[Ord. No. 864 § 1, 12-20-2010]
A. This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Article
IV 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 does not constitute approval or exemption from buffer requirements established under State law or from other applicable local, State or Federal regulations.
1.
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.
e.
Along streams improved with a rock or concrete channel, which
are shown with a dashed blue line on the USGS map, in said areas with
combination storm and sanitary sewers, existing development and minor
redevelopment is exempt from the buffer requirement, provided that
no future improvements occur which will increase sediment runoff into
the streams. "Minor redevelopment" is defined as infill housing and
residential accessory uses. Infill housing must provide mitigation
methods to prevent any significant increase in stormwater runoff.
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;
(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 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 Public Services 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 Public Services
Department 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.
B. After the effective date of this Chapter, it shall apply to new subdividing
and platting activities.
C. 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
420.060(B) below.