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Johnston City Zoning Code

CHAPTER 183

STREAM BUFFER PROTECTION

183.01 PURPOSE

  • 1.
    The purpose of this Chapter is to establish reasonable standards to protect the public health, safety, and environment; to minimize public and private losses due to erosion and stream meander; to provide for the efficient preservation and maintenance of stream systems; and to maintain water quality through provisions designed to minimize impactful land development adjacent to streams and requiring authorization for any such land development activities within a required buffer.
  • 2.
    Buffers adjacent to streams provide numerous public benefits including, but not limited to:
    1. A.
      Protecting the public from flood risks, property damage and loss caused by encroachments within the floodplain
    2. B.
      Protecting, restoring and maintaining the chemical, physical, and biological integrity of the water within a stream
    3. C.
      Supporting water quality through the reduction of pollutants delivered from stormwater runoff from adjacent lands
    4. D.
      Accommodating space to allow natural meander and stream stabilization efforts when needed
    5. E.
      Aiding in the preservation of base flow conditions within the stream system by allowing infiltration to occur in adjacent lands
    6. F.
      Preserving sustainable, natural vegetation to support diverse riparian wildlife habitat and aquatic organisms
    7. G.
      Furnishing scenic value, recreational opportunity and providing property value enhancement.

    • Effective on: 5/1/2023

    183.02 OFFICIAL STREAM BUFFER MAP

  • 1.
    The location of Type 1, Type 2 and Type 3 Streams are indicated on the official stream buffer map of the City, which map is made a part of this Chapter and incorporated herein by this reference.
  • 2.
    The official stream buffer map shall be on file in the Office of the City Clerk of the City, and shall bear the signature of the Mayor attested by the City Clerk under the certification that this is the official map referred to in this title.
  • 3.
    The official stream buffer map has been produced with the best available data at the time of publication, however, where evidence indicates a stream has been altered or the presence of a stream not shown on the stream buffer map exists, the stream buffer map may be amended by resolution of the City Council.

    • Effective on: 5/1/2023

    183.03 APPLICABILITY

    This Chapter shall apply to any land development activity on property containing a Type 1, Type 2 or Type 3 Stream. A floodplain development permit issued by the City shall be secured prior to any land development activity on a property where a Type 1, Type 2 or Type 3 Stream exists and the floodway is identified. The following specific land development activities shall be exempt from obtaining a floodplain development permit and from the requirements of this Chapter:

    1. 1.
      Work consisting of the repair or maintenance of any existing condition or use of land that has been approved, is under construction or lawfully existed prior to the effective date of this chapter. This particular provision shall not be construed to permit the expansion or substantial improvement of any existing condition or use of land.
    2. 2.
      Construction and maintenance of public recreational use such as parks, shelters and trails, and access facilities such as docks, piers and boardwalks.
    3. 3.
      Construction and maintenance of streets and associated infrastructure within a public right-of-way.
    4. 4.
      Construction and maintenance of utility lines.
    5. 5.
      Construction and maintenance of driveways where intrusion into the buffer is the only option to provide access to the property.
    6. 6.
      Activities associated with the restoration or enhancement of streambanks, riparian vegetation, water quality and/or aquatic habitat.
    7. 7.
      Forestry and vegetation management activities associated with natural resource management plan in which less than 35 percent of the native vegetation is removed from the site.

    Effective on: 5/1/2023

    183.04 BUFFER REQUIREMENTS

  • 1.
    As identified below, a buffer shall be provided for every Type 1, Type 2 and Type 3 Stream. Any land development activity on a property containing a Type 1, Type 2 or Type 3 Stream shall meet the following requirements:
    1. A.
      Type 1 Stream Buffer
      1. 1.
        The required buffer for a Type 1 Stream shall be provided based on the area contained within the floodway plus 50 feet on each side of the floodway.
      2. 2.
        Land development activities in the Type 1 Stream Buffer shall be prohibited.
    2. B.
      Type 2 Stream Buffer
      1. 1.
        The required buffer for a Type 2 Stream shall be provided based on the stream belt width plus 50 feet from the top of each bank.
      2. 2.
        Land development activities shall be limited to the maximum extent practicable. When impracticable, land development activities may be permitted provided that the impact to the buffer zone is limited to the minimum amount necessary. In all cases, land development activities within the buffer zone shall be designed to maintain flood carrying capacity and ensure that impacted portions of the stream are stable following completion of the land development activities.
    3. C.
      Type 3 Stream Buffer
      1. 1.
        The required stream buffer for a Type 3 Stream shall be provided based on a parallel dimension 25 feet on each side of the stream channel centerline.
      2. 2.
        Land development activity is not recommended but may be permitted when the land development activities are designed to accommodate the fully developed drainage area within a stable conveyance system.
  • 2.
    These requirements are in addition to, and do not replace or supersede, any other applicable requirements established under local, State or Federal law and approval, exemption, or waiver from these requirements do not constitute approval, exemption, or waiver from any requirements established under any other applicable local, State, and Federal regulation.

