Any person whose property contains a riparian area, as defined herein, may create a buffer area bordering the riparian area upon obtaining a permit from the division of environmental services or its designee. Such a buffer area shall be exempt from the nuisance provisions of chapter 12 provided that the area is properly maintained as defined herein and acceptable species of vegetation are utilized. Upon application, the Division of Environmental Services or its designee shall inspect the area and determine whether a permit should be granted. The permit shall be granted providing the following conditions are met:
(1) The property must contain a riparian area, hereby defined as real property related to or located in conjunction with a wetland, river or stream, naturalized detention basin bottom, or along the edge of a lake, which real property is influenced by and influences the neighboring body of water.
(2) A buffer zone is real property which adjoins or includes a riparian area and which is maintained in a natural state consistent with the provisions of this article.
(3) The maximum area for a buffer zone shall be twenty-five (25) feet from the edge of the wetland, river, stream, lake, or naturalized basin bottom, unless a larger area is approved by the division of environmental services and so designated on the permit.
(4) The buffer zone shall not interfere with designated greenways as set forth in the comprehensive plan.
(5) The division of environmental services or its designee may deny a permit although all conditions have been met, for just cause based on circumstances unique to the property affected which would create a threat to public welfare and/or safety if the proposed planting were permitted.
(6) The decision of the division of environmental services or its designee shall be made within thirty (30) days after an application is filed. Failure to issue such decision within said time period shall have the same effect as approval of the application.
(Ord. No. 28-2000, § 1, 2-10-00; Ord. No. 32-2016, § 1, 3-3-16 )