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City of Breckenridge Hills, MO
Friday, March 26, 2021
Chapter 525. Stormwater Runoff Operation and
Maintenance Program and Stream Buffer Protection
Regulations
Article I. Prevention and Reduction of Pollution in
Stormwater Runoff Operation and Maintenance Program
Section 525.010. Adoption of Operation and Maintenance
Program.
[Ord. No. 1109 §1, 3-7-2007]
The City of Breckenridge Hills hereby adopts the operation and maintenance program for prevention
and reduction of pollution in stormwater runoff, and said program is on file in City Hall.
Article II. Stream Buffer Protection Regulations
Section 525.020. Title.
[Ord. No. 1127 §1, 2-25-2008]
This Article shall be known as the "City of Breckenridge Hills Stream Buffer Protection Ordinance".
Section 525.030. Findings and Purposes.
[Ord. No. 1127 §2, 2-25-2008]
Findings. Whereas the Building Department of the City of Breckenridge Hills finds that buffers
adjacent to streams provide numerous benefits including:
Protecting, restoring and maintaining the chemical, physical and biological integrity of streams
and their water resources;
Removing pollutants delivered in urban stormwater;
Reducing erosion and controlling sedimentation;
Protecting and stabilizing stream banks;
Providing for infiltration of stormwater runoff;
Maintaining base flow of streams;
Contributing organic matter that is a source of food and energy for the aquatic ecosystem;
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Providing tree canopy to shade streams and promote desirable aquatic habitat;
Providing riparian wildlife habitat;
Furnishing scenic value and recreational opportunity; and
Providing opportunities for the protection and restoration of greenspace.
Purposes. The purpose of this 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:
Create buffer zones along the streams of the City of Breckenridge Hills for the protection of
water resources; and
Minimize land development within such buffers by establishing buffer zone requirements and
by requiring authorization for any such activities.
Section 525.040. Definitions.
[Ord. No. 1127 §3, 2-25-2008]
When used in this Article, the following words shall have the following meanings:
BUFFER
With respect to a stream, a natural or enhanced vegetated area (established by Section
525.060(A)(1) below) lying adjacent to the stream.
FLOODPLAIN
Any land area susceptible to flooding, which would have at least a one percent (1%) probability of
flooding occurrence in any calendar year based on the basin being fully developed as shown on
the current land use plan, i.e., the regulatory flood.
IMPERVIOUS COVER
Any manmade paved, hardened or structural surface regardless of material. Impervious cover
includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any
concrete or asphalt.
LAND DEVELOPMENT
Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation,
dredging, grading, excavating, transporting and filling of land, construction, paving and any other
installation of impervious cover.
LAND DEVELOPMENT ACTIVITY
Those actions or activities which comprise, facilitate or result in land development.
LAND DISTURBANCE
Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal
of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve
construction, paving or any other installation of impervious cover.
LAND DISTURBANCE ACTIVITY
Those actions or activities which comprise, facilitate or result in land disturbance.
PARCEL
Any plot, lot or acreage shown as a unit on the latest County tax assessment records.
PERMIT
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The permit issued by the City of Breckenridge Hills required for undertaking any land development
activity.
PERSON
Any individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, City, County or other
political subdivision of the State, any interstate body or any other legal entity.
PROTECTION AREA OR STREAM PROTECTION AREA
With respect to a stream, the combined areas of all required buffers and setbacks applicable to
such stream.
RIPARIAN
Belonging or related to the bank of a river, stream, lake, pond or impoundment.
SETBACK
With respect to a stream, the area established by Section 525.060(A)(2) extending beyond any
buffer applicable to the stream.
STREAM
Any stream, beginning at:
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
A point in the stream channel with a drainage area of twenty-five (25) acres or more.
STREAM BANK
The sloping land that contains the stream channel and the normal flows of the stream. Where no
established top-of-bank can be determined, the stream bank will be the "ordinary high water mark"
as defined by the Corps of Engineers in Title 33 of the Code of Federal Regulation, Part 328.3.
STREAM CHANNEL
The portion of a watercourse that contains the base flow of the stream.
Section 525.050. Applicability.
