A.

The intent of these provisions is to provide and encourage measures of protection to those properties identified as critical and sensitive areas (CSA) on the 2030 Land Resource Management Plan. This Article creates a process through which the County can comply with the 2030 Land Resource Management Plan's pledge to support smart growth and development while protecting environmentally sensitive resources within Winnebago. The goals of the 2030 Land Use Plan furthered by this Article include the need to:

1.

Protect, conserve, and enhance natural resources within and adjacent to the Winnebago County region for the community's long-term environmental and economic benefit.

2.

Identify sensitive environmental areas and prioritize their inclusion in a regional open space system.

B.

Critical sensitive areas are identified to:

1.

Protect, conserve and enhance the County's natural resources including the County's inventoried and identified native prairies, forests, woodlands, sensitive geological and hydrological features, wetlands, riparian (river and stream) corridors, wildlife corridors and other sensitive natural features.

2.

Promote open space, including an interconnected system of trails for people and corridors for wildlife where appropriate and feasible.

3.

Provide for the orderly growth and development of the County including commercial, industrial and residential areas.

4.

Promote flexible site planning.

5.

Promote protection of steep slopes and sensitive soils.

6.

Reduce soil and nutrient loss by slowing surface runoff.

7.

Maintain the quality of water by reducing erosion and minimizing siltation.

8.

Provide a buffer to reduce sedimentation and nutrient pollution of streams and rivers from non-point sources.

9.

Help moderate floods by establishing vegetation that will absorb some of the water's energy, thereby slowing the flow of floodwaters.

10.

Protect wetlands.

11.

Provide critical habitat for wildlife.

12.

Provide wildlife corridors to connect natural areas that would otherwise be isolated.

13.

Shade streams in order to help provide spawning sites for fish and other aquatic animals.

A.

Critical and sensitive areas (CSA) are areas that contain native vegetation and natural features and/or natural resources. CSA contain natural communities, i.e., naturally-occurring associations of plants and animals whose existence and extent are determined by factors such as soil composition, hydrology, climate, solar conditions and a site's unique history. Natural communities are named for the dominant plant species within them or for characteristic environmental features. CSA may also contain and provide habitat for rare species or protect natural resources of concern. CSA are susceptible in that further fragmentation, disturbance and development will adversely affect and may destroy the natural processes operating within them, as well as the composition, structure and function of the natural communities they contain.

B.

This Ordinance requires that all future development occurring in areas identified as critical and sensitive areas in the 2030 Land Resource Management Plan be guided by a concern to preserve Winnebago County's green infrastructure by protecting, conserving, restoring and properly managing such resources. To accomplish this goal, this Ordinance creates a process to aid, support and promote development that achieves these environmental goals. This process will:

1.

Refer to the 2030 Land Resource Management Plan that identifies and prioritizes critical and sensitive areas.

2.

Aid developers in the creation of their development plans.

3.

Aid County staff, the Zoning Board of Appeals, Zoning Committee, and County Board in their assessment of development plans in critical sensitive areas.

4.

Provide flexibility in the planning process when needed to balance environmental and development goals.

C.

When applicable per Section 12.3.3, the subdivision plat and site plan review process will be used to determine compliance with the requirements of this Article.

12.3.1 Designation.

A.

Areas designated as critical and sensitive areas in the 2030 Land Resource Management Plan are subject to the requirements of this Article or in the event the County Board formally adopts or supports a version of the Boone and Winnebago Greenways Plan and Map dated after the creation date of the CSA layer/areas on the Plan, the CSA layer/areas illustrated thereon shall supersede the Plan's CSA layer/areas and be subject to the requirements of this Article.

B.

An applicant may object to the designation of land as laying within a CSA by demonstrating, through the submittal of expert evaluations including, but not limited to, ecologist reports, to the County Board, that the land does not have the characteristics of a critical and sensitive area, as described in the 2030 Land Resource Management Plan and this Article. If the County Board concurs with the evaluations submitted by the applicant, the provisions of this article do not apply to the site.

12.3.2 Location.

A.

Preliminary determination of the location of a CSA will be made by the Planning and Zoning Officer using the maps identified in this section and the criteria of this Article.

B.

The County may use other pertinent reference maps, reports and documents in dealing with property that contains a CSA. The use of other resources is only for reference.

C.

Final determination of the specific boundaries of a CSA will be made by the Planning and Zoning Officer where the specific boundaries are unclear.

12.3.3 Activities Subject to this Article.

A.

As of the effective date of this Ordinance, the following activities within a CSA are subject to this Article unless exempted under Paragraph B below.

1.

Major subdivisions of land, including any new construction or additions on land within the subdivision that is subject to this article.

2.

The following land alterations: clear cutting, fills and excavations, grading, and modification of drainage patterns or other alterations having a negative impact on the viability or survival of the CSA.

B.

The following activities within a CSA are exempt from the regulations of this Article.

1.

Any property regulated by the FP Overlay District.

2.

