The standards contained in this article govern the use and alteration of land within a specified distance of the Rabbit River, in order to accomplish the following objectives:

(1)

Implement the water quality protection, environmental protection and rural character protection goals and policies of the city's future land use plan.

(2)

Achieve the city's resource protection and community character goals in a manner that is reasonable and sensitive to local conditions and concerns of property owners.

(3)

Protect water quality and habitat quality in the Rabbit River and thereby protect the public health, safety and general welfare, by encouraging filtering of storm water runoff through natural vegetative buffers along river corridor, and by encouraging and protecting vegetative cover along the river banks to shade the river, thereby maintaining lower water temperatures and high-quality river habitat.

(4)

Maintain the integrity and stability of river banks and protect river banks against erosion, by providing for effective vegetative buffers adjacent to the river corridor, and by prohibiting excavation, vegetative clearing and building activities within a specified distance from the river banks.

(5)

Protect the natural character and appearance of the river corridor, which contributes to the valued natural character of the community, its quality of life and its property values.

(6)

Permit and encourage property owners to enhance native vegetation along river corridor within the city.

(Ord. No. 205, § 1, 5-15-06)

(a)

Applicability. Except as provided in subsection (2) below the standards contained in this section shall be applicable to all land in the city which is located within specified distances adjacent to the Rabbit River identified on the map titled "Riparian Areas Protection Overlay Map," and the official zoning map of the city which are attached to the ordinance from which this article is derived and made a part of this article, and copies of which are on file in the office of the city clerk.

(b)

Exemptions. The development standards of this article as specifically contained in sections 20-520.1 and 20-520.2 shall not be applicable to:

(1)

Any lot within a subdivision which was a platted subdivision of record within the city on or before June 5, 2006.

(2)

Agricultural operations that are conducted in conformance with the best management practices (BMPs) as defined and prescribed by the state department of agriculture under Michigan Right to Farm Act, Public Act 93 of 1981, as amended.

(3)

Forestry operations that are conducted in conformance with generally accepted forestry management practices (GAFMPa) as defined and prescribed by the state department of natural resources under the Right to Forest Act, Public Act 676 of 2002. The following practices shall not be considered exempt by this ordinance and shall be prohibited within the riparian areas protection zone and unless the activity is specifically addressed by guidelines within a forest management plan prepared by a forestry professional and/or the activity is a GAFMP officially recognized by the MDNR and approved by natural resources commission of the state:

a.

Cutting stream bank trees.

b.

Unnecessary access roads and skid trails.

c.

Cording and sacking of wood.

d.

Excessive soil compaction and rutting by tree harvesting equipment.

e.

Removal of ground cover or under story vegetation.

f.

Felling trees into the streambed or leaving logging debris in the stream.

g.

Servicing or refueling equipment.

h.

Mechanical site preparation and site preparation burning.

i.

Mechanical tree planting.

j.

Broadcast application of pesticides or fertilizers.

k.

Handling, mixing, or storing toxic or hazardous materials (fuels, lubricants, solvents, pesticides, or fertilizers).

(4)

All activities that are authorized in a permit issued by the state DEQ pursuant to parts 31, 301, 303 or 315 of the Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended.

(c)

Administrative action. The decision on any application for a zoning approval or a permit for an activity on property subject to the riparian area protection standards of this article shall be made by the zoning administrator.

(Ord. No. 205, § 1, 5-15-06)

(a)

Definition and intent. The land area subject to the riparian area overlay protection standards of this section shall be comprised of two (2) subarea zones. The definitions and intended purposes of each of these subareas are as follow:

(1)

Natural vegetation zone. The natural vegetation zone includes all lands located within thirty-five (35) feet of the ordinary high water mark of the river. The natural vegetation zone is intended to provide a functional vegetative corridor along the edge of a river, to protect the water quality, animal habitat and aesthetic values of the river by minimizing erosion, stabilizing the bank, minimizing nutrient flows into the water, shading the water to maintain low water temperatures, and screening man-made structures.

(2)

Transition zone. The "transition zone," extends for width of fifteen (15) feet beyond the edge of the natural vegetation zone. The transition zone is intended to provide distance between upland development and the natural vegetation zone where some restriction remains necessary to protect water quality, habitat and integrity of the adjacent stream.

(b)

Delineation of sub-area zones. The limits of the "natural vegetation zone" as used and defined in this article shall be accurately shown on all site plans, land division plans, subdivision plans (plats), site condominium plans, plans for planned unit developments, and all applications for building permits submitted for review by the city. Any such plans for sites on which is located any protected riparian area subject to these regulations shall include the following statement: "There shall be no clearing, grading, earth change, placement of fill, construction or disturbance of vegetation within the area labeled as being subject to the riparian area protection standards of the City of Wayland zoning regulations, except as permitted by Article XVIC thereof."

(Ord. No. 205, § 1, 5-15-06)

Land located within the natural vegetation zone shall be subject to the following development standards:

(1)

No dwelling unit or other principal building and no accessory building may be constructed within the natural vegetation zone. The following structures may be permitted:

a.

Flood control or bank protection structures permitted or constructed by authorized state or federal agencies.

b.

Pedestrian or vehicular bridges when designed and constructed in a manner that minimizes impact on the river.

c.

Boardwalk access to wetlands constructed in accordance with a permit issued by the state department of environmental quality.

d.

One (1) pump house per lot housing a pump used for irrigation when located at least fifteen (15) feet landward from the high water mark, having ground coverage of not more than nine (9) square feet.

e.

