(a) Stream Types. The following stream types shall be used to define appropriate stream buffers (See Table A)
Table A: Stream Types
Stream Types
| |
Stream Type | Stream Characteristics |
Type I | Drainage area of up to 32 acres |
Type II | Drainage area of greater than 32 acres up to 0.5 square miles |
Type III | Drainage area greater than 0.5 square miles up to 20 square miles |
Type IV | Drainage area greater than 20 square miles up to 300 square miles |
Type V | Drainage area greater than 300 square miles |
(b) Buffer Types and Allowed Activities. The following buffer types shall be used to regulate activities in any stream corridor buffers. Any applicable buffer type boundaries shall be indicated on any plat or site plan files which includes an applicable stream corridor (Table B)
Table B: Buffer Types
Buffer Types
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Buffer Type | Buffer Characteristics |
Preserved buffer | An area that protects the physical and ecological integrity of the stream ecosystem. It is the most sensitive area of the stream corridor and includes the stream channel and the required setback from the ordinary high water mark. In order to protect natural functions of the corridor, this area should contain undisturbed natural vegetation. |
Managed buffer | An area that protects key components of the stream and provides distance and transitions between up land development and preserved buffer. Activities in this area impact the function of the preserved buffer, as well as the stream corridor, and it begins immediately adjacent to the preserved buffer. In order to protect natural function of the corridor, this area should contain native vegetation and limited land disturbance. |
Limited development buffer | An area that prevents encroachment into the steam corridor by more intense and conventional development. Activities in this area impact the function of the stream corridor, and it begins immediately adjacent to the managed buffer. Limited development activity is allowed in this area, provided it is accessory to a use in one of the other buffer areas or involves site design practices that eliminate, minimize or mitigate impacts of runoff into the stream corridor. |
(c) Required Buffer Area. The required buffer area shall be according to the following table with required and allowed modifications based upon the following sections and Table C.
Table C: Required Buffer Area
Required Buffer Area
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Stream Type
| Buffer Type
| |||
Preserved Buffer | Managed Buffer | Limited Development Buffer | Total Combined Buffer Area | |
Required Buffer Area
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Stream Type
| Buffer Type
| |||
Preserved Buffer | Managed Buffer | Limited Development Buffer | Total Combined Buffer Area | |
Type I | 30 feet | N/A | N/A | 30 feet both sides |
Type II | 30 feet | N/A | N/A | 50 feet both sides |
Type III | 30 feet | 30 feet | 50 feet | 50 feet both sides |
Type IV | 30 feet | 50 feet | 100 feet | 100 feet both sides |
Type V | 30 feet | 70 feet | 150 feet | 150 feet both sides |
* Buffer distance requirements measured horizontally from the edge of the ordinary high water mark. All preserved buffers shall also include the stream channel in addition to the specified setback from the ordinary high water mark. | ||||
(1) The minimum preserved, managed and alternative buffers shall be increased subject to the review of the Village. Alternatives to the proposed standards may be introduced by the Village or landowner proposing development in a stream corridor if based on scientific studies of the specific site and surrounding impacted areas, taking into account the following factors:
A. Slope;
B. Ground water and surface water flow;
C. Rainfall;
D. Soil infiltration rate and conditions;
E. Floodplain width;
F. Catchment size;
G. Existing and proposed land uses;
H. Impervious surfaces;
I. Wetlands;
J. Surrounding vegetation characteristics.
(d) Allowed Uses and Limitations. In addition to all the standards and regulations of the base zoning district, the following additional limitations shall apply in the buffer areas:
(1) Preserved buffer. The preserved buffer shall only allow uses that leave the soil and vegetation in an undisturbed state.
A. Prohibited activities. Mowing and clearing of vegetation, exaction or any land disturbance is prohibited in this area unless it is conducted in association with restoration of natural stream conditions or occurs at a designated stream crossing.
B. Allowed uses. Unpaved recreation trails, wildlife sanctuaries, fishing and hunting, natural education and research activities are allowed in this area.
(2) Managed buffer. Conservation uses such as wildlife sanctuaries, fishing and hunting areas, passive park land or natural open space, unpaved recreation facilities, natural education and research activities, limited harvesting of trees and natural vegetation, sustainable agriculture practices involving only crops, camping and picnic areas, or other approved uses allowed by the Planning Commission.
(3) Limited development buffer. Accessory buildings to other buffer uses, principal buildings to uses allowed by zoning district provided green building practices, associated site elements provided low impact design such as porous paving etc. is used to the greatest extent practicable, including other approved uses allowed by the Planning Commission.
(e) Additional Limitations.
(1) Water pollution hazards. In addition to the protections of the buffer areas and the underlying zoning ordinances, all streams are protected by the stream corridor protection standards identified in Table D for water pollution hazards:
Water Pollution Hazard Setbacks
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Hazard | Setback |
Water Pollution Hazard Setbacks
| |
Hazard | Setback |
Storage or use of hazardous substances | 100 feet |
Above ground or underground petroleum storage facilities or use of petroleum- based products | 100 feet |
Drain-fields from on-site sewage disposal and treatment systems (i.e. septic systems) | 100 feet |
Raised septic systems | 100 feet |
Solid waste landfills, recycling facilities, or junkyards | 100 feet |
Agricultural activities involving animal feed lot operations or storage | 100 feet |
Mining of natural resources | 100 feet |
(2) Stream Crossing. Crossings of streams protected by these standards, by roads, driveways, storm sewers, sewer lines, water lines and utility lines shall be limited by the following:
A. One roadway crossing area, and associated utility crossing, limited to no wider than 60 feet for every 500 linear feet.
B. All crossings shall be perpendicular to the stream and shall be designed to minimize and mitigate and disturbance in any buffer area.
(Ord. 2013-11-3. Passed 12-19-13; Ord. 2017-3-17. Passed 5-2-17.)