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HomeMy Public PortalAboutCity of Sunset HillsBILL NO. ORDINANCE NO. / C9I3 AN ORDINANCE ADOPTING APPENDIX H TO THE CODE OF ORDINANCES RELATIVE TO LAND DISTURBANCE REGULATIONS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SUNSET HILLS, MISSOURI, AS FOLLOWS: Section 1: Appendix H to the Code of Ordinances which reads in its entirety as follows is herby adopted, to -wit: "APPENDIX H" LAND DISTURBANCE REGULATIONS Sec. 1. Introduction/purpose. (a) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Deposits of eroded soil also necessitate maintenance of sewers and ditches and the dredging of lakes. In addition, clearing and grading during construction cause the loss of native vegetation necessary for terrestrial and aquatic habitat. Construction activities also utilize materials and generate wastes, which if not properly controlled can pollute receiving waters. (b) The purpose of this article is to safeguard persons, protect property and prevent damage to the environment in the city. This article will also promote the public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city. Sec. 2. Definitions. For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meanings given herein. Best management practice or BMPs: Practices, procedures or a schedule of activities to reduce the amount of sediment and other pollutants in storm water discharges associated with construction and land disturbance activities. Board: The Board of Aldermen of the City of Sunset Hills, Missouri. City: The City of Sunset Hills, Missouri. City Engineer: The City Engineer of the City of Sunset Hills, Missouri, or his/her designated representative. Clearing: Any activity that removes the vegetative surface cover. Construction or land disturbance site or site: A parcel of land or a contiguous combination thereof, where grading work is performed. Drainageway: Any channel that conveys surface runoff through a site. Erosion: The wearing away of land surface through the action of wind, water, gravity, or any combination of those forces. Grading: Reshaping the ground surface through excavation and/or fill of material, including the resulting conditions. Land disturbance activities: Any activity such as clearing, grading or any other action which results in removal of the natural site vegetation and destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water. Perimeter control: A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting it to a sediment trap or basin. Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase substantially completed before the clearing of the next. Runoff coefficient: The fraction of total rainfall that will appear at the outfalls from a site. Sediment control: Any BMP that prevents eroded sediment from leaving a site. Site disturbance permit: A permit issued by the city authorizing disturbance of the land at a specific site subject to conditions stated in the permit. Stabilization: The use of BMPs that prevent exposed soil from eroding including improvements and structures for the control of erosion, runoff and grading. Start of construction: The first land -disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Storm water pollution prevention plan (SWPPP): A management plan, the purpose of which is to ensure the design, implementation, management and maintenance of BMPs in order to reduce the amount of sediment and other pollutants in storm water discharges associated with land disturbance activities, comply with the standards of the city and ensure compliance with the terms and conditions of the applicable state permits, including adherence to the land disturbance program contained in Missouri State issued MSF NPDES permit. Water course: A natural or artificial channel or body of water, including, but not limited to lakes, ponds, rivers, streams, ditches or other open conveyances that carry surface runoff water either continuously or intermittently. Sec. 3. Permits. (a) Any person who intends to conduct any land disturbance activity that will disturb one acre or more or the city engineer determines that such activity may create an erosion, flooding, or sedimentation hazard must obtain a site disturbance permit from the city. (b) Any person who buys a lot for construction from a person who has been issued a permit under subsection (a) above (unless purchased for the purpose of building their own private residence) must obtain a separate site disturbance permit from the city unless the original permittee retains responsibility for the land disturbance activities on the sold lot. (c) Site disturbance permits are not required for the following activities: (1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. (2) Existing nursery and agricultural operations conducted as a permitted main or accessory use. (3) Sites less than one (1) acre in size. (4) Individual residentially zoned lots except that erosion control provisions, grading limits, low floor elevation, and storm water work including piping, swaling and ditching shall be shown on the plot plan and approved as part of the building permit. (d) Each permit application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a filing fee, as follows: One to Three Acre(s) Sites - $ 50.00 Three to Ten acre(s) - $100.00 Any Site over ten acres - $ 