HomeMy Public PortalAboutCity of LadueBill 1951
Ordinance 1951
AN ORDINANCE ADOPTING REGULATIONS FOR STREAM
BUFFER PROTECTION.
WHEREAS, the United States Environmental Protection Agency has established regulatory
standards and requirements regarding the collection, treatment and discharge of storm water in
urbanized area, including a rule listing nearly all of the political subdivisions in St. Louis County
as entities requiring a Phase II NPDES Permit, thereby necessitating adoption of a series of
measures and regulatory systems by all affected entities; and
WHEREAS, the Metropolitan St. Louis Sewer District ("MSD") agreed to coordinate the Phase II
Storm Water compliance effort for political subdivisions in St. Louis County, and the City of
Ladue entered into an agreement and designated MSD as its co-permittee in order to satisfy the
Phase II mandates of the Environmental Protection Agency; and
WHEREAS, after consultation with municipal representatives and in cooperation with more than
sixty (60) municipal co-permittees, including the City of Ladue, MSD adopted a St. Louis County
Phase 11 Storm Water Management Plan, which, among other things, required all co-permittees,
including the City of Ladue, to enhance and expand their municipal regulations to adopt and
enforce measures designed to protect natural storm water systems from erosion and debris,
lessen the amount of debris and pollutants finding their way into natural water systems, and
improve the environmental quality of storm water before it is discharged into natural waterways;
and
WHEREAS, the stream buffer standards and protection procedures hereinafter adopted will
serve to protect the natural waterways in the City of Ladue from encroachment by the built
environment, erosion and degradation due to being overburdened by the imprudent collection
and discharge of storm waters, and ensure greater permeable areas where storm water can
percolate naturally rather than flow into natural waterways in harmful volumes, as well as serve
the important additional purposes hereinafter specified; and
WHEREAS, as an MSD co-permittee, the City of Ladue has an obligation to fulfill the Phase II
Storm Water Management Plan and cooperate in the adoption of effective regulations to
accomplish the Plan's goal good environmental stewardship, including, but not limited to, the
regulations hereinafter adopted;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
LADUE, MISSOURI, AS FOLLOW :
Section One.
The following Stream Buffer Protection Code is hereby adopted by the City of Ladue,
Missouri, as a part of the Ladue City Code, to wit:
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STREAM BUFFER PROTECTION ORDINANCE
Table of Contents
Section 1. Title
Section 2. Findings and Purposes
Section 3. Definitions
Section 4. Applicability
Section 5. Land Development Requirements
Section 6. Compatibility with Other Buffer Regulations and Requirements
Section 7. Additional Information Requirements for Development on
Buffer Zone Properties
Section 8. Responsibility
Section 9. Inspection
Section 10. Violations, Enforcement and Penalties
Section 11. Administrative Appeal and Judicial Review
Section 12. Severability
Section 1. Title
This ordinance shall be known as the "City of Ladue Stream Buffer Protection
Ordinance."
Section 2. Findings and Purposes
2.1. Findings
Whereas, the City Council of The City of Ladue 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
Providing tree canopy to shade streams and promote desirable aquatic
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habitat
Providing riparian wildlife habitat
Furnishing scenic value and recreational opportunity
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:
Create buffer zones along the streams of the City of Ladue 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 3. 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 City of Ladue 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.
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 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, or has been submitted for approval as of the effective date of this
ordinance.
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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;
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 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 (review and permitting authority) 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 (review and permitting authority) to be reasonably necessary
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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.
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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 this ordinance, and the Building Commissioner 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 the City of
Ladue 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 City of Ladue 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 Ladue
shall give public notice of each such public hearing in a newspaper of general
circulation within the City of Ladue. The City of Ladue 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;
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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 stormwater 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; 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 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.
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 than five (5) -foot
contour intervals;
d. Delineation of forested and open areas in the buffer zone; and,
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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 (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 1951".
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 City of Ladue,
its officers or employees, for injury or damage to persons or property.
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 City of Ladue 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
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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, 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:
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 public safety, 24 hours notice shall be sufficient).
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
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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 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.
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) Penalties - For violations of this ordinance, the applicant or other responsible
person(s), shall be guilty of a misdemeanor punishable by a fine of not less than
ten dollars and not more than one -hundred dollars for each and every day that
such violation continues, but if the offense be willful, on conviction thereof the
punishment shall be a fine of not less than one -hundred dollars nor more than
two -hundred -fifty dollars for each and every day that such violation shall
continue, or by imprisonment for ten days for each and every day such violation
shall continue or by both such fine and imprisonment, in the discretion of the
Court. Any such person, having been served with an order to remove any such
violation, failing to comply with said order within ten days after such notice or
continuing to violate any provision of the regulations made under authority of this
ordinance in the respect named in such order, shall also be subject to a civil
penalty of two -hundred and fifty dollars.
