[Ord. No. 3911-07 §1, 12-19-2007]
This Chapter shall apply to all land development activity on property containing a stream protection area as defined in Article III 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.
[Ord. No. 3911-07 §1, 12-19-2007]
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.
[Ord. No. 3911-07 §1, 12-19-2007]
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.
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 Subsection (1) above.
3.
Land development activities within a right-of-way existing at the
time this Chapter takes effect or approved under the terms of this
Chapter.
4.
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.
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 Public Works Department 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 Public Works Department
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 Corps of
Engineers and 401 water quality certification issued by the Missouri
Department of Natural Resources.
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After the effective date of this Chapter, it shall apply to
new subdividing and platting activities.
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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 413.080 below.
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