(a) COMPLIANCE. All new development (including building construction, other site improvements, and/or site preparation), additions to existing development (including building construction, other site improvements and/or site preparation), along with all new subdivision plats, condominiums, and site plans, in all zoning districts, shall comply with the resource protection standards set forth in Table 35-4102.1.
(b) NATURAL RESOURCES TO REMAIN UNDISTURBED. All of the natural resources required to be protected under this Division shall remain undisturbed and in a natural state except those natural resources where mitigation is permitted and where that mitigation is in strict accord with those requirements set forth in this Division.
(c) DESTRUCTION OF EXISTING NATURAL RESOURCES. Removal of protected natural resources as defined in this Division from a property before any development approvals from the City are sought shall not be allowed unless the property owner obtains a site plan approval and meets the standards of this Division for natural resource preservation. All clear cutting and destruction of natural resource features shall:
(1) Require a site plan review and approval as per Sec. 35-2105, and shall be in compliance with the provisions of this Division.
(2) Be required to meet the protection levels described in this Division.
(3) Where such clear cutting and/or destruction violations occur, be required to meet the mitigation standards set forth under the provisions of this Division.
(d) NATURAL RESOURCE PROTECTION PLAN. If natural resource features defined and described in this Article are present on a property, a “Natural Resource Protection Plan” shall be submitted, which shall show the following:
(1) Proposed Name
. The proposed name of the development.
(2) Location
. The location of the proposed development.
(3) Name, Address and Telephone Numbers of the Owners, Subdividers, Lessee and/or Developer
. The names, addresses and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.
(4) Date
. Date of the “Natural Resource Plan” submittal and all applicable revision dates.
(5) Site Boundary
. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.
(6) Lot Lines, Right-of-Way lines, and Easements
. The location of all proposed lot lines, right-of-way lines, and easements.
(7) Existing Streets. The location, ownership, widths, and names (if available) of all existing and previously platted streets, rights-of-way, parks, and other public or open spaces located within or adjacent to the subject property.
(8) Easements and Neighboring Property Boundaries
. The location and dimensions of all permanent easements and the subject property boundary lines adjacent to the site.
(9) Location and Extent of Existing Natural Resource Features
. The location and extent of any existing natural resource features defined and described in this Article. Each individual resource area on the site shall be shown graphically on the “Natural Resource Protection Plan.”
(10) Disturbed and Preserved Natural Resource Features
. Graphic and numerical illustration shown on the “Natural Resource Protection Plan” of those existing natural resource features that will be disturbed and those that will be preserved and showing on the illustration the area (in square feet or acres) of each existing resource and those areas of resources that are to be preserved. Numerical data may be shown in tabular form with labeled reference to specific areas designated on the “Natural Resource Protection Plan.” Any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with natural resource protection easements shall be indicated.
(11) Method of Natural Resource Preservation
. Graphic illustration and notes related to how those natural resource features, which are to be preserved, will actually be preserved (conservation easements, deed restrictions, protective covenants, etc.).
(12) Scale, North Arrow, Contours
. A drawing legend containing the scale appropriate to the size of the Site Plan, the date of preparation, north arrow, and designation of existing and proposed contours at a maximum two foot contour interval.
NATURAL RESOURCE FEATURE | ZONING DISTRICT TYPE | |||||
Resource | Residential (a) | Nonresidential (b) | ||||
Protection Standard | Mitigation Permitted | Protection Standard | Mitigation Permitted | Protection Standard | Mitigation Permitted | |
NATURAL RESOURCE FEATURE | ZONING DISTRICT TYPE | |||||
Resource | Residential (a) | Nonresidential (b) | ||||
Protection Standard | Mitigation Permitted | Protection Standard | Mitigation Permitted | Protection Standard | Mitigation Permitted | |
Steep Slopes (c): | ||||||
20 to <=30% | 65% | No | 75% | No | 70% | No |
>30% | 90% | No | 85% | No | 80% | No |
Woodlands & Forests (c): | ||||||
Mature - | 70% | Yes | 70% | Yes | 60% | (d) |
Young - | 50% | Yes | 50% | Yes | 50% | Yes |
Drainageways | 100% | Yes | 100% | Yes | 100% | Yes |
Shore Buffers | 100% | No | 100% | No | 100% | No |
Isolated Wetlands, Ponds and Lakes | 100% (e) | Yes | 100% (e) | Yes | 100% (e) | Yes
|
Footnotes:
a. Including residential PUD Districts (or residential portions thereof).
b. Including nonresidential PUD Districts (or nonresidential portions thereof).
c. Protection standards for steep slopes and woodlands shall be enforced over the total combined occurrences of such features on lands held in common ownership, rather than over each of any two or more individual occurrences of steep slopes or woodlands on such lands. Lands shall be considered to share a common boundary even if they are divided by a public road or navigable waterway, or if they connect at only one point.
d. Whether mitigation is permitted shall be determined by the zoning administrator on a case-by-case basis based on the findings of the field survey conducted in accordance with Sec. 35-4109(c).
e. If not otherwise restricted by state or federal regulations, the zoning administrator may allow the filling or alteration of up to one acre of wetland without mitigation if such filling or alteration is essential for public safety purposes as defined under state law.