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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 and shall be entitled to a
hearing before the Board of Adjustment of the City of Ladue.
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 de novo to the
Circuit Court of St. Louis County, Missouri.
Section 12. 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 13. Effective Date
That, an emergency being deemed to exist, this ordinance shall be in full force and
effect from and after its adoption and approval by the Mayor.
PASSED THIS 28111 DAY OF JULY 2008.
President, City Council
ADOPTED AND APPROVED THIS 28th DAY OF JULY 2008.
Irene S. Holmes, Mayor
ATTEST:
Michael W. Wooldridge, City Clerk
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BILL NO. 2148
ORDINANCE NO. 2148
AN ORDINANCE AMENDING SECTIONS II, V, AND XIV OF ORDINANCE 1175, THE
ZONING ORDINANCES OF THE CITY OF LADUE, ST. LOUIS COUNTY, MISSOURI,
CONCERNING EROSION CONTROL, GREEN SPACE AND LOT COVERAGE; AND
AMENDING CHAPTERS 94 AND 110 OF THE LADUE CODE OF ORDINANCES
REGARDING STORMWATER REQUIREMENTS FOR SUBDIVISIONS AND RE -
SUBDIVISIONS, EROSION CONTROL, AND POST -CONSTRUCTION STORMWATER
REQUIREMENTS.
WHEREAS, the Ladue Stormwater Advisory Committee was developed early in 2016
to meet in conjunction with the stormwater needs assessment and planning being
conducted by HR Green regarding stormwater problems in Ladue; and
WHEREAS, the Stormwater Advisory Committee identified the need to form a
Residential Standards Sub -Committee in order to address the stormwater runoff created by
residential development in Ladue; and
WHEREAS, the Residential Standards Sub -Committee met from May 2016 to October
2016 and developed recommendations for code updates to minimize the impact of stormwater
runoff from residential developments; and
WHEREAS, the recommendation from the Residential Standards Sub -Committee were
reviewed by the Zoning and Planning Commission at their meetings on November, 2016;
January, 2017; February, 2017; and March, 2017; and
WHEREAS, the Zoning and Planning Commission, after recommending changes to the
code updates, voted to recommend approval of the code changes attached hereto by a vote of
5 in favor, 0 opposed; and
WHEREAS, a duly noticed and published public hearing was held on March 27, 2017,
regarding the proposed amended regulations in conformity with all requirements of Section
89.060 of the Missouri Revised Statutes and Zoning Ordinance 1175; and
WHEREAS, this bill has been made available for public inspection prior to its
consideration by the City Council and read by title two times in open meeting prior to passage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LADUE,
ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:
SECTION 1. Section II.A(7) of Ordinance 1175, the Zoning Ordinances of the City of
Ladue, St. Louis County, Missouri, is hereby repealed and replaced with a new Section II.A.(7),
to read as follows:
7) Clearing, grading, excavating, filling, paving, removal of topsoil, changes in grade,
and any other land disturbance activities on a property shall take place only in compliance with
Section 110, Article IV of the Ladue Code of Ordinances. Such activities may not take place on
the property without a primary structure on the property, an active permit for a primary structure,
or other permitted use.
SECTION 2. Subsection V.C.(1)(m) of Ordinance 1175, the Zoning Ordinances of the
City of Ladue, St. Louis County, Missouri, is repealed and replaced with a new Subsection
V.C.(1)(m), to read as follows:
m) In the E-1 District, if deemed necessary by the Building Official for rear or side
garage access, in lieu of a front yard garage, a driveway not to exceed ten (10) feet in width
may be placed in one (1) side yard. In such a situation, the 25% maximum side yard coverage
limit may be waived for one side yard. Additional paving or construction may take place in the
rear yard up to the 30% maximum rear yard coverage limit. A separate rear or side yard garage
shall not be allowed on a property in addition to a front access garage
SECTION 3. Section V of Ordinance 1175, the Zoning Ordinances of the City of Ladue,
St. Louis County, Missouri, is hereby amended to add a new Subsection G, to read as follows:
G. Lot coverage restrictions
1) Green Space requirements are shown in the following table:
District Minimum green space
required on each lot
Maximum extent of accessory structures and
pavement per yard (Section IV. A (4),
Section V. C)
A 80%30% of front yard and rear yard, 25% of side
yards
B 75%30% of front yard and rear yard, 25% of side
yards
C 65%30% of front yard and rear yard, 25% of side
yards
D 55%30% of front yard and rear yard, 25% of side
yards
E 40%30% of front yard and rear yard, 25% of side
yards
E-1 40%30% of front yard and rear yard, 25% of side
yard. (Coverage limits in one side yard may
be waived in accordance with Section
V.C.(1)(m))
G —
Commercial
30% with a Site
Development Plan
Section VIII E(b))
2) Green space shall include undisturbed natural areas, rain gardens, landscaped grass
and gardens. Provided green space shall not include buildings, driveways, decks and
patios, pools, sidewalks and paths (except stepping stone paths), or other permeable or
impermeable pavement (sports courts, etc.), except as described in part (3) of this
section.
