considered utilities for the purposes of this Section and shall
be permitted in a stream buffer, provided:
1.
The
property owner or applicant demonstrates to the satisfaction of the
City Engineer or his/her designee that such facilities cannot be practicably
located outside of the stream buffer and that any proposed stormwater
control structure is sited and designed to minimize disturbance of
the stream and stream buffer. Siting stormwater control structures
away from the stream channel shall be considered preferable to siting
such structures in the stream channel;
2.
Alternate
methods of stormwater and erosion control shall be considered prior
to approval of such structures in the stream buffers; and
3.
A vegetated
buffer of a width determined by the City Engineer or his/her designee
may be required around any stormwater control structures located within
a stream buffer.
H.
For development
on lots of record created prior to January 1, 1997, septic system
drain field repair areas may be allowed in a stream buffer, provided:
1.
The
intrusion into the stream buffer is the minimum necessary;
2.
The
intrusion shall not result in an undisturbed stream buffer of less
than thirty (30) feet; and
3.
The
property owner or applicant demonstrates to the satisfaction of the
St. Louis County Health Department that the repair area cannot be
located outside of the stream buffer.
I.
Sanitary
sewer lines on an alignment generally parallel to the stream may be
allowed in a stream buffer, provided that:
1.
MSD
and the developer demonstrate to the satisfaction of the City Engineer
or his/her designee that the lines cannot be practicably located outside
of the stream buffer;
2.
Design
and construction specifications minimize damage to the stream and
the possibility of line leakage; and
3.
The
line is generally located at least fifteen (15) feet from the top
of the stream bank and the easement is no closer than ten (10) feet
from the top of the bank wherever possible.
J.
Stream
buffers may be used for passive recreational activities such as trails,
provided that service facilities for such activities including, but
not limited to, parking, picnicking and sanitary facilities are located
outside of the stream buffer.
K.
Site
plan approval by the City's Planning and Zoning Commission shall be
required for any stream buffer intrusion. When any of the activities
described above involves land clearing, the cleared area shall be
revegetated in a manner described on the site plan; however, where
a site plan is not required by any other provision of this Chapter,
the City Engineer or his/her designee is authorized to approve plans
for erosion control structures in stream buffers.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
Perennial
streams may be piped, thereby exempting the piped section of the stream
from stream buffer requirements, only when allowed by the Planning
and Zoning Commission and not be in conflict with the USCOE 404 permit
conditions. A USCOE 404 permit may be required when:
1.
The
site plan proposing perennial stream piping includes features on the
site, such as Best Management Practices, that provide water quality
benefits at least equal to those of the stream buffer; and
2.
The
proposed perennial stream piping is not substantially in conflict
with the other objectives of this Chapter.
B.
Intermittent
streams may be piped where there is no conflict with the USCOE 404
permit conditions, thereby exempting the piped section of the stream
from stream buffer requirements, only when the Planning and Zoning
Commission or, for projects that do not require a site plan by any
other provision of this Chapter, the City Engineer or his/her designee
determines that:
1.
The
site plan proposing intermittent stream piping includes features on
the site, such as Best Management Practices, that provide water quality
benefits at least equal to those of the stream buffer; and
2.
The
proposed intermittent stream piping is not substantially in conflict
with the other objectives of this Chapter.
C.
Where
stream piping is approved, a vegetated buffer area or other device
approved by the City Engineer or his/her designee shall be provided
at any intake structure. All buffers and physical improvements related
to the stream piping shall be located entirely on the site or on easements
adjacent to the site.
D.
Intermittent
streams may only be piped if a USCOE 404 permit is obtained or is
formally determined not to be required.
[Ord. No. 08-1852 §1, 2-19-2008]
A.
Non-structural
BMPs are beneficial to stormwater site designs. They can reduce the
generation of stormwater from the site and preserve environmentally
sensitive areas. Some acceptable methods of BMP are:
[Ord. No. 08-1852 §1, 2-19-2008]
Refer to Chapter 410 of the City of Manchester Code of Ordinances.
