§ 153.58  BUFFERS.
   The SWPPP shall include provisions for buffers.
   (A)   No-disturbance buffer.
      (1)   The no-disturbance buffer will be used to define areas where land disturbance activities shall not be permitted. Grading, clearing, and grubbing shall not be permitted in this area, but pruning, trimming, and partial removal of standing vegetation is permitted.
      (2)   The NO-DISTURBANCE WATERWAY buffer shall be defined as 25 feet from the top of the waterway bank as defined by geomorphic shape (not by the current water surface elevation).
      (3)   The no-disturbance waterway buffer shall be applied to all waterways and drainage systems that drain more than 25 acres of contributing area or are represented on a United States Geological Survey map as a blue line stream.
   (B)   Waterway buffer.
      (1)   The waterway buffer will be used to define areas where land disturbance activities shall be permitted, but construction of any building or structure shall not be permitted.
         (a)   A waterway buffer shall be applied to all waterways serving more than 25 acres of tributary area or those represented on a United States Geological Survey map as a blue line stream.
         (b)   Automatic exemptions may be applied for the following (provided erosion prevention and sediment control, water quality, and cut-fill policies are adequately addressed):
            1.   Roads and utilities crossing waterways; and
            2.   Pedestrian trails and walkways proximate to waterways.
      (2)   The WATERWAY BUFFER shall be defined as the area contained within a boundary established 25-feet beyond the floodplain boundary as defined by FEMA or 50-feet from the top of waterway bank as defined by geomorphic shape (not by the current water surface elevation) which ever is larger. At a minimum, the WATERWAY BUFFER shall be at least the width of the no-disturbance buffer, if applicable.
      (3)   The waterway buffer and floodplain may be used for application of water quality devices. This may only be permitted provided erosion prevention and sediment control, water quality, and cut-fill policies are adequately addressed as determined by the town according to the provisions of this chapter.
(Ord. G-12-02, passed 1-17-2012)