[Ord. No. 5069 §1, 11-10-2008]
This Chapter shall be known as the "The City of Creve Coeur
Stream Buffer Protection Ordinance".
[Ord. No. 5069 §2, 11-10-2008]
A.
Findings. Whereas, the City Council of the City of Creve
Coeur finds that buffers adjacent to streams provide numerous benefits
including:
1.
Protecting,
restoring and maintaining the chemical, physical and biological integrity
of streams and their water resources.
2.
Removing
pollutants delivered in urban stormwater.
3.
Reducing
erosion and controlling sedimentation.
4.
Protecting
and stabilizing stream banks.
5.
Providing
for infiltration of stormwater runoff.
6.
Maintaining
base flow of streams.
7.
Contributing
organic matter that is a source of food and energy for the aquatic
ecosystem.
8.
Providing
tree canopy to shade streams and promote desirable aquatic habitat.
9.
Providing
riparian wildlife habitat.
10.
Furnishing
scenic value and recreational opportunity.
11.
Providing
opportunities for the protection and restoration of greenspace.
B.
Purposes. The purpose of this Chapter is to protect the
public health, safety, environment and general welfare; to minimize
public and private losses due to erosion, siltation and water pollution;
and to maintain stream water quality by provisions designed to:
[Ord. No. 5069 §3, 11-10-2008]
As used in this Chapter, the following terms shall have these
prescribed meanings:
With respect to a stream, a natural or enhanced vegetated area (established by Section 430.050(A)(1) below) lying adjacent to the stream.
Any land area susceptible to flooding, which would have at
least a one percent (1%) probability of flooding occurrence in any
calendar year based on the basin being fully developed as shown on
the current land use plan, i.e., the regulatory flood.
Any manmade paved, hardened or structural surface regardless
of material. Impervious cover includes, but is not limited to, rooftops,
buildings, streets, roads, decks, swimming pools and any concrete
or asphalt.
Any land change including, but not limited to, clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating,
transporting and filling of land, construction, paving and any other
installation of impervious cover.
Those actions or activities which comprise, facilitate or
result in land development.
Any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging,
grading, excavating, transporting and filling of land, that do not
involve construction, paving or any other installation of impervious
cover.
Those actions or activities which comprise, facilitate or
result in land disturbance.
Any plot, lot or acreage shown as a unit on the latest County
tax assessment records.
The permit issued by the Department of Public Works is required
for undertaking any land development activity
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, City, County or other
political subdivision of the State, any interstate body or any other
legal entity.
With respect to a stream, the combined areas of all required
buffers and setbacks applicable to such stream.
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
With respect to a stream, the area established by Section 430.050(A)(2) extending beyond any buffer applicable to the stream.
Any stream beginning at:
The sloping land that contains the stream channel and the
normal flows of the stream. Where no established top-of-bank can be
determined, the stream bank will be the "ordinary high water mark"
as defined by the Corps of Engineers in Title 33 of the Code of Federal
Regulations, Part 328.3.
The portion of a watercourse that contains the base flow
of the stream.
[Ord. No. 5069 §4, 11-10-2008]
A.
This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 430.030 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 do not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations.
B.
Grandfather Provisions. This Chapter shall not apply to
the following activities:
1.
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.
2.
Development
in place before the effective date of this Chapter and land disturbance
activities commencing before the effective date of this Chapter and
ongoing thereafter 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.
3.
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.
4.
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 approved within two
(2) years before the effective date of this Chapter.
C.
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.
1.
Activities
for the purpose of building one (1) of the following:
a.
A
stream crossing by a driveway, transportation route or utility line;
b.
Public
water supply intake or public wastewater structures or stormwater
outfalls;
c.
Intrusions
necessary to provide access to a property;
d.
Public
access facilities that must be on the water including boat ramps,
docks, foot trails leading directly to the river, fishing platforms
and overlooks;
e.
Unpaved
foot trails and paths;
f.
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.
2.
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 (C)(1) above.
3.
Land
development activities within a right-of-way existing at the time
this Chapter takes effect or approved under the terms of this Chapter.
4.
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.
5.
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 Department of Public Works 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 review and permitting authority
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.
6.
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.
7.
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 430.050(B) below.
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[Ord. No. 5069 §5, 11-10-2008]
A.
Buffer And Setback Requirements. All land development activity
subject to this Chapter shall meet the following requirements:
1.
For
streams depicted as a solid blue line on the U.S.G.S. map, 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. For all other streams
subject to this Chapter, 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.
2.
An additional
setback shall be maintained for twenty-five (25) feet, measured horizontally,
beyond the undisturbed natural vegetative buffer, in which all impervious
cover shall be prohibited. 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.