200.00 (e) Each permit application shall be accompanied by a storm water pollution prevention plan, prepared for the specific site by or under the direction of a professional engineer or registered landscape architect registered in the state and a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the storm water pollution prevention plan. (f) The permit applicant will be required to obtain a land disturbance permit issued by the Missouri Department of Natural Resources for any site where one acre or more of land will be disturbed, before beginning any site work authorized by a city permit. This requirement applies to sites of less than one acre that are part of a larger common plan that will ultimately disturb one acre or more. Sec. 4. Storm water pollution prevention plan (SWPPP). (a) The design requirements in Section 5 shall be taken into consideration when developing the storm water pollution prevention plan and the plan shall include the following: (1) Name, address and telephone number of the site owner and the name, address and telephone number of the individual who will be in overall responsible charge of construction/development activities at the site. (2) Site address or location description. (3) A site map showing the outlines of the total project area, the areas to be disturbed, existing land uses, locations and names of surface water bodies, locations of temporary and permanent BMPs and such other information as the city engineer may require. (4) Existing contours at a minimum of two -foot intervals of the site and at least 50 feet onto the adjoining strips of off -site property and proposed contours after completion of the proposed grading and development, based on United States Geological Survey datum, with established elevations at buildings, walks, drives, street and roads; and information on necessary clearing and grubbing, removal of existing structures, excavating, filling, spreading and compacting. (5) Estimated grading, silt control, retaining walls, detention basin outfall and sodding, revegetation, truck wash down area(s) and other items of work related to grading quantities. (6) Details of the site drainage pattern both before and after major grading activities, along with details of the site drainage system that will be utilized during the grading operation. Calculations shall be provided that will verify that the site drainage system has been designed properly. (7) Construction access to site. (8) Description of BMPs to be utilized to control erosion and sedimentation during the period of land disturbance. (9) Description of BMPs to be utilized to prevent other potential pollutants such as construction wastes, toxic or hazardous substances, petroleum products, pesticides, site litter, sanitary wastes and other pollutants from entering the natural drainage ways during the period of construction and land disturbance. (10) Description of BMPs that will be installed during land disturbance to control pollutants in storm water discharges that will occur after land disturbance activity has been completed. (11) Location of temporary off-street parking, and washdown area and water sources for related vehicles. (12) Sources of off -site borrow material or spoil sites, and all information relative to haul routes, trucks and equipment. Approval of the haul route from the agency having jurisdiction over the road(s) along the haul route. (13) The anticipated sequence of construction and land disturbance activities, including installation of BMPs, removal of BMPs, stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date(s) on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. (14) All erosion and sediment control measures necessary to meet the objectives of this ordinance throughout all phases of construction and after completion of site development. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. (15) Provisions for maintenance of erosion, sediment and storm water management control facilities during the site disturbance phase, including easements. (16) Plans for responding to any loss of contained sediment to include the immediate actions the permittee will take in case of a containment failure. This plan must include documentation of actions and mandatory reporting to the department of public works. (17) Schedules and procedures for routine inspections of any structures provided to prevent pollution of storm water or to remove pollutants from storm water and of the site in general to ensure all BMPs are continually implemented and are effective. (b) The permittee shall amend the storm water pollution prevention plan whenever: (1) Design operation or maintenance of BMPs is changed; (2) Design of the construction project is changed that could significantly affect the quality of the storm water discharges; (3) Site operator's inspections indicate deficiencies in the SWPPP or any BMP; (4) Inspections by the city or by the Missouri Department of Natural Resources indicate deficiencies in the SWPPP or any BMP; (5) The SWPPP is determined to be ineffective in significantly minimizing or controlling erosion or excessive sediment deposits in streams or lakes. (6) The SWPPP is determined to be ineffective in preventing pollution of waterways from construction wastes, chemicals, fueling facilities, concrete truck washouts, toxic