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(a) Ditches (as shown on the Master River and Ditch Location Map kept on file at City Hall).
(1) Major ditch. The land within the first ten feet from top of bank or as designated by the City Engineer, where the zones are as follows:
A. Zone 1: This is the area defined as the first five feet from top of bank where there is no construction and no disturbance is authorized.
B. Zone 2: This is the area defined as the area starting at five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(2) Minor ditch. Only minor ditches that directly flow into a major ditch, creek, or stream of the State are subjected to Section 1050.08
(b)(2); otherwise there is no riparian setback for a minor ditch. The land within the first ten feet from top of bank or as designated by the City Engineer, where the zones are as follows:
A. Zone 1: This is the area defined as the first five 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 five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(b) Ponds and other BMPs (Best Management Practices). The land within the first ten feet from the top of bank, or as designated by the City Engineer, where the zones are as follows:
(1) Zone 1: This is the area defined as the first five feet from top of bank where there is no construction and no disturbance is authorized.
(2) Zone 2: This is the area defined as the area starting at five feet from top of bank and ending ten feet from top of bank where no permanent structures may be built and only light grading is permitted with approval from the City Engineer. It lies adjacent to Zone 1.
(c) 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.
(2) Zone 2. Can be maintained per other City Code.
(d) Exceptions.
(1) The requirements of this section may be relaxed at the discretion of the City Engineer if the property owner/developer can demonstrate that the fundamental nature of this section is met by other means or methods.
(e) Appeals.
(Ord. 75-15. Passed 7-13-15.)
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(Ord. 75-15. Passed 7-13-15.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than 60 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City.
(Ord. 75-15. Passed 7-13-15.)
