HomeMy Public PortalAboutCity of Black Jack3/23/2021 Black Jack, MO Code of Ordinances
ARTICLE III. - STREAM BUFFER PROTECTION
Sec. 7.5-50. - Findings and purposes.
(a) Vegetated buffers adjacent to natural watercourses provide numerous environmental protection and
resource management benefits, including the following:
(1) Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their
water resources;
(2) Removing pollutants delivered in urban stormwater;
(3) Reducing erosion and control 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) Furnishing scenic value and recreational opportunity;
(11) Providing opportunities for the protection and restoration of green space.
(b) The purpose of this article is to protect the public health, safety, environment and general welfare; to
minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream
water quality by provisions designed to:
(1) Create buffer zones along the streams of the city for the protection of water resources; and
(2) Minimize land development within such buffers by establishing buffer zone requirements and by
requiring authorization for any such activities.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-51. - Definitions.
The following words and phrases when used in this article shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by section 7.5-55(a)(1)
below, lying adjacent to the stream.
Director means the Director of Public Works for the City of Black Jack and his/her designee.
Impervious cover means any man-made paved, hardened or structural surface regardless of material. Impervious
cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or
asphalt.
Land development means any land change, including, but not limited to clearing, grubbing, stripping, removal of
vegetation, dredging, grading, excavation, transporting and filling of land, construction, paving and any other
installation of impervious cover.
1/8
3/23/2021 Black Jack, MO Code of Ordinances
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.
Floodp/ain means any land area susceptible to flooding, which would have at least a one (1) 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.
Parce/ means any plot, lot or acreage shown as a unit on the latest county tax assessment records.
Permit means the permit issued by the director 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.
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 7.5-55(a)(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 State
Geological Survey (U.S.G.S.) 7.5 Minute Series (Topographic) Maps for Missouri; or
(2) A point in the stream channel with a drainage area of twenty-five (25) acres or more.
Stream bank 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.
Stream protection area or protection area means, with respect to a stream, the combined areas of all required
buffers and setbacks applicable to such stream.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-52. - Applicability.
This article shall apply to all land development activity on property containing a stream protection area. These
requirements are in addition to, and do not replace or supersede, any other applicable buffer or flood plain
requirements established under state law, and approval or exemption from these requirements does not constitute
approval or exemption from buffer requirements established under state law or from other applicable local, state or
federal regulations.
(Ord. No. 941, § 1, 7-15-08)
2/8
3/23/2021 Black Jack, MO Code of Ordinances
Sec. 7.5-53. - Grandfather provisions.
This article 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 article.
(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 article.
(d) Land development activity that has been submitted for approval, but that is part of a larger master
development plan, such as for an office park or other phased development that has been previously
approved within two (2) years of the effective date of this article.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-54. - Exemptions.
The following specific activities are exempt from this article. Exemption of these activities does not constitute an
exemption for any other activity proposed on a property.
(a) Activities for the purpose of building one 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;
(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.
(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 7.5-
54(a)(1) above.
(c) Land development activities within a right-of-way existing at the time this article takes effect or approved
under the terms of this article.
(d) Within an easement of any utility existing at the time this article takes effect or approved under the terms of
this article, land disturbance activities and such impervious cover as is necessary for the operation and
maintenance of the utility, including but not limited to manholes, vents and valve structures.
(e) Emergency work necessary to preserve life or property. However, when emergency work is performed under
this section, the person performing it shall report such work to the director on the next business day after
commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform
3/8
3/23/2021 Black Jack, MO Code of Ordinances
such work within such time period as may be determined by the director to be reasonably necessary to
correct any impairment such emergency work may have caused to the water conveyance capacity, stability or
water, quality of the protection area.
(f) 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.
(g) Any activities approved under a 404 permit issued by the United States Army Corps of Engineers and 401
water quality certification issued by the Missouri Department of Natural Resources.
After the effective date of this article, it shall apply to new subdividing and platting activities.
Any land development activity within a buffer established hereunder or any impervious cover within a setback
established hereunder is prohibited unless a variance is granted pursuant to section 7.5-55(b), below.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-55. - Land development requirements.
(a) Buffer and setback requirements. All land development activity subject to this article shall meet the following
requirements:
(1) For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer
shall be maintained for fifty (50) feet, measured horizontally, on both banks (as applicable) of the stream
as measured from the top of the stream bank. For all other streams subject to this article, an undisturbed
natural vegetative buffer shall be maintained for twenty-five (25) feet measured horizontally, on both
banks (as applicable) of the stream as measured from the top of the stream bank.
(2) An additional setback shall be maintained for twenty-five (25) feet, measured horizontally, beyond the
undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling,
and earthmoving shall be minimized within the setback.
(3) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
(b) Variance procedures.
(1) Variances from the above buffer and setback requirements may be granted in accordance with the
following provisions:
a. Where a parcel was platted prior to the effective date of this article, and its shape, topography or
other existing physical condition prevents land development consistent with this article, and the
director finds and determines that the requirements of this article prohibit the otherwise lawful use
of the property by the owner, the board of adjustment of the city may grant a variance from the
buffer and setback requirements hereunder, provided such variance requires mitigation measures to
offset the effects of any proposed land development on the parcel.
b. Except as provided above, the board of adjustment of the city shall grant no variance from any
provision of this article without first conducting a public hearing on the application for variance and
authorizing the granting of the variance by an affirmative vote of the board of adjustment. The city
shall give public notice of each such public hearing in a newspaper of general circulation within the
4/8
3/23/2021 Black Jack, MO Code of Ordinances
city. The city shall require that the applicant post a sign giving notice of the proposed variance and the
public hearing. The sign shall be of a size and posted in such a location on the property as to be
clearly visible from the primary adjacent road right-of-way.