or hazardous materials, site litter or any other substances or wastes likely to have an adverse impact on water quality. (7) The total settleable solids from a storm water outfall exceeds 0.5 ml/Uhr if the discharge is within the prescribed proximity of a "valuable resource water" as defined by the MDNR; (8) The total settleable solids from a storm water outfall exceeds 2.5 ml/Uhr for any other outfall; or (9) The city or the Missouri Department of Natural Resources determines violations of water quality standards may occur or have occurred. (c) The permittee shall: (1) Notify all contractors and other entities (including utility crews, city employees, or their. agents who perform work at the site, of the existence of the SWPPP and what actions or precautions shall be taken while on site to minimize the potential for erosion and the potential for damaging any BMP; (2) Determine the need for and establish training programs to ensure that all site works have been trained, as a minimum, in erosion control, material handling and storage, and housekeeping. (3) Provide copies of a SWPPP to all parties who are responsible for installation, operation or maintenance of any BMP; and (4) Maintain a current copy of the SWPPP on the site at all times. Sec. 5. Design requirements. (a) Grading, erosion control practices, sediment control practices, and water course crossings shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city engineer. (b) Cut and fill slopes shall be no greater than 3:1, except as approved by the city engineer to meet other community or environmental objectives. (c) Clearing techniques that retain existing vegetation to the maximum extent practicable shall be used and the time period for disturbed areas to be without vegetative cover shall be minimized to the extent practical, to the satisfaction of the city engineer. (d) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. (e) Phasing may be required on all sites disturbing greater than ten acres, with the size of each phase to be established at plan review and as approved by the city engineer. (f) Erosion control requirements shall include the following: (1) Soil stabilization shall be completed within five days of clearing or inactivity in construction. (2) If seeding or other vegetative erosion control method is used, it shall become established within two weeks or the department of public works may require the site to be reseeded or a non -vegetative option employed. (3) Techniques shall be employed to ensure stabilization on steep slopes and in drainage ways. (4) Soil stockpiles must be stabilized or covered at the end of each workday, or perimeter controls must be in place to prevent silt from the stockpile from leaving the site. (5) The entire site must be stabilized, using a heavy mulch layer or another method that, does not require germination to control erosion, at the close of the construction season. (6) Techniques shall be employed to prevent the blowing of dust or sediment from the site. (7) Techniques shall be employed to divert upland runoff past disturbed slopes. (g) Sediment control requirements shall include: (1) Settling basins, sediment traps, or tanks and perimeter controls. (2) Settling basins shall be provided for each drainage area with ten or more acres disturbed at one time shall be sized to contain 0.5 inch of sediment from the drainage area and be able to contain a two-year, 24 -hour storm. If the provision of a basin of this size is impractical, other similarly effective BMPs as evaluated and specified in the SWPPP, shall be provided. (3) Settling basins shall be designed in a manner that allows adaptation to provide long- term storm water management, as required by the department of public works. (4) Settling basins shall have stabilized spillways to minimize the potential for erosion of the spillway or basin embankment. (5) Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. (h) Water course protection requirements shall include: (1) Encroachment into or crossings of active water courses/riparian areas and wetlands shall be avoided to the maximum extent practicable. Where applicable, all local, state and federal permits and approvals shall be provided to the department of public works prior to the issuance of a site disturbance permit. (2) Stabilization of any watercourse channels before, during and after any channel work. (3) If a defined watercourse is to be re -aligned or reconfigured, clearing and grubbing activities within 50 feet of the watercourse shall not begin until all materials and equipment necessary to protect the watercourse and complete the work are on site. Once started, work shall be completed as soon as possible. Areas within 50 feet of the watercourse shall be recontoured and revegetated, seeded or otherwise protected within five working days after grading has ceased. (4) All storm water conveyances shall be designed according to the criteria of the Metropolitan St. Louis Sewer District (MSD) and the necessary MSD permits obtained. However, the 25 -year storm frequency shall be used in computing post development runoff. (5) Stabilization adequate to prevent erosion shall be provided at the outlets of all pipes and paved channels. (i) Construction site access requirements shall include: (1) A temporary access road provided at all