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3) Partial Credits.
a) Certain types of permeable pavement may be allowed to receive a partial credit for
required green space. Further details can be found in the Ladue Stormwater
Toolbox information page. Any types of pavement not mentioned in this subsection
will not receive credit for green space. The following types of surfaces will receive
credits, as indicated:
1) Grass pavers may qualify for a 50% green space credit
2) Gravel pavers may qualify for a 25% green space credit
3) Porous/ permeable pavers may qualify for a 25% green space credit
This following table provides an example of how this credit would work.
Type of pavement Proposed area (in
square feet)
Percentage of
area to be credited
Area to be
considered
green space
Grass pavers 500 50%250
Gravel pavers 500 25%125
Porous/permeable pavers 500 25%125
b) Once green space credit is granted, maintenance of these permeable surfaces is
required to ensure the effective infiltration of water. Failure to maintain a green
space -approved permeable surface, resulting in a substantial decrease of the
infiltration of water is a violation of this ordinance. Each day the violation continues
shall be a separate offense. Maintenance reports will be required periodically by the
City. Contents of the report will be established by the Building Commissioner.
SECTION 4. Section XIV of Ordinance 1175, the Zoning Ordinances of the City of
Ladue, St. Louis County, Missouri, is hereby amended to add the following new definitions:
Grass pavers. A type of surface covering in which plastic rings in a flexible grid system are
placed on a base of blended sand, gravel and topsoil, then filled with topsoil and planted with
vegetation. This pavement gives designers a turfgrass alternative to asphalt or concrete for
such low -traffic areas as firelanes, overflow and event parking, golf cart paths, residential
driveways, and maintenance and utility access lanes. The support base and the rings' walls
prevent soil compaction and reduce rutting and erosion by supporting the weight of traffic and
concentrated loads, while the large void spaces in the rings allow a strong root network to
develop. The end result is a load -bearing surface covered with natural grass and which is
typically around 90% pervious, allowing for stormwater pollution filtration and treatment.
Gravel Pavers: Similar to grass pavers, ring structures are used, but the voids in the rings are
filled with gravel in order to provide greater load bearing support for unlimited traffic volumes
and/or parking durations. Manufacturers provide specifications on the sieve analysis that
should be used to generate the clean gravel fill for the rings, and a geotextile fabric is used to
prevent the gravel infill from migrating to the soil subbase. This pavement option is intended for
high frequency, low speed traffic areas
Pavement. An area covered with material that provides a firm level surface for travel or other
activities. This may include asphalt, concrete, gravel, stone, pavers, or other materials.
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Porous/permeable pavers. Interlocking hard materials that do not create a solid block, allowing
water to permeate the surface. Drainage openings should comprise at least 10% of the paver's
surface area. When properly filled with permeable material, the voids allow for drainage of
stormwater through the pavement surface into the layers below. The system is a highly durable,
yet capable of supporting heavier vehicular loads than grass or gravel pavers.
Stepping Stone Path. A path no more than 2 feet in width made up of multiple stones, each
stone separated by at least 2 inches of vegetated material.
SECTION 5. Chapter 94 of the Ladue Code of Ordinances is hereby amended to add a
new Article VI. Stormwater Management, to read as follows:
ARTICLE VI. STORMWATER MANAGEMENT
Sec. 94-115. Requirements for stormwater design for subdivisions
Subdivisions shall be designed with a holistic approach in order to develop a more
hydraulically functional site, help to maximize the effectiveness of on -site retention, and
integrate stormwater management throughout the project site.
a) All new subdivisions or any modifications to existing subdivisions must comply with the
requirements in Chapter 110, Article IV regarding land disturbance activities, stream
buffers, and post construction storm water control.
b) Stormwater management design must be evaluated and approved by the St. Louis
Metropolitan Sewer District prior to the City's acceptance of Subdivision Improvement
Plans. This may apply to new subdivisions as well as modifications to existing
subdivisions.
c) When determining stormwater management requirements for subdivisions, calculations
and designs must be determined based on the future impact of the entire subdivision
and not determined on a lot by lot basis. This also applies to the redevelopment of
adjacent lots in an existing subdivision (by a common owner/developer).
d) Retention/detention basins, swales, and other major stormwater collection devices
designed for a subdivision improvement shall be designated as common ground or
located in an easement and maintained by the subdivision.
