[Ord. No. 12-6 §1, 7-20-2012]
This Chapter shall be known as the "City of Northwoods Stream
Buffer Protection Ordinance".
[Ord. No. 12-6 §2, 7-20-2012]
A. Findings. Whereas, the City of Northwoods, Missouri of St.
Louis County 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 storm water.
3. Reducing
erosion and controlling sedimentation.
4. Protecting
and stabilizing stream banks.
5. Providing
for infiltration of storm water 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. It is the purpose of this Chapter 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:
1. Create
buffer zones along the streams of the City of Northwoods for the protection
of water resources; and
2. Minimize
land development within such buffers by establishing buffer zone requirements
and by requiring authorization for any such activities.
[Ord. No. 12-6 §3, 7-20-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
BUFFER
With respect to a stream, a natural or enhanced vegetated area (established by Section
440.050(A)(1) below) lying adjacent to the stream.
FLOODPLAIN
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.
IMPERVIOUS COVER
Any man-made 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.
LAND DEVELOPMENT
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.
LAND DISTURBANCE
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.
PARCEL
Any plot, lot or acreage shown as a unit on the latest County
tax assessment records.
PERMIT
The permit issued by the local permitting authority required
for undertaking any land development activity.
PERSON
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.
RIPARIAN
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
SETBACK
With respect to a stream, the area established by Section
440.050(A)(2) extending beyond any buffer applicable to the stream.
STREAM
Any stream, beginning at:
1.
The location of a spring, seep, or ground water outflow that
sustains streamflow; or
2.
A point in the stream channel with a drainage area of twenty-five
(25) acres or more; or
3.
Where evidence indicates the presence of a stream in a drainage
area of other than twenty-five (25) acres, the City of Northwoods
may require field studies to verify the existence of a stream.
As a long-term goal, the local jurisdiction can also map its
perennial and intermittent streams through field work, prioritizing
basins and developing information as time, staffing and budgets permit.
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STREAM BANK
The sloping land that contains the stream channel and the
normal flows of the stream.
STREAM CHANNEL
The portion of a watercourse that contains the base flow
of the stream.
WATERSHED
The land area that drains into a particular stream.
[Ord. No. 12-6 §4, 7-20-2012]
A. This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section
440.030 of this Chapter. These requirements are in addition to, and do not replace or supersede, any other applicable buffer 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.
1. Grandfather provisions. This Chapter shall not apply to
the following activities:
a. 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.
b. Existing
development and ongoing land disturbance activities 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.
c. 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.
d. 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 previously approved
within two (2) years of the effective date of this Chapter.
2. 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.
a. Activities
for the purpose of building one (1) of the following:
(1) A stream crossing by a driveway, transportation route or utility
line;
(2) Public water supply intake or public wastewater outfall structures;
(3) Intrusions necessary to provide access to a property;
(4) Public access facilities that must be on the water including boat
ramps, docks, foot trails leading directly to the river, fishing platforms
and overlooks;
(5) Unpaved foot trails and paths;
(6) 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.
b. Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. 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
(2)(a) above.
c. Land
development activities within a right-of-way existing at the time
this Chapter takes effect or approved under the terms of this Chapter.
d. 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.
e. 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 review and permitting authority 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.
f. 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.
Unless specifically provided for in a State law, local governments
generally do not have permitting or enforcement authority over State
and Federal departments, agencies and authorities. Local governments
need to address these issues in the context of their overall permitting
and enforcement regulations and provide for reporting observed problems,
first to the agency performing the activity, then, if no corrective
action results, to MSD.
g. After
the effective date of this Chapter, it shall apply to new subdividing
and platting activities.
h. 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
440.050(B) below.
[Ord. No. 12-6 §5, 7-20-2012]
A. Buffer And Setback Requirements. All land development activity
subject to this Chapter shall meet the following requirements:
1. 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.
The top of the bank is often a clearer landmark than the edge
of the water or the end of vegetation, particularly on intermittent
streams. The land forming the bank is also considered part of the
buffer for purposes of this Chapter.
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.
