(a) It is hereby determined that the system of rivers, streams, wetlands and riparian areas within the City contributes to the health, safety and general welfare of the residents of the City. The purpose of this Riparian Setback and Wetland Setback chapter is to protect and preserve the water quality within streams of the City and to protect residents of the City from property loss and damage because of flooding and other impacts of the stream. The method of implementing this chapter is by controlling uses and developments within a setback that would impair the ability of the riparian and/or wetland area to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters and regulating base flow.
(2) Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks.
(3) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams.
(4) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter streams.
(5) Provide areas for natural meandering and lateral movement of stream channels.
(6) Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation.
(7) Provide high-quality stream habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian and wetland vegetation.
(8) Benefit the City economically by minimizing encroachment on wetlands and stream channels and reducing the need for costly engineering solutions such as dams and riprap, to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the scenic beauty, the character and the environment of the City, the quality of life of the residents of the City and corresponding property values.
(9) Protect the health, safety, and welfare of the citizens of City.
(b) The following regulation has been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing structures and uses in riparian and wetland setbacks. The intent of this regulation is to:
(1) Preserve to the maximum extent practicable the natural drainage characteristics of the City and building sites and minimize the need to construct, repair and replace enclosed storm drain systems.
(2) Preserve to the maximum extent practicable natural infiltration and groundwater recharge and maintain subsurface flow that replenishes water resources, wetlands and wells.
(3) Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resource, wetlands and storm water management practices that are the result of inadequate storm water control due to the loss of riparian areas and wetlands.
(4) Reduce the long-term expense of remedial projects needed to address the problems caused by inadequate storm water control.
(Ord. 05-172. Passed 12-5-05.)