[R.O. 2001 § 502.010; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
This Chapter shall be known as the "Clarkson Valley Stream Buffer
Protection Ordinance."
[R.O. 2001 § 502.020; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
Findings. Whereas, the City of Clarkson Valley 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
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:
[R.O. 2001 § 502.030; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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 502.050(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 man-made 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 Clarkson Valley Building Commissioner
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 502.050(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.
[R.O. 2001 § 502.040; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Section 502.030 of this Chapter. 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.
[R.O. 2001 § 502.041; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
This Chapter 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 Chapter.
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 Chapter.
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 Chapter.
[R.O. 2001 § 502.042; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
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.
B.
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;
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.
C.
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.
D.
Land development activities within a right-of-way existing at the
time this Chapter takes effect or approved under the terms of this
Chapter.
E.
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.
F.
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 Building Commissioner 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 Building Commissioner
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.
G.
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.
H.
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.
I.
After the effective date of this Chapter, it shall apply to new subdividing
and platting activities.
J.
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 502.050(B) below.
[R.O. 2001 § 502.050; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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 either
the Building Commissioner finds and determines that the requirements
of this Chapter prohibit the otherwise lawful use of the property
by the owner, the Clarkson Valley Board of Aldermen 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 Clarkson Valley Board of Aldermen
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 Planning and Zoning Commission. The Planning and Zoning Commissioner
shall give public notice of each such public hearing in a newspaper
of general circulation within Clarkson Valley. The Board of Aldermen
may require that the applicant post a sign giving notice of the proposed
variance and the public hearing. If so deemed, 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 Chapter 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.
c.
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.
[R.O. 2001 § 502.060; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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.
[R.O. 2001 § 502.070; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
Any permit applications for property requiring buffers and setbacks
hereunder must include the following:
|
A site plan showing:
|
1.
The location of all streams on the property;
2.
Limits of required stream buffers and setbacks on the property;
3.
Buffer zone topography with contour lines at no greater than
five-foot contour intervals;
4.
Delineation of forested and open areas in the buffer zone;
5.
Detailed plans of all proposed land development in the buffer
and of all proposed impervious cover within the setback;
6.
A description of all proposed land development within the buffer
and setback; and
7.
Any other documentation that the Building Commissioner may reasonably
deem necessary for review of the application and to ensure that the
buffer zone ordinance 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 Stream Buffer
Protection Ordinance."
[R.O. 2001 § 502.080; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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 Clarkson Valley,
its officers or employees, for injury or damage to persons or property.
[R.O. 2001 § 502.090; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
The Clarkson Valley Building Commissioner 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 Building Commissioner
in making such inspections. The City shall have the Building Commissioner
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.
[R.O. 2001 § 502.100; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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.
[R.O. 2001 § 502.101; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
If the Building Commissioner 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.
B.
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 Chapter 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 Clarkson Valley Board of Aldermen 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].
[R.O. 2001 § 502.102; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
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 Building Commissioner
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 Building Commissioner
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 Building Commissioner 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 Building Commissioner
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 Building
Commissioner 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 Building
Commissioner 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 Building Commissioner
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 Building Commissioner
has taken one (1) or more of the actions described above, the Clarkson
Valley Prosecuting Attorney 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 Chapter, the Police or court may issue a citation to the applicant
or other responsible person, requiring such person to appear in the
Municipal Court of Clarkson Valley 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.
[R.O. 2001 § 502.110; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
A.
Administrative Appeal. Any person aggrieved by a decision or order
of the Building Commissioner may appeal in writing within thirty (30)
days after the issuance of such decision or order to the Clarkson
Valley Board of Aldermen and shall be entitled to a hearing before
the Board of Adjustment of Clarkson Valley within thirty (30) days
of receipt of the written appeal.
B.
Judicial Review. Any person aggrieved by a decision or order of the
Building Commissioner, after exhausting all administrative remedies,
shall have the right to appeal de novo to the Circuit Court of St.
Louis County.
[R.O. 2001 § 502.120; Ord. No.
08-02 §§ 1 – 2, 3-18-2008]
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.
