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City of Winchester, MO
Tuesday, March 23, 2021
Chapter 425. Stream Buffer Protection Ordinance
Section 425.010. Title, Findings of Fact and Purposes.
[Ord. No. 957 §1, 12-12-2007]
A. Title. This Chapter shall be known as the "City of Winchester Stream Buffer Protection Ordinance".
B. Findings Of Fact. Whereas, the City of Winchester, St. Louis County, Missouri, finds that buffers
adjacent to streams provide numerous benefits including:
1. 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 habitat;
9. Providing riparian wildlife habitat;
10. Furnishing scenic value and recreational opportunity; and
11. Providing opportunities for the protection and restoration of greenspace.
C. Purposes. The purpose of this Chapter 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 the City of Winchester 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.
Section 425.020. Definitions.
[Ord. No. 957 §1, 12-12-2007]
As used in this Chapter, the following terms shall have the meanings set out herein:
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BUFFER
With respect to a stream, a natural or enhanced vegetated area (established by Section
425.060(2) below) lying adjacent to the stream.
FLOODPLAIN
Any land area susceptible to flooding, which would have at least a one percent (1%) 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
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
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
Those actions or activities which comprise, facilitate or result in land development.
LAND DISTURBANCE
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
Those actions or activities which comprise, facilitate or result in land disturbance.
PARCEL
Any plot, lot or acreage shown as a unit on the latest County tax assessment records.
PERMIT
The permit issued by the City of Winchester required for undertaking any land development
activity.
PERSON
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
With respect to a stream, the combined areas of all required buffers and setbacks applicable to
such stream.
RIPARIAN
Belonging or related to the bank of a river, stream, lake, pond or impoundment.
SETBACK
With respect to a stream, the area established by Section 425.060(2) extending beyond any buffer
applicable to the stream.
STREAM
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
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2. A point in the stream channel with a drainage area of twenty-five (25) acres or more.
STREAM BANK
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
The portion of a watercourse that contains the base flow of the stream.
Section 425.030. Applicability.
[Ord. No. 957 §1, 12-12-2007]
This Chapter shall apply to all land development activity on property containing a stream protection
area as defined in Section 425.020 of this Chapter. These requirements are in addition to, and do not
replace or supersede, any other applicable buffer or floodplain requirements established under State
law and approval or exemption from these requirements do not constitute approval or exemption from
buffer requirements established under State Law or from other applicable local, State or Federal
regulations.
Section 425.040. Grandfather Provisions.
[Ord. No. 957 §1, 12-12-2007]
A. This Chapter 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 Chapter.
2. Existing development and ongoing 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 Chapter.
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 (2) years of the effective date of this Chapter.
Section 425.050. Exemptions.
[Ord. No. 957 §1, 12-12-2007]
A. The following specific activities are exempt from this Chapter. 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 (1) of the following:
a. A stream crossing by a driveway, transportation route or utility line;
b. Public water supply intake or public wastewater structures or stormwater outfalls;
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c. Intrusions necessary to provide access to a property;
d. Public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
e. Unpaved foot trails and paths;
f. 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 425.050(1).
3. Land development activities within a right-of-way existing at the time this Chapter takes effect
or approved under the terms of this Chapter.
4. Within an easement of any utility existing at the time this Chapter takes effect or approved
under the terms of this Chapter, 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
Winchester official 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 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 (3) 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 Chapter, 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 425.070.
Section 425.060. Land Development Requirements.
[Ord. No. 957 §1, 12-12-2007]
A. Buffer And Setback Requirements. All land development activity subject to this Chapter 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 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
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streams subject to this Chapter, 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.
2. An additional setback shall be maintained for twenty-five (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.
Section 425.070. Variance Procedures.
