(A) No person shall be granted a permit for the construction of any structure or improvement, exclusive of bank stabilization structures or improvements, poles, and sign structures or improvements adjacent to any creek or stream unless such structure or improvement is located so that no portion thereof is any closer to the stream than will allow a maximum three-to-one slope between the waters edge of the stream and the closest point on the structure or improvement at grade, plus an additional 20 feet on each side of the creek or drainageway, to allow for maintenance to be performed. An easement should also be provided on each side of the creek or drainageway, to include the three-to-one slope and the additional 20 feet for maintenance.
(B) A property shall be exempt from the provisions of subsection (A) hereof upon a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure or improvement, having an estimated useful life equal to that of the structure or improvement, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure or improvement adjacent to the stream will be endangered by erosion or lack of lateral support. In the event that the structure or improvement is adjacent to any stream which has been channelized or otherwise improved by any agency of government, then such certification providing an exception to subsection (A) above may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency.
(Ord. 2953, § 1, passed 5-27-1997)