Property that has received preliminary or final plat approval prior to the effective date of this Ordinance.

3.

Building projects for which a valid building permit exists that was issued prior to the effective date of this Ordinance.

4.

Stormwater retention, groundwater recharge and discharge, groundwater monitoring, water purification, nutrient retention and removal, and pollution control facilities that have been approved for installation by county, state and/or federal regulatory agencies.

5.

Customary dredging and channel maintenance of existing drainage facilities. This includes vegetative maintenance for access and stormwater/flood control purposes within and adjacent to drainage ways.

6.

Temporary emergency procedures necessary for the safety or protection of property.

7.

Ongoing customary agricultural operations.

8.

Structures existing prior to the effective date of this Ordinance.

A.

Development within a CSA shall comply with the following:

1.

Maximize the protection of the CSA.

2.

Maintain viable riparian and wildlife corridors, rare species, and connections between CSA.

3.

Keep undeveloped CSA large enough to maximize sustainability and minimize fragmentation.

4.

Maintain adequate buffers where needed.

5.

Minimize adverse construction impacts on the CSA.

B.

Conservation design (Article 13) is encouraged where a development site contains a CSA. The portion of the site where the CSA, inclusive of the required buffer, is located shall be on unsubdivided land (i.e. on an open space outlot), unless there is an extenuating situation approved by the County Board.

12.5.1 General Requirements. Where this Ordinance requires a buffer yard along which a CSA requires a buffer, the landscape standards buffer yard requirement is eliminated in favor of the required CSA buffer. For new major subdivision plats, the CSA, inclusive of the required buffer, shall be on unsubdivided land (i.e. on an open space outlot), unless there is an extenuating situation approved by the County Board.

12.5.2 Riparian Buffers. The following requirements apply to all proposed developments or lots that are contiguous with or contain a water resource.

A.

General Requirements.

1.

A riparian buffer plan shall be prepared by an arborist certified by the International Society of Arboriculture, a forester certified by the Society of American Foresters, or a landscape architect registered with the State and shall include a long-term maintenance plan.

2.

The riparian buffer shall be fitted to the topography and soil to create the least potential for vegetation loss and site disturbance. Protection of tree crowns and root zones within the drip line shall be required for all trees planned for retention.

3.

All newly planted vegetation within the riparian buffer shall be species native to the County or of species otherwise approved by the Planning and Zoning Officer.

4.

Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. New plantings shall be given sufficient water and protection to ensure establishment. Where a water resource is contained within a property to be developed, the riparian buffer shall extend along both sides of the water resource.

5.

The riparian buffer width shall be adjusted to include contiguous sensitive areas such as steep slopes or erodible soils, where development may impact the water quality of the water resource.

6.

No development is permitted in any riparian buffer.

B.

Riparian Buffer Graduated Zones.

1.

General Description. A riparian buffer is generally composed of three (3) distinct zones unless it is determined, based on riparian buffer function and site characteristics, that only one (1) or two (2) zones are necessary. Each riparian buffer zone shall have its own set of vegetative targets.

2.

Definition of Priority Areas Within Riparian Buffers. Riparian buffers and graduated zones are defined by priority sites as follows:

a.

Priority 1: Consists of major drainage ways and bodies of water that are to be given highest priority for protection.

b.

Priority 2: Consists of major collectors, continually flowing drainways to Priority 1 water bodies, and may include small lakes, to be given second highest priority for protection.

c.

Priority 3: Consists of minor drainways and may include tertiary waterways with intermittent flow.

3.

Zone 1—Streamside Zone. The function of the streamside zone is to protect the physical and ecological integrity of the ecosystem, especially stream bank and riverbank stabilization. This zone is closest to the stream or river.

a.

The width of the riparian buffer shall be measured perpendicular to the adjoining bank. The minimum width of Riparian Buffer Zone 1 shall be:

i.

Priority 1: One hundred (100) feet.

ii.

Priority 2: Seventy-five (75) feet.

iii.

Priority 3: Fifty (50) feet.

b.

The mature vegetative cover of Riparian Buffer Zone 1 should consist of undisturbed vegetation. Only water-tolerant species native to the County should be planted in Zone 1 if no existing vegetation is present.

4.

Zone 2—Middle Zone. The function of the middle zone is to protect key components of the stream or river, and to allow soil particles to trap nitrogen and phosphorus. This zone is adjacent to Zone 1.

a.

The width of the riparian buffer shall be measured perpendicular to Riparian Buffer Zone 1. The minimum width of Riparian Buffer Zone 2 shall be:

i.

Priority 1: Fifty (50) feet.

ii.

Priority 2: Fifty (50) feet.

iii.

Priority 3: Thirty-five (35) feet.

b.

The mature vegetative cover of Riparian Buffer Zone 2 should consist of native, lower story and edge vegetation. Only species native to the County should be planted in Riparian Buffer Zone 2 if no existing vegetation is present.

5.

