[Ord. No. 2081 § 1, 3-20-2008]
This Article shall be known as the "City of Bellefontaine Neighbors,
Missouri, Stream Buffer Protection Ordinance".
[Ord. No. 2081 § 1, 3-20-2008]
(a)
Findings. The Board of Aldermen of the City of Bellefontaine
Neighbors, Missouri, 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
green space.
(b)
Purposes. The purpose of this Article 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. 2081 § 1, 3-20-2008]
As used in this Article, the following terms shall have these
prescribed meanings:
With respect to a stream, a natural or enhanced vegetated
area 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 City of Bellefontaine Neighbors
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 pursuant to
these regulations 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.
[Ord. No. 2081 § 1, 3-20-2008]
This Article shall apply to all land development activity on property containing a stream protection area as defined in Section 5-353 of this Article. 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.
(a)
Grandfather provisions. This Article 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 Article.
(2)
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.
(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 Article.
(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 previously
approved within two (2) years of the effective date of this Article.
(b)
Exemptions. The following specific activities are
exempt from this Article. 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:
(i)
A stream crossing by a driveway, transportation route or utility
line;
(ii)
Public water supply intake or public wastewater structures or
stormwater outfalls;
(iii)
Intrusions necessary to provide access to a property;
(iv)
Public access facilities that must be on the water including
boat ramps, docks, foot trails leading directly to the river, fishing
platforms and overlooks;
(v)
Unpaved foot trails and paths;
(vi)
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 (b)(1) above.
(3)
Land development activities within a right-of-way existing at
the time this Article takes effect or approved under the terms of
this Article.
(4)
Within an easement of any utility existing at the time this
Article takes effect or approved under the terms of this Article,
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 City Engineer 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 City Engineer 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 Article, 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 these regulations.
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[Ord. No. 2081 § 1, 3-20-2008]
(a)
Buffer and setback requirements. All land development
activity subject to this Article 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 Article, 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
Article and its shape, topography or other existing physical condition
prevents land development consistent with this Article and the City
Engineer finds and determines that the requirements of this Article
prohibit the otherwise lawful use of the property by the owner, the
Board of Adjustment of City of Bellefontaine Neighbors may grant a
variance from the buffer and setback requirements hereunder, provided
such variance require mitigation measures to offset the effects of
any proposed land development on the parcel.
(2)
Except as provided above, the Board of Adjustment of City of
Bellefontaine Neighbors shall grant no variance from any provision
of this Article without first conducting a public hearing on the application
for variance and authorizing the granting of the variance by an affirmative
vote of the Board of Adjustment. The City of Bellefontaine Neighbors
shall give public notice of each such public hearing in a newspaper
of general circulation within City of Bellefontaine Neighbors.
Variances will be considered only in the following cases:
(i)
When a property's shape, topography or other physical conditions
existing at the time of the adoption of this Article prevents land
development unless a buffer variance is granted.
(ii)
Unusual circumstances when strict adherence to the minimal buffer
requirements in the Article would create an extreme hardship.
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Variances will not be considered when, following adoption of
this Article, 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:
(i)
A site map that includes locations of all streams, wetlands,
floodplain boundaries and other natural features as determined by
field survey;
(ii)
A description of the shape, size, topography, slope, soils,
vegetation and other physical characteristics of the property;
(iii)
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;
(iv)
Documentation of unusual hardship should the buffer be maintained;
(v)
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;
(vi)
A calculation of the total area and length of the proposed intrusion;
(vii)
A stormwater management site plan, if applicable;
and
(viii)
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:
(i)
The shape, size, topography, slope, soils, vegetation and other
physical characteristics of the property;
(ii)
The locations of all streams on the property, including along
property boundaries;
(iii)
The location and extent of the proposed buffer
or setback intrusion;
(iv)
Whether alternative designs are possible which require less
intrusion or no intrusion;
(v)
The long-term and construction water-quality impacts of the
proposed variance; and
(vi)
Whether issuance of the variance is at least as protective of
natural resources and the environment.
[Ord. No. 2081 § 1, 3-20-2008]
This Article 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 Article should be considered minimum
requirements and where any provision of this Article 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. 2081 § 1, 3-20-2008]
(a)
Site plan information. Any permit applications for
property requiring buffers and setbacks hereunder must include the
following:
(1)
A site plan showing:
(i)
The location of all streams on the property;
(ii)
Limits of required stream buffers and setbacks on the property;
(iii)
Buffer zone topography with contour lines at
no greater than five (5) foot contour intervals;
(iv)
Delineation of forested and open areas in the buffer zone; and
(v)
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 City 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. 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 of the City of Bellefontaine Neighbors".
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[Ord. No. 2081 § 1, 3-20-2008]
Neither the issuance of a development permit nor compliance
with the conditions thereof nor with the provisions of this Article
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 City of Bellefontaine
Neighbors, its officers or employees for injury or damage to persons
or property.
[Ord. No. 2081 § 1, 3-20-2008]
(a)
The City 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 City in making such inspections. The City of Bellefontaine
Neighbors shall have the authority to conduct such investigations
as it may reasonably deem necessary to carry out its duties as prescribed
in this Article 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. 2081 § 1, 3-20-2008]
Any action or inaction which violates the provisions of this
Article 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.
(a)
Notice of violation. If the City 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 Article, 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 Article 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 Article 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 City Engineer 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).
(b)
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 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 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 City 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 City
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 City 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 may
deem necessary) to enable the applicant or other responsible person
to take the necessary remedial measures to cure such violations.
(4)
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 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
has taken one (1) or more of the actions described above, the City
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.
(5)
Criminal penalties. For intentional and flagrant
violations of this Article, the citation may be issued by the City
Bellefontaine Neighbors to the applicant or other responsible person,
requiring such person to appear in City of Bellefontaine Neighbors
municipal 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. 2081 § 1, 3-20-2008]
(a)
Administrative appeal. Any person aggrieved by a
decision or order of the City's enforcement personnel may appeal in
writing filed with the City Clerk within ten (10) days after the issuance
of such decision or order for a hearing before the Board of Adjustment
of City of Bellefontaine Neighbors.
(b)
Judicial review. Any person aggrieved by a decision
or order of Board of Adjustment, after exhausting all administrative
remedies, shall have the right to seek review in the Circuit Court
of St. Louis County pursuant to the provision of Chapter 536, RSMo.,
by filing for judicial review within fifteen (15) days of the decision
for which review is sought.
