[R.O. 1998 § 420.010; Ord. No. 2801 §1, 7-17-2012]
This Chapter shall be known as the
"Stream Buffer Protection Ordinance" of St. Ann, Missouri.
[R.O. 1998 § 420.020; Ord. No. 2801 §1, 7-17-2012]
A.
Findings. The Board of Aldermen of the
City of St. Ann 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:
[R.O. 1998 § 420.030; Ord. No. 2801 §1, 7-17-2012]
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 420.050(A)(1) below) lying adjacent to the stream.
Any land area susceptible to flooding, which would have at
least a one-percent 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 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.
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 City of St. Ann 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 420.050(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
Regulation, Part 328.3.
The portion of a watercourse that contains the base flow
of the stream.
[R.O. 1998 § 420.040; Ord. No. 2801 §1, 7-17-2012]
A.
This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 420.030 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.
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 structures or stormwater outfalls;
(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. 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 Section 420.040(A)(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
Building and Zoning Department 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.
g.
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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B.
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 420.050(B) below.
[R.O. 1998 § 420.050; Ord. No. 2801 §1, 7-17-2012]
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 City of St. Ann 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 St. Ann 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 St. Ann shall grant no variance from
any provision of this Chapter without first conducting a public meeting
on the application for variance and authorizing the granting of the
variance by an affirmative vote of the Board of Adjustment. The City
of St. Ann shall give public notice of each such public hearing in
a newspaper of general circulation within the effected City. The City
of St. Ann 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 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; 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.
[R.O. 1998 § 420.060; Ord. No. 2801 §1, 7-17-2012]
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.
[R.O. 1998 § 420.070; Ord. No. 2801 §1, 7-17-2012]
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-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
Building and Zoning Director 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 Stream Buffer Protection Ordinance No. 2801."
[R.O. 1998 § 420.080; Ord. No. 2801 §1, 7-17-2012]
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 St. Ann, its officers or employees for injury or damage to persons
or property.
[R.O. 1998 § 420.090; Ord. No. 2801 §1, 7-17-2012]
A.
The Building and Zoning Department 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 Building
and Zoning Department in making such inspections. The City of St.
Ann 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.
[R.O. 1998 § 420.100; Ord. No. 2801 §1, 7-17-2012]
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 Building
and Zoning department 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 Building and Zoning Department
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 Building and Zoning Department 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 Building and
Zoning Department 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 Building and
Zoning Department 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 Building and Zoning Department 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 Building and Zoning Department 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 Building and Zoning Department 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 Building and Zoning Department 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 Building and Zoning Department has
taken one (1) or more of the actions described above, the Building
and Zoning Department 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 Building and Zoning Department may issue a citation to the applicant or other responsible person, requiring such person to appear in St. Ann Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine and/or imprisonment as set forth in Section 100.200 of this Code. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
[R.O. 1998 § 420.110; Ord. No. 2801 §1, 7-17-2012]
A.
Administrative Appeal. Any person aggrieved
by a decision or order of the Building and Zoning Director may appeal
in writing within fourteen (14) days after the issuance of such decision
or order to the Board of Adjustment of the City of St. Ann and shall
be entitled to a hearing before said Board within fourteen (14) days
of receipt of the written appeal.
B.
Judicial Review. Any person aggrieved by
a decision or order of the St. Ann Board of Adjustment, after exhausting
all administrative remedies, shall have the right to appeal de novo
to the Circuit Court of St. Louis County, Missouri.
[R.O. 1998 § 420.120; Ord. No. 2801 §1, 7-17-2012]
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.
