A. Applicability:
1. All land within five hundred feet (500') of the high water mark of Fernan Lake, as defined in section 17.08.940 of this chapter, shall be subject to the following additional requirements.
2. The Fernan watershed management plan, plan goals and action plan shall be used as a guide for decision making in the implementation of the increased standards delineated in this section.
B. Hydrology Report:
1. In addition to the geotechnical study required under section 17.08.915 of this chapter, a hydrology inventory and report from a professional hydrologist shall be required. The report shall be submitted to city in conjunction with the application. This report must include location of surface and underground springs, both intermittent and permanent, surface water disposal and placement of storm water management areas. The report must also provide recommendations for mitigating any adverse impacts of the development on surface and ground water. The recommendations of the professional hydrologist shall be provided to the geotechnical engineer preparing the report required under section 17.08.915 of this chapter for incorporation into the site design of the project.
C. Development Standards:
1. No public or private roads, driveways or rights of way shall be constructed or dedicated within seventy five feet (75') of the high water mark of Fernan Lake as defined in section 17.08.940 of this chapter. Provided however that the requirements of this subsection shall not apply to construction that is necessary to replace or maintain existing public streets.
2. Construction within seventy five feet (75') of the high water mark shall be prohibited except for walkways, stairs, stairway landings and trams. No heavy construction equipment, such as backhoes, graders and dump trucks shall be used within the seventy five foot (75') buffer area. Nature trails, walkways and stairs shall not exceed six feet (6') in width. Thinning of vegetation to allow for nature trails, walkways and stairs are limited to a total width of ten feet (10'). Provided however that the requirements of this subsection shall not apply to construction that is necessary to replace or maintain existing public services such as streets, sidewalks, parking lots, streetlights, fire hydrants and underground utilities.
3. There shall be no manmade development including structures, utility lines, roads or driveways on actual slopes of thirty five percent (35%) or greater. Provided however that properties that are directly accessed from a public right of way, constructed and existing on or before the effective date of this section, that is more than two hundred feet (200') from the high water mark of Fernan Lake, shall be exempt from the provisions of this subsection if:
a. All structures on the subject property are built within seventy five feet (75') from the property line adjacent to the public right of way. (Ord. 3207 §2, 2005: Ord. 3160 §5, 2003)