[R.O. 1988 § 15-73; Ord. No. 3500 § 2, 4-1-2002]
(a) 
Buffers adjacent to stream systems provide numerous environmental protection and resource management benefits that can include the following:
(1) 
Restoring and maintaining the chemical, physical, and biological integrity of the water resources by removing pollutants delivered from urban stormwater, reducing erosion and sediment entering the stream, and stabilizing stream banks;
(2) 
Providing infiltration of stormwater runoff;
(3) 
Maintaining base flow of streams;
(4) 
Contributing the organic matter that is a source of food and energy for the aquatic ecosystem;
(5) 
Providing tree canopy to shade streams and promote desirable aquatic organisms;
(6) 
Providing riparian wildlife habitat;
(7) 
Furnishing scenic value and recreational opportunity.
(b) 
It is the desire of the City of Rolla to protect and maintain the native vegetation in riparian and wetland areas by implementing specifications for the establishment, protection, and maintenance of vegetation along all stream systems within our jurisdictional authority.
[R.O. 1988 § 15-74; Ord. No. 3500 § 2, 4-1-2002]
The purpose of this Chapter is to establish minimal acceptable requirements for the design and maintenance of buffers to protect streams and floodplains within the City of Rolla; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the City of Rolla; to protect riparian and aquatic ecosystems within the City of Rolla; and to provide for the environmentally sound use of land resources within the City of Rolla.
[R.O. 1988 § 15-75; Ord. No. 3500 § 2, 4-1-2002; Ord. No. 4762, 10-2-2023]
(a) 
This Chapter shall apply to all proposed development except for that development which meets waiver or variance criteria as outlined in Section 15-80 of this Chapter.
(b) 
This Chapter shall apply to all timber harvesting activities, except those timber harvesting operations which are implementing a forest management plan that has been deemed to be in compliance with the regulations of the buffer ordinance and has received approval from the Missouri Department of Conservation.
(c) 
This Chapter shall apply to surface mining operations except that the design standards shall not apply to active surface mining operations that are operating in compliance with an approved State or Federal surface mining permit issued by the appropriate governing agency.
(d) 
Article V of this Chapter shall not apply to agricultural operations that are covered by an approved Natural Resources Conservation Service (NRCS) conservation plan that includes the application of BMPs.
(e) 
Article V of this Chapter shall not apply to streams with a tributary drainage area of less than one hundred (100) acres.
(f) 
This Chapter shall apply to all parcels of land, structures, and activities that are causing or contributing to:
(1) 
Pollution, including non-point source pollution, of the waters within the City of Rolla;
(2) 
Erosion or sedimentation of stream channels;
(3) 
Degradation of aquatic or riparian habitat.
[R.O. 1988 § 15-76; Ord. No. 3500 § 2, 4-1-2002]
(a) 
In accordance with Section 15-77 of this Chapter, a stream buffer plan approved by the City of Rolla is required for all development, forest harvesting operations, surface mining operations, and agricultural operations.
(b) 
The stream buffer plan shall set forth an informative, conceptual, and schematic representation of the proposed activity by means of maps, graphs, charts, or other written or drawn documents so as to enable the City an opportunity to make a reasonably informed decision regarding the proposed activity.
(c) 
The stream buffer plan shall contain the following information:
(1) 
A location or vicinity map;
(2) 
Maps which include at a scale no smaller than one (1) inch = one hundred (100) feet:
a. 
Field-delineated and surveyed streams, springs, seeps, bodies of water, and wetlands [include a minimum of two hundred (200) feet into adjacent properties];
b. 
Field delineated stream buffers;
c. 
Limits of the one-hundred-year flood inundation area;
(3) 
Hydric soils mapped in accordance with the NRCS soil survey of the site area. Steep slopes greater than fifteen percent (15%) for areas adjacent to and within two hundred (200) feet of streams or other water bodies;
(4) 
A description of existing vegetation within the stream buffer.
(d) 
The stream buffer plan shall be submitted in conjunction with the required stormwater improvement plan and erosion and sediment control plan for any development, and the stream buffer should be clearly delineated on the final grading plan.
