A. Application Required: Unless specifically exempted as specified below, an application for sensitive areas review must be submitted to and approved by the city prior to woodland clearing, grading or any development activity on tracts of land or portions of tracts of land where any regulated sensitive features specified in subsection B of this section exist. This application process may occur as part of site plan review, a planned development overlay rezoning and/or subdivision review.
B. Regulated Sensitive Features: Properties containing any of the following environmentally sensitive features are subject to the regulations of this article. References to "regulated" sensitive features, such as "regulated wetlands", "regulated slopes", etc., within the text of this article are references to the regulated features as listed below. The sensitive areas inventory map - phase I may be used as a tool to determine the locations of potential environmentally sensitive areas. However, it is the applicant's responsibility to investigate and fully delineate such potential sensitive areas in order to determine whether the sensitive area or feature is subject to the regulations of this article.
1. Jurisdictional Wetlands: Jurisdictional wetlands as regulated by the U.S. army corps of engineers, or its successor. (Ord. 05-4186, 12-15-2005)
2. Stream Corridors:
a. Floodways designated on either the current federal emergency management agency flood boundary and floodway maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 feet scale) flood boundary and floodway maps.
b. A watercourse, such as a river, stream or drainageway, which is shown in blue (the blue line) on the most current U.S. geological survey quadrangle maps. In cases where no floodway is delineated, the blue line will serve as the centerline within a thirty foot (30') wide stream corridor. If a watercourse is designated a blue line stream, but does not have a bed and bank defined by an "ordinary high water mark", as defined in chapter 9, article E, "Sensitive Lands Definitions", of this title, and a definite direction of flow, either continuously or intermittently, then said watercourse will not be considered a regulated stream corridor, provided the absence of these defining characteristics is verified in the field by a qualified professional (see section 14-5I-7, "Stream Corridors", of this article for more information). (Ord. 10-4398, 7-12-2010)
3. Regulated Slopes: Slopes of eighteen percent (18%) or greater.
4. Wooded Areas:
a. Woodlands, two (2) acres in size or greater.
b. "Groves of trees", as defined in this title.
5. Fully Hydric Soils: Fully hydric soils as designated in the USDA soil conservation service soil survey of Johnson County, Iowa, as amended.
6. Prairie Remnants: Prairie remnants as shown on the Iowa City sensitive areas inventory map - phase I, as amended.
7. Archaeological Sites: Archaeological sites as determined by the state historic preservation officer or the state archeologist.
C. Exemptions: The following uses, activities, and structures are exempt from the requirements of this article. However, an applicant must first apply for and obtain an exemption, prior to any woodland clearing, grading or development activity on a property.
1. Emergency/Public Safety: Grading, clearing, removal or other activities required for emergency situations involving immediate danger to life, health and safety, or which create an immediate threat to person or property or create substantial fire hazards are exempt from the requirements of this article.
2. Maintenance/Expansion Of Single-Family Or Two-Family Residential Uses: Normal maintenance, expansion, exterior remodeling, reconstruction or replacement of single-family or two-family uses in existence as of December 13, 1995, are exempt from the requirements of this article, provided the new construction or related activity will not increase the footprint of the structure and/or paving lying within the sensitive area by more than a cumulative total of one thousand (1,000) square feet, and also provided there is no encroachment by said activities, including grading, into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area.
3. Construction Of Single-Family Or Two-Family Residential Uses: Grading, clearing or development activities on a tract of land for the purpose of construction, landscaping or associated improvements for one single-family use or one two-family use are exempt from the requirements of this article, provided the development activities do not exceed a maximum total of twenty thousand (20,000) square feet in area, and provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area.
4. Groundwater Monitoring Wells And Stormwater Facilities: Normal and routine maintenance of existing drainage and stormwater management facilities are exempt from the requirements of this article. This exemption includes vegetative maintenance for access and stormwater/flood control purposes within and adjacent to drainageways. Except for temporary storage outside a wetland or water body, placement of fill or dredge spoils is not exempt under this subsection C4. Groundwater monitoring wells, when constructed to standards approved by the city, are exempt.
5. Woodland Management Activities: Practices associated with "timber management standards" as defined by the International Society Of Arboriculture, or its successor, are exempt from the requirements of this article. Existing tree farming operations, such as Christmas tree farming, fruit or nut tree production and tree nurseries, during such time as the land is used for tree farming operations, are exempt from the requirements of this article.
D. Uses, Activities And Structures Allowed Within Protected Sensitive Areas: The following uses, activities, and structures are allowed within protected sensitive areas and required buffers where it can be shown that such a use, activity, or structure will not be detrimental to the functioning of sensitive areas or associated buffers, or pose a public safety hazard, subject to city approval, during the applicable sensitive areas review process:
1. Parkland, private open space, and trails that provide opportunities for environmental interpretation and are designed to incorporate features that protect areas of wildlife habitat, water quality and the natural amenities in protected sensitive areas and buffers.
2. Stream crossings, such as bridges, roads and culverts, or stream bank stabilization measures, provided they are designed to minimize any reduction of the flood carrying capacity of the stream caused by such structures and are in compliance with all federal and state regulations.
3. Essential public utilities such as storm and sanitary sewers; water mains; gas, telephone and power lines; and storm water detention facilities are permitted if they are designed and constructed to minimize their impact upon the protected sensitive areas and associated buffers. The design and construction of utilities should also include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. Upon completion of the installation of the public facility or line, the sensitive protected areas and associated buffers shall be restored by those persons responsible for the disturbance. (Ord. 05-4186, 12-15-2005)