(A) Purpose. The intent of this section is to prevent harm to the human and natural environment from water pollution, increased flooding and loss of ground water supply that may result when natural wetlands are drained, filled or otherwise subjected to uses incompatible with public health, safety and welfare. This purpose is consistent with the Comprehensive Plan of the city. The provisions of this section are intended to achieve this purpose by:
(1) Providing a method of identifying wetlands within the planning and zoning jurisdictions of the city;
(2) Establishing regulations that permit reasonable economic use of wetlands consistent with sound wetland conservation practices;
(3) Guiding development adjacent to wetlands to prevent harm to wetlands and protect property from potential flood damage; and
(4) Establishing procedures to assure compliance with the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq., as amended) and with state regulations that may affect wetlands.
(B) Definitions. Words or terms used in this section should be interpreted by their common-sense meanings unless more specifically defined otherwise. The definitions and rules of construction that apply to the other parts of the zoning ordinance shall apply to this section unless a different definition or rule is provided for in this division.
ADVERSE IMPACT. Anything that would destroy, harm, impair, diminish or degrade the value or utility of a wetland for pollution control, flood preservation, ground water recharge or habitat for fish and wildlife.
FILL MATERIAL. Any solid material that displaces water or reduces water holding capacity.
HYDROPHYTIC VEGETATION. Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Plant species of this type are listed in: P.B. Reed, Jr., National List of Plant Species that Occur in Wetlands (North Central - Region 3), Biological Report 88 (24) Washington, D.C.: U.S. Fish and Wildlife Services, 1988.
NATIONAL WETLANDS INVENTORY (NWI). A series of maps produced by the U.S. Fish and Wildlife Services showing the location and classification of wetlands in standard topographic areas. Such maps, as amended, are hereby incorporated into this chapter by reference.
NATURAL WATER STORAGE CAPACITY. The maximum volume of water a wetland can contain up to its ordinary high water mark without alterations to its natural grade or contour.
ORDINARY HIGH WATER MARK. A mark delineating permanent or periodic inundation or prolonged soil saturation sufficient to support hydrophytic vegetation. In general terms, it indicates the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape.
PERIODIC MAINTENANCE. Ordinary inspection and repair of facilities accessory to use of a wetland. This includes erosion control and removal of silt and non-hydrophytic vegetation in ways that do not substantially disturb hydrophytic plant and animal life. PERIODIC MAINTENANCE does not include any modification of a wetland’s contour or natural water storage capacity.
PRACTICABLE ALTERNATIVE. An alternative in terms of the size or location of a proposed development that would accomplish the development’s basic purpose and avoid or have less adverse impact on a wetland.
UNIFIED FEDERAL METHOD FOR WETLAND DELINEATION. A standard method for identifying wetlands and delineating their boundaries as described in: Federal Interagency Committee for Wetland Delineation, Federal Manual for Identifying and Delineating Jurisdictional Wetlands, (Washington, D.C.: U.S. Government Printing Office, 1989).
(C) Wetlands Overlay Districts.
(1) The Wetland Districts that are established by this subchapter are overlay districts.
(2) No development may take place in a Wetland District without a zoning clearance/building permit.
(3) Only uses that are permitted by right or by special exception may be placed in a Wetland District. All other uses are prohibited.
(D) Application.
(1) This subchapter does not apply to:
(a) Artificially-constructed ponds, drainage ditches, storm water retention/detention basins, gravel pits, stone quarries or waste treatment lagoons, except to the extent that such uses are restricted or prohibited in Wetland Districts;
(b) Wetlands or portions thereof for which federal or state permits for fill were issued prior to the extension of the planning and zoning jurisdiction of the city over the areas for which the permits were issued; or to
(c) Any area or use excluded from local planning and zoning jurisdiction by federal or state law.
(2) Notwithstanding division (D)(1)(b), if a wetland has been divided by the discharge or placement of fill material, the separated parts shall be considered a single wetland.
(3) Wetlands of different National Wetlands Inventory (herein the “NWI”) classification that are contiguous to one another shall be considered a single wetland.
(4) In the event of a conflict between the provisions of this subchapter and those of any other section of the zoning ordinance that governs the management of flood hazard areas, this section shall take precedence.
(E) Coordination with federal and state agencies. No application made under this subchapter for a zoning clearance/building permit, shall be accepted unless the applicant first obtains all necessary federal and state permits, approvals, waivers or letters of non-applicability.
(1979 Code, § 151.115) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999