HomeMy Public PortalAboutCity of Bellefontaine NeighborsINTRODUCED BY ALDERMAN HOLLIS
BILL NO. 2159 ORDINANCE NO. a(�
AN ORDINANCE ADOPTING REGULATIONS
FOR STREAM BUFFER PROTECTION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
BELLEFONTAINE NEIGHBORS, MISSOURI, AS FOLLOWS:
Section One.
The following Stream Buffer Protection Code is hereby adopted
by the City of Bellefontaine Neighbors, Missouri, as a part of the
Bellefontaine Neighbors City Code, to wit:
ARTICLE 1. TITLE
This ordinance shall be known as the "City of Bellefontaine
Neighbors, Missouri, Stream Buffer Protection Ordinance."
ARTICLE 2. FINDINGS AND PURPOSES
SECTION 2.1 FINDINGS
The Board of Aldermen of the City of Bellefontaine Neighbors,
Missouri finds that buffers adjacent to streams provide numerous
benefits including:
A. Protecting, restoring and maintaining the chemical,
physical and biological integrity of streams and their water
resources
B. Removing pollutants delivered in urban stormwater
C. Reducing erosion and controlling sedimentation
D. Protecting and stabilizing stream banks
E. Providing for infiltration of stormwater runoff
F. Maintaining base flow of streams
G. Contributing organic matter that is a source of food and
energy for the aquatic ecosystem
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H. Providing tree canopy to shade streams and promote
desirable aquatic habitat
I. Providing riparian wildlife habitat
�. Furnishing scenic value and recreational opportunity
K. Providing opportunities for the protection and restoration
of green space
SECTION 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:
A. Create buffer zones along the streams of City of
Bellefontaine Neighbors for the protection of water
resources; and,
B. Minimize land development within such buffers by
establishing buffer zone requirements and by requiring
authorization for any such activities.
ARTICLE 3. DEFINITIONS
"Buffer" means, with respect to a stream, a natural or
enhanced vegetated area lying adjacent to the stream.
"Impervious Cover" means any manmade paved, hardened or
structural surface regardless of material. Impervious cover
includes but is not limited to s roofto buildings, streets, roads,
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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,
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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,
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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
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latest county tax assessment records.
"Permit" means the permit issued by the City of Bellefontaine
Neighbors 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 pursuant to these regulations 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 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" means the portion of a watercourse that
contains the base flow of the stream.
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ARTICLE 4. APPLICABILITY
This ordinance shall apply to all land development activity on
property containing a stream protection area as defined in Article
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.
SECTION 4.1 GRANDFATHER PROVISIONS
This ordinance shall not apply to the following activities:
A. 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.
B. 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.
C. 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.
D. 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.
SECTION 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.
A. Activities for the purpose of building one of the following:
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- 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.
B. 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 Section 4.2A., above.
C. Land development activities within a right-of-way existing
at the time this ordinance takes effect or approved under the
terms of this ordinance.
D. 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.
E. Emergency work necessary to preserve life or property.
However, when emergency work is performed under this section,
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the person performing it shall report such work to the City
Engineer 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 Engineer to be reasonably necessary to
correct any impairment such emergency work may have caused
to the water conveyance capacity,sta bi stability or water quality it of
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the protection area.
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F. Forestry and silviculture activities on land that is zoned for
forestry, silvicultural or agricultural uses and are not incidental
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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.
G. 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.
After the effective date of this ordinance, 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
these regulations.
ARTICLE 5. LAND DEVELOPMENT REQUIREMENTS
SECTION 5.1 BUFFER AND SETBACK REQUIREMENTS
All land development activity subject to this ordinance shall meet
the following requirements:
A. 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.
B. An additional setback shall be maintained for 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.
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C. No septic tanks or septic tank drain fields shall be
permitted within the buffer or the setback.
SECTION 5.2 VARIANCE PROCEDURES
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 ordinance, and its shape, topography or other existing
..
physical condition prevents land development consistent with
this ordinance, and the City Engineer finds and determines that
the requirements of this ordinance prohibit the otherwise lawful
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use of the property by the owner, the Board of Adjustment of
City of Bellefontaine Neighbors 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.
B. Except as provided above, the Board of Adjustment of City
of Bellefontaine Neighbors 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 of Bellefontaine Neighbors shallgive public
.
notice of each such public hearing in a newspaper of general
circulation within City of Bellefontaine Neighbors.
Variances will be considered only in th.e following cases:
1. When a property's shape, topography
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physical conditions existing at the time of the adoption of
this ordinance prevents land development unless a buffer
variance is granted.
2. 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 givena property
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have created conditions of a hardship on that property.
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C. At a minimum, a variance request shall include the
following information:
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1. A site map that includes locations of all streams,
wetlands, floodplain boundaries and other natural features,
as determined by field survey;
2. A description of the shape, size, topography, slope,
soils, vegetation and other physical characteristics of the
property;
3. 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;
4. Documentation of unusual hardship should the buffer
be maintained;
5. At least one alternative plan, which does not include
a buffer or setback intrusion, or an explanation of why
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such a site plan is not possible;
6. A calculation of the total area and length of the
proposed intrusion;
7. A stormwater management site plan, if applicable;
and,
8. Proposed mitigation, if any, for the intrusion. If no
mitigation is proposed, the request must include an
explanation of why none is being proposed.
