[Ord. No. 111808 §1(400-808), 11-18-2008]
A. 
These stream buffer setback regulations are intended to protect and maintain the native vegetation along all streams within the City of Peculiar. The purpose of this Division is to:
1. 
Establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Peculiar.
2. 
Protect the water quality of watercourses, reservoirs, lakes and other significant water resources within Peculiar.
3. 
Protect Peculiar's riparian and aquatic ecosystems and to provide for the environmentally sound use of Peculiar's land resources.
[Ord. No. 111808 §1(400-808.1), 11-18-2008]
A. 
No structure shall be constructed within fifty (50) feet of the stream bank or in no case within one hundred (100) feet of the centerline of an active stream.
B. 
The rear yard of a single-family residential use may extend into the Secondary Streamside Zone (Zone 2); provided however, that the rear of the actual residential structure may not be located nearer than twenty (20) feet to the outer edge of Zone 2 and no ancillary structure may be located in Zone 2 and, further, that any development satisfies the open space and setback requirements of this code.
[Ord. No. 111808 §1(400-808.2), 11-18-2008]
Stormwater drainage construction may occur within the one hundred (100) foot setback requirement, if approved by the City Engineer.
[Ord. No. 111808 §1(400-808.3), 11-18-2008]
A. 
The following land uses and/or activities are hereby designated as potential water pollution hazards and shall be set back from any active stream channel or water body by the distance indicated below:
1. 
Storage of hazardous substances: one hundred fifty (150) feet.
2. 
Above or below ground petroleum storage facilities: one hundred fifty (150) feet.
3. 
Drain fields from on-site sewage disposal and treatment systems-septic systems: one hundred (100) feet.
4. 
Raised septic systems: two hundred fifty (250) feet or at least two (2) feet above the 100-year flood level with two (2) more feet freeboard.
5. 
Solid waste landfills or junk yards: three hundred (300) feet.
6. 
Subsurface discharges from a wastewater treatment plant: one hundred (100) feet.
[Ord. No. 111808 §1(400-808.4), 11-18-2008]
A. 
Active Channel. The area of the stream that lies between the ordinary high water marks established on each side.
B. 
Ordinary High Water Mark. The line on the shore established by the fluctuation of water indicated by a physical characteristic such as a clear natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, presence of litter or debris or other appropriate means.
C. 
Stream. A body of running water moving over the earth's surface in a channel or bed, such as a creek, rivulet or river that flows at least part of the year. Streams are dynamic in nature and their structure is maintained through build up and loss of sediment. Streams are typically formed by natural forces but also include drainageways, outside of street right-of-way, which were formed by man in the past. Storm sewer systems and roadside ditches in street rights-of-way are not considered streams.
D. 
Stream Corridor. A stream and the adjacent land that is set aside in conformance to this Chapter and which is substantially preserved in a natural state.
E. 
The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.
F. 
The streamside zone will begin at the stream bank of the active channel and extend a minimum of fifty (50) feet from the high bank of any stream or body of water.
G. 
Allowable uses within this zone are restricted to:
1. 
Flood controls structures.
2. 
Utility rights-of-way.
3. 
Footpaths.
4. 
Road crossings, where permitted.
[Ord. No. 111808 §1(400-808.5), 11-18-2008]
A. 
The function of the secondary streamside zone is to protect key components of the stream and to provide a distance between development and the streamside zone.
B. 
The secondary streamside zone will begin at the outer edge of the streamside zone (Zone 1) and extended a minimum of fifty (50) feet.
C. 
Allowable uses within the secondary streamside zone are restricted to:
1. 
Biking and hiking paths.
2. 
Stormwater management facilities as approved by the City Engineer.
3. 
Recreational uses approved by the City Engineer.
4. 
Targeted vegetation is that of mature native vegetation adapted to the region.
[Ord. No. 111808 §1(400-808.6), 11-18-2008]
A. 
The owner of any property located within a protected stream buffer setback area, prior to the approval of a building permit covering property containing a protected stream buffer setback area shall record a notice of presence for each protected stream buffer setback area with the Cass County Register of Deeds. This recording shall contain notice of the protected stream buffer setback area, the application of this Division to the property and the limitations on actions in or affecting such protected stream buffer setback area. The applicant must submit proof that the notice has been legally recorded before the final approval for a building permit is issued. The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be a violation of this Division.
B. 
The notice shall contain the following information:
1. 
Legal description of the property.
2. 
Name of present property owner(s).
3. 
"Notice: This property lies within a protected stream buffer setback area as defined and regulated by the City of Peculiar, Missouri. There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Peculiar."
4. 
Signature of current property owner(s).
5. 
The notice shall be notarized.
[Ord. No. 111808 §1(400-808.7), 11-18-2008]
All plats containing active stream channels shall indicate Zone 1 and Zone 2 and provide a note stating, "This site lies within a protected stream buffer setback area as defined and regulated by the City of Peculiar, Missouri. There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Peculiar."
[Ord. No. 111808 §1(400-808.8), 11-18-2008]
A. 
Allowed maintenance (as approved and specified in the maintenance agreement):
1. 
Removal of dead trees/brush and trash.
2. 
Removal of debris that could cause flooding.
3. 
Selective tree trimming or tree removal to mitigate safety hazards or that could cause flooding.
4. 
Selective (spot) chemical spraying for noxious weeds.
5. 
Periodic mowing or other management practices shown to enhance natural conditions.
6. 
Maintenance of all City-approved improvements.
7. 
Maintenance of City-approved bank stabilization measures.
B. 
Prohibited Maintenance.
1. 
Regular mowing outside of recreational use areas.
2. 
Non-selective chemical spraying.
[Ord. No. 111808 §1(400-808.9), 11-18-2008]
Permanent boundary markers, in the form of signage approved by the City Planner, shall be installed prior to final approval of the required clearing and grading plan or certificate of occupancy. Signs shall be placed at the edge of Zone 2.
[Ord. No. 111808 §1(400-808.10), 11-18-2008]
Any violator of this Division shall receive written notice of the violation and given a specific length of time to remedy the problems. Failure to do so will constitute a misdemeanor with a minimum penalty of two hundred fifty dollars ($250.00) per incident or the actual cost of cleanup, whichever is greater.