1207.03   WETLAND/STREAM CORRIDOR PROTECTION.
   (a)   Purpose. The following requirements and standards are intended to promote, preserve, and enhance the important hydrologic, biological, ecological, aesthetic, recreational, and educational functions that stream corridors, associated riparian areas, and wetlands provide.
   (b)   Boundary Delineation.
      (1)   Qualified professional. Stream corridor and wetland area delineation shall be performed by a qualified professional that has demonstrated experience necessary to conduct site analysis. Delineations shall be subject to the approval of the City Manager, City Engineer, and the City Community Development Staff.
      (2)   Stream corridor boundaries. Stream corridors shall be delineated at the ordinary high-water mark as defined in Chapter 1213. Stream corridors shall not include ditches that are commonly known to be irrigation ditches and that do not contribute to the preservation and enhancement of fisheries or wildlife.
      (3)   Wetland boundaries. Boundary delineation of wetlands shall be established by reference to the City of Hudson's Environmental Resource Atlas and the Index of Ecological Integrity (ACRT, Inc., 1996), or if a property is not included in the Atlas or the Index, or if the Atlas or Index boundary is disputed by either the City or applicant, then by using the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, dated 1987. Subsequent revisions of the Federal Manual shall not be incorporated into this delineation methodology. Although the Federal Manual may change in the future, the City will use this referenced manual as a basis for wetland determination. The following City of Hudson studies shall also be used by reference to establish wetland boundaries: Mudbrook, Brandywine and Meadowbrook.
   (c)   Prohibited Activities. No person shall engage in any activity that will disturb, remove, fill, drain, dredge, clear, destroy, or alter any area, including vegetation, within stream corridors, wetlands, and their setbacks, except as may be expressly allowed in this Code.
   (d)   Compliance with Applicable Federal Wetlands Laws or Regulations.
      (1)   No person shall engage in any activity that will disturb, remove, fill, drain, dredge, clear, destroy, or alter any area, including vegetation, within a wetland as delineated or would be delineated by the procedures of this section, except as may be expressly allowed by this Code.
      (2)   The City shall not grant final approval to any development or activity, including subdivisions, in a wetland that falls within the federal government's jurisdiction until all necessary federal approvals and permits have been obtained.
   (e)   Setbacks. The following setbacks are considered minimum distances:
      (1)   Stream corridors. All buildings, accessory structures, parking lots, grading and clearing shall be set back from the ordinary high-water mark of stream corridors. The minimum setback widths are:
         A.   One hundred feet on each side of all streams draining an area greater than twenty square miles, or
         B.   Seventy-five feet on each side of all streams draining an area greater than 0.5 square miles (320 acres) and up to twenty square miles, or
         C.   Fifty feet on each side of all streams draining an area greater than 0.05 square miles (thirty-two acres) and up to 0.5 square miles (320 acres).
         D.   Thirty feet on each side of all streams draining an area less than 0.05 square miles (thirty-two acres).
      (2)   Wetlands. All buildings, accessory structures, and parking areas or lots shall be set back at least fifty feet horizontally (map distance), from the delineated edge of a wetland.
      (3)   Private open space/landscaping credit. All setback areas shall be credited toward any relevant private open space set-aside requirements or landscaping requirements.
   (f)   Preservation of Vegetation. All existing vegetation within the steam corridor or wetland setback area shall be preserved, and where necessary to provide adequate screening or to repair damaged riparian areas, supplemented with additional native planting and landscaping approved by the City Community Development Staff.
   (g)   Exceptions. The following structures and necessary grading may be excepted from this section (Wetland/Stream Corridor Protection) provided construction and the area disturbed minimizes impact to the maximum extent feasible: (1) Bridges over streams and the setback area; (2) Stormwater management wet basins within the setback area when native plantings are used.
(Ord. 18-93.  Passed 10-15-19.)