Land Development Requirements.
Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:
a. Where a parcel was platted prior to the effective date of this Section, and its shape, topography or other existing physical condition prevents land development consistent with this Section, and the Board of Adjustment of the City finds and determines that the requirements of this Section prohibit the otherwise lawful use of the property by the owner, the Board of Adjustment of the City may grant a variance from the buffer and setback requirements hereunder, provided that such variance requires mitigation measures to offset the effects of any proposed land development on the parcel.
b. Except as provided above, the Board of Adjustment of the City shall grant no variance from any provision of this Section 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 shall give public notice of each such public hearing in a newspaper of general circulation within the City. The City 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.
Conditions For Considering Variances.
a. Variances will be considered only in the following cases:
(1) When a property's shape, topography or other physical conditions existing at the time of the adoption of this Section prevents land development unless a buffer variance is granted.
(2) Unusual circumstances when strict adherence to the minimal buffer requirements in the chapter would create an extreme hardship.
b. Variances will not be considered when, following adoption of this Section, actions of any property owner of a given property have created conditions of a hardship on that property.
Information Required. 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 (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.
Factors For Determination. 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.
Additional Information Requirements For Development On Buffer Zone Properties.
1. Any permit applications for property requiring 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-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.
b. A description of all proposed land development within the buffer and setback; and
c. Any other documentation that the Director of Public Works or Board of Adjustment may reasonably deem necessary for review of the application and to ensure that this Section is addressed in the approval process.
2. 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 City of Crestwood Stream Buffer Protection Ordinance."
Responsibility.
Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this Section 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, its elected officials, boards, commissions, officers or employees, for injury or damage to persons or property.
Inspection.
1. The City 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 in making such inspections. The City shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section, 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.
2. 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.
Violations, Enforcement And Penalties.
1. Notice Of Violation. See Section
26-24H.1 for a list of components for a notice of violation.
2. Penalties. See Section
26-24H.2 for details.
Administrative Appeal And Judicial Review.
1. Administrative Appeal. Any person aggrieved by a decision or order of the City may appeal, in writing, within fifteen (15) days after the issuance of such decision or order to the Director of Public Works of the City and shall be entitled to a hearing before the Board of Adjustment of the City within 30 days of receipt of the written appeal.
2. Judicial Review. Any person aggrieved by a decision or order of the City, after exhausting all administrative remedies, shall have the right to appeal de novo to the St. Louis County Circuit Court.
