(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile; or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City may consult with representatives of the Lake SWCD or other technical experts. Any costs associated with such consultations shall be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 120 feet on each side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
(2) A minimum of 75 feet on each side of all watercourses draining an area greater than one-half square mile and up to 20 square miles.
(3) A minimum of 25 feet on each side of all watercourses draining an area less than one-half square mile and having a defined bed and bank as determined by this chapter.
(c) Riparian Setback Map. The City shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached to original Ordinance 2004-O-21 and made a part of this chapter. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate.
(2) It shall be a guide only.
(3) Nothing herein shall prevent the City from amending the Riparian Setback Map from time to time as may be necessary.
(4) If any discrepancy is found between the Riparian Setback Map and this chapter, the criteria set forth in division (a) and (b) of this section shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of a designated watercourse.
(2) Except as otherwise provided in this chapter, riparian setbacks shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the City may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City. Any costs associated with reviewing this site-specific floodplain delineation shall be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback shall be extended to include the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this chapter. Any costs associated with reviewing these delineations shall be assessed to the applicant.
(Ord.2004-O-21. Passed 11-9-04.)