(a) It is hereby determined that the system of rivers, streams and other natural watercourses within Kirtland contributes to the health, safety and general welfare of the residents of Kirtland. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow;
(2) Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks;
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling and transforming pollutants already present in watercourses;
(4) Reduce pollutants in watercourses by filtering, settling and transforming pollutants in runoff before they enter watercourses;
(5) Provide watercourse habitats with shade and food;
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system;
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation; and
(8) Benefit Kirtland economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of Kirtland, and thereby preserving the character of Kirtland, the quality of life of the residents of Kirtland, and corresponding property values.
(b) The following regulation has been enacted to protect these services of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in Kirtland.
(Ord. 02-O-33, passed 7-8-2002)