    • Effective on: 5/1/2023

    183.05 WAIVERS

  • 1.
    Where a parcel was platted prior to the effective date of this article and unique circumstances such as the property’s shape, topography or other physical condition prevents land development activity from encroaching into the required buffer, the City Council may choose to waive the buffer requirements.
  • 2.
    In so granting the waiver, the City Council may require mitigation measures to offset the effects of the proposed land development activity on the property.

    • Effective on: 5/1/2023

    183.06 MAINTENANCE

  • 1.
    The City shall only be responsible for the management and maintenance of buffers located on City owned property. Management and maintenance of a buffer located on private property shall be the sole responsibility of the property owner.
  • 2.
    It shall be the property owner’s duty to ensure that the stream and stream buffer are maintained in conformance with the following requirements:
    1. A.
      The property owner shall periodically inspect and remove litter, yard waste or other accumulated debris that may have been deposited during high water events.
    2. B.
      The property owner shall maintain a mix of ground cover, shrubs and trees. Enhancement to poorly vegetated stream buffers shall be completed primarily with native vegetation.
    3. C.
      Buildings or structures that were permitted shall be maintained in good repair to prevent them from being transported during high water events.

    • Effective on: 5/1/2023

    183.07 INSPECTIONS

  • 1.
    The City may cause inspection of the land disturbing activities in the stream buffer to be made periodically during the course of the work.
  • 2.
    The City may conduct site visits at any time to determine compliance with the provisions of this chapter.
  • 3.
    In the event that a property is found not to be in compliance with this Chapter, the City will communicate in writing with the property owner a list of deficiencies that identifies the area or incident of noncompliance. The property owner shall have 14 days from the date of notice to provide a written response outlining the steps and implementation timelines for corrective action. The property owner shall have 30 days from the date of notice to complete corrective action necessary to bring the property back into compliance.
  • 4.
    Following the review of the property owner’s written response, if extenuating circumstances exist which makes implementation of the necessary corrective action difficult to complete within the specified time period, the City Council may grant, at its sole discretion, a reasonable extension of time to complete corrective action.
  • 5.
    Failure of the property owner to allow access to the property, provide a written response, or undertake corrective action shall constitute a violation of this Chapter.
  • 6.
    If the property owner fails to take corrective action, following notice prescribed for the service of civil process by the Iowa rules of civil procedures, the City may do so by its own crews or by persons under it hire and assess against the property owner the City’s cost therefor. Said costs shall include the salaries and benefits earned by City employees during such corrective action, a charge for City machinery used, and such other costs and expenses as the City actually incurred. To the extent allowed by Iowa law, such costs and expenses may be assessed against the property owner and collected in the same manner as a property tax.

    • Effective on: 5/1/2023

    183.08 RESPONSIBILITY

    The failure of city officials to observe or foresee hazardous or unsightly conditions, or to impose other or additional condition or restrictions, or to deny or revoke permits or approvals, or to stop work in violation of this Chapter shall not relieve the property owner of the consequences of their actions or inactions or result in the City, its officers, or agents being liable therefore or on account thereof. Notwithstanding any provision of this Chapter, every property owner bears final and complete responsibility for compliance with any other local, State or Federal law, statute or administrative rule or liability for any damage to any person, property, tributary or other waterbody.

    Effective on: 5/1/2023

    183.09 VIOLATION

    Violations of the provisions of the Chapter, or failure to comply with any of its requirements, shall constitute a municipal infraction as set forth in Chapter 3 of this Code. Each day that a violation occurs shall constitute a separate offence. In the event that the City seeks court intervention for a violation of any provision of this Chapter, the City may seek reimbursement for reasonable attorney fees and additional costs. Nothing herein contained shall prevent the City from taking such other lawful actions as necessary to prevent or remedy violations.

    Effective on: 5/1/2023