(a)

No structure shall be placed, and no land shall be excavated, filled or graded in any zoning district within a distance of 25 feet measured horizontally from the following surface waters except with approval of the development review board, subject to review under article VII of this chapter:

(1)

Top of slope, where the channel runs adjacent to a valley wall or high terrace, or top of the normal bank, where the channel has access to its floodplain, of any stream or watercourse shown on Flood Ready Vermont maps; or

(2)

The delineated boundary of a class 3 wetland, as shown on the natural resource map in the town plan and as defined under the state wetland rules.

(b)

Class 1 and 2 wetlands shall be regulated by the state wetland rules. Land within the riverfront protection overlay district must also comply with the provisions of that district. (See article II, division 2, subdivision XVII.)

(Ord. No. O-2019-2, § 4.21(A), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

It is the objective of this article to promote the establishment and protection of heavily vegetated areas of native or historically common non-invasive vegetation and trees along the town's waterbodies to reduce the impact of stormwater runoff, prevent soil erosion, protect wildlife and fish habitat, and maintain water quality.

(1)

Except as provided in subsection (2) of this section, all lands within a riparian buffer shall be left in an undisturbed, vegetated condition.

(2)

Removal of dead trees or trees of immediate threat to human safety as well as reasonable pruning of existing trees and the planting of trees or pollinator habitat according to an approved plan is permitted.

(3)

The creation of new lawn areas within riparian buffers is not permitted. Property owners already encroaching on the riparian buffer are encouraged to return mowed areas to their naturally vegetated state. Supplemental planting with appropriate native or historically common non-invasive vegetation to restore and enhance the effective filtering and bank stabilization functions of a riparian buffer is encouraged.

(4)

Any areas within a riparian buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, unless such would not be in accordance with a proposed and approved beautification project.

(Ord. No. O-2019-2, § 4.21(B), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The development review board may require, for review and approval, in addition to other required application materials, the submission of a buffer management plan describing the long-term management of land within required setback areas to protect surface water quality, fish and wildlife habitat, and stormwater management systems. It is understood that buffer management shall also take into consideration that the town places a high value on the human enjoyment of and ability to view, access, and utilize its river fronts and the lands along the same.

(Ord. No. O-2019-2, § 4.21(C), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Prior to granting such approval, the development review board shall find that the proposed construction, earth excavation, filling or grading, will not contribute to any impeded drainage, flood hazard, erosion silting, or other substantial adverse effect on natural conditions, or on fish or wildlife habitat, nor interfere with the present or planned stormwater drainage system of the town.

(Ord. No. O-2019-2, § 4.21(D), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The development review board may approve modification to the setback standards set forth in 24 V.S.A. § 4414(8) in accordance with article VII of this chapter, and after a determination that the proposed modification meets the following standards:

(1)

The proposed development is in the central business district. No buffer is required for properties that are already developed in this district; or

(2)

The proposed development is located within the residential commercial, high density, genal business, industrial, industrial/commercial or exit 7 districts and is a redevelopment project or located on a site of a size and shape that does not allow for the full buffer requirement or is part of a town-approved multi-use or pedestrian trail, path or walkway; and

(3)

Measures are undertaken to protect water quality, such as, but not limited to, the planting of shade trees adjacent to streambanks, establishing vegetated buffer areas along streambanks and within a minimum of 15 feet from the top of the bank (exempt in central business district), minimizing the use of impervious surfaces (paving and other development) except with regard to town-approved multi-use trails or paths, and/or implementing stormwater management provisions to collect and disperse stormwater away from the stream or river.

(Ord. No. O-2019-2, § 4.21(E), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

Required setback areas are to be maintained in a vegetated, undisturbed state, unless otherwise permitted by the development review board as part of an approved buffer management plan. The following structures or uses may also be allowed, subject to approval by the development review board, within setback areas required under this article:

(1)

Road, driveway and utility crossings;

(2)

Bank stabilization and restoration projects, in accordance with applicable state and federal regulations;

(3)

Stormwater management and flood control facilities, in accordance with applicable state and federal regulations;

(4)

Structures specifically intended to provide access to surface waters and wetlands (such as docks, boardwalks, or boat launches);

(5)

Town-approved multi-use or pedestrian trails, paths, or walkways; and

(6)

Projects part of a corrective action plan (CAP) approved by the EPA or the state agency of natural resources.

(Ord. No. O-2019-2, § 4.21(F), 9-23-2019; Ord. No. 2022-2, 10-24-2022)

The application for a proposed project which may impact a class 1 or 2 wetland, a designated floodplain area, or would impound or alter a stream watercourse shall be referred to the agency of natural resources, prior to review and approval by the development review board in accordance with article VII of this chapter. Notice for proposed watercourse alterations or relocations also shall be given to adjacent, upstream and downstream communities.

(Ord. No. O-2019-2, § 4.21(G), 9-23-2019; Ord. No. 2022-2, 10-24-2022)