HomeMy Public PortalAboutCity of Hazelwood BILL NO. 4009 ORDINANCE NO. 3631\\--01
AN ORDINANCE AMENDING THE HAZELWOOD CITY CODE BY ADOPTING AND
ENACTING CHAPTER 413 PERTAINING TO THE REGULATION OF STREAM
BUFFER PROTECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAZELWOOD,
MISSOURI, AS FOLLOWS:
Section 1. The Hazelwood City Code is hereby amended by the addition of Chapter
413: Stream Buffer Protection Code which Code shall read as follows:
ARTICLE I. TITLE
This ordinance shall be known as the "City of Hazelwood, Missouri, Stream Buffer
Protection Code."
ARTICLE II. FINDINGS AND PURPOSES
SECTION 413.010 FINDINGS
Whereas, the City Council of the City of Hazelwood, Missouri, finds that buffers adjacent
to streams provide numerous benefits including:
A. Protecting, restoring and maintaining the chemical, physical and biological
integrity of streams and their water resources
B Removing pollutants delivered in urban stormwater
C. Reducing erosion and controlling sedimentation
D. Protecting and stabilizing stream banks
E. Providing for infiltration of stormwater runoff
F. Maintaining base flow of streams
G. Contributing organic matter that is a source of food and energy for the aquatic
ecosystem
H. Providing tree canopy to shade streams and promote desirable aquatic habitat
I. Providing riparian wildlife habitat
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J. Furnishing scenic value and recreational opportunity
K. Providing opportunities for the protection and restoration of greenspace
SECTION 413.020 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:
A. Create buffer zones along the streams of City of Hazelwood for the protection of
water resources; and,
B. Minimize land development within such buffers by establishing buffer zone
requirements and by requiring authorization for any such activities.
ARTICLE III. DEFINITIONS
"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 installation 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, 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.
"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 (local permitting authority) 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.
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"Protection Area, or Stream Protection Area" means, 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, with respect to a stream, the area established by Section 5.1.2
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 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, Part 328.3.
"Stream Channel" means the portion of a watercourse that contains the base flow of
the stream.
ARTICLE IV. APPLICABILITY
This ordinance shall apply to all land development activity on property containing a
stream protection area as defined in Article III of this ordinance. 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.
SECTION 413.030 GRANDFATHER PROVISIONS
This ordinance 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
ordinance.
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 ordinance.
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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 years of the
effective date of this ordinance.
SECTION 413.040 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.
A. 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.
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 412.040 A., above.
C. Land development activities within a right-of-way existing at the time this
ordinance takes effect or approved under the terms of this ordinance.
D. 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 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 Public Works Department 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 Public Works 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.
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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 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.
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 413.060 below.
ARTICLE V. LAND DEVELOPMENT REQUIREMENTS
SECTION 413.050 BUFFER AND SETBACK REQUIREMENTS
All land development activity subject to this ordinance shall meet the following
requirements:
A. 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.
B. 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.
C. No septic tanks or septic tank drain fields shall be permitted within the buffer or
the setback.
SECTION 413.060 VARIANCE PROCEDURES
Variances from the above buffer and setback requirements may be granted in
accordance with the following provisions:
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A. 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 this ordinance, and the Public Works Department
finds and determines that the requirements of this ordinance prohibit the
otherwise lawful use of the property by the owner, the Board of Adjustment of
City of Hazelwood 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.
B. Except as provided above, the Board of Adjustment of City of Hazelwood 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 the Board of Adjustment. The City of
Hazelwood shall give public notice of each such public hearing in a newspaper of
general circulation within City of Hazelwood. The City of Hazelwood 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:
1. 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.
2. 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.
C. At a minimum, a variance request shall include the following information:
1. A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features, as determined by field survey;
2. A description of the shape, size, topography, slope, soils, vegetation and
other physical characteristics of the property;
3. 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;
4. Documentation of unusual hardship should the buffer be maintained;
5. 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;
6. A calculation of the total area and length of the proposed intrusion;
7. A stormwater management site plan, if applicable; and,
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8. 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; and,
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;
6. Whether issuance of the variance is at least as protective of natural
resources and the environment.
ARTICLE VI. COMPATIBILITY WITH OTHER REGULATIONS AND REQUIREMENTS
This ordinance 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 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.
ARTICLE VII. ADDITIONAL INFORMATION REQUIREMENTS FOR DEVELOPMENT
ON BUFFER ZONE PROPERTIES
SECTION 413.070 SITE PLAN INFORMATION
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,
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C. Any other documentation that the Public Works Department 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 Code (local jurisdiction ordinance number)".
ARTICLE VII. 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 City of Hazelwood,
its officers or employees, for injury or damage to persons or property.
ARTICLE IX. INSPECTION
The Public Works 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 Public Works
Department in making such inspections. The City of Hazelwood 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.
ARTICLE X. 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.
SECTION 413.080 NOTICE OF VIOLATION
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If the Public Works 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 ordinance, 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 ordinance 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.
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 ordinance and the
date for the completion of such remedial action;
E. A statement of the 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 Public
Works 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, 24 hours notice shall be
sufficient).
SECTION 413.090 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 Public Works 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 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
Public Works Department may take any one or more of the following actions or impose
any one or more of the following penalties.
A. Stop Work Order - The Public Works Department may issue a stop work order
which shall be served on the applicant or other responsible person. The stop
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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,
B. Withhold Certificate of Occupancy - The Public Works 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.
C. Suspension, Revocation or Modification of Permit - The Public Works
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 Public Works Department may deem necessary) to enable the applicant or
other responsible person to take the necessary remedial measures to cure such
violations.
D. 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 Public Works Department 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 Public Works Department has taken one
or more of the actions described above, the Public Works Department may
impose a penalty not to exceed $1,000 (depending on the severity of the
violation) for each day the violation remains unremedied after receipt of the
notice of violation.
E. Criminal Penalties - For intentional and flagrant violations of this ordinance, the
citation may be issued by the City Hazelwood to the applicant or other
responsible person, requiring such person to appear in City of Hazelwood
municipal court to answer charges for such violation. Upon conviction, such
person shall be punished by a fine not to exceed $1,000 or imprisonment for 60
days or both. Each act of violation and each day upon which any violation shall
occur shall constitute a separate offense.
ARTICLE Xl. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW
SECTION 413.100 ADMINISTRATIVE APPEAL
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Any person aggrieved by a decision or order of the Public Works Department, may
appeal in writing within 30 days after the issuance of such decision or order to the
Public Works Director or his/her designee of City of Hazelwood and shall be entitled to a
hearing before the Board of Adjustment of City of Hazelwood within 60 days of receipt
of the written appeal.
SECTION 413.110 JUDICIAL REVIEW
Any person aggrieved by a decision or order of the Public Works Department, after
exhausting all administrative remedies, shall have the right to appeal de novo to the
circuit court of St. Louis County.
ARTICLE XII. SEVERABILITY
If 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 2. This Ordinance shall be in full force and effect from and after the date of
its passage and adoption.
PASSED this \ COI day of , 2007,
by the Council of the City of Hazelwood, Miss ri.
T. R. Carr- Mayor
City of Hazelwood, Missouri
ATTEST:
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si,y).)
Colleen Kilos, MM - City Clerk APPROVED AS TO FORM:
City of Hazelwood, Missouri
Kevin M. O'Ke City Attorney
City of Hazelwood, Missouri
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