HomeMy Public PortalAboutCity of Shrewsbury Bill# 2536 Ordinance # 2533
AN ORDINANCE ENACTING STREAM PROTECTION
THROUGH USE OF STREAM BUFFERS FOR WATER
QUALITY MANAGEMENT FOR THE CITY OF
SHREWSBURY,MISSOURI
WHEREAS; The City of Shrewsbury will enact a stream buffer protection ordinance in
order to meet the requirements under the Phase II Storm Water Permit MO-R040005
regulated and mandated by the Environmental Protection Agency(EPA); and
WHEREAS; The City of Shrewsbury is a co-permittee along with 60 other municipalities
and the Metropolitan Sewer District (MSD)required to meet commitments outlined in the
St.Louis County Phase II Storm Water Management Plan; and
WHEREAS; Six Minimum Control Measures (MCMs) are required to be implemented in
the St. Louis County Phase II Storm Water Management Plan which this Ordinance will
fulfill the requirement for MCM #5 Post-Construction Storm Water Management in New
Development and Redevelopment areas; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF SHREWSBURY, AS FOLLOWS:
Section 1. Findings and Purposes
1.1. Findings
Whereas, the Board of Aldermen of Shrewsbury finds that buffers adjacent to streams
provide numerous benefits including:
(l) Protecting,restoring and maintaining the chemical,physical and
biological integrity of streams and their water resources
(2) Removing pollutants delivered in urban stormwater
(3) Reducing erosion and controlling sedimentation
(4) Protecting and stabilizing stream banks
(5) Providing for infiltration of stormwater runoff
(6) Maintaining base flow of streams
(7) Contributing organic matter that is a source of food and energy for the
aquatic ecosystem
(8) Providing tree canopy to shade streams and promote desirable aquatic
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habitat
(9) Providing riparian wildlife habitat
(10) Furnishing scenic value and recreational opportunity
(11) Providing opportunities for the protection and restoration of greenspace
1.2. Purposes
The purpose of this Ordinance is to protect the public health, safety, environment and
general welfare; to minimize public and private losses due to erosion, siltation and water
pollution; and to maintain stream water quality by provisions designed to:
(1) Create buffer zones along the streams of Shrewsbury for the protection of water
resources; and,
(2) Minimize land development within such buffers by establishing buffer zone
requirements and by requiring authorization for any such activities.
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Section 2. Definitions
"Buffer" means, with respect to a stream, a natural or enhanced vegetated area
(established by Section 4.1.1 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 Shrewsbury 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.
"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 4.1.2
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.
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"Stream Channel" means the portion of a watercourse that contains the base flow of the
stream.
Section 3. Applicability
This ordinance shall apply to all land development activity on property containing a
stream protection area as defined in Section 2 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.
3.1. Grandfather Provisions
This ordinance shall not apply to the following activities:
(1) Work consisting of the repair or maintenance of any lawful use of land that is
zoned and approved for such use on or before the effective date of this ordinance.
(2) Existing development and on-going land disturbance activities including but not
limited to existing agriculture, silviculture, landscaping, gardening and lawn
maintenance, except that new development or land disturbance activities on such
properties will be subject to all applicable buffer requirements.
(3) Any land development activity that is under construction, fully approved for
development, scheduled for permit approval or has been submitted for approval as
of the effective date of this ordinance.
(4) Land development activity that has not been submitted for approval, but that is
part of a larger master development plan, such as for an office park or other
phased development that has been previously approved within two years of the
effective date of this ordinance.
3.2. Exemptions
The following specific activities are exempt from this ordinance. Exemption of these
activities does not constitute an exemption for any other activity proposed on a property.
(1) Activities for the purpose of building one of the following:
a stream crossing by a driveway, transportation route or utility line;
public water supply intake or public wastewater structures or stormwater
outfalls;
intrusions necessary to provide access to a property;
public access facilities that must be on the water including boat ramps,
docks, foot trails leading directly to the river, fishing platforms and
overlooks;
unpaved foot trails and paths;
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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 3.2.(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 City of Shrewsbury 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 City of Shrewsbury to be reasonably necessary to correct any impairment such
emergency work may have caused to the water conveyance capacity, stability or
water quality of the protection area.
(6) Forestry and silviculture activities on land that is zoned for forestry, silvicultural
or agricultural uses and are not incidental to other land development activity. If
such activity results in land disturbance in the buffer that would otherwise be
prohibited, then no other land disturbing activity other than normal forest
management practices will be allowed on the entire property for three years after
the end of the activities that intruded on the buffer.
(7) Any activities approved under a 404 permit issued by the Corps of Engineers and
401 water quality certification issued by the Missouri Department of Natural
Resources.
