Where dams are proposed in any subdivision, they must be designed
by a professional engineer registered in the State of Missouri. A
preliminary engineering report including soil investigations and design
procedures must be submitted to the Director of Public Works for review.
When a dam is planned on private property, the engineer must certify
that the dam is constructed according to the approved plans and specifications.
[Amendment 19 – Ordinance 2014-063, 9-8-2014]
A. Applicability.
1. This section applies to all streams within the jurisdiction of the
U.S. Army Corps of Engineers except those streams located upon land
which:
a. Is on land covered by an approved, unexpired final plat; or
b. Is on land covered by an approved, unexpired preliminary plat or
preliminary plan; or
c. Is on land covered by a development agreement containing provisions
for post development water quality mitigation and best management
practices; or
d. Is on land being used for agricultural operations.
2. To identify those stream segments to which this section applies,
a letter of jurisdictional determination shall be provided from the
U.S. Army Corps of Engineers for any property proposed for development.
3. No development shall be approved that proposes disturbance on any
parcel of land wholly or partially within the defined stream corridor
unless the proposed development is in compliance with the applicable
provisions of this section.
4. Except as otherwise provided by this section, the Director of Public
Works shall administer, implement and enforce the provisions of this
section. The director may delegate any powers or duties granted by
this code to other City personnel or authorized representatives.
5. The City is authorized to develop administrative policies and guidelines
to implement this section.
6. Stream buffers, as required by this section, are a part of the City’s
Storm Water Management Program.
7. If a development obtains a CWA Section 404 permit allowing a stream
to be relocated or otherwise altered, this section shall apply to
the new stream location and order.
B. Buffer
and Stream Setback Requirements. Stream buffers required by this section
shall meet the following requirements:
1. Plan Requirements.
a. A buffer plan shall be submitted for all stream segments to which
this section applies. The plan shall set forth an informative, conceptual,
and schematic representation of the proposed activity so as to enable
the City an opportunity to make a reasonably informed decision regarding
the proposed activity.
b. The delineation of the stream buffer and its component zones shall
be shown on any building construction plans, preliminary plat and
final plat, as may be required by City Code. The buffer plan shall
be submitted in conjunction with the required preliminary plat, or
final plat if no preliminary plat is required, and engineering plans
for any development and the boundaries of the stream buffer shall
be clearly delineated.
c. A buffer plan shall contain the following information:
(1)
A location or vicinity map showing the limits of the FEMA-delineated
one-hundred-year flood limits or the one-hundred-year elevation for
areas not identified as special flood hazard areas.
(2)
Field-delineated and/or surveyed streams, springs, bodies of
water (include a minimum of one hundred fifty (150) feet into adjacent
properties).
(3)
Labels for the stream buffer zones and any structures or activities
by the zone where they are to be located.
(4)
A plan that specifies the required annual maintenance tasks
and procedures necessary to maintain stream buffer health.
(5)
A restoration plan identifying the percentage removal of colonizing
species of native and non-native trees and shrubs and the replacement
of such woody perennial species with desirable hardwood species. The
restoration plan shall also specify the requisite herbaceous seed
mix required for restoration of the soil where disturbed through tree
and shrub removals.
d. The stream buffer plan must be approved by the Director of Public
Works prior to submittal of the preliminary plat to the Planning and
Zoning Commission.
2. Boundary Markers. Boundary markers shall be installed prior to final
approval of the required clearing and grading plan.
3. Construction Fencing. Construction fencing shall be placed to delineate
the buffer and shall be maintained throughout the construction of
the project.
4. Final Plats. All final plats and survey documents prepared for recording
shall clearly:
a. Show the extent of any stream buffer on the subject property.
b. Provide a note to reference any stream buffer stating: “There
shall be no clearing, grading, construction or disturbance of vegetation
except as permitted by the approved maintenance plan.”
c. Provide a note to reference any conservation easements governing
all stream buffer areas stating: “Any stream buffer shown hereon
is subject to conservation easements that restrict disturbance and
use of these areas.”
C. Design
Standards for Stream Buffers.
[Amendment 14 – Ordinance 2012-079; Amendment 19 – Ordinance 2014-063, 9-8-2014]
1. A buffer for a stream shall consist of a strip of land extending
along both sides of a stream.
2. Stream buffers shall be measured as follows:
a. The required width for all stream buffers shall be as follows:
Stream
|
Minimum Average Buffer Width (feet) Each Side of Stream
|
---|
First order
|
50
|
Second order
|
90
|
Third order
|
100
|
Fourth order
|
140
|
Fifth order
|
185
|
Sixth order
|
300
|
b. All buffers are measured from the top of the bank of the stream and
are required on each side of the stream.
c. If a feature exists wherein it would be impractical to provide a
buffer equidistant on each side of the stream bank then the location
of the buffer area can be modified, subject to approval by the Director
of Public Works.
d. The default setback distance is specified in Section
455.040C2. A property owner may choose to submit a Geomorphic Study to justify lesser setback distances. The Geomorphic Study must be completed by a licensed professional trained in such evaluations. Such studies are subject to approval by the Director of Public Works.
