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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: 1 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 2 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. 3 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. 4 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 5 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. 6 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; 7 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, 8 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 9 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 10 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. 11 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 12 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. 2 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. 3 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. 4 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. 5 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 6 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. 7 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 8 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. 9 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 11 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