(a) Intent. It is the intent of these regulations both to safeguard existing and potential land clearing, land disturbance and/or development in appropriate locations and to preserve and promote a desirable ecological balance. Insofar as is reasonably practicable, subdivisions shall, therefore, be located, designed and improved to accomplish the following:
(1) Preserve important natural water areas and related vegetation and wildlife habitats;
(2) Avoid creation of upstream impoundments or downstream runoff harmful to such complexes or to existing or potential development in appropriate locations; and
(3) Maintain desirable groundwater levels.
(b) Maintenance of natural watercourses. Standards for maintenance of natural watercourses are as provided herein.
(1) Where a proposed subdivision is traversed by or includes in whole or in part a natural watercourse, as defined herein, the following requirements shall apply:
a. Such natural watercourse shall be maintained in its natural state except for those vehicular or utility crossings which are necessary and deemed unavoidable by the approving authority.
b. Bordering lands within 25 feet of the edge of any natural watercourse shall be maintained in a naturally vegetated and unaltered state.
c. Bordering lands likely to be inundated at the period of high water during periods of rainfall of ten-year return frequency shall be maintained in a naturally vegetated and unaltered state.
(2) The subdivision administrator, as a condition for plat approval, may make such requirements as are reasonable for the protection of such areas, including the following:
a. The subdivision administrator may require that streets and/or parkways shall border such areas, setting them apart from residential or other intensive uses; or
b. The subdivision administrator may require that all or part of such area shall be platted as part of residential or other lots.
(3) In making decisions concerning such requirements, the subdivision administrator shall consider topography, drainage patterns, soil types, character of existing and potential upland uses, ground cover, erosion control requirements, character of the area to be protected, the adequacy of proposed filter areas, and the like.
(c) Minor incursions for recreational purposes. Minor incursions into areas protected under this section may be permitted for the purpose of providing pedestrian and bicycle access for passive recreational activities. Such incursions shall be permitted only if shown on the preliminary and final plats and approved by the subdivision administrator.
(Code 1989, § 91.43; Ord. of 10-9-2007; Ord. of 6-10-2008)