[Ord. No. 1127 §4, 2-25-2008]
This Article shall apply to all land development activity on property containing a stream protection
area as defined in Section 525.040 of this Article. These requirements are in addition to, and do
not replace or supersede, any other applicable buffer or floodplain requirements established under
State law and approval or exemption from these requirements do not constitute approval or
exemption from buffer requirements established under State law or from other applicable local,
State or Federal regulations.
Grandfather Provisions. This Article shall not apply to the following activities:
Work consisting of the repair or maintenance of any lawful use of land that is zoned and
approved for such use on or before the effective date of this Article.
Existing development and ongoing land disturbance activities including, but not limited to,
existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that
new development or land disturbance activities on such properties will be subject to all
applicable buffer requirements.
Any land development activity that is under construction, fully approved for development,
scheduled for permit approval or has been submitted for approval as of the effective date of
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Land development activity that has not been submitted for approval, but that is part of a larger
master development plan, such as for an office park or other phased development that has
been previously approved within two (2) years of the effective date of this Article.
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.
Activities for the purpose of building one (1) 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.
Public sewer line easements. This includes such impervious cover as is necessary for the
operation and maintenance of the utility including, but not limited to, manholes, vents and
valve structures. This exemption shall not be construed as allowing the construction of roads,
bike paths or other transportation routes in such easements, regardless of paving material,
except for access for the uses specifically cited in Subsection (C)(1) above.
Land development activities within a right-of-way existing at the time this Article takes effect
or approved under the terms of this Article.
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.
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 of
Breckenridge Hills Building Department on the next business day after commencement of the
work. Within ten (10) days thereafter, the person shall apply for a permit and perform such
work within such time period as may be determined by the City of Breckenridge Hills Building
Department to be reasonably necessary to correct any impairment such emergency work may
have caused to the water conveyance capacity, stability or water quality of the protection
area.
Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural
uses and are not incidental to other land development activity. If such activity results in land
disturbance in the buffer that would otherwise be prohibited, then no other land disturbing
activity other than normal forest management practices will be allowed on the entire property
for three (3) years after the end of the activities that intruded on the buffer.
Any activities approved under a 404 permit issued by the Corps of Engineers and 401 Water
Quality Certification issued by the Missouri Department of Natural Resources.
After the effective date of this Article, it shall apply to new subdividing and platting activities.
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Any land development activity within a buffer established hereunder or any impervious cover
within a setback established hereunder is prohibited unless a variance is granted pursuant to
Section 525.060(B) below.
Section 525.060. Land Development Requirements.
[Ord. No. 1127 §5, 2-25-2008]
Buffer And Setback Requirements. All land development activity subject to this Article shall meet
the following requirements:
For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural
vegetative buffer shall be maintained for fifty (50) feet, measured horizontally, on both banks
(as applicable) of the stream as measured from the top of the stream bank. For all other
streams subject to this 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.
An additional setback shall be maintained for twenty-five (25) feet, measured horizontally,
beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be
prohibited. Grading, filling and earthmoving shall be minimized within the setback.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
Variance Procedures. Variances from the above buffer and setback requirements may be granted
in accordance with the following provisions:
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 City of Breckenridge Hills Building Department 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 of Breckenridge Hills 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.
Except as provided above, the Board of Adjustment of the City of Breckenridge Hills 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 of Breckenridge Hills shall give public notice of each
such public hearing in a newspaper of general circulation within the City of Breckenridge Hills.
The City of Breckenridge Hills 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:
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.
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 Article,
actions of any property owner of a given property have created conditions of a
hardship on that property.
At a minimum, a variance request shall include the following information:
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A site map that includes locations of all streams, wetlands, floodplain boundaries and
other natural features as determined by field survey;
A description of the shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
A detailed site plan that shows the locations of all existing and proposed structures and
other impervious cover, the limits of all existing and proposed land disturbance, both
inside and outside the buffer and setback. The exact area of the buffer to be affected
shall be accurately and clearly indicated;
Documentation of unusual hardship should the buffer be maintained;
At least one (1) alternative plan, which does not include a buffer or setback intrusion, or
an explanation of why such a site plan is not possible;
A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request
must include an explanation of why none is being proposed.
