HomeMy Public PortalAboutCity of Calverton ParkBILL NO.
ORDINANCE NO.
INTRODUCED BY
63-6
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R.olaiNS
AN ORDINANCE ESTABLISHING STREAM BUFFER PROTECTION IN THE VILLAGE
OF CALVERTON PARK, MISSOURI.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF CALVERTON PARK, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:
SECTION 1. Title. This Ordinance shall be known as the "Village of Calverton Park Stream
Buffer Protection Ordinance".
SECTION 2. Findings and Purposes.
2.1 Findings. Whereas, the Board of Trustees of the Village of Calverton Park finds
that buffers adjacent to streams provide numerous benefits including:
(1) Protecting, restoring and maintaining the chemical, physical and biological
integrity of streams and their water resources
(2) Removing pollutants delivered in urban stormwater
(3) Reducing erosion and controlling sedimentation
(4) Protecting and stabilizing stream banks
(5) Providing for infiltration of stoimwater 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
2.2 Purposes. The purpose of this Ordinance is to protect the public health, safety,
environment and general welfare; to minimize public and private losses due to erosion, siltation
and water pollution; and to maintain stream water quality by provisions designed to:
(1) Create buffer zones along the streams of the Village of Calverton Park for the
protection of water resources; and
(2) Minimize land development within such buffers by establishing buffer zone
requirements and by requiring authorization for any such activities.
SECTION 3. Definitions
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"Buffer" means, with respect to a stream, a natural or enhanced vegetated area
(established by Section 5.1.1 below), lying adjacent to the stream.
"Impervious Cover" means any manmade paved, hardened or structural surface regardless
of material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads,
decks, swimming pools and any concrete or asphalt.
"Land Development" means any land change, including but not limited to clearing,
grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling
of land, construction, paving and any other scintillation 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, stepping, removal of vegetation, dredging, grading, excavating, transporting
and filling of land, that do not involve construction, paving or any other installation of
impervious cover.
"Land Disturbance Activity" means those actions or activities which comprise, facilitate
or result in land disturbance.
"Floodplain" means any land area susceptible to flooding, which would have at least a
one percent probability of flooding occurrence in any calendar year based on the basin being fully
developed as shown on the current land use plan; i.e., the regulatory flood.
"Parcel" means any plot, lot or acreage shown as a unit on the latest county tax
assessment records.
"Permit" means the permit issued by the Building Commissioner required for undertaking
any land development activity
"Person" means any individual, partnership, firm, associations, 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" mean, 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 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, Park 328.3.
"Stream Channel" means the portion of a watercourse that contains the base flow of the
stream.
SECTION 4. Applicability. This ordinance shall apply to all land development activity on
property containing a stream protection area as defined in Section 3 of this ordinance. These
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requirements are in addition to, and do not replace or supersede, any other applicable buffer or
flood plain requirements established under state law and approval or exemption from these
requirements do not constitute approval or exemption from buffer requirements established under
state law or from other applicable local, state or federal regulations.
4.1 Grandfather Provisions. This ordinance shall not apply to the following activities.
(1) Work consisting of the repair or maintenance of any lawful use of land that is
zoned and approved for such use on or before the effective date of this ordinance.
(2) Existing development and on -going land disturbance activities including but not
limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except
that new development or land disturbance activities on such properties will be subject to all
applicable buffer requirements.
(3) Any land development activity that is under construction, fully approved for
development, scheduled for permit approval or has been submitted for approval as of the
effective date of this ordinance.
(4) Land development activity that has not been submitted for approval, but that is
part of a larger master development plan, such as for an office park or other phased development
that has been previously approved within two years of the effective date of this ordinance.
4.2 Exemptions. The following specific activities are exempt from this ordinance.
Exemption of these activities does not constitute an exemption for any other activity proposed on
a property.
(1) Activities for the purpose of building one of the following:
- a stream crossing by a driveway, transportation route or utility line;
- public water supply intake or public wastewater structures or stormwater
outfalls;
- intrusions necessary to provide access to a property;
- public access facilities that must be on the water including boat ramps, docks,
foot trails leading directly to the river, fishing platforms and overlooks;
- unpaved foot trails and paths;
- activities to restore and enhance stream bank stability, vegetation, water quality
and/or aquatic habitat, so long as native vegetation and bioengineering techniques
are used.
