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City of Brentwood, MO
Tuesday, March 23, 2021
Chapter 400. Zoning
ARTICLE V. Supplemental Regulations
Division 9. Stream Buffer Protection
Section 400.3030. Findings and Purpose.
[R.O. 2009 §25-504; Ord. No. 4117 §1, 3-3-2008]
A. Whereas the Board of Aldermen of the City of Brentwood, Missouri, 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 storm water.
3. Reducing erosion and controlling sedimentation.
4. Protecting and stabilizing stream banks.
5. Providing for infiltration of storm water 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 greenspace.
B. The purpose of this Division 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 of Brentwood, Missouri, 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 400.3040. Definitions.
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[R.O. 2009 §25-505; Ord. No. 4117 §1, 3-3-2008]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have
the meanings given herein.
BUFFER
With respect to a stream, a natural or enhanced vegetated area (established by Section 400.3050
below) lying adjacent to the stream.
FLOOD PLAIN
Any land area susceptible to flooding, which would have at least a one percent (1%) probability of
flooding occurrence in any calendar year based on the basin being fully developed as shown on
the current land use plan, i.e., the regulatory flood.
IMPERVIOUS COVER
Any manmade paved, hardened or structural surface regardless of material. Impervious cover
includes, but is not limited to, rooftops, buildings, streets, roads, decks, swimming pools and any
concrete or asphalt.
LAND DEVELOPMENT
Any land change including, but not limited to, clearing, grubbing, stripping, removal of vegetation,
dredging, grading, excavating, transporting and filling of land, construction, paving and any other
installation of impervious cover.
LAND DEVELOPMENT ACTIVITY
Those actions or activities which comprise, facilitate or result in land development.
LAND DISTURBANCE
Any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal
of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve
construction, paving or any other installation of impervious cover.
LAND DISTURBANCE ACTIVITY
Those actions or activities which comprise, facilitate or result in land disturbance.
PARCEL
Any plot, lot or acreage shown as a unit on the latest County tax assessment records.
PERMIT
The permit issued by the Department of Planning and Development 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 400.3060 extending beyond any buffer
applicable to the stream.
STREAM
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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 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 400.3050. Applicability.
[R.O. 2009 §25-506; Ord. No. 4117 §1, 3-3-2008]
A. This Division shall apply to all land development activity on property containing a stream
protection area as defined in Section 400.3040 of this Division. 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.
1. Grandfather provisions. This Division 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 Division.
b. 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.
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 Division.
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 (2) years of the effective date of this
Division.
2. Exemptions. The following specific activities are exempt from this Division. 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 (1) of the following:
(1) A stream crossing by a driveway, transportation route or utility line;
(2) Public water supply intake or public wastewater structures or storm water 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;
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(5) Public 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 400.3050(2)
(a) above.
c. Land development activities within a right-of-way existing at the time this Division takes
effect or approved under the terms of this Division.
d. Within an easement of any utility existing at the time this Division takes effect or
approved under the terms of this Division, 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
(review and permitting authority) 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 (review and permitting
authority) 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 Corps of Engineers and 401
water quality certification issued by the Missouri Department of Natural Resources.
3. After the effective date of this Division, it shall apply to new subdividing and platting activities.
4. 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 400.3060(B) below.
Section 400.3060. Land Development Requirements.
[R.O. 2009 §25-507; Ord. No. 4117 §1, 3-3-2008]
A. Buffer And Setback Requirements. All land development activity subject to this Division 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 Division, an undisturbed natural vegetative buffer shall be maintained
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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. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
B. 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 Division and its shape,
topography or other existing physical condition prevents land development consistent with this
Division and the Department of Planning and Development finds and determines that the
requirements of this Division prohibit the otherwise lawful use of the property by the owner,
the Board of Adjustment of the City of Brentwood, Missouri, 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.
2. Except as provided above, the Board of Adjustment of the City of Brentwood, Missouri, shall
grant no variance from any provision of this Division 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 Brentwood, Missouri, shall give public notice of
each such public hearing in a newspaper of general circulation within the City of Brentwood,
Missouri. The Department of Planning and Development 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's shape, topography or other physical conditions existing at the time of
the adoption of this Division 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 Division,
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 information:
a. A site map that includes locations of all streams, wetlands, flood plain 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;
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g. A storm water 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.
4. The following factors 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;
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; and
f. Whether issuance of the variance is at least as protective of natural resources and the
environment.
Section 400.3070. Compatibility With Other Regulations and
Requirements.
[R.O. 2009 §25-508; Ord. No. 4117 §1, 3-3-2008]
This Division 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 Division should be considered minimum
requirements and where any provision of this Division 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 400.3080. Additional Information Requirements for
Development on Buffer Zone Properties.
[R.O. 2009 §25-509; Ord. No. 4117 §1, 3-3-2008]
A. 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;
2. A description of all proposed land development within the buffer and setback; and
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3. 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 either recorded on a final plat or depicted on a site
plan 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 this and any other applicable ordinances of the City
of Brentwood."
Section 400.3090. Responsibility.
[R.O. 2009 §25-510; Ord. No. 4117 §1, 3-3-2008]
Neither the issuance of a development permit nor compliance with the conditions thereof nor with the
provisions of this Division 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 of Brentwood, Missouri, its officers or employees for injury or damage to persons
or property.
Section 400.3100. Inspection.
[R.O. 2009 §25-511; Ord. No. 4117 §1, 3-3-2008]
A. The Director of Planning and Development 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 of Planning and
Development in making such inspections. The City of Brentwood shall have the authority to
conduct such investigations as it may reasonably deem necessary to carry out its duties as
prescribed in this Division 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.
B. 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 400.3110. Violations, Enforcement and Penalties.
[R.O. 2009 §25-512; Ord. No. 4117 §1, 3-3-2008]
Any action or inaction which violates the provisions of this Division or the requirements of an approved
site plan or permit shall be subject to all penalties and all enforcement actions set forth in this Chapter.
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 or
enforcement actions described above shall be in addition to, and not in lieu of, equitable relief.
Section 400.3120. through Section 400.3140. (Reserved)
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