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City of Frontenac, MO
Wednesday, March 17, 2021
Chapter 506. Stormwater Regulations
ARTICLE III . Stream Buffer Requirements
Section 506.440. Title.
[Ord. No. 2010-1621 §1, 4-20-2010]
This Article shall be known as the "Frontenac Stream Buffer Protection Ordinance".
Section 506.450. Introduction.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. The City of Frontenac finds that buffers adjacent to stream systems provide numerous
environmental protection and resource management benefits which can include 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 controlling sedimentation;
4. Protecting and stabilizing stream banks;
5. Providing for infiltration of stormwater runoff;
6. Maintaining base flow of streams;
7. Contributing the 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; and
11. Providing opportunities for the protection and restoration of green space.
Section 506.460. Purpose.
[Ord. No. 2010-1621 §1, 4-20-2010]
The purpose of this Article is to establish minimal acceptable requirements for the design of buffers to
protect the streams, wetlands and flood plains of the City of Frontenac; to protect the water quality of
watercourses, reservoirs, lakes, and other significant water resources within the City of Frontenac; to
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protect Frontenac's riparian and aquatic ecosystems; and to provide for the environmentally sound use
of Frontenac's land resources.
Section 506.470. Applicability.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. This Article shall apply to all land development activity on property containing a stream protection
area as defined in Article 1 of this Chapter. These requirements are in addition to, and do not
replace or supersede, any other applicable buffer or flood plain requirements established under
State or local 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.
B. Legal Non -Conforming Provisions. The following shall not apply to this Article:
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 Article.
2. 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.
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 Article.
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 (2) years of the effective date of this Article.
C. 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.
1. Activities for the purpose of building one (1) of the following:
a. A stream crossing by a driveway (bridge), transportation route or utility line;
b. Public water supply intake or public wastewater structures or stormwater outfalls;
c. Intrusions necessary to provide access to a property;
d. Public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
e. Foot trails and paths, pervious or impervious, approved only by the Public Works
Director; and
f. 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 and
said work is approved by the Public Works Director.
2. Public 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 (1) above.
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3. Land development activities within a right-of-way existing at the time this Article takes effect
or approved under the terms of this Article.
4. 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.
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 City 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.
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 (3) 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.
D. After the effective date of this Article, the requirements herein shall apply to new subdivisions and
platting activities. Any land disturbance 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 506.480 of this Article.
Section 506.480. Land Development Requirements.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Buffer And Setback Requirements. All land disturbance activity subject to this Article shall meet
the following requirements:
1. For streams as defined in 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. No septic tanks or septic tank drain fields shall be permitted within the buffer.
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 Article, and its shape, topography
or other existing physical condition prevents land development consistent with this Article, and
the City finds and determines that the requirements of this Article prohibit the otherwise lawful
use of the property by the owner, the Board of Adjustment 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 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. The City of
Frontenac shall give public notice of each such public hearing in a newspaper of general
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circulation within the City of Frontenac. The City of Frontenac 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.
C. Variances will be considered only in the following cases:
1. 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.
2. Unusual circumstances when strict adherence to the minimal buffer requirements in this
Article 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.
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;
A stormwater management site plan, if applicable; and
g.
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.
D. The following factors will be considered in determining whether to issue a variance:
1. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the
property;
2. The locations of all streams on the property, including along property boundaries;
3. The location and extent of the proposed buffer or setback intrusion;
4. Whether alternative designs are possible which require less intrusion or no intrusion;
5. The long-term and construction water quality impacts of the proposed variance; and
6. Whether issuance of the variance is at least as protective of natural resources and the
environment.
Section 506.490. Compatibility With Other Regulations and
Requirements.
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[Ord. No. 2010-1621 §1, 4-20-2010]
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 506.500. Additional Information Requirements For
Development On Buffer Zone Properties.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Any permit applications for property requiring buffers 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 on the property;
c. Buffer zone topography with contour lines at no greater than five (5) foot intervals;
d. Delineation of forested and open areas in the buffer zone; and
e. Detailed plans of all proposed land development in the buffer.
2. A description of all proposed land development within the buffer, and
3. Any other documentation that the City may reasonably deem necessary for review of the
application and to insure that the buffer zone ordinance is addressed in the approval process.
B. 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 of the City of Frontenac."
Section 506.510. Responsibility.
[Ord. No. 2010-1621 §1, 4-20-2010]
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 of Frontenac, its officers or employees for injury or damage to persons or
property.
Section 506.520. Inspection.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. The City may cause inspections of the work of the buffer to be made periodically during the course
thereof and shall make a final inspection following completion of the work. The permittee shall
assist the City in making such inspections. The City of Frontenac 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,
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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 506.530. Administrative Appeal and Judicial Review.
[Ord. No. 2010-1621 §1, 4-20-2010]
A. Administrative Appeal. Any person aggrieved by a decision or order of the City may appeal in
writing within seven (7) days after the issuance of such decision or order to the Frontenac City
Administrator and shall be entitled to a hearing before the Board of Adjustment within thirty (30)
days of receipt of the written appeal.
B. Judicial Review. Any person aggrieved by a decision or order of Board of Adjustment, after
exhausting all administrative remedies, shall have the right to appeal de novo to the Circuit Court
of St. Louis County, Missouri.
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