[Ord. No. 864 § 1, 12-20-2010]
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 USGS 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 Bel-Nor Building Department 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 Bel-Nor 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 Bel-Nor 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 an affirmative vote of the Board of Adjustment. The Board of Adjustment shall give public notice of each such public hearing in a newspaper of general circulation within Bel-Nor. The Board of Adjustment shall require that a notice of the proposed variance and the public hearing be sent to all property owners within three hundred (300) feet of the subject parcel.
a. 
Variances will be considered only in the following cases:
(1) 
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.
(2) 
Unusual circumstances when strict adherence to the minimal buffer requirements in this Chapter would create an extreme hardship.
b. 
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.
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;
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. 864 § 1, 12-20-2010]
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 Bel-Nor Building Department 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. A note to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Bel-Nor Stream Buffer Protection Ordinance."
[Ord. No. 864 § 1, 12-20-2010]
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 Bel-Nor, its officers or employees for injury or damage to persons or property.
[Ord. No. 864 § 1, 12-20-2010]
A. 
The Bel-Nor Building 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 Public Services Department in making such inspections. The Public Services Department 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. 864 § 1, 12-20-2010]
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 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 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 Board of Adjustment 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 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 Bel-Nor Building 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 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.
b. 
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.
c. 
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 to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
d. 
Penalties. For violations of this Chapter, the City may issue a citation to the applicant or other responsible person requiring such person to appear in Bel-Nor 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 ninety (90) days, or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.