sites including a wash -down area with an identified water sources supporting all active sites. (2) Other measures required by department of public works in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed with wash effluent channeled directly into storm drains. (j) Control requirements for construction materials, construction wastes and other wastes generated on site shall include provisions, satisfactory to the department of public works, for: (1) Spill prevention and control facilities for materials such as paint, solvents, petroleum products, chemicals, toxic or hazardous substances, substances regulated under the Resource Conservation and Recovery Act (RCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and any wastes generated from the use of such materials and substances, including their containers. Any containment systems employed to meet this requirement shall be constructed of materials compatible with the substances contained and shall be adequate to protect both surface and ground water. (2) Collection and disposal of discarded building materials and other construction site wastes, including those listed in subsection (1) above. (3) Litter control. (4) Control of concrete truck washouts. (5) Assurance that on -site fueling facilities will adhere to applicable federal and state regulations concerning storage and dispensers. (6) Provision of sufficient temporary toilet facilities to serve the number of workers on the site. Sec. 6. Inspections. (a) The department of public works shall make inspections and shall notify the permittee wherein the work fails to comply with the grading, erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the city engineer shall be maintained at the site during the progress of the work. (b) Permittee or his/her agent shall make regular inspections of the land disturbance, site, including all erosion and sediment and other pollutant control measures, outfalls and off -site receiving waters in accordance with the inspection schedule outlined in the approved SWPPP. Inspections must be scheduled at least once per week and no later than 72 hours after heavy rain. The purpose of such inspections will be to ensure proper installation, operation and maintenance of BMPs and to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form on weekly reports with copies submitted to the department of public works within 144 hours after the heavy rain. The inspection reports are to include the following minimum information: (1) Inspector's name and signature; (2) Date of inspection; (3) Observations relative to the effectiveness of the BMPs; (4) Actions taken or necessary to correct deficiencies; and (5) A listing of areas where land disturbance operations have permanently or temporarily stopped. In addition, the permittee shall notify the site contractor(s) responsible for any deficiencies identified so that deficiencies can be corrected within seven calendars of the inspection report. (c) The department of public works shall make inspections as deemed necessary to ensure the validity of the reports filed under subsection (b) or to otherwise ensure proper installation, operation and maintenance of storm water BMPs and to determine the overall effectiveness of SWPPP and the need for additional control measures. Sec. 7. Enforcement. (a) Stop -work order; revocation of permit. In the event that any person holding a site disturbance permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city engineer may suspend or revoke the site disturbance permit. (b) Violation and penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of the ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of the ordinance is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $1,000 for each offense. In addition to any other penalty authorized by this chapter, any person, partnership or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. (c) Project closure requirements. The land disturbance permit shall not be considered closed until all of the following have been completed: (1) All temporary storm water control BMPs have been removed and the site has been fully stabilized. (2) All permanent storm water control BMPs have been completed. (3) All final inspections/certifications have been completed by each of the government jurisdictions involved in authorizing the project. (4) The on -site and off -site areas have been revegetated whereas the city engineer has determined that erosion is no longer a concern." Section 2: This Ordinance shall take effect immediately upon its passage and approval. PASSED THIS 10th DAY OF January , 2006. APPROVED THIS 10th DAY OF \\‘ sUNSh'' e `�es � � e =v. OFFICIAL January , 2006. / or of Sunset Hills, Missouri 9 BILL NO. 60 - 4 ORDINANCE NO. 1675 AN ORDINANCE AMENDING VARIOUS SECTIONS OF APPENDIX B (ZONING REGULATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF SUNSET HILLS, MISSOURI. WHEREAS, on the 24th day of April, 2007, the Board of Aldermen of the City of Sunset Hills, Missouri, held a public hearing relative to amending various sections of the Zoning Regulations of the Code of Ordinances of the City of Sunset Hills, Missouri, by adding thereto new definitions of attached garage, detached garage, temporary storage structure and petivanent storage structure and adding various provisions to the