SECTION 6. Section 110-103 of Chapter 110, Article IV is hereby repealed and
replaced with a new Section 110-103, to read as follows:
Section 110-103 Erosion Control Requirements and Permits
a) For all projects, surface water runoff should be controlled to ensure that soil and
sediment is contained on the site during any land disturbance or other development
activities. No land disturbance, construction, or other activities shall be permitted to
deposit mud, soil, sand, gravel, or other like materials on streets or adjoining properties,
unless prior approval has been granted for storage purposes.
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b) Any person who intends to conduct any land disturbance activities (e.g. Clearing,
grading excavating, filling, paving, removal of topsoil, or construction of improvements)
shall notify the Building Department and fill out the necessary documents as required by
the City.
c) If the Building Department determines that the land disturbance activity will disturb one
acre or more, a land disturbance permit will be required from the City of Ladue.
1) The land disturbance application shall be accompanied by a Stormwater
Pollution Prevention Plan (SWPPP) for the specific site by or under the direction
of a qualified professional, and a statement that any land clearing, construction,
or development involving the movement of earth shall be in accordance with the
Stormwater Pollution Prevention Plan. (Sections 104-107 of this chapter
describe the requirements and enforcement of the SWPPP)
2) The fee to be paid for a permit shall be as follows: $250.00 for land disturbance
between one (1) and five (5) acres and $500.00 for land disturbance greater than
five (5) acres.
3) The permit applicant will be required to obtain a land disturbance permit issued
by the Missouri Department of Natural Resources for any site where one acre or
more of land will be disturbed, before beginning any site work authorized by a
city permit. This requirement applies to sites of less than one acre that are part
of a larger common plan that will ultimately disturb one acre or more.
4) Any person who buys a lot for construction from a person who has been issued a
permit according to this subsection c, (unless purchased for the purpose of
building their own private residence) must obtain a separate site disturbance
permit from the City of Ladue unless the original permittee retains responsibility
for the land disturbance activities on the sold lot.
d) If the land disturbance activity will disturb less than one acre, a Building Permit is
required when the land disturbance activity reaches any of the following thresholds:
Occurs in an area exceeding 2,500 square feet
Moves, depletes, replaces, or increases more than 50 cubic feet of material
Changes the existing elevation by more than two (2) feet
Alters the quantity of concentration of stormwater as it flows onto an adjacent
property, street, or common area (Ord. 1916)
1) The Building Permit shall be denied if such change on the property is likely to
cause unreasonable injury to the condition, safety, or use of other property by
diversion of storm water, obstruction of sight lines, or other cause.
2) Silt fences or other erosion control measures should be shown on a plan and
submitted to the Building Department for approval. Such plan shall be submitted
as part of the permit application. On certain sites, silt fences may not be
adequate for erosion control and additional erosion control BMPs will be required
by the Building Commissioner. Erosion control BMPs are required to remain until
landscaping provides adequate erosion control.
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3) Permit fees will be determined based on the cost of improvements according to
the Building Department fee schedule.
e) Applications for permits shall be made in writing upon forms or blanks issued by the
Building Commissioner. All applications shall state clearly and fully the work proposed
to be done, the cost thereof, a reasonable time for the completion of such work, and
shall be signed by the owner or his agent and filed in the office of the Commissioner. No
application will be accepted or permit issued if any City of Ladue taxes or fees are in
arrears on any property owned in Ladue by the applicant.
f)
g)
Each permit application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant together with
the name of the applicant's principal contact at such firm and shall be accompanied by a
filing fee.
Even if no permit is required for land disturbance, every project must contain sediment
on the site during construction. This may necessitate silt fences or other erosion control
methods.
h) Any mud and debris tracked onto any streets, roads, or sidewalks from trucks and
construction equipment must be removed daily.
i)Land disturbance permits are not required for the following activities:
1) Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
2) Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
SECTION 7. Sections 110-141 through 110-147 of Chapter 110, Article IV. Division 3.
are hereby repealed and replaced with new Sections 110-141 through 110-148, to read as
follows:
DIVISION 3. POST CONSTRUCTION STORM WATER CONTROL
Sec. 110-141. Introduction and Purpose
a) Land development projects and associated increases in impervious cover alter the
hydrology of local watersheds and increase storm water runoff rates and volumes,
flooding, stream channel erosion, and sediment transport and deposition. This storm
water runoff contributes to increased quantities of water -borne pollutants, and storm
water runoff, soil erosion and non -point source pollution can be controlled and minimized
through the regulation of storm water runoff from development sites.