[Ord. No. 957 §1, 12-12-2007]
A. 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 Chapter and its shape,
topography or other existing physical condition prevents land development consistent with this
Chapter, and the City of Winchester official finds and determines that the requirements of this
Chapter prohibit the otherwise lawful use of the property by the owner, the Board of
Adjustment of the City of Winchester may grant a variance from the buffer and setback
requirements hereunder, provided such variance required 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 Winchester shall grant no
variance from any provision of this Chapter 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 Winchester shall give public notice of each such public
hearing in a newspaper of general circulation within the City of Winchester. The City of
Winchester 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 Chapter prevents land development unless a buffer variance is
granted.
b. Unusual circumstances when strict adherence to the minimal buffer requirements in the
Chapter would create an extreme hardship.
Variances will not be considered when, following adoption of this Chapter,
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
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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 (1) 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;
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 425.080. Compatibility With Other Regulations and
Requirements.
[Ord. No. 957 §1, 12-12-2007]
This Chapter 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 Chapter should be considered minimum
requirements and where any provision of this Chapter 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 425.090. Additional Information Requirements for
Development on Buffer Zone Properties.
[Ord. No. 957 §1, 12-12-2007]
A. 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;
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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 Engineer 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 No. 957, City of Winchester.
Section 425.100. Responsibility.
[Ord. No. 957 §1, 12-12-2007]
Neither the issuance of a development permit nor compliance with the conditions thereof nor with the
provisions of this Chapter 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 Winchester, its officers or employees for injury or damage to persons or
property.
Section 425.110. Inspection.
[Ord. No. 957 §1, 12-12-2007]
A. The City Engineer 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 Engineer in making such inspections. The City of
Winchester shall have the authority to conduct such investigations as it may reasonably deem
necessary to carry out its duties as prescribed in this Chapter 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.
B. 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 425.120. Violations, Enforcement and Penalties.
[Ord. No. 957 §1, 12-12-2007]
A. Any action or inaction which violates the provisions of this Chapter 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.
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1. Notice of violation. If the City Engineer 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 Chapter, 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 Chapter, 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 Chapter 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:
a. The name and address of the owner or the applicant or the responsible person;
b. The address or other description of the site upon which the violation is occurring;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the approved site plan or this Chapter and the date for the
completion of such remedial action;
e. A statement of the penalty or penalties that may be assessed against the person to
whom the notice of violation is directed; and
f. A statement that the determination of violation may be appealed to the City Engineer 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).
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 (1)
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 Engineer 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 (10) 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 Engineer may take any one (1)
or more of the following actions or impose any one (1) or more of the following penalties:
a. Stop work order. The City Engineer 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.
b. Withhold certificate of occupancy. The City Engineer may refuse to issue a certificate of
occupancy for the building or other improvements constructed or being constructed on
the site until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations described therein.
c. Suspension, revocation or modification of permit. The City Engineer 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
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upon such conditions as the City Engineer may deem necessary remedial measures to
cure such violations.
d. Civil penalties. In the event the applicant or other responsible person fails to take the
remedial measures set forth in the notice of violation or otherwise fails to cure the
violations described therein within ten (10) days (or such greater period as the City
Engineer 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 Engineer has taken one (1) or more of the actions described
above, the Municipal Judge 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 receipt of the notice of violation.
e. Criminal penalties. For intentional and flagrant violations of this Chapter, the City
Engineer may issue a citation to the applicant or other responsible person, requiring such
person to appear in Municipal Court 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 sixty (60) days or both. Each act of violation and each
day upon which any violation shall occur shall constitute a separate offense.
Section 425.130. Administrative Appeal and Judicial Review.
[Ord. No. 957 §1, 12-12-2007]
A. Administrative Appeal. Any person aggrieved by a decision or order of the City Engineer may
appeal in writing within seven (7) days after the issuance of such decision or order to the City
Administrator of the City of Winchester and shall be entitled to a hearing before the Board of
Adjustment of the City of Winchester in no less than fifteen (15) days nor more than thirty (30)
days of receipt of the written appeal.
B. Judicial Review. Any person aggrieved by a decision or order of the City Engineer, after
exhausting all administrative remedies, shall have the right to appeal de novo to the Municipal
Court of the City of Winchester.
Section 425.140. Severability.
[Ord. No. 957 §1, 12-12-2007]
If any Article, Section, Subsection, paragraph, clause, phrase or provision of this Chapter shall be
adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining
portions of this Chapter.
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