NU, R-1, R-2, R-3, R-4, R-5 and R-6 zoning categories; and WHEREAS, the Planning and Zoning Commission has made a recommendation for approval; and WHEREAS, the Board of Aldermen believes that the amendments as proposed are proper and good planning practice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SUNSET HILLS, MISSOURI, AS FOLLOWS; Section 1: Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding new definitions to subsection 3.1 as follows: Attached Garage: An attached garage has a wall, roof or other structural member in common with, or in contact with, the primary building; and is constructed with materials consistent with those used to construct the primary structure; and all garages other than "Detached Garage". Detached Garage: A detached garage is entirely surrounded by open space and does not have a wall, roof or other structural member in common with or in contact with the primary building,. A covered walkway or shade covering may connect a detached garage to the primary structure. Temporary Storage Structure: A building that does not have, nor is bolted to, a foundation, and sets directly on the ground, gravel or concrete pad or other improved area. Temporary storage structures include, but are not limited to such structures as "child playhouses" and buildings used for storage of items such as lawn equipment, yard tools and implements, pool equipment, outdoor furniture and accessories. Structure cannot exceed 250 square feet in gross floor area nor exceed eighteen (18) feet in height. Permanent Storage Structure: All others than those defined as "Temporary Storage Structure". Section 2: Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding a new Subsection 4.3-4(F) to the R-1 Single -Family Residential District Regulations as follows: (F) For any one family or two family dwelling there shall be permitted one detached garage or covered carport. The detached garage or carport space shall not exceed 250 sq. ft. for each 3,000 sq. ft. of lot area; provided, that in no event shall such area exceed a total of 1,200 sq. ft. or 50% of the square footage of the footprint of the residence plus attached garage whichever is smaller. An attached garage, detached garage or carport shall be subject to the same required setbacks as the main structure. Detached garage roof line cannot exceed the height of the residence or 24 ft. whichever is less. An attached garage cannot be larger than 50% of the square footage of the footprint of the living space of the residence and cannot have a roof line taller than the existing residence. Detached and attached garages must be built in a style compatible to and of similar material as the existing residence. Exterior appearance shall be compatible with residential construction. Pre-engineered metal buildings are not compatible with residential construction. No pole barns, Quonset huts or permanent steel buildings are allowed as garages. Pole barns are allowed only as stables. 2 Section 3: In all areas no entry door on an attached or detached garage or accessory or storage structure can be taller than 9 ft. Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding a new Subsection 4.4-4(F) to the R-2 Single -Family Residential District Regulations as follows: (F) For any one family or two family dwelling there shall be permitted one detached garage or covered carport. The detached garage or carport space shall not exceed 250 sq. ft. for each 3,000 sq. ft. of lot area; provided, that in no event shall such area exceed a total of 1,200 sq. ft. or 50% of the square footage of the footprint of the residence plus attached garage whichever is smaller. An attached garage, detached garage or carport shall be subject to the same required setbacks as the main structure. Detached garage roof line cannot exceed the height of the residence or 24 ft. whichever is less. An attached garage cannot be larger than 50% of the square footage of the footprint of the living space of the residence and cannot have a roof line taller than the existing residence. Detached and attached garages must be built in a style compatible to and of similar material as the existing residence. Exterior appearance shall be compatible with residential construction. Pre-engineered metal buildings are not compatible with residential construction. No pole barns, Quonset huts or peinianent steel buildings are allowed as garages. Pole barns are allowed only as stables. In all areas no entry door on an attached or detached garage or accessory or storage structure can be taller than 9 ft. Section 4: Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding a new Subsection 4.5-4(F) to the R-3 Single -Family Residential District Regulations as follows: (F) For any one family or two family dwelling there shall be permitted one detached garage or covered carport. The detached garage or carport space shall not exceed 250 sq. ft. for each 3,000 sq. ft. of lot area; provided, that in no event shall such area exceed a total of 1,200 sq. ft. or 50% of the square footage of the footprint of the residence plus attached garage whichever is smaller. An attached garage, detached garage or carport shall be subject to the same required setbacks as the main structure. Detached garage roof line cannot exceed the height of the residence or 24 ft. whichever is less. 3 An attached garage cannot be larger than 50% of the square footage of the footprint of the living space of the residence and cannot have a roof line taller than the existing residence. Detached and attached garages must be built in a style compatible to and of similar material as the existing residence. Exterior appearance shall be compatible with residential construction. Pre-engineered metal buildings are not compatible with residential construction. No pole barns, Quonset huts or permanent steel buildings are allowed as garages. Pole barns are allowed only as stables. Section 5: In all areas no entry door on an attached or detached garage or accessory or storage structure can be taller than 9 ft. Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding a new Subsection 4.6-4(F) to the R-4 Single -Family Residential District Regulations as follows: (F) For any one family or two family dwelling there shall be permitted one detached garage or covered carport. The detached garage or carport space shall not exceed 250 sq. ft. for each 3,000 sq. ft. of lot area; provided, that in no event shall such area exceed a total of 1,200 sq. ft. or 50% of the square footage of the footprint of the residence plus attached garage whichever is smaller. An attached garage, detached garage or carport shall be subject to the same required setbacks as the main structure. Detached garage roof line cannot exceed the height of the residence or 24 ft. whichever is less. An attached garage cannot be larger than 50% of the square footage of the footprint of the living space of the residence and cannot have a roof line taller than the existing residence. Detached and attached garages must be built in a style compatible to and of similar material as the existing residence. Exterior appearance shall be compatible with residential construction. Pre-engineered metal buildings are not compatible with residential construction. No pole barns, Quonset huts or permanent steel buildings are allowed as garages. Pole barns are allowed only as stables. In all areas no entry door on an attached or detached garage or accessory or storage structure can be taller than 9 ft. Section 6: Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding to Section 5.12-2(A)6 the following language, to -wit: 4 No more than two temporary storage structures per residential lot are permitted for lots ranging in size from 4,356 sq. ft. to 87,119 sq. ft. in R-1, R-2, R-3, R-4, R-5, R-6 or NU Districts. For lots of 2.0 acres or more, two additional temporary storage structures shall be peiniitted for each full increment of 43,560 sq. ft. of land area. Section 7: Appendix B (Zoning Regulations) of the Code of Ordinances is hereby amended by adding to Section 6.4-4 the following language, to -wit: (G) Improved/paved parking areas cannot cover more than 35% of the required lot size less the footprint of the existing residence. Section 8: This Ordinance shall take effect immediately upon its passage and approval. PASSED THIS 24th DAY OF April APPROVED THIS 24th DAY OF gU N s 6o OFFICIAL ov' r. • 0 SEAL ATTEST: coJ`\���`� (.IT10CLERK April 5 , 2007. , 2007. BILL NO. 23 ORDINANCE NO. 1704 AN ORDINANCE APPROVING THE TREE MANUAL AND STANDARDS OF PRACTICE FOR THE CITY OF SUNSET HILLS, MISSOURI. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SUNSET HILLS, MISSOURI, AS FOLLOWS: Section 1. The Tree Manual and Standards of Practice for the City of Sunset Hills, Missouri attached hereto as Exhibit "A" and made part hereof is hereby approved. Section 2. This Ordinance shall take effect immediately upon its passage and approval. PASSED THIS 13th DAY OF November APPROVED THIS 13th oiiiiiiittio Cj o OFFICIAL °\N 4, ei :*ii N e L e 0 uti11Fi11� LERI( DAY OF November MAYOR , 2007. 2007. BILL NO. 38 (Amended) ORDINANCE NO. 1712 AN ORDINANCE ADOPTING AND ENACTING A STREAM BUFFER PROTECTION ORDINANCE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF SUNSET HILLS, MISSOURI, AS FOLLOWS: Section 1. Title This ordinance shall be known as the "Sunset Hills Stream Buffer Protection Ordinance." Section 2. Findings and Purposes 2.1. Findings Whereas, the Board of Aldermen finds that buffers adjacent to streams provide numerous benefits including: (1) Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources (2) Removing pollutants delivered in urban stormwater (3) Reducing erosion and controlling sedimentation (4) Protecting and stabilizing stream banks (5) Providing for infiltration of stormwater 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) s Furnishing scenic value and recreational opportunity 1 (11) Providing opportunities for the protection and restoration of greenspace 2.2. Purposes The purpose of this Ordinance 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 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. Section 3. Definitions "Buffer" means, with respect to a stream, a natural or enhanced vegetated area (established by Section 5.1.1 below), lying adjacent to the stream. "City" means City of Sunset Hills, Missouri. "Impervious Cover" means 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" means 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" means those actions or activities which comprise, facilitate or result in land development. "Land Disturbance" means 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" means those actions or activities which comprise, facilitate or result in land disturbance. "Floodplain" means any land area susceptible to flooding, which would have at least a one percent 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. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment 2 records. "Permit" means the permit issued by the City required for undertaking any land development activity. "Person" means 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. "Protection Area, or Stream Protection Area" means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream. "Riparian" means belonging or related to the bank of a river, stream, lake, pond or impoundment. "Setback" means, with respect to a stream, the area established by Section 5.1.2 extending beyond any buffer applicable to the stream. "Stream" means any stream, beginning at: (1) All natural watercourses depicted by a solid or dashed blue line on the most current United States 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 25 acres or more. "Stream Bank" means the sloping land that contains the stream channel and the normal flows of the stream. Where no established top -of -bank can be detennined, 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" means the portion of a watercourse that contains the base flow of the stream. Section 4. Applicability This ordinance shall apply to all land development activity on property containing a stream protection area as defined in Section 3 of this ordinance. 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. 4.1. Grandfather Provisions This ordinance shall not apply to the following activities: 3 (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 ordinance. (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 ordinance. (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 years of the effective date of this ordinance. 4.2 Exemptions The following specific activities are exempt from this ordinance. 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 of the following: . a stream crossing by a driveway, transportation route or utility line; public water . . supply intake or public wastewater structures or stormwater outfalls; . intrusions necessary to provide access to a property; . public access facilities that must be on the water including boat ramps, . docks, foot trails leading directly to the river, fishing platforms and overlooks; . unpaved foot trails and paths; . 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 Item 4.2.(1), above. (3) Land development activities within a right-of-way existing at the time this ordinance takes effect or approved under the terms of this ordinance. (4) Within an easement of any utility existing at the time this ordinance takes effect or approved under the terms of this ordinance, 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 City 4 on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the City 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 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. (8) The replacement of an existing structure on a single family lot that is less than one acre in area with the stipulation that the replacement structure is located no closer to the stream than the previously existing structure. After the effective date of this ordinance, it shall apply to new subdividing and platting activities. (7) 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 5.2 below. Section 5. Land Development Requirements 5.1. Buffer and Setback Requirements All land development activity subject to this ordinance 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 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 ordinance, an undisturbed natural vegetative buffer shall be maintained for 25 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank. (2) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. 5.2. Variance Procedures Variances from the above buffer and setback requirements may be granted in accordance with the following provisions: (1) Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the City finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the Board of 5 Adjustment of City may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. (2) Except as provided above, the Board of Adjustment of City shall grant no variance from any provision of this ordinance 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 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. Variances will be considered only in the following cases: a. When a property shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted. b. Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship. Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property. (3) At a minimum, a variance request shall include the following infoluiation: 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 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 stormwater 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. 6 (4) The following factors will be considered in deteii lining 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; and, 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; f. Whether issuance of the variance is at least as protective of natural resources and the environment. Section 6. Compatibility with Other Regulations and requirements This ordinance 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 ordinance should be considered minimum requirements, and where any provision of this ordinance 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. Section 7. 