Not more than one fishing pier or boat dock per lot or building site, not exceeding ten (10) feet in width and ten (10) feet in length, projecting no more than six (6) feet over the water as measured from the waters edge, unless otherwise regulated by this ordinance or other local or state statute.

(2)

On-site sanitary waste treatment systems are prohibited within the natural vegetation zone

(3)

The area within the natural vegetation zone shall be kept in a predominantly natural condition. Clearing or removal of existing trees shrubs and groundcover shall be limited to the following:

a.

Removal of isolated diseased or dead trees and damaged trees that are in an unstable condition and that pose a safety hazard. The stumps and root structures of removed trees shall be left in place.

b.

Removal of noxious plants and shrubs, including poison ivy, poison sumac and poison oak and other plants regarded as common nuisance in section 2, Public Act 359 of 1941 as amended and species that are recognized as highly invasive, as contained on a "List of Invasive Species" maintained on file in the office of the city clerk. (Note: This list will be initially prepared and periodically updated with the help of DEQ and Allegan County conservation district.)

c.

Planting of native species that are contained on a "List of Native Species" maintained on file in the office of the city clerk is permitted. (Note: This list will be initially prepared and periodically updated with the help of DEQ and Allegan County conservation district.)

d.

Limited removal of vegetation in order to provide a filtered view of the river from adjacent property and to provide reasonable private access to the river. The term "filtered view" connotes the maintenance or establishment of woody vegetation of sufficient density to screen the river from adjacent property, to provide for bank stabilization and erosion control and to serve as an aid to infiltration of surface runoff. The vegetation need not be so dense as to completely block the view of the river. To that end the following standards shall apply:

1.

Sufficient live root system and vegetation must be retained to provide for bank stabilization and erosion control, to encourage infiltration of runoff, and to provide shading of the water surface.

2.

Existing vegetation between a height of three (3) feet above the ground and the ground surface shall remain undisturbed and in a natural condition except as otherwise provided for herein.

3.

Select pruning and removal of vegetation above a height of three (3) feet shall be permitted to harvest merchantable timber.

4.

Existing vegetation may be removed and/or managed, including maintaining a turf lawn, in an area with a maximum width of fifteen (15) feet to and ten (10) feet along one (1) or both sides of the river. Within this corridor a paved or unpaved trail or path with a maximum width of nine (9) feet is permitted.

5.

Clearing that is required to construct the exempt structures permitted in subsection 20-520.1(1) above, is permitted.

(4)

Prohibited activities. The following activities are prohibited in the natural vegetation zone:

a.

Storage of motorized vehicles or petroleum products.

b.

Storage or use of toxic or hazardous materials.

c.

Storage of herbicides or pesticides.

d.

Storage and use of fertilizer.

e.

Placement of fill or dumping of any refuse.

f.

Concentrated drainage flow by ditches, under drains or other similar systems.

g.

Topsoil, sand and gravel extraction.

(Ord. No. 205, § 1, 5-15-06)

Land located within the transition zone shall be subject to the following development standards and restrictions:

(1)

No dwelling unit or other principal building and no accessory building may be constructed within the transition zone. The following structures may be permitted:

a.

Flood control structures constructed by authorized state or federal agencies.

b.

Pedestrian or vehicular bridges, when deemed necessary and designed and constructed in a manner that minimizes impact on the river.

c.

One (1) viewing platform deck or gazebo on each premise with maximum ground coverage of two hundred (200) square feet.

d.

One (1) pump house per lot housing a pump used for irrigation having ground coverage of not more than nine (9) square feet.

(2)

On-site sanitary waste treatment systems are prohibited within the transition zone.

(3)

Except for public or private access and recreational trails not exceeding nine (9) feet in width, the construction of impermeable surfaces such as paved driveways, paved parking areas, tennis courts and other similar surfaces is prohibited in the transition zone.

(4)

Vegetation within the transition zone may be altered and managed in a manner customary for the uses permitted in the zoning district applicable to the subject property.

(Ord. No. 205, § 1, 5-15-06)

Within all underlying zoning districts the minimum lot width and depth for all lots with any part located within this riparian area protection overlay and created after the effective date of this section shall be increased as follows:

(1)

Minimum lot width: One hundred sixty five (165) feet.

(2)

Minimum lot depth: The minimum lot depth shall be sufficient to accommodate all setbacks and yard requirements of this overlay zone and the underlying district, and shall not have a width to, depth ratio of more than one (1) to four (4).

(3)

Minimum principal structure setback: No principal structure shall be erected closer than one hundred (100) feet from the high water mark of the river except on non-conforming lots of record or where there are steep banks.

a.

Non-conforming lots of record. A principal structure on a lot of record existing on the effective date of this article that is non-conforming by reason of width or depth may be sited closer to the river than the required setback line, only if after review by the zoning board of appeals it is found that:

1.

The lot could not be developed in conformance with the requirements of this section;

2.

The proposal for use will place the principal, structure in a location as nearly in conformance with the setback requirements of both this article and the underlying zoning district as possible; and

3.

Such location does not result in placement within the flood plain or a wetland without appropriate approvals by the state DEQ.

The board of appeals may attach reasonable conditions to its approval.

b.

Principal structure exception for steep banks. Where there is a steep bank, a principal structure may be constructed closer to the river according to the following schedule:

Where the bank height, at the bluff, is: (a) is measured in vertical feet from the high water mark, the principal structure may locate no closer than (b) horizontal feet from the bluff or the high water mark, whichever is greater.

(Ord. No. 205, § 1, 5-15-06)