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(A) Riparian buffers shall be maintained on all sides of perennial and intermittent streams, lakes, and other natural waterways as provided in the Stormwater Management Manual.
(B) The following are exempt from this riparian buffer requirement:
(1) Areas along streams or other waterways that are mapped on the USGS quadrangle map or NRCS soils map where such streams or waterways do not actually exist on the ground;
(2) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way;
(3) Where application of these requirements would prevent all prospective use of a lot platted and recorded prior to the effective date of this chapter;
(4) Water dependent structures, provided that those structures shall be designed, constructed, and maintained to provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality;
(5) Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be located, designed, constructed, and maintained to have minimal disturbance, provided the maximum practicable nutrient and bacterial removal have the least practicable adverse effects on aquatic habitat, and to otherwise protect water quality; and
(6) Ditches and human-made conveyances other than modified natural streams.
(C) The riparian buffer shall be an undisturbed area extending from the top of channel bank landward a minimum distance of 30 feet measured horizontally on a line perpendicular to the water body.
(D) The following activities shall not be allowed in buffer areas:
(1) New on-site sewage systems which utilize ground adsorption; and
(2) New structures, except as specifically provided in the Stormwater Management Manual.
(E) The riparian buffer shall be maintained by the landowner or homeowner’s association to maintain sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into the affected stream, and consistent with maintenance criteria as set out in the Stormwater Management Manual.
(F) Riparian buffer areas shall be designated on recorded plats as easements. The plat shall be included with the stormwater permit application.
(Ord. 03-006, passed 8-13-2003)