§ 88-415-05. ALLOWED USE OF BUFFER ZONES

Stream buffers—including any floodplains, wetlands, slopes over 15%, and mature riparian vegetation areas—must be managed to enhance and maximize their natural resource value. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are allowed within stream buffers.

88-415-05-A. STREAMSIDE ZONE

1.

Activity in the streamside zone is limited to vegetation management to maintain healthy, existing, native vegetation; streambank stabilization; road, trail, and utility crossings; and stormwater outfalls designed in accordance with the city's Standards, Specifications, and Design Criteria. Stream access for fishing and wildlife viewing and trail overlook areas are allowed if they are in compliance with the city's Standards, Specifications, and Design Criteria and maintain the integrity of the stream buffer.

2.

Trails may encroach into the streamside zone only when approved as an administrative adjustment in accordance with 88-570. Administrative adjustments for (paved or unpaved) trail encroachments into the streamside zone may be approved only when the city planning and development director determines that alternative alignments are not feasible because of topography, the presence of existing structures such as bridges or flood control levees, the inability to acquire property to accommodate other trail alignments, or that the trail represents the termini of existing trails and trail rights-of-way. Streambanks and natural resource areas affected by allowed encroachments must be stabilized in accordance with the city's Standards, Specifications, and Design Criteria, and natural resources must be mitigated in accordance with 88-415-07-C and 88-415-08-B.4.

3.

This subsection does not apply to public utility or trail corridors when ownership, an easement, or a binding access agreement is secured prior to February 14, 2009.

88-415-05-B. MIDDLE ZONE

Any activity allowed in the streamside zone is allowed in the middle zone. The following additional uses and activities are also allowed in the middle zone:

1.

underground utility corridors that are fully vegetated and designed in accordance with the city's Standards, Specifications, and Design Criteria and all applicable state and federal requirements; and

2.

paved and unpaved recreational trails for hiking and biking.

88-415-05-C. OUTER ZONE

Any activity allowed in the streamside and middle zones is allowed in the outer zone. The following additional uses and activities are also allowed in the outer zone:

1.

BMPs as outlined in the Manual of Best Management Practices for Stormwater Quality and used in conjunction with the city's Standards, Specifications and Design Criteria. BMP's and related activities include:

a.

stormwater management;

b.

BMP maintenance such as sediment removal and harvesting of vegetation; and

c.

stormwater discharge with appropriate energy dissipation and native vegetation to preserve the integrity of the area.

2.

Property owners may establish the maximum outer zone width in accordance with 88-415-03-C.2 and may develop in the outer zone, subject to the following standards:

a.

no more than 40% of the outer zone area may be disturbed (i.e., cleared of mature riparian vegetation and/or graded) unless mitigation is provided in accordance with 88-415-07-C);

b.

no more than 50% of the outer zone area may be disturbed where mitigation is provided in accordance with 88-415-07-C; and

c.

in all cases, the first 25 feet must be maintained as a no-build area, except for activities as allowed in 88-415-05-D.

3.

Areas required to be undisturbed within the outer zone may not contain permanent buildings, structures, impervious cover or active recreation facilities, such as golf courses or athletic fields.

4.

Property owners may elect to establish the maximum outer zone width or in accordance with 88-415-03-C.2 may also elect to use the conservation development option of 88-410 for residential development within the outer zone. In such cases, they may elect to establish a conservation subdivision for the entire development site or confine the conservation subdivision to the outer zone area only. When a conservation subdivision is confined to the outer zone area, minimum conservation subdivision open space requirements apply only to the outer zone area.

For nonresidential development that includes protected stream corridors, building heights may be increased by up to 20% over otherwise applicable height limits, and minimum off-street parking ratios may be reduced by up to 20%.

88-415-05-D. ALL STREAM BUFFER ZONES

In addition to the activities expressly allowed in the streamside, middle and outer stream buffer zones pursuant to 88-415-05-A, 88-415-05-B, and 88-415-05-C, the following uses and activities are allowed in all stream buffer zones provided that mature riparian vegetation is disturbed as little as is reasonably practical:

1.

existing and on-going agricultural activities (except in the streamside zone);

2.

maintenance/repair of public rights-of-way, streets, and public structures;

3.

site investigation work including surveys, soil logs, percolation tests, and special tests;

4.

reconstruction, remodeling, or maintenance of existing structures as long as these activities do not expand into and/or adversely impact the buffers;

5.

control of noxious and/or invasive vegetation;

6.

emergency actions necessary to prevent dangers to public health or safety, environmental degradation, or public and private property; and

7.

open space uses that protect natural resources such as wildlife sanctuaries, forest preserves, nature centers, picnic areas, and similar uses, as well as game farms, fish hatcheries, hunting or fishing preserves or other activities designed for the protection or propagation of wildlife.

(Ord. No. 120783, § 1, 10-4-2012)