HomeMy Public PortalAboutCity of Sunset Hills3/26/2021 Sunset Hills, MO Code of Ordinances
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ARTICLE IV. - STREAM BUFFER PROTECTION
Footnotes:
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Editor's note— Ord. No. 1712, §§ 1—11, adopted February 12, 2008, did not specify manner of inclusion; hence, inclusion as article IV, §§ 27-
101—27-111 is at the discretion of the editor.
Sec. 27-101. - Title.
This article shall be known as the "Sunset Hills Stream Buffer Protection Ordinance."
(Ord. No. 1712, § 1, 2-12-2008)
Sec. 27-102. - Findings and purposes.
Findings. Whereas, the board of aldermen 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 habitat;
Providing riparian wildlife habitat;
Furnishing scenic value and recreational opportunity;
Providing opportunities for the protection and restoration of greenspace.
Purposes. The purpose of this article 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 city 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.
(Ord. No. 1712, § 2, 2-12-2008)
Sec. 27-103. - De nitions.
Buffer means, with respect to a stream, a natural or enhanced vegetated area (established by subsection 27-105(a)(1)),
lying adjacent to the stream.
City means City of Sunset Hills, Missouri.
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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.
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.
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 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 subsection 27-105(a)(2) extending beyond any buffer
applicable to the stream.
Stream means any stream, beginning at:
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
A point in the stream channel with a drainage area of twenty-five (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.
(Ord. No. 1712, § 3, 2-12-2008)
Sec. 27-104. - Applicability.
This article shall apply to all land development activity on property containing a stream protection area as defined in
section 27-103. 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
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constitute approval or exemption from buffer requirements established under state law or from other applicable local,
state or federal regulations.
Grandfather provisions. This article shall not apply to the following activities:
Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for
such use on or before February 12, 2008.
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.
Any land development activity that is under construction, fully approved for development, scheduled for
permit approval or has been submitted for approval as of February 12, 2008.
Land development activity that has not been submitted for approval, but that is part of a larger master
development plan, such as for an office park or other phased development that has been previously
approved within two (2) years of February 12, 2008.
Exemptions. The following specific activities are exempt from this article. Exemption of these activities does
not constitute an exemption for any other activity proposed on a property.
Activities for the purpose of building one of the following:
A stream crossing by a driveway, transportation route or utility line;
Public water supply intake or public wastewater structures or stormwater outfalls;
Intrusions necessary to provide access to a property;
Public access facilities that must be on the water including boat ramps, docks, foot trails leading
directly to the river, fishing platforms and overlooks;
Unpaved foot trails and paths;
Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic
habitat, so long as native vegetation and bioengineering techniques are used.
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 subsection a.
Land development activities within a right-of-way existing at the time this article takes effect or approved
under the terms of this article.
Within an easement of any utility existing at the time this article takes effect or approved under the terms
of this article, land disturbance activities and such impervious cover as is necessary for the operation and
maintenance of the utility, including but not limited to manholes, vents and valve structures.
Emergency work necessary to preserve life or property. However, when emergency work is performed
under this section, the person performing it shall report such work to the city on the next business day
after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and
perform such work within such time period as may be determined by the city 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.
Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and
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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.
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.
The replacement of an existing structure on a single family lot that is less than one acre in area with the
stipulation that the replacement structure is located no closer to the stream than the previously existing
structure.
After February 12, 2008, 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 subsection 27-105(b)
(Ord. No. 1712, § 4, 2-12-2008)
Sec. 27-105. - Land development requirements.
Buffer and setback requirements. All land development activity subject to this article shall meet the following
requirements:
For streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed natural vegetative buffer shall
be maintained for fifty (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 article, an undisturbed
natural vegetative buffer shall be maintained for twenty-five (25) feet, measured horizontally, on both banks
(as applicable) of the stream as measured from the top of the stream bank.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.
Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance
with the following provisions:
Where a parcel was platted prior to February 12, 2008, and its shape, topography or other existing physical
condition prevents land development consistent with this article, and the city finds and determines that the
requirements of this article prohibit the otherwise lawful use of the property by the owner, the board of
adjustment of city 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.
Except as provided above, the board of adjustment of city shall grant no variance from any provision of this
article without first conducting a public hearing on the application for variance and authorizing the granting
of the variance by an affirmative vote of the board of adjustment. The city shall give public notice of each
such public hearing in a newspaper of general circulation within city. The city 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:
When a property shape, topography or other physical conditions existing at the time of the adoption of
this article prevents land development unless a buffer variance is granted.
Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance
would create an extreme hardship.