b) The Metropolitan St. Louis Sewer District (MSD) has established a set of water quality
and quantity policies applicable to development in the MSD service area, including the
City of Ladue, to provide reasonable guidance for the regulation of storm water runoff for
the purpose of protecting local water resources from degradation. It has been
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determined that the regulation of storm water runoff discharges from land development
projects and other construction activities in order to control and minimize increases in
storm water runoff rates and volumes, soil erosion, stream channel erosion and non -
point source pollution associated with storm water runoff is in the public interest and will
prevent threats to public health and safety.
c) The purpose of this Article is to protect and safeguard the general health, safety and
welfare of the public residing in watersheds within the City of Ladue which is included in
the MSD service area. In general, the City of Ladue seeks to meet that purpose through
the following objectives:
1) Minimize increases in storm water runoff to reduce flooding, siltation and erosion;
2) Minimize increases in non -point source pollution caused by storm water runoff
from development which would otherwise degrade local water quality; and
3) Reduce storm water runoff rates and volumes, soil erosion and non -point source
pollution, wherever possible, through storm water management controls and to
ensure that these management controls are properly maintained and pose no
threat to public safety or adjacent properties.
Sec. 110-142. Storm Water Design
a) No improvements shall increase stormwater runoff onto adjacent properties.
b) The City of Ladue specifies the MSD Rules and Regulations and Engineering Design
Requirements for Sanitary and Storm Water Drainage Facilities as originally adopted
February 2006, or latest version, as the applicable document for the proper
implementation of the requirements of this Article.
c) The MSD regulations include a list of acceptable storm water treatment practices,
including the specific design criteria for each storm water practice. The manual may be
updated and expanded from time to time, at the discretion of MSD, based on
improvements in engineering, science, monitoring and local maintenance experience.
Storm water treatment practices that are designed and constructed in accordance with
these design and sizing criteria will be presumed to meet the minimum water quality
performance standards.
d) Developers shall include storm water control measures on the site plan submitted for the
Building Department review of proposed construction in addition to submittal to MSD for
appropriate permits. The Building Commissioner may require a stormwater study,
commissioned by the City at the cost of the Developer, when it appears from the plan, at
the discretion of the Building Commissioner, that there could be an increase in velocity
or volume of stormwater onto adjacent properties.
e) Stormwater shall be discharged from buildings in a way that does not detrimentally affect
neighboring properties. Discharge points shall be managed as follows:
1) Stormwater runoff discharge points shall, whenever possible, as determined by
the Building Commissioner meet the setbacks for the zoning district in which they
are located.
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2) Any building downspouts, regardless of building location, may drain at grade.
Downspouts that drain at grade may encroach slightly into the building setback
as long as the downspout is located no more than 2 feet from the building wall.
3) Runoff from downspouts may be piped underground to discharge at an outlet
point away from the building, however discharge points must comply with the
following:
a) Discharge outlets shall be located in the buildable area of the lot and not in
any required yard (setback).
b) Exceptions may be made in situations in which the building occupies all or
nearly all of the buildable area, as determined by the Building Commissioner.
Exceptions shall comply with the following:
i. If deemed necessary by the Building Commissioner, the discharge
point may encroach into the required yard by up to 5 feet.
ii. Exceptions will not be approved if this would allow discharge pipes to
be less than 20 feet from any property lines.
c) In higher density zoning districts, such as D, E, and El, in which infiltration of
stormwater on each property is not practical, runoff shall be collected by a
MSD-approved storm sewer, a designated swale, or other stormwater
management BMP, as approved by the Building Commissioner and MSD, if
necessary. Stormwater may drain to the street, if approved by the Building
Commissioner. The project must also be approved by the Public Works
Director if a public street will be affected.
4) Discharge from sump pumps may be piped underground to discharge at an outlet
point away from the building, however discharge points must comply with the
following:
a) Discharge outlets shall be located in the buildable area of the lot and not in
the required yard (setback).
b) Exceptions may be made in situations in which the building occupies all or
nearly all of the buildable envelope, as determined by the Building
Commissioner. Exceptions shall comply with the following:
i. If deemed necessary by the Building Commissioner, the discharge
point may encroach into the required yard by up to 5 feet.
ii. Exceptions will not be approved if this allows discharge pipes to be
less than 20 feet from any property lines.
c) In higher density zoning districts, such as D, E, and El, in which infiltration of
stormwater on each property is not practical, sump pump drainage may be
collected by a MSD-approved storm sewer, a designated swale, or other
stormwater management BMP, if approved by the Building Commissioner
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and MSD, if necessary. Runoff from sump pumps shall not be allowed to
drain to any street or sidewalk.