(2) Public sewer line easements. This includes such impervious cover as is necessary
for the operation and maintenance of the utility, including but not limited to manholes, vents and
valve structures. This exemption shall not be construed as allowing the construction of roads,
bike paths or other transportation routes in such easements, regardless of paving material, except
for access for the uses specifically cited in Item 4.2.(1), above.
(3) Land development activities within a right-of-way existing at the time this
ordinance takes effect or approved under the terms of this ordinance.
(4) Within an easement of any utility existing at the time this ordinance takes effect or
approved under the terms of this ordinance, land disturbance activities and such impervious
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cover as is necessary for the operation and maintenance of the utility, including but not limited to
manholes, vents and valve structures.
(5) Emergency work necessary to preserve life or property. However, when
emergency work is performed under this section, the person performing it shall report such work
to the Building Commissioner 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 Building Commissioner to be reasonably necessary to
correct any impairment such emergency work may have caused to the water conveyance capacity,
stability or water quality of the protection area.
(6) Forestry and silviculture activities on land that is zoned for forestry, silvicultural
or agricultural uses and are not incidental to other land development activity. If such activity
results in land disturbance in the buffer that would otherwise be prohibited, then no other land
disturbing activity other than normal forest management practices will be allowed on the entire
property for three years after the end of the activities that intruded on the buffer.
(7) 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
Section 5.2 below.
SECTION 5. Land Development Requirements.
5.1 Buffer and Setback Requirements. All land development activity subject to this
ordinance shall meet the following requirements:
(1) For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed
natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks
(as applicable) of the stream as measured from the top of the stream bank. For all other streams
subject to this ordinance, an undisturbed natural vegetative buffer shall be maintained for 25 feet,
measured horizontally, on both banks (as applicable) of the stream as measured from the top of
the stream bank.
(2) 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.
(3) No septic tanks or septic tank drain fields shall be permitted within the buffer or
the setback.
5.2 Variance Procedures. Variances from the above buffer and setback requirements
may be granted in accordance with the following provisions:
(1) Where a parcel was platted prior to the effective date of this ordinance, and its
shape, topography or other existing physical condition prevents land development consistent with
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this ordinance, and the Building Commissioner finds an determines that the requirements of this
ordinance prohibit the otherwise lawful use of the property by the owner, the Board of
Adjustment of the Village of Calverton Park may grant a variance from the buffer and setback
requirements hereunder, provided such variance require mitigation measures to offset the effects
of any proposed land development on the parcel.
(2) Except as provided above, the Board of Adjustment of the Village of Calverton
Park 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 4 of the 5 members of the Board of Adjustment. The Village of Calverton
Park shall give public notice of each such public hearing in a newspaper of general circulation
within the Village of Calverton Park. The Village of Calverton Park 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 ordinance prevents land development unless a buffer variance is
granted.
b. Unusual circumstances when strict adherence to the minimal buffer
requirements in the ordinance would create an extreme hardship.
Variances will not be considered when, following adoption of this ordinance,
actions of any property owner of a given property have created conditions of a hardship on that
property.
(3) At a minimum, a variance request shall include the following 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 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 storumwater 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;
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c. The location and extent of the proposed buffer or setback intrusion; and,
d. Whether alternative designs are possible which require less intrusion or no
intrusion;
e. The long-term and construction water -quality impacts of the proposed
variance;
f. Whether issuance of the variance is at least as protective of natural resources
and the environment.
SECTION 6. Compatibility with Other Regulations and Requirements. This ordinance is not
intended to interfere with, abrogate or annul any other ordinance, rule or regulations, statute or
other provision of law. The requirements of this ordinance should be considered minimum
requirements, and where any provision of this ordinance imposes restrictions different from those
imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions
are more restrictive or impose higher protective standards for human health or the environment
shall be considered to take precedence.
SECTION 7. Additional Information Requirements for Development on Buffer Zone Properties.
Any permit applications for property requiring buffers and setbacks hereunder must include the
following:
(1) A site plan showing:
a. The location of all streams on the property;
b. Limits of required stream buffers and setbacks on the property;
c. Buffer zone topography with contour lines at no greater that 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,
(3) Any other documentation that the Building Commissioner 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 No. ".
