Series 108 2007 ORDINANCES/RESOLUTIONS
Section 108-007; Ord. 19343; Amending Chapter 12A, Chapter 25 and Chapter 29 of the City Code to establish stream buffer requirements
Ordinance No.
19343 Council
Bill No. B 500-06 A
AN ORDINANCE
amending Chapter 12A, Chapter 25 and Chapter 29 of the City Code to establish stream
buffer
requirements; and fixing the time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
FOLLOWS:
SECTION 1. Chapter 12A of the Code
of Ordinances of the City of Columbia, Missouri, is
hereby amended to add the following article:
ARTICLE X. STREAM BUFFER REQUIREMENTS
Sec. 12A-231. Purpose and findings.
(a) Stream buffers provide numerous
benefits including:
(1) Restoring and maintaining the
chemical, physical and biological integrity of streams;
(2) Removing pollutants delivered
in urban storm water;
(3) Reducing erosion and controlling
sedimentation;
(4) Stabilizing stream banks;
(5) Providing infiltration of storm
water runoff;
(6) Maintaining base flow of streams;
(7) Contributing organic matter needed
by the aquatic ecosystem for food and energy;
(8) Providing tree canopy to shade
streams and promote desirable aquatic organisms;
(9) Providing riparian wildlife habitat;
(10) Furnishing scenic value and recreational
opportunity;
(11) Protecting the public from flooding,
property damage and loss; and
(12) Providing sustainable, natural
vegetation.
(b) The purpose of this article is
to protect streams in the city by establishing minimum
stream buffer requirements
.
Sec. 12A-232. Applicability.
(a) This article applies to all land
in the city except the following:
(1) Land used for farming activities
covered by an approved Natural Resources Conservation
Services (NRCS) conservation plan that includes the application of Best Management Practices
(BMPs).
(2) Land included in a preliminary
or final plat approved before January 2, 2007.
(3) The portion of land for which
a valid, unexpired building permit has been issued or for
which application for a building permit is pending on January 2, 2007.
(4) Land used for surface mining operations
that is operating in compliance with a state-approved surface mining permit.
Sec. 12A-233. Definitions.
The following definitions apply to this article:
Best Management Practices (BMPs) - Conservation practices or management measures which
control soil loss and reduce water quality degradation mainly caused by nutrients, animal wastes,
toxins, sediment in the runoff. BMPs may be either structural (for example, grass swales,
terraces, retention and detention ponds), or non-structural (for example, disconnection of
impervious surfaces, directing downspouts onto grass surfaces and educational activities).
Buffer - A vegetated area including trees, shrubs, managed lawn areas, and herbaceous
vegetation which exists or is established to protect a stream system, lake or reservoir.
Development –
(1) The improvement of property for
any purpose involving construction; or
(2) Subdivision or the division of
a tract or parcel of land into two or more parcels; or
(3) The combination of any two or
more lots, tracts, or parcels of property for any purpose;
(4) The preparation of land for construction;
or
(5) Land disturbance that requires
the issuance of a land disturbance permit.
Farming Activities - Disturbance of any area greater than twenty thousand (20,000) square feet
for the purpose of planting, cultivating and harvesting any crop product for commercial use.
Managed Lawn Areas - Any area greater than five hundred (500) square feet where
the
vegetative ground cover is maintained at a uniform height of less than 3 inches.
Non-point Source Pollution - Pollution which is generated by various
land use activities rather
than from an identifiable or discrete source, and is conveyed to waterways through natural
processes such as rainfall, storm runoff or groundwater seepage and infiltration rather than
through direct discharge.
Pollution - Any contamination or alteration
of the physical, chemical, or biological properties
of any waters that will render the waters harmful or detrimental to domestic, commercial,
industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild
animals, birds, fish or other aquatic life.
Streams - Perennial and intermittent watercourses identified through site inspection and
United States Geological Survey (USGS) maps and further defined and categorized as follows:
(1) Type I Streams are defined as
perennial streams shown as solid blue lines on the United
States Geological Survey seven and one-half minutes series topographical map.
(2) Type II Streams are defined as
intermittent streams shown as dashed blue lines on the
United States Geological Survey seven and one-half minutes series topographical map.
(3) Type III Streams are defined as
waterways or natural channels which are not shown on
the United States Geological Survey seven and one-half minutes series topographical map as
either blue or dashed blue lines which have drainage areas of greater than 50 acres.
Waterways – Natural or manmade lakes, natural channels, rivers, streams,
and creeks which
store or convey stormwater runoff.