B.
Variance Procedures. Variances from the above buffer and
setback requirements may be granted in accordance with the following
provisions:
1.
Where
a parcel was platted prior to the effective date of this Chapter,
and its shape, topography or other existing physical condition prevents
land development consistent with this Chapter, and the Department
of Public Works finds and determines that the requirements of this
Chapter prohibit the otherwise lawful use of the property by the owner,
the Board of Adjustment of the City of Creve Coeur may grant a variance
from the buffer and setback requirements hereunder, provided such
variance requires mitigation measures to offset the effects of any
proposed land development on the parcel.
2.
Except as provided above, the Board of Adjustment of the City of Creve Coeur shall grant no variance from any provision of this Chapter without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of four (4) members of the Board of Adjustment, according to the requirements and procedures in Section 405.1110, Variances and Appeals, of the Zoning Code.
Variances will be considered only in the following cases:
a.
When
a property's shape, topography or other physical conditions existing
at the time of the adoption of this Chapter prevents land development
unless a buffer variance is granted.
b.
Unusual
circumstances when strict adherence to the minimal buffer requirements
in the ordinance would create an extreme hardship.
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Variances will not be considered when, following adoption of
this Chapter, actions of any property owner of a given property have
created conditions of a hardship on that property.
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3.
At a
minimum, a variance request shall include the following information:
a.
A
site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features as determined by field survey;
b.
A
description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
c.
A
detailed site plan that shows the locations of all existing and proposed
structures and other impervious cover, the limits of all existing
and proposed land disturbance, both inside and outside the buffer
and setback. The exact area of the buffer to be affected shall be
accurately and clearly indicated;
d.
Documentation
of unusual hardship should the buffer be maintained;
e.
At
least one (1) alternative plan, which does not include a buffer or
setback intrusion, or an explanation of why such a site plan is not
possible;
f.
A
calculation of the total area and length of the proposed intrusion;
g.
A
stormwater management site plan, if applicable; and
h.
Proposed
mitigation, if any, for the intrusion. If no mitigation is proposed,
the request must include an explanation of why none is being proposed.
4.
The
following factors will be considered in determining whether to issue
a variance:
a.
The
shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
b.
The
locations of all streams on the property including along property
boundaries;
c.
The
location and extent of the proposed buffer or setback intrusion;
d.
Whether
alternative designs are possible which require less intrusion or no
intrusion;
e.
The
long-term and construction water-quality impacts of the proposed variance;
and
f.
Whether
issuance of the variance is at least as protective of natural resources
and the environment.
[Ord. No. 5069 §6, 11-10-2008]
This Chapter is not intended to interfere with, abrogate or
annul any other ordinance, rule or regulation, Statute or other provision
of law. The requirements of this Chapter should be considered minimum
requirements, and where any provision of this Chapter imposes restrictions
different from those imposed by any other ordinance, rule, regulation
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
[Ord. No. 5069 §7, 11-10-2008]
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 review and permitting authority may reasonably
deem necessary for review of the application and to insure that the
buffer zone ordinance is addressed in the approval process.
B.
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 Chapter 430 Stream Buffer Protection Ordinance".
[Ord. No. 5069 §8, 11-10-2008]
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 the City of
Creve Coeur, its officers, employees or elected officials for injury
or damage to persons or property.
[Ord. No. 5069 §9, 11-10-2008]
A.
The Department
of Public Works 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 Department of Public Works in making such inspections.
The City of Creve Coeur 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.
[Ord. No. 5069 §10, 11-10-2008]
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.
B.
Notice Of Violation. If the Department of Public Works 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:
1.
The
name and address of the owner or the applicant or the responsible
person;
2.
The
address or other description of the site upon which the violation
is occurring;
3.
A statement
specifying the nature of the violation;
4.
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;
5.
A statement
of the penalty or penalties that may be assessed against the person
to whom the notice of violation is directed; and
6.
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).
C.
Enforcement. 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 Department of Public Works 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 Department of Public Works may take any
one (1) or more of the following actions or impose any one (1) or
more of the following penalties.
1.
Stop work order. The Department of Public Works 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.
2.
Withhold certificate of occupancy. The Department of Public
Works 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.
3.
Suspension, revocation or modification of permit. The Department
of Public Works 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 Department
of Public Works may deem necessary) to enable the applicant or other
responsible person to take the necessary remedial measures to cure
such violations.
[Ord. No. 5069 §11, 11-10-2008]
If any Article, Section, Subsection, paragraph, clause, phrase
or provision of this Chapter shall be adjudged invalid or held unconstitutional,
such decision shall not affect or invalidate the remaining portions
of this Chapter.