Sec. 110-143. Permit Required
All projects that include the construction of a Main Building, as defined in Section 110-2,
constitute a subdivision, as defined in section 94-1, for the purposes of this Article or any
project which disturbs one acre or more shall be evaluated and approved by MSD for storm
water quantity and quality management, including all new single family homes, all new
commercial and institutional building structures, regardless of the amount of land
disturbance prior to commencing the proposed activity. Verification of this approval will be a
set of plans approved by MSD including a valid MSD project number.
Sec. 110-144. Maintenance of storm water management facilities.
a) A legally binding maintenance agreement specifying the parties responsible for the
proper maintenance of stormwater management facilities shall be secured prior to
issuance of permits for land disturbance activities. Such maintenance agreement shall
be secured per the requirements of MSD and a copy of such agreement shall be
submitted to the City of Ladue.
b) Maintenance shall be performed regularly on retention/detention basins and other
stormwater management facilities to ensure they are functioning properly. All owners or
other parties responsible for retention/detention basins in the City of Ladue shall submit
yearly maintenance reports to the City of Ladue. This may consist of a copy of a report
submitted to MSD or other form as required by the Building Commissioner. Any property
owner or other party responsible for a subdivision or other property that has failed to
submit retention/detention basin maintenance reports may be denied building permits
until the necessary reports and/or other required documentation have been submitted.
Sec. 110-145. Inspection of Storm Water Facilities
Inspection of facilities may be made on a reasonable basis including, but not limited to:
routine inspections; random inspections; inspections based upon complaints or other notice
of possible violations or inspection of drainage features. Inspections may include, but are
not limited to: reviewing maintenance records; sampling discharges, surface water, ground
water and material or water in drainage control facilities; and evaluating the condition of
drainage control facilities and other storm water treatment practices.
Sec. 110-146. Right -of -Entry For Inspection
When any new drainage control facility is installed on private property, or when any new
connection is made between private property and a public drainage control system, sanitary
sewer or combined sewer, the property owner shall grant to the City of Ladue's Public
Works and/or Building Department and/or MSD the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This includes the right to
enter a property when there is a reasonable basis to believe that a violation of this Chapter
is occurring or has occurred and to enter when necessary for abatement of a public
nuisance or correction of a violation of this Chapter.
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Sec. 110-147. Failure To Maintain Practices
If the property owner fails or refuses to meet the requirements of the maintenance
agreement, the City of Ladue, after reasonable notice, may issue violation notices per this
Article. In the event that the storm water management facility becomes a danger to public
safety or public health, MSD and the City of Ladue Building Department shall notify the party
responsible for maintenance of the storm water management facility in writing. Upon receipt
of that notice, the responsible person shall have thirty (30) days to effect maintenance and
repair of the facility in a manner acceptable to the City or legal action may be pursued.
Sec. 110-148. Storm Water Management Plan Components to the Site Plan
a) During the building permit/ site plan process, the applicant shall define a storm water
plan for the property. This storm water runoff plan is subject to approval of the Building
Commissioner.
b) The applicant shall submit the following information in a form as prescribed by the City of
Ladue Director of Building and Zoning. Only those items applicable to the proposed site
need be submitted:
1) Applicant information;
2) Name, Legal address and telephone number;
3) Common address and legal description of site;
4) Vicinity map
c) Existing and proposed mapping and plans (scale 1" — 20') which illustrate at a minimum:
1) Site plan sealed by a registered professional engineer in the State of
Missouri;
2) Existing and proposed topography (minimum of two (2) foot contours);
3) Perennial and intermittent streams;
4) Mapping of predominant soils from soil surveys;
5) Boundaries of existing predominant vegetation and proposed limits of
clearing;
6) Location and boundaries of resource protection areas such as wetlands,
lakes, ponds and other setbacks;
7) Location of existing and proposed roads, buildings, and other structures;
8) Existing and proposed utilities (e.g., water, sewer, gas, electric) and
easements;
9) Location of existing and proposed conveyance systems such as grass
channels, swales and storm drains;
10) Flow paths;
11) Location of floodplain / floodway limits and relationship of site to upstream
and downstream properties and drainages (if applicable;
12) Location and dimensions of proposed channel modifications, such as bridge
or culvert crossings (if applicable);
13) Location, size and limits of disturbance of proposed structural storm water
management practices; and
14) Stormwater runoff calculations
SECTION 8. The portions of this Ordinance shall be severable. In the event that any
10
portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the
remaining portions of this Ordinance are valid, unless the court finds that the valid portions of
this Ordinance are so essential and inseparably connected with and dependent upon the void
portion that it cannot be presumed that the City Council would have enacted the valid portions
without the invalid ones, or unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with the legislative intent.
SECTION 9. This Ordinance shall take effect and be in force from and after its passage
and approval by the Mayor.
PASSED THIS 27TH DAY OF MARCH, 2017.
President, City Council
APPROVED AND ADOPTED THIS 27TH DAY OF MARCH, 2017.