Wetlands - Areas that are inundated or saturated by surface or groundwater at frequency
and
duration sufficient to support and under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Sec. 12A-234. No land disturbance in stream buffer before plan approved.
It shall be unlawful for any person to clear, grade, disturb
vegetation or build a structure on
any land subject to this article that is located within one hundred (100) feet of a Type I Stream,
fifty (50) feet of a Type II Stream or thirty (30) feet of a Type III Stream, as measured in Sec.
12A-236(b), before the director has approved a stream buffer plan for the land.
Sec. 12A-235. Stream buffer plan requirements.
(a) All development plans and plats
shall include or be accompanied by a stream buffer plan
that sets forth an informative, conceptual and schematic representation of the proposed stream
buffers by means of maps, graphs, charts, or other written or drawn documents to enable the city
to determine whether the plan or plat is in compliance with the requirements of this article.
(b) Stream buffer plans shall contain
the following information:
(1) A site plan map at a minimum scale
of 1-inch = 200-feet.
(2) Field delineated and surveyed
streams, springs, seeps, bodies of water, sink holes, and
wetlands (include a minimum of 200 feet into adjacent properties).
(3) Delineated stream buffers.
(4) Limits of the ultimate 100-year
floodplain as shown on the adopted floodplain maps for
the city of Columbia.
(5) Steep slopes greater than 15%
for areas adjacent to and within 200 feet of streams,
wetlands, or other waterbodies.
(c) A stream buffer plan shall be
submitted in conjunction with the required land disturbance
plan for each development, and the buffer must be clearly delineated on the site grading plan.
Each site grading and drainage plan shall include a note stating, “There shall be no clearing,
grading, construction or disturbance of vegetation except as specifically approved by the city.”
Sec. 12A-236. Design standards for stream buffers.
(a) An adequate buffer for a stream
system shall consist of a predominantly undisturbed strip
of land extending along both sides of a stream and its adjacent wetlands, floodplains or slopes.
The buffer width may be adjusted to include contiguous sensitive areas, such as steep slopes or
erodible soils, where disturbance may adversely affect water quality, streams, wetlands, or other
water bodies.
(b) The buffer shall begin and be
measured from the ordinary high water mark of the channel
during base flows.
(c) The required base width for all
stream buffers is shown in Table I.
|
TABLE I.
Required
Stream
Buffer
Width
|
|
Waterway
Type
|
Required
Width
(each
side)
|
|
Type I
|
100 feet
|
|
Type II
|
50 feet
|
|
Type III
|
30 feet
|
(d) Stream buffer width shall be increased
where there are steep slopes in close proximity to
the stream that drain into the stream system as set forth in Table II.
|
TABLE II.
Modifications
to Stream
Buffer Width
Based on
Slope
|
|
Percent
Slope
|
Width
of
Buffer
|
|
0 –
14%
|
No
Change
|
|
15% -
25%
|
add 25
feet
|
|
Greater
than
25%
|
add 50
feet
|
(e) Buffer averaging. The stream
buffer width may be relaxed and the buffer permitted to
become narrower at some points as long as the average width of the buffer meets the minimum
requirement. This averaging of the buffer may be used to allow for the presence of an existing
structure or to recover a lost lot, as long as the streamside zone (Zone I) is not narrowed by the
averaging.
Sec. 12A-237. Stream buffer function, vegetation and uses.
(a) The stream buffer shall be composed
of two distinct zones, each having its own function,
allowed vegetation and permitted uses as set forth in this section and as summarized in Table III.
The streamside zone will begin and be measured as set forth in Sec. 12A-236(b) and extend
away from the ordinary high water mark a distance as shown in Table III. The outer zone will
begin at the outside edge of the streamside zone and extend outward, away from the streamside
zone the distances shown in Table III.
|
Table III.
Stream
Buffers
|
|
Streamside
Zone
|
Outer
Zone
|
|
Type I
Waterway
|
Type II
Waterway
|
Type III
Waterway
|
|
Type I
Waterway
|
Type II
Waterway
|
Type III
Waterway
|
|
Width
|
50
|
25
|
15
|
Width
|
50
|
25
|
15
|
|
Vegetation
|
Indigenous
Vegetation
|
Vegetation
|
Type I –
Indigenous
Vegetation
Type II –
Managed Lawns
Permissible
Type III –
Managed Lawns
Permissible
|
|
Uses
|
Flood
control,
footpaths,
road
crossings,
utility
corridors
|
Uses
|
Biking/hiking
paths, flood
control,
detention/retention
structures, utility
corridors, storm
water BMPs,
residential yards,
landscaped areas
|
|
Function
|
Protect the
physical
and
ecological
integrity of
the stream
ecosystem
|
Function
|
Protect key
components of the
stream and filter
and slow velocity
of water runoff
|
(b) The width of the streamside zone
is set forth in Table III. The normal width of the outer
zone is set forth in Table III but will vary if the stream buffer is increased or decreased on an
approved stream buffer plan.
