(A) Open space uses that are passive in character shall be permitted in the SCPZ including, but not limited to, those listed in divisions (A)(1) through (3) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the SCPZ shall be preserved in its natural state.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, playground equipment, athletic fields, and wildlife viewing areas.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Re-vegetation and/or reforestation. The re-vegetation and/or reforestation of the SCPZ shall be allowed without approval of the City Engineer or designee.
(B) Projects involving public utilities, transportation infrastructure, stormwater management, stream bank stabilization, or other projects where an environmental and public benefit is provided (including excavation for providing compensatory floodplain volume immediately adjacent to the channel) may be permitted within the SCPZ once the design has been approved by the City Engineer and/or all other applicable review authorities.
(C) Disturbances within the SCPZ (including provision of compensatory floodplain storage adjacent to the stream) as a result of a permitted use must be mitigated through revegetation/reforestation.
(D) Crossings of streams and SCPZs for roadways shall be minimized. Crossings shall be approved at the discretion of the City Engineer if the applicant can demonstrate that alternative roadway locations are infeasible and that disturbances within the SCPZ will be minimized and mitigated.
(Ord. 48-05, passed 9-6-05)