[R.O. 2009 §25-504; Ord. No. 4117 §1, 3-3-2008]
A. Whereas
the Board of Aldermen of the City of Brentwood, 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 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. The
purpose of this Division 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:
1. Create buffer zones along the streams of the City of Brentwood, Missouri,
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.
[R.O. 2009 §25-505; Ord. No. 4117 §1, 3-3-2008]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
BUFFER
With respect to a stream, a natural or enhanced vegetated area (established by Section
400.3050 below) lying adjacent to the stream.
FLOOD PLAIN
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 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.
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 Department of Planning and Development
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
400.3060 extending beyond any buffer applicable to the stream.
STREAM
Any stream, beginning at:
1.
All natural watercourses depicted by a solid or dashed blue
line on the most current United States Geological Survey (U.S.G.S.)
7.5 Minute Series (Topographic) Maps for Missouri; or
2.
A point in the stream channel with a drainage area of twenty-five
(25) acres or more.
STREAM BANK
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.
STREAM CHANNEL
The portion of a watercourse that contains the base flow
of the stream.
[R.O. 2009 §25-506; Ord. No. 4117 §1, 3-3-2008]
A. This Division shall apply to all land development activity on property containing a stream protection area as defined in Section
400.3040 of this Division. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or flood plain 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 Division 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 Division.
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 Division.
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 Division.
2. Exemptions. The following specific activities are
exempt from this Division. 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
storm water 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)
Public 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 400.3050(2)(a) above.
c. Land development activities within a right-of-way existing at the
time this Division takes effect or approved under the terms of this
Division.
d. Within an easement of any utility existing at the time this Division
takes effect or approved under the terms of this Division, 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.
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.
3. After the effective date of this Division, it shall apply to new
subdividing and platting activities.
4. 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
400.3060(B) below.
[R.O. 2009 §25-507; Ord. No. 4117 §1, 3-3-2008]
A. Buffer And Setback Requirements. All land development activity
subject to this Division 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 Division, 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. 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 Division
and its shape, topography or other existing physical condition prevents
land development consistent with this Division and the Department
of Planning and Development finds and determines that the requirements
of this Division prohibit the otherwise lawful use of the property
by the owner, the Board of Adjustment of the City of Brentwood, Missouri,
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
Brentwood, Missouri, shall grant no variance from any provision of
this Division 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 Brentwood, Missouri,
shall give public notice of each such public hearing in a newspaper
of general circulation within the City of Brentwood, Missouri. The
Department of Planning and Development 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 Division 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 Division, 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, flood
plain 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;
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; and
f. Whether issuance of the variance is at least as protective of natural
resources and the environment.
[R.O. 2009 §25-508; Ord. No. 4117 §1, 3-3-2008]
This Division 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 Division should be considered minimum
requirements and where any provision of this Division 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. 2009 §25-509; Ord. No. 4117 §1, 3-3-2008]
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 either recorded on a final
plat or depicted on a site plan 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 this and any other applicable ordinances of
the City of Brentwood."
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[R.O. 2009 §25-510; Ord. No. 4117 §1, 3-3-2008]
Neither the issuance of a development permit nor compliance
with the conditions thereof nor with the provisions of this Division
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
Brentwood, Missouri, its officers or employees for injury or damage
to persons or property.
[R.O. 2009 §25-511; Ord. No. 4117 §1, 3-3-2008]
A. The
Director of Planning and Development 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 Director of Planning and
Development in making such inspections. The City of Brentwood shall
have the authority to conduct such investigations as it may reasonably
deem necessary to carry out its duties as prescribed in this Division
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. 2009 §25-512; Ord. No. 4117 §1, 3-3-2008]
Any action or inaction which violates the provisions of this
Division or the requirements of an approved site plan or permit shall
be subject to all penalties and all enforcement actions set forth
in this Chapter. 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 or enforcement actions described above shall be in addition
to, and not in lieu of, equitable relief.