HomeMy Public PortalAboutVillage of Bel NorBILL NO. =q— ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE OF BEL -NOR,
AMENDING THE BEL NOR MUNICIPAL CODE BY
ENACTING A NEW CHAPTER 417 TO BE KNOWN AS
THE VILLAGE OF BEL NOR STREAM BUFFER
PROTECTION CODE.
WHEREAS, The Planning and Zoning Commission of the Village of Bel Nor has
reviewed and discussed an amendment to the Bel Nor Municipal Code regarding
stream buffer protection in accordance with the recommended standards of the
Metropolitan Saint Louis Sewer District; and
WHEREAS, on , the Planning and Zoning Commission of the
Village of Bel Nor reviewed this ordinance, and by a unanimous vote recommended
approval of this ordinance to the Board of Trustees; and
WHEREAS, due and lawful notice of a public hearing on the proposed addition of
Chapter 417 to be held by the Board of Trustees on at 6:00 PM at
Village Hall, 8416 Natural Bridge Road, Bel Nor, Missouri, was published in the St.
Louis Countian, a newspaper of general circulation in the Village of Bel Nor, on
and
WHEREAS, a public hearing was duly and properly held by the Beard of
Trustees at the time and place provided for in the notice and all comments, statements,
objections and suggestions concerning the adoption of the proposed amendments to
the Village's regulations regarding stream buffer protection were duly heard and
considered by the Board of Trustees; and
WHEREAS, the Board of Trustees, after careful and due deliberation, has
determined that the proposed amendment to the Bel Nor Municipal Code to enact a new
Chapter 417, Bel Nor Stream Buffer Protection Code is in the interest of the public
health, safety, welfare and morals of the Village of Bel Nor.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF BEL NOR, MISSOURI, AS FOLLOWS:
SECTION 1.
The Bel Nor Municipal Code is hereby amended by the addition of a new Chapter 417
Bel Nor Stream Buffer Protection Ordinance attached hereto as Exhibit A and made a
part of this ordinance as is fully set out herein.
SECTION 2.
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If any article, section, subsection, paragraph, clause, phrase or provision of this
ordinance shall be adjudged invalid or held unconstitutional, such decision shall not
affect or invalidate the remaining portions of this ordinance.
SECTION 3.
This ordinance shall become effective from and after its passage and adoption
according to law.
PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF BEL -NOR
THIS 20 DAY OF _,2010. 2010.
airman
Attest:
Diana Krosnicki, Village Clerk
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EXHIBIT A
CHAPTER 417
STREAM BUFFER PROTECTION ORDINANCE
Table of Contents
Article I. Title, Findings, and Purposes.
Section 417.010. Title.
Section 417.020. Findings and Purposes.
Section 417.030. Compatibility with Other Regulations and Requirements.
Article II. Definitions.
Section 417.100. Definitions.
Article 111. Applicability.
Section 417.200. Applicability.
Article IV. Land Development Requirements.
Section 417.300. Land Development Requirements.
Section 417.310. Additional Information Requirements for Development on Buffer Zone
Properties.
Section 417.320. Responsibility.
Section 417.330. Inspection.
Section 417.340. Violations.. Enforcement and Penalties.
Article V. Administrative Appeal and Judicial Review.
Section 417.400. Administrative Appeal and Judicial Review.
Article I. Title, Findings, and Purposes
Section 417.010. Title. This ordinance shall be known as the "Bel Nor Stream Buffer Protection
Ordinance."
Section 417.020. Findings and Purposes.
A. Findings. The Board of Trustees of Bel Nor 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
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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
11. Providing opportunities for the protection and restoration of greenspace
B. 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 Bel Nor 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.
417.030. Compatibility with Other Regulations and Requirements. This crdinance is not intended to
interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law.
The requ;rements 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,
regulafion 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.
Article IL Definitions.
Section 417.100. Definitions. The following words, terms and phrases, wh,em used in this chapter, shall
have the meanings ascribed in this section.
Buffer" means, with respect to a stream, a natural or enhanced vegetated area, lying adjacent to
the stream.
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.
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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 Public Services Department 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, Village, 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 fhe stream channel and the normal flows of
the stream. Where no established top -of -thank 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 Channef' means the portion of a watercourse that contains the base flow of the stream.
Article III. Applicability
Section 417.200. Applicability. This ordinance shall apply to all land development activity on property
containing a stream protection area as defined in Article IV 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.
A. 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.
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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.
5. Along streams improved with a rock or concrete channel, which are shown with a dashed
blue line on the U.S.G.S. map, in said areas with combination storm and sanitary sewers,
existing development and minor redevelopment is exempt from the buffer requirement;
provided that no future improvements occur which will increase sediment runoff into the
streams.