Any buffer and setback widths that may be listed are intended
as minimums. Local governments are encouraged to adopt wider buffers
and setbacks as necessary. A local government has many options in
developing wider buffers. One (1) method would be to increase the
width as the stream drainage basin increases in size. Another method
is to offer incentives for voluntary wider buffers.
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 City of Northwoods
review and permitting authority finds and determines that the requirements
of this Chapter prohibit the otherwise lawful use of the property
by the owner, the Northwoods Board of Aldermen 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 Northwoods Board of Aldermen 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 the Northwoods
Board of Aldermen. The City of Northwoods shall give public notice
of each such public hearing in a newspaper of general circulation
within the City of Northwoods. The City of Northwoods shall require
that the applicant post a sign giving notice of the proposed variance
and the public hearing. The sign shall be of a size and posted in
such a location on the property as to be clearly visible from the
primary adjacent road right-of-way.
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 Chapter 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
storm water 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; and
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;
f. Whether
issuance of the variance is at least as protective of natural resources
and the environment.
[Ord. No. 12-6 §6, 7-20-2012]
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.
Note — Examples of existing legislation and
regulations include:
DNR Part 5 Criteria for Small (under 100 square miles) Water
Supply WatershedsAuthorized under Part V of the Georgia Planning Act
of 1989, these criteria require 100-foot undisturbed buffers and 150-foot
setbacks on all perennial streams within 7 miles upstream of a public
water supply reservoir or public water supply intake. Beyond 7 miles,
the required buffer is 50 feet and the required setback is 75 feet.
Equivalent protection measures can be adopted with approval from Georgia
DCA and DNR.
While the requirements of this Chapter are intended to apply
to all streams in the City of Northwoods, special conditions may exist
that require greater protection. Nothing in this Chapter should be
construed as preventing the establishment of wider and/or more restrictive
buffers and setbacks as required under any other existing or future
legislation. In addition, nothing in this Chapter should be construed
as preventing the establishment of wider buffers for purposes of protecting
greenspace, preserving habitat or other goals that may not be specifically
mandated by legislation.
[Ord. No. 12-6 §7, 7-20-2012]
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.
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All buffer and setback areas must be recorded on the final plat
of the property following plan approval.
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[Ord. No. 12-6 §8, 7-20-2012]
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
Northwoods, its officers or employee for injury or damage to persons
or property.
[Ord. No. 12-6 §9, 7-20-2012]
A. The City
of Northwoods review and permitting authority 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 in making such inspections.
The City of Northwoods 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. 12-6 §10, 7-20-2012]
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 City of Northwoods 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
City of Northwoods 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 City of Northwoods 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 (City of Northwoods) 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 City of Northwoods 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 City of Northwoods
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 City
of Northwoods 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 City of
Northwoods may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
d. Civil penalties. In the event the applicant or other responsible
person fails to take the remedial measures set forth in the notice
of violation or otherwise fails to cure the violations described therein
within ten (10) days (or such greater period as the City of Northwoods
shall deem appropriate) (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) after the City of Northwoods
has taken one (1) or more of the actions described above, the City
of Northwoods may impose a penalty not to exceed one thousand dollars
($1,000.00) (depending on the severity of the violation) for each
day the violation remains unremedied after receipt of the notice of
violation.
e. Criminal penalties. For intentional and flagrant violations
of this Chapter, the City of Northwoods may issue a citation to the
applicant or other responsible person, requiring such person to appear
in City of Northwoods 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 sixty (60) days
or both. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.
[Ord. No. 12-6 §11, 7-20-2012]
A. Administrative Appeal. Any person aggrieved by a decision
or order of City of Northwoods may appeal in writing within five (5)
business days after the issuance of such decision or order to the
designated official of the City of Northwoods and shall be entitled
to a hearing before the designated appeals body of the City of Northwoods
within fifteen (15) business days of receipt of the written appeal.
B. Judicial Review. Any person aggrieved by a decision or order
of the City of Northwoods, after exhausting all administrative remedies,
shall have the right to appeal de novo to the court of the City of
Northwoods.