(a) Riparian setbacks are established as follows:
(1) A minimum distance on either side of the watercourse as shown on the Riparian Setback Map.
(2) Riparian Areas, watercourses and setbacks shall not be limited to those shown on the Riparian Setback Map. The Planning and Zoning Commission shall determine the setbacks for any watercourses not shown on the Riparian Setback Map.
(3) Because the gradient of the riparian corridor significantly influences impacts on the stream or watercourse, the following adjustment for steep slopes will be integrated into the riparian setback distance shown on the Riparian Setback Map:
Average Percent Slope | Width of Adjustment |
15% - 20% | Add 25 feet |
21% - 25% | Add 50 feet |
> 25% | Add 100 feet |
(b) 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 each watercourse.
(2) Except as otherwise provided in these regulations, riparian setbacks shall be preserved in their natural state.
(c) The developer, applicant or designated representative shall be responsible for delineating riparian setbacks and identifying those setbacks on all subdivisions, land development plans and/or building permit applications submitted to the Zoning Inspector. This delineation shall be done at the time of application of the preliminary plan or at the time of submission of any permit applications. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Zoning Inspector. As the result of this review, the Commission may require further studies from the developer, applicant or designated representative.
(d) Prior to any soil disturbing activity, riparian setbacks shall be clearly delineated by the landowner on site, and such delineation shall be maintained throughout soil disturbing activities.
(e) No approvals or permits shall be issued by the Zoning Inspector prior to delineation of riparian setbacks in conformance with these regulations.
(f) Upon completion of an approved subdivision, land development or other improvement, riparian setbacks shall be permanently recorded on the plat records for the Village. A plat, showing property lines, riparian area, setbacks, existing improvements, proposed improvements and watercourse(s), shall be submitted for all proposed improvements. The plat shall be a scaled drawing prepared by a registered surveyor and shall contain enough information (bearings, distances, dimensions, etc.) so that the riparian setback can be definitely located and defined relative to the property lines, improvements and watercourse(s).
(Ord. 25-2011. Passed 9-20-11.)