§ 525.010 Adoption of Operation and Maintenance Program.
§ 525.030 Findings and Purposes.
§ 525.060 Land Development Requirements.
§ 525.070 Compatibility With Other Regulations and Requirements.
§ 525.080 Additional Information Requirements for Development on Buffer Zone Properties.
§ 525.110 Violations, Enforcement and Penalties.
§ 525.120 Administrative Appeal and Judicial Review.
Section 525.010 Adoption of Operation and Maintenance Program.
Section 525.030 Findings and Purposes.
Section 525.060 Land Development Requirements.
Section 525.070 Compatibility With Other Regulations and Requirements.
Section 525.080 Additional Information Requirements for Development on Buffer Zone Properties.
Section 525.110 Violations, Enforcement and Penalties.
Section 525.120 Administrative Appeal and Judicial Review.
The City of Breckenridge Hills hereby adopts the operation and maintenance program for prevention and reduction of pollution in stormwater runoff, and said program is on file in City Hall.
This Article shall be known as the "City of Breckenridge Hills Stream Buffer Protection Ordinance".
Providing opportunities for the protection and restoration of greenspace.
With respect to a stream, a natural or enhanced vegetated area (established by Section 525.060(A)(1) below) lying adjacent to the stream.
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.
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.
The permit issued by the City of Breckenridge Hills required for undertaking any land development activity.
With respect to a stream, the area established by Section 525.060(A)(2) extending beyond any buffer applicable to the stream.
This Article shall apply to all land development activity on property containing a stream protection area as defined in Section 525.040 of this Article. 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.
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 Article.
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 Article.
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 Article.
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.
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 of Breckenridge Hills Building Department 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 of Breckenridge Hills Building 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.
After the effective date of this Article, 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 525.060(B) below.
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.
Where a parcel was platted prior to the effective date of this Article, and its shape, topography or other existing physical condition prevents land development consistent with this Article, and the City of Breckenridge Hills Building Department 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 the City of Breckenridge Hills 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 the City of Breckenridge Hills 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 of Breckenridge Hills shall give public notice of each such public hearing in a newspaper of general circulation within the City of Breckenridge Hills. The City of Breckenridge Hills 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.
When a property's 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.
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.
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.
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 City of Breckenridge Hills Ord. No. 1127, this Chapter".
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 City of Breckenridge Hills, its officers or employees, for injury or damage to persons or property.
The 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 Building Department in making such inspections. The City of Breckenridge Hills 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 times 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.
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 Building Department 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 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.
A statement that the determination of violation may be appealed to the Building Department 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 (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 Building Department 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 Building Department may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties.
Stop work order. The Building Department 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 Building Department 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 Building Department 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 Building Department 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 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 Building Department 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 Building Department has taken one (1) or more of the actions described above, the Building Department 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.
Criminal penalties. For intentional and flagrant violations of this Article, the Building Department may issue a citation to the applicant or other responsible person requiring such person to appear in the City of Breckenridge Hills Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment for thirty (30) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
Administrative Appeal. Any person aggrieved by a decision or order of the Building Department may appeal in writing within thirty (30) days after the issuance of such decision or order to the Board of Adjustment of the City of Breckenridge Hills and shall be entitled to a hearing before the Board of Adjustment of the City of Breckenridge Hills within thirty (30) days of receipt of the written appeal.
Judicial Review. Any person aggrieved by a decision or order of the Building Department, after exhausting all administrative remedies, shall have the right to appeal de novo to the Circuit Court of St. Louis County.
If any Article, Section, Subsection, paragraph, clause, phrase or provision of this Article shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this Article.