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Variances will not be considered when, following adoption of this article, actions of any property owner of a
given property have created conditions of a hardship on that property.
At a minimum, a variance request shall include the following information:
A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural
features, as determined by field survey;
A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of
the property;
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;
Documentation of unusual hardship should the buffer be maintained;
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;
A calculation of the total area and length of the proposed intrusion;
A stormwater management site plan, if applicable; and,
Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an
explanation of why none is being proposed.
The following factors will be considered in determining whether to issue a variance:
The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
The locations of all streams on the property, including along property boundaries;
The location and extent of the proposed buffer or setback intrusion; and
Whether alternative designs are possible which require less intrusion or no intrusion;
The long-term and construction water-quality impacts of the proposed variance;
Whether issuance of the variance is at least as protective of natural resources and the environment.
(Ord. No. 1712, § 5, 2-12-2008)
Sec. 27-106. - Compatibility with other regulations and requirements.
This article is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other
provision of law. The requirements of this article should be considered minimum requirements, and where any provision of
this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of
law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment
shall be considered to take precedence.
(Ord. No. 1712, § 6, 2-12-2008)
Sec. 27-107. - Additional information requirements for development on bu er zone properties.
Any permit applications for property requiring buffers and setbacks hereunder must include the following:
A site plan showing:
The location of all streams on the property;
Limits of required stream buffers and setbacks on the property;
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Buffer zone topography with contour lines at no greater than five-foot contour intervals;
Delineation of forested and open areas in the buffer zone; and
Detailed plans of all proposed land development in the buffer and of all proposed impervious cover
within the setback;
A description of all proposed land development within the buffer and setback; and
Any other documentation that the board of adjustment 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 #1712."
(Ord. No. 1712, § 7, 2-12-2008)
Sec. 27-108. - Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this
article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor
shall the issuance of any permit hereunder serve to impose any liability upon city, its officers or employees, for injury or
damage to persons or property.
(Ord. No. 1712, § 8, 2-12-2008)
Sec. 27-109. - Inspection.
The city 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 in making such
inspections. The city shall have the authority to conduct such investigations as it may reasonably deem necessary to carry
out its duties as prescribed in this article, and for this purpose to enter at reasonable time upon any property, 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.
(Ord. No. 1712, § 9, 2-12-2008)
Sec. 27-110. - Violations, enforcement and penalties.
Any action or inaction which violates the provisions of this article 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.
Notice of violation. If the city 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 article, it shall issue
a written notice of violation to such applicant or other responsible person. Where a person is engaged in
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activity covered by this article 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:
The name and address of the owner or the applicant or the responsible person;
The address or other description of the site upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the action or inaction into compliance with the
permit, the approved site plan or this article and the date for the completion of such remedial action;
A statement of the penalty or penalties that may be assessed against the person to whom the notice of
violation is directed; and
A statement that the determination of violation may be appealed to the board of adjustment 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, twenty-four (24) hours notice
shall be sufficient).
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 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 thirty (30) days (except that in the event the violation constitutes an immediate
danger to public health or public safety, twenty-four (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 may take any one or more of the following actions or impose any one or more of the
following penalties.
Stop work order. The city 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.
Withhold certificate of occupancy. The city 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.
Suspension, revocation or modification of permit. The city 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 may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures
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set forth in the notice of violation or otherwise fails to cure the violations described therein within ten
(10) days (or such greater period as the city shall deem appropriate) (except that in the event the violation
constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be
sufficient) after the city has taken one or more of the actions described above, the city may impose a
penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for
each day the violation remains unremedied after the compliance date.
Criminal penalties. For violations of this article, the city may issue a citation to the applicant or other
responsible person, requiring such person to appear in St. Louis County Circuit Court, Sunset Hills
Municipal Division, to answer charges for such violation. Upon conviction, such person shall be punished
by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for ninety (90) days or both.
Each act of violation and each day upon which any violation shall occur shall constitute a separate
offense.
(Ord. No. 1712, § 10, 2-12-2008)
Sec. 27-111. - Administrative appeal and judicial review.
Administrative appeal. Any person aggrieved by a decision or order of city may appeal in writing within ten (10)
days after the issuance of such decision or order to the board of adjustment and shall be entitled to a hearing
before the board of adjustment within fifteen (15) days of receipt of the written appeal.
Judicial review. Any person aggrieved by a decision or order of city, after exhausting all administrative remedies,
shall have the right to appeal de novo to the Circuit Court of St. Louis County, Missouri.
(Ord. No. 1712, § 11, 2-12-2008)