§ 500.227. Stream Buffer Protection., Chapter 500. Construction Generally, Building and Construction, Code of Ordinances, Warson Woods

Definitions. For the purpose of this Section, the following terms shall have the following meanings:

BUFFER: With respect to a stream, a natural or enhanced vegetated area (established by Subsection (D)(1)(a) below) lying adjacent to the stream.

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 manmade 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, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

LAND DEVELOPMENT ACTIVITY: Those actions or activities which comprise, facilitate or result in land development.

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.

LAND DISTURBANCE ACTIVITY: Those actions or activities which comprise, facilitate or result in land disturbance.

PARCEL: Any plot, lot or acreage shown as a unit on the latest County tax assessment records.

PERMIT: The permit issued by the City 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.

REDEVELOPMENT: The replatting of a parcel or parcels of land for the purpose of renovating or improving a parcel or parcels of land.

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 Section 500.227(D)(1)(b) extending beyond any buffer applicable to the stream.

STREAM: Any stream, beginning at:

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.

STREAM PROTECTION AREA OR PROTECTION AREA: With respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

TRANSPORTATION ROUTE: An open, generally public way for the passage of vehicles and people including roads, streets, roadway right-of-way, sidewalks, paths, trails, bridges or rail tracks.

Findings And Purposes.

Findings. Whereas, the Board of Aldermen of the City finds that buffers adjacent to streams provide numerous benefits including:

Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources;

Removing pollutants delivered in urban stormwater;

Reducing erosion and controlling sedimentation;

Protecting and stabilizing stream banks;

Providing for infiltration of stormwater runoff;

Maintaining base flow of streams;

Contributing organic matter that is a source of food and energy for the aquatic ecosystem;

Providing tree canopy to shade streams and promote desirable aquatic habitat;

Providing riparian wildlife habitat;

Furnishing scenic value and recreational opportunity; and

Providing opportunities for the protection and restoration of greenspace.

Purposes. The purpose of this Section 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:

Create buffer zones along the streams of the City for the protection of water resources; and

Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities.

To work in concert with the requirements of Section 500.225 to meet the goals set forth herein.

Applicability. This Section shall apply to all land development activity in conjunction with redevelopment on property containing a stream protection area as defined in Subsection (A) of this Section. These requirements are in addition to, and do not replace or supersede, any other applicable buffer or floodplain 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.

Grandfather provisions: This Section shall not apply to the following activities:

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 Section;

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;

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 Section; or

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 Section.

Exemptions. The following specific activities are exempt from this Section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

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; or

(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.

(7)

Addition, renovation, demolition and construction on a lot of record that does not constitute redevelopment.

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.

Land development activities of a governmental entity within a right-of-way.

Within an easement of any utility existing at the time this Section takes effect 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.

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 City Clerk on the next business day after commencement of the work. Within five (5) business days thereafter, the person shall apply for a permit and complete such work as expeditiously as possible and perform any remedial work the City determines is 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.

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.

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.

Normal use of property in conjunction with a single-family residential use.

	After the effective date of this Section, it shall apply to all new subdividing and platting activities.
	Except as set forth herein, 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 Subsection (E)(2) below.

Land Development Requirements.

Buffer and setback requirements: All land development activity subject to this Section shall meet the following requirements:

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 Section, 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.

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.

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

Variance Procedures. Variances from the above buffer and setback requirements may be requested by any person aggrieved by a denial of any permit hereunder in accordance with the following provisions:

Where a parcel was platted prior to the effective date of this Ordinance, and its shape, size, topography or other existing physical condition prevents land development consistent with this Section, the Board of Adjustment shall have the authority to grant a variance from the buffer and setback requirements hereunder.

Except as provided above, the Board of Adjustment shall grant no variance from any provision of this Section without first conducting a public hearing on the application for variance and authorizing the granting of the variance pursuant to Chapter 410 of the Municipal Code.

Variances will be considered only in the following cases:

When a property's shape, platted size, topography or other physical conditions existing at the time of the adoption of this Section prevents land development unless a buffer variance is granted.

Unusual circumstances when strict adherence to the minimal buffer requirements in the Section would create a practical difficulty or undue hardship ("hardship").

Variances will not be considered when, following adoption of this Section, actions of any property owner of a given property have created conditions of a hardship on that property.

At a minimum, a variance request shall include the following information:

A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features as determined by field survey;

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

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;

Detailed explanation of the hardship applicant would suffer should the buffer be maintained;

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;

A calculation of the total area and length of the proposed intrusion;

A stormwater management site plan, if applicable; and

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

The following factors will be considered in determining whether to issue a variance:

The shape, size, platting, topography, slope, soils, vegetation and other physical characteristics of the property;

The location of the stream on the property;

The location and extent of the proposed buffer or setback intrusion; and

Whether alternative designs are possible which require less intrusion or no intrusion;

The long-term and construction water-quality impacts of the proposed variance;

Whether issuance of the variance is at least as protective of natural resources and the environment;

Whether the requirements of this Section prohibit the otherwise lawful use of the property by the owner;

Whether any mitigation measures are required to offset the effects of any proposed land development on the parcel.

Compatibility With Other 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.

Additional Information Requirements For Development On Buffer Zone Properties.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

A site plan showing:

(1)

The entire property including the location of the stream;

(2)

Limits of required stream buffers and setbacks on the property;

(3)

Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;

(4)

Delineation of vegetated and open areas in the buffer zone; and

(5)

Proposed land development in the buffer and of all proposed impervious cover within the setback;

A description of all proposed land development within the buffer and setback; and,

Any other documentation that the City may reasonably deem necessary for review of the application and to insure that this Section is addressed in the approval process.

All buffer and setback areas must be recorded on the final plat of the property following plan approval. The final plat shall contain a note to reference the vegetated buffer that states: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Stream Buffer Protection Ordinance, Section 500.227 of the Municipal Code."

Responsibility. Neither the issuance of a building, land disturbance or other 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, its officers or employees for injury or damage to persons or property.

Inspection. The City 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. 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.

Violations, Enforcement And Penalties. Any action or inaction which violates the provisions of this Section shall be subject to the enforcement actions and penalties provided in Section 540.010. 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 penalties shall not prevent such equitable or any other relief.

Administrative Appeal. Any person aggrieved by a decision or order of a City Official hereunder may appeal pursuant to the procedures for appeal to the Board of Adjustment contained in Chapter 410 of the Warson Woods Municipal Code.