[Ord. No. 546 §1, 12-17-2007]
This Chapter shall be known as the "City of Green Park Stream
Buffer Protection Ordinance".
[Ord. No. 546 §1, 12-17-2007]
A.
Findings. Whereas, the Board of Aldermen of the City 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; and
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:
[Ord. No. 546 §1, 12-17-2007]
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 412.050(A)(1) below) 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 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 412.050(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.
[Ord. No. 546 §1, 12-17-2007]
A.
This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 412.030 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; or
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; or
(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 412.040(1) 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 City Administrator on the next business
day after commencement of the work. Within five (5) business days
thereafter, the person shall apply for a permit and complete such
work as expeditiously as possible and perform any remedial work the
City determines is 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 effect date of this Chapter, 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 Section 412.050(B) below.
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[Ord. No. 546 §1, 12-17-2007]
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 Board of Adjustment
finds and determines that the requirements of this Chapter prohibit
the otherwise lawful use of the property by the owner, the Board of
Adjustment 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 shall grant no variance from any provision of this Chapter without first conducting a public hearing on the application for variance and authorizing the granting of the variance by a concurrent vote of four (4) members of the Board of Adjustment pursuant to Section 400.090 of the Municipal Code. The City shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City 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.
3.
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 Chapter would create a practical difficulty or
undue hardship ("hardship").
4.
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.
5.
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.
Detailed explanation of the hardship applicant would suffer 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.
6.
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.
[Ord. No. 546 §1, 12-17-2007]
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.
[Ord. No. 546 §1, 12-17-2007]
A.
Any
permit applications for property requiring buffers and setbacks hereunder
must include the following:
1.
A site plan, pursuant to Section 405.450 of the Municipal Code, 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 City may reasonably deem necessary
for review of the application and to insure that this Chapter 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. The final plat shall contain a note to reference the vegetated buffer that states: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Stream Buffer Protection Ordinance, Chapter 412 of the Municipal Code".
[Ord. No. 546 §1, 12-17-2007]
Neither the issuance of a building, land disturbance or other
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, its officers or employees for
injury or damage to persons or property.
[Ord. No. 546 §1, 12-17-2007]
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 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.
[Ord. No. 546 §1, 12-17-2007]
Any action or inaction which violates the provisions of this
Chapter shall be subject to the enforcement actions and penalties
provided in Article IV. Violations, Penalties and Enforcement of Land
Use Code of the Municipal Code. 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 penalties shall not prevent such equitable relief.
[Ord. No. 546 §1, 12-17-2007]
Administrative Appeal. Any person aggrieved by a decision or order of the City may appeal pursuant to Chapter 150 of the Green Park Municipal Code.
[Ord. No. 546 §1, 12-17-2007]
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.