The following factors will be considered in determining whether to issue a variance:
The shape, size, topography, slope, soils, vegetation and other physical characteristics of
the property;
The locations of all streams on the property, including along property boundaries;
The location and extent of the proposed buffer or setback intrusion;
Whether alternative designs are possible which require less intrusion or no intrusion;
The long-term and construction water-quality impacts of the proposed variance; and
Whether issuance of the variance is at least as protective of natural resources and the
environment.
Section 525.070. Compatibility With Other Regulations and
Requirements.
[Ord. No. 1127 §6, 2-25-2008]
This Article 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 Article should be considered minimum
requirements, and where any provision of this Article 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 525.080. Additional Information Requirements for
Development on Buffer Zone Properties.
[Ord. No. 1127§7, 2-25-2008]
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Any permit applications for property requiring buffers and setbacks hereunder must include the
following:
A site plan showing:
The location of all streams on the property;
Limits of required stream buffers and setbacks on the property;
Buffer zone topography with contour lines at no greater than five (5) foot contour
intervals;
Delineation of forested and open areas in the buffer zone; and
Detailed plans of all proposed land development in the buffer and of all proposed
impervious cover within the setback;
A description of all proposed land development within the buffer and setback; and
Any other documentation that the (review and permitting authority) 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 City of Breckenridge Hills Ord. No. 1127, this Chapter".
Section 525.090. Responsibility.
[Ord. No. 1127 §8, 2-25-2008]
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the
provisions of this Chapter 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 Breckenridge Hills, its officers or employees, for injury or damage to persons or
property.
Section 525.100. Inspection.
[Ord. No. 1127 §9, 2-25-2008]
The Building Department 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 Building Department in making such inspections. The City of
Breckenridge Hills shall have the authority to conduct such investigations as it may reasonably
deem necessary to carry out its duties as prescribed in this Chapter and for this purpose to enter
at reasonable times 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 525.110. Violations, Enforcement and Penalties.
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[Ord. No. 1127 §10, 2-25-2008]
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.
Notice Of Violation. If the Building Department 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, 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 Article 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:
The name and address of the owner or the applicant or the responsible person;
The address or other description of the site upon which the violation is occurring;
A statement specifying the nature of the violation;
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;
A statement of the penalty or penalties that may be assessed against the person to whom the
notice of violation is directed; and
A statement that the determination of violation may be appealed to the Building Department
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, twenty-four (24) hours' notice shall be sufficient).
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 (1) 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 Building Department 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 Building Department may take any one (1) or more of the following actions or
impose any one (1) or more of the following penalties.
Stop work order. The Building Department 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.
Withhold certificate of occupancy. The Building Department 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.
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Suspension, revocation or modification of permit. The Building Department 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
Building Department may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
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 (10) days (or such greater period as the Building Department shall deem
appropriate) (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) after the Building
Department has taken one (1) or more of the actions described above, the Building
Department may impose a penalty not to exceed one thousand dollars ($1,000.00)
(depending on the severity of the violation) for each day the violation remains unremedied
after receipt of the notice of violation.
Criminal penalties. For intentional and flagrant violations of this Article, the Building
Department may issue a citation to the applicant or other responsible person requiring such
person to appear in the City of Breckenridge Hills Municipal Court to answer charges for such
violation. Upon conviction, such person shall be punished by a fine not to exceed five hundred
dollars ($500.00) or imprisonment for thirty (30) days or both. Each act of violation and each
day upon which any violation shall occur shall constitute a separate offense.
Section 525.120. Administrative Appeal and Judicial Review.
[Ord. No. 1127 §11, 2-25-2008]
Administrative Appeal. Any person aggrieved by a decision or order of the Building Department
may appeal in writing within thirty (30) days after the issuance of such decision or order to the
Board of Adjustment of the City of Breckenridge Hills and shall be entitled to a hearing before the
Board of Adjustment of the City of Breckenridge Hills within thirty (30) days of receipt of the written
appeal.
Judicial Review. Any person aggrieved by a decision or order of the Building Department, after
exhausting all administrative remedies, shall have the right to appeal de novo to the Circuit Court
of St. Louis County.
Section 525.130. Severability.
[Ord. No. 1127 §12, 2-25-2008]
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.