§ 153.134  STREAM CORRIDORS/FLOODPLAIN.
   The stream corridor includes the 100-year floodplain, as delineated by FEMA (or special flood hazard area), any associated wetlands, and any associated areas where riparian vegetation is dominant.
   (A)   Minimum development setbacks shall be required along all bodies of water. The use of buffers created by this requirement shall be compatible with the protection of stream corridor values.
      (1)   Roads and utility lines may cross stream corridors, but the number and width of such crossings shall be minimized.
      (2)   Boat ramps, docks, and piers may be installed within stream corridor buffers, but shall occupy no more than 16 feet of the stream frontage on any lot or site (note that state or federal permits may be required for the disturbance of stream channels).
      (3)   Stream corridor buffers may be left in, or restored to effective and/or native riparian vegetation. They may not be developed except as permitted in divisions (A)(1) and (A)(2) above.
      (4)   The development setbacks required herein shall be clearly shown and/or noted on final site plans and final subdivision plats.
   (B)   The open space use of stream corridors and retention or restoration of riparian vegetation shall be encouraged. -2/+2 (3). Compliance with the minimum development setback requirements shall receive an award of zero points only. Positive points may be awarded for:
      (1)   Retention of the stream corridor in common (for use by residents only) or public (dedicated to an agency that accepts responsibility for maintenance) open space; and/or
      (2)   Retention of functional riparian vegetation, including its protection during construction, on at least 90% of the stream frontage. “Functional” riparian vegetation has the structure and species diversity needed to serve the water quality, flood control, wildlife habitat, and/or aesthetic functions on which the stream corridor protection strategy of the comprehensive plan is based.
      (3)   The prohibition of all buildings, earthwork (cut/fill), and construction within the 100-year floodplain (excluding habitat restoration/enhancement activities).
(Ord. 2007-8-13, passed 3-11-2019)