D. The following factors will be considered in determining
whether to issue a variance:
1. The shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
2. The locations of all streams on the property,
including along property boundaries;
3. The location and extent of the buffer or
proposed
setback intrusion; and,
4. Whether alternative designs are possible which
require less intrusion or no intrusion;
5. The long-term and construction water -quality
impacts of the proposed variance;
6. Whether issuance of the variance is at least as
protective of natural resources and the environment.
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ARTICLE 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
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protective standards for human health or the environment shall
be considered to take precedence.
ARTICLE 7. ADDITIONAL INFORMATION REQUIREMENTS
FOR DEVELOPMENT ON BUFFER ZONE
PROPERTIES
SECTION 7.1 SITE PLAN INFORMATION
Any permit applications for property requiring buffers and
setbacks hereunder must include the following:
A. A site plan showing:
1. The location of all streams on the property;
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 forested and open areas in the buffer
zone; and,
5. Detailed plans of all proposed land development in
the buffer and of all proposed impervious cover within the
setback;
B. A description of all proposed land development within the
buffer and setback; and,
C. Any other documentation that the City may reasonably
deem necessary for review of the application and to insure that
the buffer zone ordinance is addressed in the approval pr
ocess.
p ocess.
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,
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construction or disturbance of vegetation except as permitted by
Stream Buffer Protection Ordinance of the City of Bellefontaine
Neighbors".
ARTICLE 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 of Bellefontaine Neighbors, its officers or
employees, for injury or damage to persons or property.
ARTICLE 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 inspections.
ins ections.
The City of Bellefontaine Neighbors 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 on any
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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 purposes for 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.
ARTICLE 10. VIOLATIONS, ENFORCEMENT AND
PENALTIES
Any action or inaction which violates the provisions of this
ordinance or the requirements of an approved siteplanor pp 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
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any of the penalties described below shall not prevent such
equitable relief.
SECTION 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 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':
A. The name and address of the owner or the applicant or the
responsible person;
B. The address or other description of the site upon which the
violation is occurring;
C. A statement specifying the nature of the violation;
D. 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;
E. A statement of the penalty or penalties that may be
assessed against the person to whom the notice of
violation is directed; and,
F. A statement that the determination of violation may be
appealed to the City Engineer 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).
SECTION 10.2 PENALTIES
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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 of the
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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 ten days
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(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.
A. 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.
B. 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
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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 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
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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.
D. 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 receipt of the notice of violation.
(5) Criminal Penalties - For intentional and flagrant
violations of this ordinance, the citation may be issued by
the City Bellefontaine Neighbors to the applicant or other
responsible person, requiring such person to appear in City
of Bellefontaine Neighbors municipal court to answer
charges for such violation. Upon conviction, such person
shall be punished by a fine not to exceed$1,000 or
imprisonment for 60 days or both. Each act of violation
and each day upon which any violation shall occur shall
constitute a separate offense.
ARTICLE 11. ADMINISTRATIVE APPEAL AND JUDICIAL
REVIEW
SECTION 11.1 ADMINISTRATIVE APPEAL
Any person aggrieved by a decision or order of the City's
enforcement personnel, may appeal in writing filed with the City
Clerk within 10 days after the issuance of such decision or order
for a hearing before the Board of Adjustment of City of
Bellefontaine Neighbors.
SECTION 11.1 JUDICIAL REVIEW
Any person aggrieved by a decision or order of Board of
Adjustment, after exhausting all administrative remedies, shall
have the right to seek review in the Circuit Court of St. Louis
County pursuant to the provision of Chapter 536, RSMo. by filing
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for judicial review within fifteen (15) days of the decision for
which review is sought
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Section Two.
It is hereby declared to be the intention of the Board of
Aldermen that each and every part, section and subsection of this
Ordinance shall be separate and severable from each and every other
part, section and subsection hereof and that the Board of Aldermen
intends to adopt each said part, section and subsection separately and
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independently of any other part, section and subsection. In the event
that any part of this Ordinance shall be determined to be or to have
been unlawful or unconstitutional, the remaining parts, sections and
subsections shall be and remain in full force and effect.
Section Three.
The Chapter, Article, Division and/or Section assignments
designated in this Ordinance may be revised and altered in the process
of recodifying or servicing the City's Code of Ordinances upon
supplementation of such code if, in the discretion of the editor, an
alternative designation would be more reasonable. In adjusting such
designations the editor may also change other designations and
numerical assignment of code sections to accommodate such changes.
Section Four.
This Ordinance shall be in full force and effect from and after its
passage and approval by the Mayor.
PASSED BY THE BOARD OF ALDERMEN FOR THE CITY OF
BELLEFONTAINE NEIGHBORS THIS ' DAY OF /7)9,edi
2008.
Attest:
Presiding Officer
Denise Donovan, City Clerk
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APPROVED THIS oZO DAY OF TYh2d\ , 2008.
-/)7)-/ a47-L,—cLeel
Marty Rudloff, Mayor
Attest:
Denise Donovan, City Clerk
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