(A) Intent. The intent of the regulations regarding properties adjacent to watercourses and waterbodies is to:
(1) Prevent property damage from flooding, erosion, and pollution.
(2) Provide for adequate maintenance of watercourses or waterbodies.
(3) Provide for adequate controls so the watercourses or waterbodies will function according to the intended design as part of the stormwater management system.
(4) Enhance the aesthetic quality of the water feature so it becomes an asset to the neighborhood and community.
(B) Setbacks for lots around watercourses or waterbodies.
(1) For purposes of determining the required rear or side yard setback as established in each zoning district, the setback shall be measured from the edge of the structure to the top of the bank of the watercourse or waterbody.
(2) In no case shall any structure, accessory building, or similar obstruction be located within 15 feet of the top of the bank of any watercourse. In no case shall any fence be located within five feet of the top of the bank of any watercourse. This area shall be referred to as the setback area.
(3) For purposes of this subchapter, the BANK shall mean the natural or man-made slope immediately bordering the watercourse or waterbody containing and/or confining the normal water flow.
(4) For purposes of this subchapter, the top of the bank shall be determined by the observed high water mark, or one foot above the maximum discharge elevation or outlet control structure that controls the water elevation of a body of water.
(C) Standards for maintenance.
(1) The setback area shall be kept free of trash, litter, and weeds.
(2) No shrubs shall be allowed in the setback area. Only trees from the plant list in the village's tree ordinance may be planted in the setback area. The setback area must be covered with groundcover, non-living decorative material such as bark, woodchips, decorative rock or stone, or other similar materials. Garden plots, alternative landscapes, and walkways are permitted within the setback area.
(3) The owner shall maintain all plant materials and decorative treatments in such a manner as to protect their functional integrity. The owner shall replace all plant materials that have died within one year.
(4) There shall be no trash or dumpster areas, no storage of hazardous materials, no vehicle maintenance operation, or other source of non-point pollution contained within the setback area.
(Ord. 2020-O-3, passed 2-18-2020)