Zone 3—Outer Zone. The function of the outer zone is to prevent development encroachment into Riparian Buffer Zones 1 and 2 of the riparian buffer, and to filter runoff. This sedge, forbs-covered and grass zone serves to "feather" surface water flow by increasing infiltration and water storage, and absorbing nutrients. This zone is adjacent to Riparian Buffer Zone 1 or Riparian Buffer Zone 2.

a.

The width shall be established to ensure the restoration or protection of Riparian Buffer Zone 1 and/or Riparian Buffer Zone 2. The minimum width of Riparian Buffer Zone 3 shall be:

i.

Priority 1: Fifty (50) feet.

ii.

Priority 2: Twenty-five (25) feet.

iii.

Priority 3: Twenty (20) feet.

b.

The mature vegetative target for Riparian Buffer Zone 3 should be grasses, sedges, and forbs native to Winnebago County that perform phytofiltration.

6.

Open Space Standards. One-hundred percent (100%) of the area of riparian buffers that meet these requirements shall count toward any minimum open space requirements for the project site. These areas shall be undivided in new major subdivision plats, unless a unique situation is presented which makes the requirements impossible to achieve in the view of the County Board.

7.

Stormwater Management Standards.

a.

Stormwater drainage shall outlet no closer to the stream or river than the outer edge of Riparian Buffer Zone 3 of any riparian buffer. Outlets shall be designed to prevent damage to the riparian buffer by slowing and distributing the discharge in a manner sufficient to ensure that Riparian Buffer Zone 3 will be able to protect Riparian Buffer Zone 1 and Zone 2 without suffering significant damage itself.

b.

Where the access easement for a regulated drain overlaps the riparian buffer, the riparian buffer plan shall also be subject to review and approval by the County Engineer.

12.5.3 Significant Wildlife Habitat and Wetland Buffers.

A.

Definition of Significant Wildlife Habitat and Wetlands. Significant wildlife habitat and wetlands enrolled in the wetland reserve program are identified on the Natural Resources Inventory and contain native vegetation and significant natural resources, such as woodlands, steep slopes, hydric soils, and floral and wildlife habitats designated in the National Resources Inventory.

B.

Buffer. The size of the buffer shall be a minimum of seventy-five (75) feet, necessary to prevent significant adverse effects on the protected significant wildlife habitat and wetlands. This buffer shall be located on unsubdivided land (i.e. on an open space outlot) where possible, if subdivided, unless there is an extenuating situation approved by the County Board.

C.

Standards. In order to provide maximum flexibility, no fixed standards shall apply. In evaluating each individual proposal, Planning and Zoning Officer and County Engineer shall encourage development that preserves and enhances the natural characteristics and valuable natural resources of a site. Modifications of areas are permissible if the modifications are for walkways, piers, shelters, necessary drainage features or other like occurrences.

D.

Prohibited and Permitted Activities.

1.

No removal, filling, dredging, building upon, degrading, discharging into, or otherwise altering the protected wetland and buffer area is permitted except as follows.

2.

Permitted activities, with approval of County Engineer, within the buffer:

a.

Limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, park shelters or similar structures

b.

Land surface modification for the development of stormwater drainage swales between the developed area of the site (including a stormwater detention facility on the site) and a stream, lake or pond, or wetland

c.

Installing piers for the limited development of walkways and observation decks, subject to mitigation by an equal area of wetland habitat improvement, and

d.

Modification of degraded wetlands for purposes of stormwater management where the quality of the wetland is improved and total wetland acreage is preserved. Where such modification is permitted, wetlands shall be protected from the effects of increased stormwater runoff by measures such as detention or sedimentation basins, vegetated swales and buffer strips, the use of semi-pervious surfaces, and sediment and erosion control measures on adjacent developments. The direct entry of storm sewers into wetlands is prohibited.

3.

In addition, any use or activity proposed within one-hundred (100) feet of a wetland shall be reviewed administratively by the County Engineer for compliance with the following performance standards:

a.

That no significant impact on the aquatic habitat of rare or endangered species, as listed by the State of Illinois or the Federal government, will result.

b.

That the filtration of stormwater run-off is adequately provided for and controlled both during and after construction.

c.

That the topography required regarding the subject property accounts for, and adequately reflects, the proximity of a nearby wetland area.

d.

All landscape requirements and maintenance regiments for a project will ensure that fertilizer and chemical run-off shall not enter the wetland.

e.

Any wetland area utilized for water run-off shall demonstrate that excess flow on wetlands shall not cause excessive ponding and retention, thereby causing environmental damage to existing flora.

f.

Where land is proposed to be subdivided, the applicant shall demonstrate that there is adequate non-wetland area to contain all proposed uses, structures, and utilities in accordance with these regulations.

As part of subdivision or site plan review submittal, the applicant must provide a Natural Resource Management Plan to describe how the development will protect the composition, structure and function of the natural communities and wildlife habitat within the CSA to be protected within the project. This plan must outline specific management and protection measures the CSA and required buffers. Part of the Natural Resource Management Plan must include a landscape plan that indicates where the required buffers are located.