(A) Stream buffers shall be maintained on all sides of perennial and intermittent streams, lakes and other natural waterways as provided in the Storm Water Technical Standards Manual.
(B) The following are exempt from this stream buffer requirement:
(1) Areas along streams or other waterways that are mapped on the USGS quadrangle map or NRCS soils map where such streams or waterways do not actually exist on the ground.
(2) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way.
(3) Where application of these requirements would prevent all prospective use of a lot platted and recorded prior to the effective date of this chapter.
(4) Water dependent structures provided that those structures shall be designed, constructed, and maintained to provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality.
(5) Roads, bridges, storm water management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be located, designed, constructed, and maintained to have minimal disturbance, provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality.
(6) Ditches and manmade conveyances other than modified natural streams.
(C) The stream buffer shall be measured from the top of channel bank landward:
(1) The size of the stream buffer for a perennial stream shall be an undisturbed area measured from the average annual stream bank perpendicularly for a distance of 50 feet plus four (4) times the average percent of slope of area adjacent to the stream. This slope shall be calculated by measuring a distance of 250 feet from the center of the stream. The percent of slope for this distance shall serve as the determining factor. However, the maximum distance shall note exceed 120 feet from the edge of the stream. An additional 20 foot vegetated setback from the stream buffer shall be required on perennial streams.
(2) The size of the stream buffer for an intermittent stream shall be measured from the average annual stream bank perpendicularly for a distance of 30 feet. The first 20 feet shall be an undisturbed area.
(D) The following activities shall not be allowed in buffer areas:
(1) New on-site sewage systems, which utilize ground absorption.
(2) New structures, except as specifically provided in the Storm Water Technical Standards Manual.
(E) The stream buffer shall be maintained by the landowner or homeowners association to maintain sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into the affected stream and consistent with maintenance criteria as set out in the Storm Water Technical Standards Manual.
(F) Stream buffer areas shall be designated on recorded plats as easements. The plat shall be included with the Storm Water Permit Application.
(Ord. passed 7-15-2008)