(A) Limits of Disturbance
This Section is provided for informational purposes as a general guideline about where land disturbing activities should or should not take place on a development site. On all development sites subject to this chapter, the following areas shall generally be considered to be off-limits to development or land-disturbing activities, unless otherwise specified in this Ordinance:
(1) The Flood Hazard Area;
(2) Required streetscape areas as measured from the ultimate right-of-way;
(3) Undisturbed perimeter buffers, including the Thoroughfare Overlay;
(4) Zones 1, 2, and 3 of all UTBs;
(5) Wetlands under the jurisdiction of the Army Corps of Engineers unless otherwise permitted by this agency;
(6) Conservation easements;
(7) Preservation areas required by applicable conditional use zoning conditions;
(8) Champion trees and required protection areas associated with such trees (e.g. root zone); and
(9) Any other areas indicated for protection by the Planning Director.
(B) Limited Disturbance or Construction Outside Limits of Disturbance
In some cases, limited disturbance or land disturbing activities may occur within the areas to be protected provided all necessary approvals are obtained. Such activities include, but are not limited to the following:
(1) Mitigation of development activities;
(2) Restoration of previously disturbed or degraded areas;
(3) Personal gardens not operated on a for-profit basis and maintained by individual homeowners;
(4) Utility installations and emergency public safety activities;
(5) Construction of a trail or pedestrian walkway that will provide public access;
(6) The enhancement of the habitat values and/or other natural resource values of an identified natural area;
(7) Landscaping according to an approved landscaping plan; and
(8) Construction of public transit amenities, as required by Section 7.10.6 of this Ordinance.
(Ord. No. 2007-04, 3-22-07; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 2012-LDO-06, 8-9-12; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-01, 1-13-22)