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 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; 7 (2) A description of all proposed land development within the buffer and setback; and, (3) Any other documentation that the Board of Adjustment may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance 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 Stream Buffer Protection Ordinance (# ). Section 8. Responsibility Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this ordinance 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 City, its officers or employees, for injury or damage to persons or property. Section 9. 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 ordinance, 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. Section 10. Violations, Enforcement and Penalties Any action or inaction which violates the provisions of this ordinance 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 10.1. Notice of Violation If the City 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 ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a R person is engaged in activity covered by this ordinance without having first secured the appropriate permit therefor, 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 ordinance 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 Board of Adjustment 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, 24 hours notice shall be sufficient). 10.2. 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 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 City 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 30 days (except that in the event the violation constitutes an immediate danger to public health or public safety, 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 City may take any one or more of the following actions or impose any one or more of the following penalties. (1) Stop Work Order - The City 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 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 n (3) forth in the notice of violation or has otherwise cured the violations described therein. Suspension, Revocation or Modification of Permit - The City 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 City 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 days (or such greater period as the City shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the City has taken one or more of the actions described above, the City may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after the compliance date. Criminal Penalties - For violations of this ordinance, the City may issue a citation to the applicant or other responsible person, requiring such person to appear in St. Louis County Circuit Court, Sunset Hills Municipal Division, to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 90 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. (5) Section 11. Administrative Appeal and Judicial Review 11.1 Administrative Appeal Any person aggrieved by a decision or order of City may appeal in writing within 10 days 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 within 15 days of receipt of the written appeal. 11.2. Judicial Review Any person aggrieved by a decision or order of City, after exhausting all administrative remedies, shall have the right to appeal de novo to the Circuit Court of St. Louis County, Missouri. Section 12. Severability If any article, section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance. Section 13. This Ordinance shall take effect immediately upon its passage and approval. 10 PASSED THIS 12th DAY OF February APPROVED THIS 12th ATTEST: DAY OF CITY 1LERK , 2008. 11 CITY OF SUNSET HILLS DEPARTMENT OF PUBLIC WORKS February 8, 2008 To: The Mayor and the Board of Aldermen From: Anne Lamitola, P.E. City Engineer/ Director of Public Works Regarding: Stream Buffer Ordinance LL 1\; O • 'v (AAAMDC1j The Public Works Committee discussed the proposed stream buffer ordinance at the January 15, 2008 and the February 5, 2008 meetings. A revised ordinance has been included in the packet that essentially has three major modifications. ® The first modification is to section 4.2(8) which provides for an exemption for structure replacement on lot sizes of less than one acre. ® The second modification is that section 5.1(2) was eliminated. Therefore, only a 25 foot buffer will apply to intermittent blue line streams on the USGS map. The original ordinance proposed a 50 foot buffer. ® The third modification is to section 10.2(4) which describes the penalties associated with the ordinance. This modification ensures that penalties will not be assess until after the compliance date instead of the date that the notice of violation was issued. Some additional information: 1) Approximately 2/3 of the municipalities that have passed (or are in the process of passing) the post -construction ordinance have selected the stream buffer strategy (of the 3 that are approved) 2) St. Charles County, O'Fallon, and others have eliminated 5.1(2), therefore establishing a 25 foot vegetative buffer (instead of 50 foot)