Minor redevelopment is defined as infill housing, and residential accessory uses. Infill
housing must provide mitigation methods to prevent any significant increase in storm water
runoff.
B. Exemptions. The following specific activities are exempt from this ordinance. Exemption of these
activities does not constitute an exemption for any other activity proposed on a property.
1. Activities for the purpose of building one of the following:
a stream crossing by a driveway, transportation route or utility line;
public water supply intake or public wastewater structures or stormwater outfalls;
intrusions necessary to provide access to a property;
public access facilities that must be on the water including boat ramps, docks, foot trails
leading directly to the river, fishing platforms and overlooks;
foot trails and paths;
activities to restore and sn Aance stream bank stability, vegetation, water quality and/or
aquatic habitat, so long :is native vegetation and bioengineering techniques are used.
C
2. Public sewer line easement., 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 t
roads, bike paths or other transportation routes in such easements, regardless of paving
material, except for access for the uses specifically cited 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 Public
Services Department 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 Public Services Department 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.
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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 Thereunder is prohibited unless a variance is granted pursuant to
Section 417.300.6 below.
Article IV. Land Development Requirements.
Section 417.300. Land Development Requirements.
A. 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 aI impervious cover shall be prohibited.
t Grading, filling and earthmoving shall be minimized within the setback.
3. No septic tanks or septic tank drain fields shall b:; permitted within the buffer or the setback.
B. Variance Procedures. Variances from the above buffer and setback requirements may be
granted in accordance with the following provisions:
1. Where a parcel was platted prior to the effective date of this ordinance, and its shape,
topography or other existing physical condition pevents land development consistent with
this ordinance, and the Bel Nor Building Department 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 Bel Nor 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 Bel Nor 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 Board of Adjustment shall give public notice of each such public hearing in
a newspaper of general circulation within Bel Nor. The Board of Adjustment shall require that
a notice of the proposed variance and the public hearing be sent to all property owners within
300 feet of the subject parcel.
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.
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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.
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 exie it 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 417.310. Additional Information Requirements for Development on Buffer Zone
Properties. Any permit applications for property1equiring buffers and setbacks hereunder must include
the following:
A. A site plan showing:
1. The location of all streams on the property;
2. Limits of required stream buffers and setbacks on the property;
3. Buffer zone topography with contour lines at no greater than five (5) -foot contour
intervals;
4. Delineation of forested and open areas in the buffer zone; and,
5. 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,
Any other documentation that the Bel Nor Building Department 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 the Bel Nor Stream Buffer Protection Ordinance.
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Section 417.320. 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 Bel Nor, its officers or employees, for injury or
damage to persons or property.
Section 417.330. Inspection. The Bel Nor Building Department 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 Public Services Department in making
such inspections. The Public Services Department 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 417.340. 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.
A. Notice of Viola-'Jcn. If the Village determines that an applicant or other responsible pzrson 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. Whet: a person is engaged in activity covered by this ordinance without have ng 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. The name and address of the owner or the applicant or the responsible person;
2. The address or other description of the site upon which the violation is occurring;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to bring the action or inaction into
compliance with the permit, the approved site plan or this ordinance and the date for the
completion of such remedial action;
5. A statement of the penalty or penalties that may be assessed against the person to whom the
notice of violation is directed; and,
6. A statement that the determination of violation may be appealed to the 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, 24 hours notice shall be sufficient).
B. 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
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penalties, the Village 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 Bel Nor Building Department may take any one or more of
the following actions or impose any one or more of the following penalties.
Stop Work Order - The Village 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 Village 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 Village 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 tc, enable the applicant or other
responsible person to take the necessary remedial measur3:: to cure such violations.
4. Penalties - For violations of this ordinance, the Village may, issue a citation to the applicant or
other responsible person, requiring such person to appear in Bel Nor Municipal Court to
answer charges for such violation. Upon conviction, such'rerson shall be punished by a fine
not to exceed $1,000 or imprisonment for 90 days or both. Each act of violation and each
day upon which any violation shall occur shall constitute a separate offense.
i,rticle V. Administrative Appeal and Judicial Review.
Section 417.400. Administrative Appeal and Judicial Review.
A. Administrative Appeal. Any person aggrieved by a decision or order of Bel Nor, may appeal in
writing within ten (10) days after the issuance of such decision or order and shall be entitled to a hearing
before the Board of Adjustment of Bel Nor within thirty (30) days of receipt of the written appeal.
B. Judicial Review. Any person aggrieved by a decision or order of Board of Adjustment, after
exhausting all administrative remedies, shall have the right to appeal de novo to the St. Louis County
Circuit Court.
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