(c) The function of the streamside
zone is to protect the physical, biological and ecological
integrity of the stream ecosystem. The function of the outer zone is to prevent encroachment into
the streamside zone and to filter runoff from residential and commercial development.
(d) Indigenous vegetation must be
preserved in the streamside zone and in the outer zone of
Type I Streams. Managed lawns are permitted in the outer zone of Type II and Type III Streams
although landowners are encouraged to preserve or plant indigenous vegetation in order to
increase the filtering capability of the buffering system.
(e) The structures, practices and
activities permitted in the streamside zone of the buffer are
limited to the following:
(1) Roads and bridges.
(2) Utilities where no practical alternative
exists.
(3) Paths and recreation trails (but use of the outer zone
is preferred).
(4) Removal of diseased or dead trees,
brush and trash.
(5) Removal of debris which could
cause flooding.
(6) Selective (spot) spraying of noxious or other vegetation
consistent with recommendations
from the city arborist or the Missouri Department of Conservation.
(7) Water quality monitoring and stream gauging.
(8) Maintenance of city-approved bank stabilization measures.
(9) Maintenance of all city-approved
improvements, including utilities.
(f) The following practices and activities
are specifically prohibited within the streamside
zone of the stream buffer, except by the City:
(1) Clearing of existing vegetation.
(2) Soil disturbance by grading, stripping, or other practices.
(3) Filling or dumping.
(4) Drainage by ditching, underdrains, or other systems.
(5) Use, storage, or application of pesticides, except as
provided for in subsection (e)(6).
(6) Storage or operation of motorized vehicles, except for
maintenance and emergency use
approved by the City.
(7) Housing, grazing, or other maintenance
of livestock.
(g) The structures, practices and
activities permitted in the outer zone of the buffer are
limited to the following:
(1) All uses permitted in the streamside zone,
(2) Flood control structures,
(3) Detention and retention structures,
(4) Utility corridors,
(5) Storm water BMPs,
(6) Managed lawns (Type II and III Streams only), and
(7) Landscaped areas.
(h) There shall be no septic systems,
permanent structures or impervious cover, with the
exception of foot paths, roads, bridges and utilities within the outer zone.
(i) The following activities are specifically
prohibited within the outer zone of the stream
buffer of Type I Streams, except by the City:
(1) Clearing of existing vegetation.
(2) Soil disturbance by grading, stripping, or other practices.
(3) Filling or dumping.
Sec. 12A-238. Additional land use restriction near streams.
The following land uses and activities are potential water
pollution hazards and must be set
back from any stream or waterbody by the distance indicated below:
|
1.
|
Storage & use
of hazardous
substances
|
300-feet
|
|
2.
|
Above- or
below-ground
petroleum
storage
facilities
|
300-feet
|
|
3.
|
Drain fields
from on-site
sewage
disposal &
treatment
systems
|
200-feet
|
|
4.
|
Raised septic
systems
|
200-feet
|
|
5
|
Salvage yards
or
Automobile
Recyclers
|
600-feet
|
|
6.
|
Confined
animal feedlot
operations
|
500-feet
|
|
7
|
Tilled land
(for crops)
|
200-feet
|
Sec. 12A-239. Temporary boundary markers.
Temporary boundary markers shall be installed by the applicant
before clearing and grading
operations begin and shall be maintained throughout the development activities. The markers will
be placed on the outside edge of the buffer zone before the start of any activity adjacent to the
buffer zone. Markers shall be clearly visible and shall be spaced at a maximum of 100 feet. The
markers shall be joined by marking tape or fencing.
Sec. 12A-240. Nuisances.
(a) Any condition prohibited by this
article is a nuisance.
(b) The abatement procedures and other
provisions of article IX, division 4 of this chapter
apply to this article.
Sec. 12A-241. Variances by the director.
(a) The director may grant a variance
or waiver for the following:
(1) Projects or activities serving
a public need where no feasible alternative is available.
(2) The repair and maintenance of
public improvements where avoidance and minimization
of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.