Nancy Spewak, Mayor
ATTEST:
Laura Rider, City Clerk
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BILL NO. 2163 Amended
ORDINANCE NO. 2163
AN ORDINANCE AMENDING SECTIONS V AND XIV OF ORDINANCE 1175, THE ZONING
ORDINANCE OF THE CITY OF LADUE, ST. LOUIS COUNTY, MISSOURI, REGARDING
REQUIREMENTS FOR STRUCTURES IN THE E-1 ZONING DISTRICT AND THE
DEFINITION OF FLOOR AREA, AND SECTIONS 110-142 AND 110-147 OF THE LADUE
CODE OF ORDINANCES REGARDING NEW STORMWATER RUNOFF AND DETENTION
REQUIREMENTS AND THE REQUIRED PLANS TO BE SUBMITTED
WHEREAS, there has been a temporary stay on the construction of new homes in the
E-1 Zoning District because of confusion regarding the definition of floor area and how to
properly enforce the floor area ratio requirement; and
WHEREAS, the E-1 district is mostly comprised of smaller lots, about 7,200 square feet
in size with homes between 1 and 11/2 stories and total living area ranging between 1,000 and
2,000 square feet; and
WHEREAS, there is some concern that some of the newer homes in the E-1 district are
not in character with the existing neighborhood, cover too much of the lot, or are causing storm
water runoff problems; and
WHEREAS, storm water runoff affects other areas of Ladue, in addition to the E-1
District; and
WHEREAS, the Ladue Comprehensive Plan identified the need to preserve the existing
scale and aesthetics of Clayton Road Park and the desire to have "downsized high -end housing
options available in Ladue", as well as the need to address storm water backups and flooding;
and
WHEREAS, the Zoning and Planning Commission discussed certain revisions to the
construction requirements in the E-1 district at their meetings on June 27, 2017, July 26, 2017,
and September 27, 2017; and
WHEREAS, after recommending changes to the code updates, the Zoning and Planning
Commission voted to recommend approval of the code changes included herein by a vote of 7
in favor, 0 opposed at the meeting on September 27, 2017 ; and
WHEREAS, a duly noticed and published public hearing was held on October 16, 2017,
regarding the proposed amended regulations in conformity with all requirements of Section
89.060 of the Missouri Revised Statutes and Zoning Ordinance 1175; and
WHEREAS, this bill has been made available for public inspection prior to its
consideration by the City Council and read by title two times in open meeting prior to passage;
and
WHEREAS, it has been determined that the passage of this bill is in the best interests of
the City of Ladue and in accordance with the Ladue Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LADUE,
ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:
SECTION 1. Section V A. (1) of Ordinance 1175, the Zoning Ordinances of the City of
Ladue, St. Louis County, Missouri shall be replaced with a new subsection (1) to read as
follows:
1) Two and one-half stories shall be the maximum number of stories allowed in the A,
B, C, D, E, G, and H zoning districts. A maximum height of 45' is possible, but the
ultimate determination of height will be based on other project elements as defined in
the City of Ladue, Missouri Architectural Design Guidelines.
SECTION 2. The following new Section V A. (2) shall be inserted and numbers 2-7 shall
be renumbered accordingly.
2) In the E-1 Zoning District, the maximum allowed height shall be 28 feet. Second -
story additions may be allowed in the E-1 district as long as they do not exceed the
maximum height limit, are consistent with the style and mass for the house, and do
not exceed 2/3 of the area of the first floor.
SECTION 3. Section V C. (2) of Ordinance 1175, the Zoning Ordinances of the City of
Ladue, St. Louis County, Missouri shall be amended, with the addition of subsection (h) to read
as follows:
h) The following additional front setback requirements shall apply in the E-1
District only:
i) Front facing garages must be set back at least 5 feet behind the
front door of the house.
ii) Any portion of the home that exceeds 24 feet above grade shall
be set back at least 35 feet from the front property line.
SECTION 4. The definition of Floor Area in Section XIV shall be replaced with a new
definition to read as follows:
Floor Area. The gross floor area of the building or buildings consisting of the sum of the
gross horizontal enclosed areas of the several floors measured from the exterior faces of the
walls enclosing the building or buildings, including all floor areas in garages (attached or
detached), covered porches, covered patios, covered walkways and breezeways and all other
floor areas under roof, excepting the floor area of a basement which is not counted as a story
under the definition of Basement in Section XIV.
