[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.
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:
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.