Exceptions.
Subject to prior written authorization by the planning director, the following activities may be undertaken within the stream buffer provided they meet all the standards specified herein as well as other applicable provisions of the zoning ordinance:
a)
Crossings by streets, driveways, culverts, railroads, recreational features, intakes, docks, utilities, bridges or other facilities shall be allowed provided that they are designed to minimize the amount of intrusion into the stream buffer. Streets and driveways may run generally within and parallel to the stream buffer only where no other access to the property is feasible and when their design minimizes the amount of intrusion into the stream buffer. Crossings with a width of 40 feet or more are permitted only when it has been demonstrated that there is no practical alternative.
b)
Stream buffers may be used for passive recreational activities, such as unpaved or paved trails or greenways, provided that service facilities for such activities, including but not limited to parking, picnicking and sanitary facilities, are located outside of the stream buffer. Where practical, such activities shall be kept at least 15 feet from the stream bank.
c)
Clearing and revegetating the stream buffer pursuant to a plan approved by the planning director when it has been demonstrated that such clearing and revegetation will improve stream buffer's pollutant removal efficiency.
d)
Stormwater control structures and temporary erosion control structures shall be considered utilities for the purposes of this section and may be allowed in stream buffers, provided that:
1)
The property owner or applicant demonstrates to the satisfaction of the planning director that such facilities cannot be practicably located outside of the stream buffer, and that any proposed stormwater control structure is sited and designed to minimize disturbance of the stream and stream buffer.
2)
Alternate methods of stormwater and erosion control shall be considered prior to approval of such structures in the stream buffers.
3)
A vegetated buffer of a width approved by the planning director shall be required around the stormwater control structures.
4)
Any land disturbed for these structures shall be revegetated with appropriate native species in accordance with a revegetation plan approved by the planning director.
e)
Sanitary sewer lines, on an alignment generally parallel to the stream, may be allowed in stream buffers, provided that:
1)
The property owner or applicant demonstrates in writing to the satisfaction of the director of water and sewer that the sanitary sewer lines cannot be practicably located outside of the stream buffer;
2)
Design and construction specifications minimize damage to the stream and the possibility of line leakage;
3)
The sewer line is located at least 15 feet from the top of the stream bank; and
4)
The sanitary sewer plan and a plan for revegetating the stream buffer disturbance shall be approved by the director of water and sewer.
f)
Streams may be piped, thereby exempting the piped section of the stream from stream buffer requirements, provided such piping complies with the permitting/certification requirements of the Clean Water Act and any other applicable state and federal regulations. Piping undertaken for the purpose of accommodating public roads, railroads, greenways, recreational facilities and private roads and drives should be designed so that the right-of-way or roadway-and-shoulder width is no more than is necessary considering the design capacity of the facility and so that the proposed stream piping is not substantially in conflict with the other objectives of this section. Where stream piping is approved, a vegetated buffer area or other device shall be provided at any intake or discharge structure. All buffers and physical improvements related to the stream piping shall be located entirely on the site or, pursuant to easement, on lands adjacent to the site.
g)
Selective removal of invasive exotic species in accordance with a plan approved by the planning director.
h)
View corridors are allowed so long as the soil is undisturbed and the natural forest floor, ground cover and understory vegetation are left intact. Pruning associated with the creation and maintenance of a view corridor is exempt. Thinning of the overstory and mid-canopy trees is permissible with the written authorization of the planning director.
Site plan approval by the planning director shall be required for any of the stream buffer intrusions described above. When any of the activities described above involves land clearing, the cleared area shall be revegetated pursuant to an approved plan. However, where a site plan is not required by any other provision of the zoning ordinance, the director of public works is authorized to approve plans for stream piping and erosion control structures in stream buffers.
Exceptions.
Subject to prior written authorization by the planning director, the following activities may be undertaken within the stream buffer provided they meet all the standards specified herein as well as other applicable provisions of the zoning ordinance:
a)
Crossings by streets, driveways, culverts, railroads, recreational features, intakes, docks, utilities, bridges or other facilities shall be allowed provided that they are designed to minimize the amount of intrusion into the stream buffer. Streets and driveways may run generally within and parallel to the stream buffer only where no other access to the property is feasible and when their design minimizes the amount of intrusion into the stream buffer. Crossings with a width of 40 feet or more are permitted only when it has been demonstrated that there is no practical alternative.
b)
Stream buffers may be used for passive recreational activities, such as unpaved or paved trails or greenways, provided that service facilities for such activities, including but not limited to parking, picnicking and sanitary facilities, are located outside of the stream buffer. Where practical, such activities shall be kept at least 15 feet from the stream bank.
c)
Clearing and revegetating the stream buffer pursuant to a plan approved by the planning director when it has been demonstrated that such clearing and revegetation will improve stream buffer's pollutant removal efficiency.
d)
Stormwater control structures and temporary erosion control structures shall be considered utilities for the purposes of this section and may be allowed in stream buffers, provided that:
1)
The property owner or applicant demonstrates to the satisfaction of the planning director that such facilities cannot be practicably located outside of the stream buffer, and that any proposed stormwater control structure is sited and designed to minimize disturbance of the stream and stream buffer.
2)
Alternate methods of stormwater and erosion control shall be considered prior to approval of such structures in the stream buffers.
3)
A vegetated buffer of a width approved by the planning director shall be required around the stormwater control structures.
4)
Any land disturbed for these structures shall be revegetated with appropriate native species in accordance with a revegetation plan approved by the planning director.
e)
Sanitary sewer lines, on an alignment generally parallel to the stream, may be allowed in stream buffers, provided that:
1)
The property owner or applicant demonstrates in writing to the satisfaction of the director of water and sewer that the sanitary sewer lines cannot be practicably located outside of the stream buffer;
2)
Design and construction specifications minimize damage to the stream and the possibility of line leakage;
3)
The sewer line is located at least 15 feet from the top of the stream bank; and
4)
The sanitary sewer plan and a plan for revegetating the stream buffer disturbance shall be approved by the director of water and sewer.
f)
Streams may be piped, thereby exempting the piped section of the stream from stream buffer requirements, provided such piping complies with the permitting/certification requirements of the Clean Water Act and any other applicable state and federal regulations. Piping undertaken for the purpose of accommodating public roads, railroads, greenways, recreational facilities and private roads and drives should be designed so that the right-of-way or roadway-and-shoulder width is no more than is necessary considering the design capacity of the facility and so that the proposed stream piping is not substantially in conflict with the other objectives of this section. Where stream piping is approved, a vegetated buffer area or other device shall be provided at any intake or discharge structure. All buffers and physical improvements related to the stream piping shall be located entirely on the site or, pursuant to easement, on lands adjacent to the site.
g)
Selective removal of invasive exotic species in accordance with a plan approved by the planning director.
h)
View corridors are allowed so long as the soil is undisturbed and the natural forest floor, ground cover and understory vegetation are left intact. Pruning associated with the creation and maintenance of a view corridor is exempt. Thinning of the overstory and mid-canopy trees is permissible with the written authorization of the planning director.
Site plan approval by the planning director shall be required for any of the stream buffer intrusions described above. When any of the activities described above involves land clearing, the cleared area shall be revegetated pursuant to an approved plan. However, where a site plan is not required by any other provision of the zoning ordinance, the director of public works is authorized to approve plans for stream piping and erosion control structures in stream buffers.