14-804. Buffer zone management and maintenance requirements.
   The following requirements shall apply for the management and maintenance of riparian buffer zones:
      A.   The riparian buffer zone shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices or activities are not allowed within the buffer zone:
         1.   Soil disturbance by grading, stripping or other practices.
         2.   Filling or dumping.
         3.   Use, storage or application of herbicides, except for spot spraying of noxious weeds or non-native species.
         4.   Storage or operation of motorized vehicles, except for maintenance and emergency use approved by the Public Works Department.
      EXCLUSION: Any project that has received a state or federal permit (including but not limited to Aquatic Resource Alteration Permits (ARAP), 401 or 404 permits) will be excluded from those requirements of this policy that are superceded by requirements of the state or federal permits.
      B.   The following structures, practices, and activities are permitted in the buffer zone, with specific design or maintenance features, subject to the review of the Public Works Department.
         1.   Individual trees within the buffer zone may be removed which are in danger of falling, causing damage to dwellings or other structures, or causing blockages in the stream.
         2.   Roads, bridges, paths and utilities:
            a.   The right-of-way should be the minimum width needed to allow for maintenance access and installation.
            b.   The angle of the crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements.
            c.   A minimum number of road crossings should be used within each subdivision, and no more than one stream crossing is allowed for every 1000 feet of buffer.
         3.   Stormwater management:
            a.   In new development, on-site and non-structural alternatives will be preferred over larger facilities within the stream buffer. When constructing stormwater management facilities (i.e. BMPs), the area cleared will be limited to the area required for construction and adequate maintenance access, as outlined in the Tennessee Erosion and Sediment Control Handbook.
            b.   Material dredged or otherwise removed from a BMP shall be stored outside the buffer.
         4.   Stream restoration projects, facilities and activities approved by Public Works are permitted within the riparian buffer zone.
         5.   Water quality monitoring and stream gauging are permitted within the stream buffer zone, as approved by the Public Works Department.
(as added by Ord. #08-01-02, Feb. 2008, and amended by Ord. #015-01-01, February 2015)