To permit better stream and pollution control, protect fish and wildlife areas and to preserve natural scenic amenities along Birch Creek, West Birch Creek and East Birch Creek, a special setback and development provision shall apply. Within a stream bank, no development shall occur between the ordinary high water mark. Additionally, no new development or structure shall be located within three feet vertical distance of the ordinary high water mark. For the purposes of this section, the ordinary high water mark shall be defined as that mark that will be found by examining the bed and banks of the stream and ascertaining where the presence and actions of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil any character distinct from that of the abutting upland, in respect to vegetation as that condition exists on the effective date of the ordinance codified in this title or as it may naturally change thereafter. If no ordinary high water mark can be found, the ordinary high water mark shall be the line of mean high water as evidenced by historical data on high water.
(Ord. 514 § 3.96, 2001; amended during 2011 codification)