Cannon Township City Zoning Code
ARTICLE 18
Bear Creek Watershed Overlay District
§ 450-18.01 Description; purpose.
A.
The provisions of the Bear Creek Watershed Overlay District (the "overlay" or "overlay district") are in addition to the provisions of the existing zoning districts in which the lands within the overlay are located. Lands within the overlay are subject to both the provisions of the existing zoning districts and the overlay district; in the case of conflicts between the provisions of the overlay and those of the existing zoning districts, the provisions of the overlay shall control.
B.
The purpose of the Bear Creek Watershed Overlay District is to establish regulations to preserve and enhance the integrity of certain creeks and their tributaries located within the Bear Creek Watershed.
C.
These creeks and streams are valuable natural resources of the Township, for they contribute to the Township's rural character, provide scenic views and serve as a habitat for fish and wildlife. The provisions in this article are adopted in order to minimize land erosion, stabilize creek banks, protect water quality, avoid runoff of nutrients into creeks and streams, maintain water temperature of creeks and streams at natural levels, preserve fish and wildlife habitat, screen buildings and other structures and preserve the appearance and resource values of the watershed.
§ 450-18.02 Applicability.
A.
The overlay district includes all lands within a distance of 100 feet beyond the ordinary high-water mark on each side of the creeks and tributaries shown on the Township Zoning Map, including Bear Creek, Stout Creek and Armstrong Creek.
B.
Flowing tributaries, including those that flow only intermittently, of Bear Creek, Stout Creek and Armstrong Creek are also included in the overlay.
§ 450-18.03 Land use regulations.
A.
Existing zoning districts. The permitted land uses and the special land uses of the lands within the overlay and the minimum requirements for such uses shall be as stated in the existing zoning districts, except as otherwise provided in this section.
B.
Natural vegetation strip.
(1)
A natural vegetation strip shall be maintained along the banks of all creeks and streams in the overlay within 25 feet of the ordinary high-water mark.
(2)
Natural ground cover within the required natural vegetation strip shall be preserved to the fullest extent feasible. If natural ground cover is removed, it shall be replaced with vegetation that is equally effective in retarding stormwater runoff, preventing land erosion and preserving natural beauty.
(3)
Within the required natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber in order to achieve a filtered view of a creek or stream from a dwelling or other principal building and for reasonable private access to the creek or stream. Such pruning and removal shall, however, ensure that a live root system remains intact in order to stabilize the bank of the creek or stream and to control erosion. Clear-cutting within the required natural vegetation strip is prohibited.
(5)
The planting of perennial, native plant species in the required natural vegetation strip is encouraged, especially in the case of exposed soil and steep slopes and in undertakings for reforestation.
(6)
Pathways to a creek or stream may cross the required natural vegetation strip, but the clearing for the pathway shall be no greater than 10 feet wide, and the pathway shall be located such as to protect the soil and vegetation from erosion.
C.
Minimum building setbacks.
(1)
A dwelling or other principal building shall be set back at least 100 feet from the ordinary high-water mark of any creek or stream within the overlay.
(2)
Septic tanks and septic drain fields shall be set back at least 100 feet from the ordinary high-water mark of any creek or stream within the overlay; provided, however, that the Zoning Administrator may permit a septic tank and septic drain field to be set back no closer to 80 feet from the ordinary high-water mark of any creek or stream if such alternate setback is the only reasonably available location for the septic tank and drain field or any part thereof, based on the nature of the soils, topography, location of water bodies or buildings or other factors pertaining to the land.