SECTION 5. The language in Section VII E. shall be amended as follows:
E. Single family dwellings exceeding the square footages in area under roof may be
allowed in the zoning districts specified in Subsection D. of this Section VII., provided that all the
criteria in this Subsection F. are met. Area under roof shall have the same definition as floor
area, which is defined as the entire floor area of the building or buildings consisting of the sum
of the gross horizontal enclosed areas of the several floors measured from the exterior faces of
the walls enclosing the building or buildings, including all floor areas in garages (attached or
detached), covered porches, covered patios, covered walkways and breezeways and all other
floor areas under roof, excepting the floor area of a basement which is not counted as a story
under the definition of Basement in Section XIV.
SECTION 6. Section 110-142 of the Ladue Code of Ordinances shall be amended to
replace the existing subsections (b), (c), and (d) with the following subsections (b), (c), and (d).
b) Prior to any construction requiring a building permit or other land development in the
City of Ladue, the applicant shall be required to demonstrate quantity and quality
storm water management according to the following:
1. All increased differential storm water must be retained on the property for the
following design storm event: 15 year, 20 minute storm.
2. When making plans and calculations for controlling differential storm water, the
designer shall not exceed preconstruction conditions including, but not limited to
volume and velocity of runoff. (Duration of runoff may increase.)
3. Each land development project must submit a plan that demonstrates that any
increased differential storm water or other changes to storm water discharge is
being retained on that property and properly controlled. The plan shall include the
following:
i. Existing and proposed pervious and impervious conditions on the
site, including the specific materials of each surface, including but
not limited to buildings, sidewalks, patios, decks, pools, driveways,
and green spaces
ii. Existing and proposed topography detailed in 2 foot increments
iii . Elevation points for existing and proposed building corners
iv. Arrows showing the direction of flow on the property
v. Point drainage locations and the distance from property lines of the
point drainage outlet
vi. Any existing and proposed MSD storm water systems
vii. The existing and proposed path of the storm water to the MSD
storm water system. The path shall include off premise analysis
where applicable.
viii. Calculations of differential storm water
ix. The seal of a professional engineer licensed by the State of
Missouri, unless the new impervious surface is less than 400
square feet
4. The Building Commissioner may require a storm water study, commissioned by
the City at the cost of the applicant, when it appears from the plan, at the
discretion of the Building Commissioner, that there could be an increase in
velocity or volume of storm water onto adjacent properties.
c) The City of Ladue specifies the MSD Rules and Regulations and Engineering Design
Requirements for Sanitary and Storm Water Drainage Facilities as originally adopted
February 2006, or latest version, as the applicable document to provide information
and guidance regarding the installation of storm water management systems, but no
portion of the MSD Regulations shall supersede subsections a and b above.
d) Storm water management should be designed for maximum infiltration on the site
and should consider detention strategies such as rain gardens, cisterns, rain barrels,
and similar receiving areas and devices.
SECTION 7. Section 110-143 of the Ladue Code of Ordinances shall be amended to
add the following underlined language:
Land disturbance and building permit applications shall not be issued by the City of
Ladue until the applicant has demonstrated compliance with Section 110-142. In addition, all
projects that include the construction of a Main Building, as defined by Section 110-2, constitute
a subdivision, as defined in Section 94-1, for the purposes of this Article, or any project which
disturbs one acre or more shall be evaluated and approved by MSD for storm water quantity
and quality management, including all new single family homes, all new commercial and
institutional building structures, regardless of the amount of land disturbance prior to
commencing the proposed activity.
SECTION 8. Section 110-147 of the Ladue Code of Ordinances shall be amended to
remove the word "registered" and add the word "licensed" to Subsection (c)(1) and to add new
items 15, 16, and 17 to Subsection (c).
c) Existing and proposed mapping and plans (scale 1" — 20'), which illustrate at a minimum:
1) Site plan sealed by a registered professional engineer licensed by the State of
Missouri;
15) Green space calculations including the calculation of proposed partial credits to
be applied thereto;
16) Proposed site condition drainage area mapping that includes the identification of
incoming runoff sources from offsite (At a minimum drainage areas tributary to
each conveyance system collection and outlet point shall be indicated. Area,
estimated imperviousness, and estimated design flow rate shall be indicated on
the map for each Individual drainage area.); and
17) The location and character of proposed temporary and permanent storm water
control measures (BMPs).
SECTION 9. The portions of this Ordinance shall be severable. In the event that any
portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the
remaining portions of this Ordinance are valid, unless the court finds that the valid portions of
this Ordinance are so essential and inseparably connected with and dependent upon the void
portion that it cannot be presumed that the City Council would have enacted the valid portions
without the invalid ones, or unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with the legislative intent.
SECTION 10. This Ordinance shall take effect and be in force from and after its passage
and approval by the Mayor.
PASSED THIS 16TH DAY OF OCTOBER, 2017.
President, City Council
APPROVED AND ADOPTED THIS 16TH DAY OF OCTOBER, 2017.
Nancy Spewak, Mayor
ATTEST:
Laura Rider, City Clerk