HomeMy Public PortalAboutTown of Norwood CourtBILL NO. 302 ORDINANCE NO. 302
AN ORDINANCE FOR PURPOSE OF ESTABLISHING MINIMUM
REGULATIONS FOR PROTECTING STREAMS WITHIN THE
TOWN OF NORWOOD COURT, MISSOURI; PROVIDING FOR THE
ISSUANCE OF PERMITS; MAKING INSPECTIONS; COLLECTION OF PERMIT
AND INSPECTION FEES; AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF THROUGH THE ADOPTION OF
A STREAM BUFFER PROTECTION CODE FOR THE
TOWN OF NORWOOD COURT, MISSOURI
BE IT ORDAINED, by the Board of Trustees of the Town of Norwood Court, Missouri, as follows:
Section 1. Title
This ordinance shall be known as the "Town of Norwood Court Stream Buffer Protection
Ordinance."
Section 2. Findings and Purposes
2.1.Findings
Whereas, the Board of Trustees of Town of Norwood Court finds that buffers adjacent to streams
provide numerous benefits including:
(I) 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
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(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
(11) 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:
(1) Create buffer zones along the streams of Town of Norwood Court 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 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.
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"Permit" means the permit issued by the St. Louis County Department of Public Works 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 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.
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(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.
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;
- 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.
(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
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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 to correct any
impaiiinent 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
S.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.
No septic tanks or septic tank drain fields shall be permitted within the buffer or the
setback.
(3)
5.2.Variance Procedures
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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 St. Louis County Department of Public Works finds and
determines that the requirements of this ordinance prohibit the otherwise lawful use
of the property by the owner, the Board of Trustees of the Town of Norwood Court
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 Trustees of the Town of Norwood Court
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 Trustees. The Town of Norwood
Court shall give public notice of each such public hearing in a newspaper of general
circulation within Town of Norwood Court. The Town of Norwood Court 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;
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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;
£ 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,
e. Detailed plans of all proposed land development in the buffer and of all proposed
impervious cover within the setback;
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(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
Town of Norwood Court Ordinance No. 299".
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 Town of Norwood Court, its officers or employees, for injury or damage
to persons or property.
Section 9. Inspection
The St. Louis County Department of Public Works 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 St. Louis County Department of
Public Works in making such inspections. The Town of Norwood Court 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 other equitable relief. The imposition of any of the penalties
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described below shall not prevent such equitable relief.
10.1. Notice of Violation
If Chairman of the Board of Trustees 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:
(1)
(2)
{3)
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;
(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 Town of
Norwood Court Board of Trustees 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
Chairman of the Board of Trustees 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 Chairman of the
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Board of Trustees 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 Chairman of the Board of Trustees 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 Chairman of the Board of Trustees 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 Chairman of the Board
of Trustees 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 Chairman of the
Board of Trustees may deem necessary) to enable the applicant or other responsible
person to take the necessary remedial measures to cure such violations.
(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 Chairman
of the Board of Trustees 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 Chairman of the Board of Trustees has taken one or
more of the actions described above, the Chairman of the Board of Trustees 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
Chairman of the Board of Trustees may issue a citation to the applicant or other
responsible person, requiring such person to appear in St. Louis County 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.
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Section 11. Administrative Appeal and Judicial Review
11.1 Administrative Appeal
Any person aggrieved by a decision or order of the St. Louis County Department of Public Works,
may appeal in writing within 10 days after the issuance of such decision or order to the Board of
Trustees of Town of Norwood Court and shall be entitled to a hearing before the Board of Trustees
of Town of Norwood Court within 30 days of receipt of the written appeal.
11.2. Judicial Review
Any person aggrieved by a decision or order of Board of Trustees, after exhausting all administrative
remedies, shall have the right to appeal de novo to the St. Louis County Circuit Court.
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.
Dated this y of 1 , 2008.
Chairman, Board of Trustees
ATTEST
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