3. The buffer shall not be greater than the flood plain limits as shown
on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway
Map (FBFM) for Cass County, Missouri Panels 29037C0028F, 29037C0029F,
29037C0034F, 29037C0035F, 29037C0036F, 29037C0037F, 29037C0038F, 29037C0039F,
29037C0041F, 29037C0042F, 29037C0043F and 29037C0044F dated January
2, 2013, as amended, and any future revisions thereto.
4. If stream buffers, or stream channels, are disturbed or destroyed
during development or construction activities, they shall be restored
using native vegetation or plantings as outlined in the required restoration
plan.
5. Except as specifically authorized by the developer’s CWA 404
permit, the following structures, practices, and activities are permitted
in the stream buffer, with specific design or maintenance features,
subject to the review and approval of the Director of Public Works:
a. Activities for the purpose of building any of the following:
(1)
A stream crossing by a driveway, transportation route or utility
line;
(2)
Public water supply intake or public wastewater outfall structures;
(3)
Public access facilities that must be on the water including
boat ramps, docks, foot trails leading directly to the river, fishing
platforms and overlooks;
(4)
Paved foot trails and paths; or
(5)
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. Crossings for roads, bridges and utilities, subject to the following:
(1)
The right-of-way should be the minimum width needed to allow
for maintenance access and installation;
(2)
The angle of the crossing shall be as close to perpendicular
to the stream or buffer as is practicable to minimize clearing requirements;
and
(3)
The minimum number of road crossings should be used within each
subdivision, and no more than one (1) crossing is allowed for every
one thousand (1,000) feet of buffer.
c. Public sewer line easements paralleling the creek, except that all
easements (permanent and construction) and land disturbance should
be at least twenty-five (25) feet from the top of the bank. 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.
d. Within an easement of any utility existing on the effective date
of this section or approved under the terms of this section, 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 Director of Public Works 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 Director of Public
Works 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. Placement of structures for the control and monitoring of water quality
and water quantity within a stream buffer, as required by the City.
D. Variance Procedures. Any variance request to the requirements of this section shall be filed in accordance with Section
470.220.
E. Compatibility
with Other Buffer Regulations and Requirements. This section 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 section should be considered minimum requirements, and where
any provision of this section 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.
F. Additional
Information Requirements for Development on Buffer Zone Properties.
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 two
(2) 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.
3. Any other documentation that the Director of Public Works may reasonably
deem necessary for review of the application and to ensure that the
buffer zone ordinance is addressed in the approval process.
G. Responsibility.
Neither the issuance of a development permit nor compliance with the
conditions thereof, nor with the provisions of this section 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 Raymore,
its officers or employees, for injury or damage to persons or property.
H. Ownership
and Maintenance Responsibility for Stream Buffers.
1. The stream buffer areas must be established and recorded by the developer
or property owner. Particular zones may be established and protected
by different methods. One (1) or more of the following methods shall
be used to provide for the preservation of the buffer area in perpetuity:
a. A drainage or conservation easement; or
b. Inclusion in a development common area; or
c. Dedication to the City of Raymore with the City’s acceptance.
2. Developments and projects must be designed so that all established
stream buffers are accessible to facilitate inspection, construction,
maintenance and other activities related to the stream and City infrastructure
in the buffer area. Nothing contained in this paragraph shall establish
an independent right of ownership.
I. Inspection.
1. The City’s Engineering and Building Inspections divisions 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 section, 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.
2. 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.
J. Violations,
Enforcement and Penalties. Any action or inaction which violates the
provisions of this section or the requirements of an approved plan
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.
K. Notice
of Violation. If the City of Raymore 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 section, 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 section without having first secured the
appropriate approvals therefore, 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:
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 code 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 Director of Public Works 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).
L. 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, anyone 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 Director of
Public Works 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 Director of Public Works may take anyone or more of the following
actions or impose anyone or more of the following penalties.
1. Stop Work Order. The Director of Public Works 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 City of Raymore 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 Director of
Public Works 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 Director
of Public Works 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 Director of Public
Works 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 Director
of Public Works has taken one (1) or more of the actions described
above, the Director of Public Works 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
section, the Director of Public Works may issue a citation to the
applicant or other responsible person, requiring such person to appear
in (appropriate municipal, magistrate or recorders) 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 sixty (60) days or both. Each act of violation
and each day upon which any violation shall occur shall constitute
a separate offense.
M. Administrative
Appeal and Judicial Review.
[Amendment 2 – Ordinance 29073, 7-27-2009]
1. Administrative Appeal. Any person aggrieved by a decision or order
of the City, may appeal an enforcement action in writing within ten
(10) days after receipt of such action to the Director of Public Works
of the City of Raymore and shall be entitled to a hearing before the
Board of Appeals of the City of Raymore within thirty (30) days of
receipt of the written appeal.
2. Judicial Review. Any person aggrieved by a decision or order of the
City, after exhausting all administrative remedies, shall have the
right to appeal de novo to the Municipal Court of the City of Raymore.