[R.O. 1988 § 15-77; Ord. No. 3500 § 2, 4-1-2002]
(a) 
A stream buffer for a stream system shall consist of a vegetated strip of land extending along both sides of a stream and its adjacent wetlands, floodplains, or slopes. The buffer width shall be adjusted to include contiguous sensitive areas, such as steep slopes or erodible soils, where development or disturbance may adversely affect water quality, streams, wetlands, or other water bodies.
(b) 
The stream buffer shall begin at the edge of the stream bank of the active channel.
(c) 
The required width for all stream buffers (i.e., the base width) shall be a minimum of fifty (50) feet, centered on the centerline of the channel (See Figure 15-1), with the requirement to expand the buffer depending on:
(1) 
Percent Slope. The stream buffer width shall be modified if steep slopes are within close proximity to the stream and drain into the stream system. In those cases, the stream buffer width may be adjusted;
Percent Slope
Width of Buffer
15% – 17%
Add 10 feet
18% – 20%
Add 20 feet
21% – 23%
Add 30 feet
24% – 25%
Add 40 feet
(2) 
One-Hundred-Year Floodplain. Stream buffers shall be extended to encompass the entire one-hundred-year floodplain and a zone with a minimum width of ten (10) feet beyond each edge of the floodplain;
(3) 
Wetlands Or Critical Areas. When wetland or critical areas extend beyond the edge of the required buffer width, the buffer shall be adjusted so that the buffer consists of the extent of the wetland plus a twenty-foot zone extending beyond the wetland edge.
Figure 15-1. Stream Buffer Schematic. Minimum buffer measured from centerline of stream.
(d) 
The following land uses and/or activities are designated as potential water pollution hazards and must be set back from any active stream channel or water body by at least the distance indicated below:
(1) 
Storage of hazardous substances: one hundred (100) feet.
(2) 
Above-ground or underground petroleum storage facilities: one hundred (100) feet.
(3) 
Drainfields from on-site sewage disposal and treatment systems (i.e., septic systems): five (5) feet.
(4) 
Raised septic systems: one hundred (100) feet.
(5) 
Solid waste landfills: three hundred (300) feet.
(6) 
Junk yards: one hundred (100) feet.
(7) 
Confined animal feedlot operations: two hundred fifty (250) feet.
(8) 
Subsurface discharges from a wastewater treatment plant: one hundred (100) feet.
(9) 
Land application of biosolids: one hundred (100) feet.
[R.O. 1988 § 15-78; Ord. No. 3500 § 2, 4-1-2002]
(a) 
Management Of Resources. The stream buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within the active channel and buffer area, except with approval by the City of Rolla.
(1) 
Clearing of existing vegetation;
(2) 
Soil disturbance by grading, stripping, or other practices;
(3) 
Filling or dumping of any material including, but not limited to, yard waste and demolition debris;
(4) 
Drainage by ditching, under-drains, or other systems;
(5) 
Use, storage, or application of pesticides;
(6) 
Storage or operation of motorized vehicles, except for maintenance and emergency use approved by the City of Rolla.
(b) 
Permitted Structures, Practices And Activities. The following structures, practices, and activities are permitted in the stream buffer, with specific design or maintenance features, subject to the review of the City of Rolla.
(1) 
Roads, Bridges, Paths, And Utilities.
a. 
An analysis needs to be conducted to ensure that no economically feasible alternative is available;
b. 
The right-of-way should be the minimum width needed to allow for maintenance access and installation;
c. 
The angle of the crossing shall be perpendicular to the stream or buffer to minimize clearing requirements;
d. 
The minimum number of road crossings should be used within each subdivision, and no more than one (1) fairway crossing is allowed for every three hundred (300) feet of buffer.
(2) 
Stormwater Improvements.
a. 
An analysis needs to be conducted to ensure that no economically feasible alternative is available and that the project either is necessary for flood control or significantly improves the water quality or habitat in the stream;
b. 
When constructing stormwater improvement facilities, the area cleared will be limited to the area required for construction and adequate maintenance access;
c. 