SECTION 8. Responsibility. Neither the issuance of a development permit nor compliance
with the conditions thereof, nor with the provisions of this ordinance shall relieve any person
from any responsibility otherwise imposed by law for damage to persons or property; nor shall
the issuance of any permit hereunder serve to impose any liability upon the Village of Calverton
Park, its officers or employees, for injury or damage to persons or property.
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SECTION 9. Inspection. The Building Commissioner 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
Commissioner in making such inspections. The Village of Calverton Park shall have the
authority to conduct such investigations as it may reasonably deem necessary to carry out its
duties as prescribed in this ordinance, and for this purpose to enter at reasonable time upon any
property, public or private, for the purpose of investigating and inspecting the sites of any land
development activities within the protection area.
No person shall refuse entry or access to any authorized representative or agent who requests
entry for purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper or interfere with any such representative while in the process of carrying out
official duties.
SECTION 10. Violations, Enforcement and Penalties. Any action or inaction which violates the
provisions of this ordinance or the requirements of an approved site plan or permit may be
subject to the enforcement actions outlined in this Section. Any such action or inaction which is
continuous with respect to time is deemed to be a public nuisance and may be abated by
injunctive or other equitable relief. The imposition of any of the penalties described below shall
not prevent such equitable relief.
10.1 Notice of Violation. If the Building Commissioner 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, he 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 chare of the activity being
conducted on the site.
The notice of violation shall contain:
(1) The name and address of the owner or the applicant or the responsible person;
(2) The address or other description of the site upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the action or inaction
into compliance with the permit, the approved site plan or this ordinance and the date for the
completion of such remedial action;
(5) A statement of the penalty or penalties that may be assessed against the person to
whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the Building
Commissioner 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 safety, 24 hours notice shall be sufficient).
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10.2 Penalties. In the event the remedial measures described in the notice of violation
have not been completed by the date set forth for such completion in the notice of violation, any
one or more of the following actions or penalties may be taken or assessed against the person to
whom the notice of violation was directed. Before taking any of the following actions or
imposing any of the following penalties, the Building Commissioner 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 (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 Building Commissioner 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 Building Commissioner may issue a stop work order
which shall be served on the applicant or other responsible person. The stop work order shall
remain in effect until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violation or violations described
therein, provided the stop work order may be withdrawn or modified to enable the applicant or
other responsible person to take necessary remedial measures to cure such violation or violations.
(2) Withhold Certificate of Occupancy - The Building Commissioner may refuse to
issue a certificate of occupancy for the building or other improvements constructed or being
contructed 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 Building Commissioner
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 Commissioner may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
(4) Civil Penalties - In the event the applicant or other responsible person fails to take
the remedial measures set forth in the notice of violation or otherwise fails to cure the violations
described therein within ten days (or such greater period as the Building Commissioner 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 Building
Commissioner has taken one or more of the actions described above, the Building Commissioner
may impose a penalty not to exceed $1000.00 (depending on the every 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
Building Commissioner may issue a citation to the applicant or other responsible person,
requiring such person to appear in the Calverton Park Municipal Court to answer charges for
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such violation. Upon conviction, such person shall be punished by a fine not to exceed $1000.00
or imprisonment for 30 days or both. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
SECTION 11. Administrative Appeal and Judicial Review
11.1 Administrative Appeal. Any person aggrieved by a decision or order of the
Building Commissioner, may appeal in writing within 30 days after the issuance of such decision
or order to the Board of Adjustment of the Village of Calverton Park and shall be entitled to a
hearing before the Board of Adjustment of the Village of Calverton Park within 30 days of
receipt of the written appeal.
11.2 Judicial Review. Any person aggrieved by a decision or order of the Building
Commissioner, after exhausting all administrative remedies, shall have the right to appeal to the
Circuit Court of St. Louis County, Missouri.
SECTION 12. Severability. In any article, section, subsection, paragraph, clause, phrase or
provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall
not affect or invalidate the remaining portions of this ordinance.
SECTION 13. Effective When. This Ordinance shall be in full force and effect from and after
its date of passage, and approval by the Board of Trustees and being duly signed by the Chairman
of the Board of Trustees and Attested to by the Village Clerk.
PASSED
Chaff
HIS 2..Ctit_ day of (=Ed , 2008.
a. a•OGt
Board of Trustees
CARL F. KOHNEN
Village Attorney
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