[Ord. No. 1943, 11-16-2017]
A. Vegetated buffers adjacent to natural watercourses provide numerous
environmental protection and resource management benefits, including
the following:
1.
Protecting, restoring and maintaining the chemical, physical
and biological integrity of streams and their water resources;
2.
Removing pollutants delivered in urban storm water;
3.
Reducing erosion and control sedimentation;
4.
Protecting and stabilizing stream banks;
5.
Providing for infiltration of storm water 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
green space.
B. The purpose of this Article 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:
1.
Create buffer zones along the streams of the City for the protection
of water resources; and
2.
Minimize land development within such buffers by establishing
buffer zone requirements and by requiring authorization for any such
activities.
[Ord. No. 1943, 11-16-2017]
The following words and phrases when used in this Article shall
have the meanings given to them in this Section unless the context
clearly indicates otherwise:
BUFFER
With respect to a stream, a natural or enhanced vegetated
area (established by this Code), lying adjacent to the stream.
DIRECTOR
The Director of Public Works for the City of Woodson Terrace
and his/her designee.
FLOODPLAIN
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.
IMPERVIOUS COVER
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.
LAND DEVELOPMENT
Any land change, including, but not limited to clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavation,
transporting and filling of land, construction, paving and any other
installation of impervious cover.
LAND DISTURBANCE
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.
PARCEL
Any plot, lot or acreage shown as a unit on the latest county
tax assessment records.
PERMIT
The permit issued by the Director required for undertaking
any land development activity.
PERSON
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.
RIPARIAN
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
SETBACK
With respect to a stream, the area established by this Code
extending beyond any buffer applicable to the stream.
STREAM
Any stream, beginning at:
1.
All natural watercourses depicted by a solid or dashed blue
line on the most current United State Geological Survey (U.S.G.S.)
7.5 Minute Series (Topographic) Maps for Missouri; or
2.
A point in the stream channel with a drainage area of twenty-five
(25) acres or more.
STREAM BANK
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.
STREAM CHANNEL
The portion of a watercourse that contains the base flow
of the stream.
[Ord. No. 1943, 11-16-2017]
This Article shall apply to all land development activity on
property containing a stream protection area. 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 does not constitute
approval or exemption from buffer requirements established under State
law or from other applicable local, State or Federal regulations.
[Ord. No. 1943, 11-16-2017]
A. This Article 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 Article.
2.
Existing development and on-going 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 Article.
4.
Land development activity that has 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 Article.
[Ord. No. 1943, 11-16-2017]
A. The following specific activities are exempt from this Article. Exemption
of these activities does not constitute an exemption for any other
activity proposed on a property.
1.
Activities for the purpose of building one (1) of the following:
a.
A stream crossing by a driveway, transportation route or utility
line;
b.
Public water supply intake or public wastewater structures or
storm water outfalls;
c.
Intrusions necessary to provide access to a property;
d.
Public access facilities that must be on the water, including
boat ramps, docks, foot trails leading directly to the river, fishing
platforms and overlooks;
e.
Unpaved foot trails and paths;
f.
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.
2.
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 this Code.
3.
Land development activities within a right-of-way existing at
the time this Article takes effect or approved under the terms of
this Article.
4.
Within an easement of any utility existing at the time this
Article takes effect or approved under the terms of this Article,
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.
5.
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 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 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.
6.
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.
7.
Any Activities Approved Under A 404 Permit Issued By The United
States Army Corps Of Engineers And 401 Water Quality Certification
Issued By The Missouri Department Of Natural Resources.
After the effective date of this Article, it shall apply to
new subdividing and platting activities.
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 appropriate Sections
in this Chapter.
[Ord. No. 1943, 11-16-2017]
A. Buffer And Setback Requirements. All land development activity subject
to this Article shall meet the following requirements:
1.
For streams depicted as a solid blue line on the U.S.G.S. 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 Article, 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.
1.
Variances from the above buffer and setback requirements may
be granted in accordance with the following provisions:
a.
Where a parcel was platted prior to the effective date of this
Article, and its shape, topography or other existing physical condition
prevents land development consistent with this Article, and the Director
finds and determines that the requirements of this Article prohibit
the otherwise lawful use of the property by the owner, the Board of
Adjustment of the City 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.
b.
Except as provided above, the Board of Adjustment of the City
shall grant no variance from any provision of this Article 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 City shall give public notice of each
such public hearing in a newspaper of general circulation within the
City. The City shall require that the applicant post a sign giving
notice of the proposed variance and the public hearing. 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.
2.
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 Article prevents land
development unless a buffer variance is granted.
b.
Unusual circumstances when strict adherence to the minimal buffer
requirements in this Article would create an extreme hardship.
3.
Variances will not be considered when, following adoption of
this Article, actions of any property owner of a given property have
created conditions of a hardship on that property.
4.
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 storm water 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.
5.
The following facts 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. 1943, 11-16-2017]
This Article is not intended to interfere with, abrogate or
annul any other article, rule or regulation, statute or other provision
or law. The requirements of this Article should be considered minimum
requirements, and where any provision of this Article imposes restrictions
different from those imposed by any other article, rule, regulation
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or environment
shall be considered to take precedence.
[Ord. No. 1943, 11-16-2017]
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 (5) 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 Director may reasonably deem
necessary for review of the application to insure that the buffer
zone article is addressed in the approval process.
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 City of Woodson
Terrace Stream Buffer Protection."
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[Ord. No. 1943, 11-16-2017]
Neither the issuance of a development permit nor compliance
with the conditions thereof, nor with the provisions of this Article
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,
its officers or employees, for injury or damage to persons or property.
[Ord. No. 1943, 11-16-2017]
A. The Director of Public Works 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 Director 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 Article, 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. 1943, 11-16-2017]
A. Any action or inaction which violates the provisions of this Article
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.
a.
If the Director 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 Article, the Director
shall issue a written notice of violation to such applicant or other
responsible person. Where a person is engaged in activity covered
by this Article without having first secured the appropriate permit
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.
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 Article and the date for the completion
of such remedial action;
(5) A statement of 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 by filing a written notice of appeal
within thirty (30) days after a notice of violation (except that in
the event the violation constitutes an immediate danger to public
health or 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 Director 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 may take any one (1) or more of the following actions
or impose any one or (1) more of the following penalties:
a.
Stop Work Order. The Director 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 Director 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 Director
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 may deem necessary) to enable
the applicant or other responsible person to take the necessary remedial
measures to cure such violations.
d.
Penalties. For violations of this Article, the Director may
issue a citation to the applicant or other responsible person, requiring
such person to appear in the municipal court of the City 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, for each offense. Each
act of violation and each day upon which any violation shall occur
shall constitute a separate offense.
[Ord. No. 1943, 11-16-2017]
A. Administrative Appeal. Any person aggrieved by a decision or order
of the Director may appeal in writing after the issuance of such decision
or order to the Board of Adjustment, and shall be entitled to a hearing
before the Board of Adjustment of the City.
B. Judicial Review. Any person aggrieved by a decision or order of the
Director, after exhausting all administrative remedies, shall have
the right to appeal de novo to the Circuit Court of St. Louis County,
Missouri.
[Ord. No. 1943, 11-16-2017]
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.