(b) The applicant shall submit a written
request for a variance or waiver to the director. The
application shall include specific reasons justifying the variance and any other information
necessary to evaluate the proposed variance. The director may require an alternatives analysis
that clearly demonstrates that no other feasible alternatives exist and that minimal impact will
occur as a result of the project or development.
(c) In granting a request for a variance,
the director may require site design, landscape
planting, fencing, the placement of signs, and the establishment of water quality best
management practices in order to reduce adverse impacts on water quality, streams, wetlands,
and floodplains.
Sec. 12A-242. Conflict with other regulations.
Where the standards and management requirements of this article
are in conflict with other
laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands,
floodplains, timber harvesting, land disturbance activities, or other environmental protective
measures, the more restrictive requirement shall apply.
SECTION 2. Chapter 25 of the Code
of Ordinances of the City of Columbia, Missouri, is
hereby amended as follows:
Material to be deleted in
strikeout; material to be added underlined.
Sec. 25-26. Preliminary plat specifications.
The preliminary plat shall be clearly and legibly drawn at
a scale of not more than one (1) inch
equals one hundred (100) feet under the supervision of a registered land surveyor or registered
professional engineer, attested to by his seal and signature on the plat. The preliminary plat shall
include the following information:
. . .
(3) Features.
a. Location
of existing property lines, buildings and structures, building setback and street
plan lines, streets, utilities, watercourses, flood-prone areas (floodway, floodway fringe, and/or
100-year floodplain delineated on the December 1, 1981, flood hazard boundary map and
amendments thereto)
and stream buffer limits, if applicable, cemeteries and burial grounds,
railroads, bridges, culverts, drain pipes, lagoons and any natural features such as wooded areas
within the proposed subdivision and immediately adjacent thereto, including the location and
width of existing street rights-of-way, alleys, roads, railroad rights-of-way, and recorded
easements;
. . .
Sec. 25-28. Final plat specifications.
(a) The final plat shall be prepared
under the supervision of a registered land surveyor and
attested to by his signature and seal on the plat, in compliance with the current Missouri
Minimum Standards for Property Boundary Surveys and to the following standards:
. . .
(12) Location of all flood-prone areas (floodway, floodway
fringe and/or 100-year flood plain
as delineated on the December 1, 1981, flood hazard boundary map and amendments thereto)
and
stream buffer limits, if applicable;
. . .
SECTION 3. Chapter 29 of the Code
of Ordinances of the City of Columbia, Missouri, is
hereby amended as follows:
Material to be deleted in
strikeout; material to be added underlined.
Sec. 29-10. District PUD, planned unit development.
. . .
(f)
Procedure for Review and Approval of a PUD Development Plan.
. . .
(2) The PUD development plan submittal
shall include the following:
. . .
p. A conceptual
stormwater management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable; existing
streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the PUD development
plan or at the time of application for a land disturbance or building permit.
. . .
Sec. 29-11. District RMH, residential manufactured home park district.
. . .
(e)
Procedure for review and approval of an RMH plan.
. . .
(3) The preliminary development plan
shall show the following:
. . .
k. Natural
and modified drainage ways, proposed culverts,
stream buffer limits and
detention areas, if applicable, on the site.
. . .
Sec. 29-13.1. District O-P, planned office district.
. . .
(f)
Procedure for Review and Approval of an O-P Development Plan.
. . .
(2) The development plan submittal shall
include the following:
. . .
l. A conceptual
storm water management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable;
existing streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the O-P development plan
or at the time of application for a land disturbance or building permit.
. . .
Sec. 29-17. District C-P, planned business district.
. . .
(f)
Procedure for Review and Approval of a C-P Development Plan.
. . .
(2) The development plan submittal
shall include the following:
. . .
l. A conceptual
storm water management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable; existing
streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the C-P development plan
or at the time of application for a land disturbance or building permit.
. . .
Sec. 29-18. District M-R, research, development and office park district.
. . .
(f)
Procedure for Review and Approval of an M-R Development Plan.
. . .
(2) The development plan submittal
shall include the following:
. . .
k. A conceptual
stormwater management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable; existing
streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the M-R development
plan or at the time of application for a land disturbance or building permit.
. . .
Sec. 29-19.1. District M-P, Planned general industrial district.
. . .
(f)
Procedure for Review and Approval of an M-P Development Plan.
. . .
(2) The development plan submittal
shall include the following:
. . .
k. A conceptual
stormwater management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable; existing
streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the M-P development
plan or at the time of application for a land disturbance or building permit.
. . .
SECTION 4. This ordinance shall be in full force and
effect from and after its passage.
PASSED this 2nd day of January, 2007.