(a) Setback for Buildings and Structures. Notwithstanding the required yard regulations for the underlying district, all buildings and structures requiring a permanent foundation, pavement and other structures such as patios and decks shall maintain a minimum setback of fifty feet from the edge of a stream bank. If there is uncertainty as to the exact location of the edge of the stream bank, the location of the edge of the stream bank shall be determined by the Planning Commission.
(b) Stream Buffer. The minimum buffer area along a stream bank shall be thirty-five feet. The area within this buffer area shall be preserved and maintained in its natural state unless exempted or approved by the Planning Commission to be removed and replaces. Any disturbed area within the buffer must be replanted using indigenous riparian vegetation. Trees having a diameter at breast height (DBH) of eight inches or more that are disturbed, destroyed or removed from the buffer area shall be replaced by an equal number of trees within the buffer area, as determined by the Planning Commission.
(c) Wetlands Protection. Identified wetlands that are required by the Army Corp. of Engineers to be retained shall be protected by a buffer area having a depth not less than twenty feet, measured from the edge of the identified wetland. Within this buffer area, vegetation shall be left undisturbed in its natural state.
(d) Preservation of Trees and Woodlands. Trees with a DBH of eight inches or greater and groupings of trees that form a contiguous canopy shall be preserved to the extent practicable according to the following:
(1) Preservation of trees. Trees with a DBH of eight inches or greater shall be preserved to the extent practicable and removal of such trees shall be permitted only in the following areas, upon review and approval by the Planning Commission:
A. Within the area to be occupied by a permanent structure together with fifteen feet on all sides, subject to approval of the location of the structure.
B. Within the area occupied by access roads, parking areas, accessory buildings, sidewalks, utility installations and similar necessary development subject to approval of the location of said improvements.
(2) Required preservation of woodlands. On a development site or subdivision that has an area greater than two acres, not less than fifty percent (50%) of the area of the site covered by mature woodlands shall be preserved, and not less than twenty-five percent (25%) of any young woodlands shall be preserved.
(3) Reforestation. Upon the approval of the Planning Commission, a property owner or developer may clear more area than permitted in subsection (d)(2) hereof by agreeing to reforest another part of the site at a ratio of 1.2 times the area required.
(e) Disturbance of Steep Slopes.
(1) No roadway or driveways shall be permitted to be constructed on land having a slope greater than twenty-five percent (25%).
(2) No buildings or parking areas shall be permitted to be constructed on land having a slope greater than twenty percent (20%).
In determining the slope percentage, the horizontal distance of the slope shall be a minimum of fifty feet and the height shall be a minimum of fifteen feet.
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(f) Residential Subdivision Design. In order to encourage and accommodate the goals of the district Planning Commission may approve residential subdivisions that have less than the required lot width and subdivision improvement requirements according to the following:
(1) The lot width and front yard requirements for one-family dwelling may be reduced by thirty percent (30%) in order to permit more of the development to be preserved.
(2) The width of the pavement for proposed local subdivision streets may be reduced by up to twenty percent (20%).
(3) Sidewalks may be constructed on only one side of the street.
(Ord. 1997-117. Passed 9-16-97.)