(a)

The following buffers are established by the mapped floodplain area, or from the mean annual high water line (AHWL), as determined by the public works director, on each side of any perennial stream or river, water body, or wetland.

(b)

Classifications of surface waters as perennial or intermittent streams, or as a lake or pond, shall be as indicated on the most recent version of the United States Geological Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps, or the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA). If there exists a discrepancy between these maps that would affect a required buffer, the classification requiring the most stringent buffer shall be applied.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

Intent. The riparian protection buffer is intended to protect the habitat, wetland, slopes, stream integrity, and features in the immediate vicinity of riparian areas. These areas are typically ecologically rich but sensitive habitats that also serve as critical buffers to sedimentation.

(b)

Minimum total width. The minimum total width of the riparian protection buffer shall be the width of the mapped floodplain, or where the floodplain is not mapped or is narrower than 100 feet, 100 feet from the AHWL on both sides. On residential properties, the minimum width of the riparian protection buffer may be reduced to 50 feet in some locations where the floodplain in that area is less than 50 feet wide, and if an average setback of 100 hundred feet is maintained across the property as a whole.

(Ord. No. 2018-0030, § 2, 4-10-2018)

(a)

The riparian protection buffer area shall be divided into two zones as described below:

(1)

No disturbance zone - Zone 1.

a.

Zone 1 shall begin at each edge of any identified riparian area, and shall occupy a margin of land on each side, each with a minimum width of 25 feet from any wetland, water body, perennial stream, or intermittent stream. Where very steep slopes, 30 percent or greater, are located within, and extend beyond such margin, Zone 1 shall extend to include the entirety of the very steep slopes up to a maximum dimension of 100 feet.

b.

No disturbance of land shall be allowed within Zone 1 including, but not limited to, dumping, filling, dredging, new construction, excavating, substantial improvements or modifications, scraping by motorized equipment, removal of native vegetation or root systems, or transferring materials that will reduce the natural storage capacity of the land, interfere with the natural flow pattern of any watercourse, or degrade the quality of surface or ground water. Limited exceptions to these restrictions include:

(i)

Flood control structures;

(ii)

Stream restoration practices;

(iii)

Selected removal of dead, hazardous, or invasive vegetation or vegetation management in accordance with an approved landscape plan;

(iv)

Utility rights-of-way and construction;

(v)

Recreation uses with the approval of the planning and development director;

(vi)

Unpaved pedestrian trails; and,

(vii)

Roads where no economically feasible alternative exists.

(2)

Riparian transition buffer - Zone 2.

a.

Zone 2 provides for limited uses in a buffer between development and Zone 1. It also provides separation between areas of intense human use and riparian features associated with intermittent or ephemeral streams.

b.

The minimum width of Zone 2 for wetlands, waterbodies, perennial streams, or intermittent streams shall be from the edge of Zone 1 to the limit of the mapped floodplain.

c.

No significant disturbance of land outside of the buildable area of a property shall be allowed within Zone 2 buffers including, but not limited to, dumping, filling, dredging, excavating, scraping by motorized equipment, removal of native vegetation or root systems, or transferring materials that will reduce the natural storage capacity of the land or interfere with the natural flow pattern of any watercourse or degrade the quality of surface or ground water. The following structures, uses, and activities are permitted in the riparian transition buffer:

(i)

Any use permitted in the Zone 1 buffer;

(ii)

Non-agricultural open fencing;

(iii)

Biking or hiking trails; and,

(iv)

Stormwater management facilities with the approval of the public works director.

(Ord. No. 2018-0030, § 2, 4-10-2018)