(2) Variances will be considered only in the following cases:
a. When a property's shape, topography or other physical conditions existing at the time of the adoption
of this article prevents land development unless a buffer variance is granted.
b. Unusual circumstances when strict adherence to the minimal buffer requirements in this article
would create an extreme hardship.
(3) Variances will not be considered when, following adoption of this article, actions of any property owner of
a given property have created conditions of a hardship on that property.
(4) At a minimum, a variance request shall include the following information:
a. A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural
features, as determined by field survey;
b. A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics
of the property;
c. A detailed site plan that shows the locations of all existing and proposed structures and other
impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the
buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly
indicated;
d. Documentation of unusual hardship should the buffer be maintained;
e. At least one (1) alternative plan, which does not include a buffer or setback intrusion, or an
explanation of why such a site plan is not possible;
f. A calculation of the total area and length of the proposed intrusion;
g. A 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.
The following facts will be considered in determining whether to issue a variance:
a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b. The locations of all streams on the property, including along property boundaries;
c. The location and extent of the proposed buffer or setback intrusion; 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.
(Ord. No. 941, § 1, 7-15-08)
(5)
Sec. 7.5-56. - Compatibility with other regulations and requirements.
This article is not intended to interfere with, abrogate or annul any other article, rule or regulation, statute or other
provision or law. The requirements of this article should be considered minimum requirements, and where any
provision of this article imposes restrictions different from those imposed by any other article, rule, regulation or other
5/8
3/23/2021 Black Jack, MO Code of Ordinances
provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or
environment shall be considered to take precedence.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-57. - Additional information requirements for development on buffer zone properties.
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 director may reasonably deem necessary for review of the application
to insure that the buffer zone article is addressed in the approval process.
All buffer and setback areas must be recorded on the final plat of the property following plan approval. A note
to reference the vegetated buffer shall state: "There shall be no clearing, grading, construction or disturbance
of vegetation except as permitted by the City of Black Jack Stream Buffer Protection."
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-58. - Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of
this article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or
property; nor shall the issuance of any permit hereunder serve to impose any liability upon the city, its officers or
employees, for injury or damage to persons or property.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-59. - Inspection.
The director may cause inspections of the work in the buffer or setback to be made periodically during the course
thereof and shall make a final inspection following completion of the work. The permittee shall assist the director in
making such inspections. The city shall have the authority to conduct such investigations as it may reasonably deem
necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable time upon any
property, public or private, for the purpose of investigating and inspecting the sites of any land development activities
within the protection area.
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.
6/8
3/23/2021 Black Jack, MO Code of Ordinances
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-60. - Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this article or the requirements of an approved site plan or
permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is
continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable
relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
(a) Notice of violation.
(1) If the director determines that an applicant or other responsible person has failed to comply with the
terms and conditions of a permit, an approved site plan or the provisions of this article, the director shall
issue a written notice of violation to such applicant or other responsible person. Where a person is
engaged in activity covered by this article without having first secured the appropriate permit therefore,
the notice of violation shall be served on the owner or the responsible person in charge of the activity
being conducted on the site.
(2) 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 article and the date for the completion of such remedial
action;
e. A statement of 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 director by filing a written
notice of appeal within thirty (30) days after a notice of violation (except that in the event the violation
constitutes an immediate danger to public health or safety, twenty-four (24) hours notice shall be
sufficient).
(b) 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 director shall first
notify the applicant or other responsible person in writing of its intended action, and shall provide a
reasonable opportunity, of not less than ten (10) days (except that in the event the violation constitutes an
immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient) to cure
such violation. In the event the applicant or other responsible person fails to cure such violation after such
notice and cure period, the director may take any one or more of the following actions or impose any one or
more of the following penalties:
(1) Stop work order. The director may issue a stop work order which shall be served on the applicant or
other responsible person. The stop work order shall remain in effect until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or has otherwise
7/8
3/23/2021 Black Jack, MO Code of Ordinances
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 director may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on the site until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or has otherwise
cured the violations described therein.
(3) Suspension, revocation or modification of permit. The director may suspend, revoke or modify the permit
authorizing the land development project. A suspended, revoked or modified permit may be reinstated
after the applicant or other responsible person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein, provided such permit may be reinstated
(upon such conditions as the director may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
(4) Penalties. For violations of this article, the director may issue a citation to the applicant or other
responsible person, requiring such person to appear in the municipal court of the city to answer charges
for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand
dollars ($1,000.00) or imprisonment for ninety (90) days or both for each offense. each act of violation
and each day upon which any violation shall occur shall constitute a separate offense.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-61. - Administrative appeal and judicial review.
(a) Administrative appeal. Any person aggrieved by a decision or order of the director may appeal in writing after
the issuance of such decision or order to the board of adjustment, and shall be entitled to a hearing before
the board of adjustment of the city.
(b) Judicial review. Any person aggrieved by a decision or order of the director, after exhausting all
administrative remedies, shall have the right to appeal de novo to the Circuit Court of St. Louis County,
Missouri.
(Ord. No. 941, § 1, 7-15-08)
Sec. 7.5-62. - Severability.
If any article, section, subsection, paragraph, clause, phrase or provision of this article shall be adjudged invalid or
held unconstitutional, such decision shall not affect or invalidate the remaining portions of this article.
(Ord. No. 941, § 1, 7-15-08)
8/8