After the effective date of this ordinance, it shall apply to new subdividing and platting
activities.
Any land development activity within a buffer established hereunder or any impervious
cover within a setback established hereunder is prohibited unless a variance is granted
pursuant to Section 4.2 below.
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Section 4. Land Development Requirements
4.1. 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.
4.2. Variance Procedures
Variances from the above buffer and setback requirements may be granted in accordance
with the following provisions:
(I) 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 Board of Aldermen 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 Shrewsbury 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 Shrewsbury 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
Shrewsbury shall give public notice of each such public hearing in a newspaper of
general circulation within Shrewsbury. The City of Shrewsbury 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.
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Variances will be considered only in the following cases:
a. When a property's shape, topography or other physical conditions existing
at the time of the adoption of this ordinance prevents land development
unless a buffer variance is granted.
b. Unusual circumstances when strict adherence to the minimal buffer
requirements in the ordinance would create an extreme hardship.
Variances will not be considered when, following adoption of this ordinance,
actions of any property owner of a given property have created conditions of a
hardship on that property.
(3) At a minimum,a variance request shall include the following information:
a. A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features, as determined by field survey;
b. A description of the shape, size,topography, slope, soils, vegetation and
other physical characteristics of the property;
c. A detailed site plan that shows the locations of all existing and proposed
structures and other impervious cover, the limits of all existing and
proposed land disturbance,both inside and outside the buffer and setback.
The exact area of the buffer to be affected shall be accurately and clearly
indicated;
d. Documentation of unusual hardship should the buffer be maintained;
e. At least one alternative plan, which does not include a buffer or setback
intrusion, or an explanation of why such a site plan is not possible;
f. A calculation of the total area and length of the proposed intrusion;
g. A 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.
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Section 5. 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 6. 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,
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 City of Shrewsbury 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 City of Shrewsbury Ordinance number 2533.
Section 7. 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 Shrewsbury, its
officers or employees, for injury or damage to persons or property.
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Section S. Inspection
The Board of Aldermen 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 City of Shrewsbury in making
such inspections. The City of Shrewsbury 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 9. Violations, Enforcement and Penalties
Any action or inaction which violates the provisions of this ordinance or the requirements
of an approved site plan or permit may be subject to the enforcement actions outlined in
this Section. Any such action or inaction which is continuous with respect to time is
deemed to be a public nuisance and may be abated by injunctive or other equitable relief.
The imposition of any of the penalties described below shall not prevent such equitable
relief.
9.1. Notice of Violation
If the City of Shrewsbury 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 therefor,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:
(l) 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;
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(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 Board of
Aldermen 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).
9.2. 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 City of Shrewsbury 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 City of Shrewsbury 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 City of Shrewsbury 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 City of Shrewsbury 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 City of Shrewsbury
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 City of
Shrewsbury may deem necessary)to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
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(4) Civil Penalties-In the event the applicant or other responsible person fails to
take the remedial measures set forth in the notice of violation or otherwise fails to
cure the violations described therein within ten days (or such greater period as the
Board of Aldermen shall deem appropriate) (except that in the event the violation
constitutes an immediate danger to public health or public safety, 24 hours notice
shall be sufficient) after the City of Shrewsbury has taken one or more of the
actions described above, the City of Shrewsbury may impose a penalty not to
exceed $1,000 (depending on the severity of the violation) for each day the
violation remains unremedied after receipt of the notice of violation.
(5) Criminal Penalties- For intentional and flagrant violations of this ordinance,the
City of Shrewsbury may issue a citation to the applicant or other responsible
person,requiring such person to appear in City of Shrewsbury Municipal Court to
answer charges for such violation. Upon conviction, such person shall be
punished by a fine not to exceed $1,000 or imprisonment for 60 days or both.
Each act of violation and each day upon which any violation shall occur shall
constitute a separate offense.
Section 10. Administrative Appeal and Judicial Review
10.1 Administrative Appeal
Any person aggrieved by a decision or order of City of Shrewsbury, may appeal in
writing within 10 days after the issuance of such decision or order to the City
Administrator of Shrewsbury and shall be entitled to a hearing before the Board of
Adjustment of the City of Shrewsbury within 30 days of receipt of the written appeal.
10.2. Judicial Review
Any person aggrieved by a decision or order of the City of Shrewsbury, after exhausting
all administrative remedies, shall have the right to appeal de novo to the Circuit Court of
St. Louis County.
Section 11. 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.
PASSED THIS // DAY OF Ar % 08.
Bert L. Gates, M or
ll
APPROVED THIS ji DAY OF A4(Cd , 2008
r-34/ ,
Bert L. Gates, ayor
ATTE /
Cody w ns, City erk
Ordinance No.2533
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