(a) Riparian Setbacks. For the purposes of planning, “riparian setbacks” are defined as land adjacent to any creek, ditch, or streams of the State having a defined bed and bank that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this chapter. Within the City, along streams of the State, “riparian setbacks” are specifically defined as the land within 50 feet from top of bank of any major ditch, or stream of the State having a defined bed and bank. Within that 50 feet are two zones defined as follows:
(1) Zone 1 - This is the area defined as the first 20 feet from top of bank where there is no construction and no disturbance authorized.
(2) Zone 2 - This is the area defined as 20 feet from top of bank to 50 feet from top of bank where no permanent structures may be built and light grading can occur. It lies adjacent to Zone 1.
(b) Ditches.
(1) Major ditch (gable ditch, powdermaker ditch, and heider ditch as designated on the Storm Water Master Plan) - The land within the first 25 feet from top of bank or as designated by the Storm Water Program Manager, where the zones are as follows:
A. Zone 1 - This is the area defined as the first ten feet from top of bank where there is no construction and no disturbance is authorized.
A. Zone 2 - This is the area defined as the area starting at ten feet from top of bank and ending 25 feet from top of bank where no permanent structures may be built and only light grading is permitted with approval. It lies adjacent to Zone 1.
(2) Minor ditch (tributary to the major ditched identified above) - The land within the first 15 feet from top of bank or as designated by the Storm Water Program Manager, where the zones are as follows:
A. Zone 1 - This is the area defined as the first ten feet from top of bank where there is no construction and no disturbance authorized.
B. Zone 2 - This is the area defined as the area starting at ten feet from top of bank and ending 15 feet from top of bank where no permanent structures may be built and only light grading is permitted with approval. It lies adjacent to Zone 1.
(c) Swales. There are no riparian zones for swales. It is recommended to keep a minimum height of grass within a swale to be four inches.
(d) Ponds and Other BMP (Best Management Practices). The land within the first ten feet from the top of bank or as designated by the Storm Water Program Manager.
(e) Zone Maintenance.
(1) Zone 1 - it would be optimal for Zone 1 to be completely natural, but in areas adjacent to residential properties, the minimum height of the grass shall be four inches. The Storm Water Program Manager reserves the right to review the specific maintenance requirements within the designated Zone 1 areas. Designated maintenance requirements for each site shall be made a part of the covenants and restrictions for each project as approved by the Storm Water Program Manager.
(2) Zone 2 - Can be maintained per other City Property Maintenance Code requirements.
(f) Pre-existing Site Conditions.
(1) If a site does not comply with any of the provisions of this chapter prior to the passage of this chapter, it shall not be a violation of this chapter to maintain the site in its current condition. However:
A. If the existing structures/obstructions that currently cause the property to be in noncompliance are razed, then the site shall be required to conform to the provisions of this chapter with future improvements to the property.
B. No sites shall be exempt from maintaining the setbacks that were established by the final plat that was recorded at the time of development. Riparian setbacks established at the time of development shall govern.
C. Commercial and residential sites where ponds or other storm water control BMPs were constructed must be maintained by the current owner. The appropriate ponds and BMPs shall be maintained in all perpetuity by the property owner/HOA as they were intended for the purpose of the original design. Owners/HOAs that fail to maintain said BMPs shall be in violation of this code.
(2) Any re-development of an existing site shall require the new improvements to meet the requirements of Chapters 1058 and 1060 for improvements to the preexisting BMPs installed at said site.
(Ord. 89-2012. Passed 6-25-12; Ord. 25-2013. Passed 3-25-13.)