Material dredged or otherwise removed from a stream buffer during necessary construction shall be stored outside the buffer.
(3) 
Stream restoration projects, facilities, and activities approved by the City of Rolla are permitted within the stream buffer;
(4) 
Water quality monitoring and stream gauging are permitted within the stream buffer, as approved by the City of Rolla;
(5) 
Individual trees within the stream buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream may be removed;
(6) 
Other timber cutting techniques approved by the City of Rolla may be undertaken within the stream buffer under the advice and guidance of the City if necessary to preserve the forest from extensive pest infestation, disease infestation, or threat from fire.
(c) 
Plan Preparation. All plans prepared for recording and all right-of-way plans shall clearly:
(1) 
Show the extent of any stream buffer on the subject property;
(2) 
Label the stream buffer;
(3) 
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 City."
(d) 
Ownership. All stream buffer areas shall be dedicated to the City of Rolla. The City shall be responsible to reimburse the owner/developer of the property for the value of the undeveloped land that is dedicated to the City.
(e) 
Maintenance.
(1) 
All stream buffer areas shall be maintained by the City of Rolla. The City of Rolla shall inspect the buffer as required and immediately following severe storms for evidence of sediment deposition, erosion, or concentrated flow in channels and corrective actions taken to ensure the integrity and functions of the stream buffer.
(2) 
Stream buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the successional process such as active reforestation may be used when deemed necessary by the City of Rolla to ensure the preservation and propagation of the buffer area. Stream buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.
(f) 
Dedication Of Lands. An offer of dedication of a stream buffer area to the City of Rolla shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.
[R.O. 1988 § 15-79; Ord. No. 3500 § 2, 4-1-2002]
The City of Rolla is authorized and empowered to enforce the requirements of this Chapter in accordance with the procedures of this Section and the procedures set forth in Article I, Section 15-13.
(a) 
Any person who violates any provision of this Chapter may be liable for any cost or expenses incurred as a result thereof by the City of Rolla.
(b) 
Penalties that may be assessed for those deemed to be in violation may include the following:
(1) 
A civil penalty in the form of a fine not more than five hundred dollars ($500.00) for each violation. Every day that such violation(s) continue will be considered a separate offense.
(2) 
A criminal penalty in the form of a fine of not more than five hundred dollars ($500.00) for each violation, imprisonment for not more than ninety (90) days, or both. Every day that such violation(s) continue will be considered a separate offense.
(3) 
Anyone who knowingly makes any false statements in any application, record, or plan required by this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) for each violation, imprisonment for not more than thirty (30) days, or both.
(c) 
In addition to any other sanctions listed in this Chapter, a person who fails to comply with the provisions of Article V of this Chapter shall be liable to the City in a civil action for damages in an amount equal to the cost of restoring the buffer. Damages that are recovered in accordance with this action shall be used for the restoration of the damaged buffer system.
[R.O. 1988 § 15-80; Ord. No. 3500 § 2, 4-1-2002]
(a) 
This Chapter shall apply to all proposed development except for activities that were completed prior to the effective date of this Chapter and had received the following:
(1) 
A valid, unexpired permit in accordance with development regulations;
(2) 
A current, executed public works agreement;
(3) 
A valid, unexpired land development permit;
(4) 
A waiver in accordance with current development regulations.
(b) 
The City of Rolla may grant a variance for the following:
(1) 
Those projects or activities for which it can be demonstrated that strict compliance with this Chapter would result in a practical difficulty or extreme financial hardship;
(2) 
Those projects or activities serving a public need where no feasible alternative is available;
(3) 
The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.
(c) 
A waiver for development may also be granted, if deemed appropriate by the City. The buffer width may be reduced at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the active stream channel is not disturbed by the reduction and no new structures are built within the one-hundred-year floodplain.
(d) 
The developer shall submit a written request for a variance to the City. The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request. The City may require an alternative analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.
(e) 
In granting a request for a variance, the City may require site design, landscape planting, fencing, signs, and water quality best management practices to reduce adverse impacts on water quality, streams, wetlands, and floodplains.