A. This Article shall apply to all land or new development within the stream corridor, as defined by this Article and applied to designated stream segments identified on the Independence Stream Order Map established December 1, 2005, and incorporated as a part of this section. No development shall occur on a parcel of land that is within or partially within the defined stream corridor, except in accordance with this Article; provided, however, that this Article shall not apply to land or to developmentwhich:
1. Is on land covered by an approved, unexpired preliminary plat or preliminary plan, where such approval was given prior to the effective date of this Article; or
2. Is covered by an unexpired building permit issued prior to the effective date of this Article, in accordance with City Code, and platting was not required prior to issuance of a building permit.
3. Is the subject of a Federal Clean Water Act Individual 404 Permit issued after timely notice of the a application for such permit is provided to the City.If a development obtains a Federal Clean Water Act Individual 404 Permit allowing a stream to be relocated or otherwise altered, this Article will apply to the new stream location.
4. Is being used for agricultural operations.
B. For the purpose of this Article, the Little Blue Trace Park shall be deemed to be the stream buffer for the Little Blue River and the East Fork of the Little Blue River.
C. No development shall be approved that proposes development on any parcel of land wholly or partially within the defined stream corridor unless the proposed development is in compliance with the applicable provisions of this Article.
D. Except as otherwise provided herein, the Director of the Water Pollution Control Department shall administer, implement and enforce the provisions of this Article. Any powers granted to or duties imposed upon said Director may be delegated by said Director to other City personnel or authorized representatives.
E. The City is authorized to develop administrative policies and guidelines to implement this Article.
F. Stream buffers, as required by this Article, are a part of the City's Storm Water Management Program.
A. A buffer plan approved by the City is required for all projects where development or redevelopment is to occur on property that includes or is adjacent to a stream, except as provided by Sec. 7.05.003. The plan shall set forth an informative, conceptual, and schematic representation of the proposed activity so as to enable the City an opportunity to make a reasonably informed decision regarding the proposed activity.
B. An application for approval of a buffer plan shall be made in writing to the Director of Water Pollution Control and shall be accompanied by a permit application fee of One Hundred Dollars ($100.00).
C. The delineation of the stream buffer and its component zones shall be shown on any building construction plans, preliminary plat and final plat, as may be required by City Code. The buffer planshall be submitted in conjunction with the required grading and engineering plans for any development, and the boundaries of the stream buffer shall be clearly delineated on the final grading plan.
D. A buffer plan shall contain the following information:
1. A location or vicinity map showing the limits of the FEMA-delineated 100-year floodplain.
2. Field-delineated and/or surveyed streams, springs, bodies of water (include a minimum of 150 feet into adjacent properties).
3. Labels for the stream buffer zones and any structures or activities by the zone where they are to be located.
4. A delineation of areas with slope greater than fifteen percent (15%) with the percentage slope shown.
E. Boundary markers shall be installed prior to final approval of the required clearing and grading plan. Construction fencing shall be placed at the outer edge of the middle zone (as defined in Section 7.05.005.C) to delineate the buffer and shall be maintained throughout the construction of the project.
F. All final plats and survey developments prepared for recording shall clearly:
1. Show the extent of any stream buffer on the subject property, including the delineation of the streamside, middle and outer zone;
2. Provide a note to reference any stream buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation";
3. Provide a note to reference any conservation easements governing all stream buffer areas stating: "Any stream buffer shown hereon is subject to conservation easements that restrict disturbance and use of these areas."
4. The recorded conservation easements are to be referenced by book and page.
Design Standards for Stream Buffers
A. A buffer for a stream shall consist of a strip of land extending along both sides of a stream including slopes greater than fifteen percent (15%).
B. The required width for all stream buffers (i.e., the base width) shall be a minimum average of eighty-five feet (85') on each side of the stream beginning at the stream bank, with the requirement to expand the buffer depending on the size and type of the stream and the presence of slopes over fifteen percent (15%).
1. First order streams shall have a minimum average buffer width of eighty-five feet (85') on each side, with a streamside zone of thirty-five feet (35'), a middle zone of twenty-five feet (25') and an outer zone of twenty-five feet (25').
2. Second order streams shall have a minimum average buffer width of one hundred five feet (105') on each side, with a streamside zone of thirty-five feet (35'), a middle zone of forty-five feet (45') and an outer zone of twenty-five feet (25').
3. Third order streams shall have a minimum average buffer width of one hundred twenty-five feet (125') on each side, with a streamside zone of thirty-five feet (35'), a middle zone of sixty-five feet (65') and an outer zone of twenty-five feet (25').
4. Fourth order streams shall have a minimum average buffer width of one hundred fifty feet (150') on each side, with a streamside zone of thirty-five feet (35'), a middle zone of ninety feet (90') and an outer zone of twenty-five feet (25').
C. The stream buffer shall be composed of three distinct zones on each side of the stream, with each zone having its own set of allowable uses and vegetative targets as specified in this Article. No permanent structures or impervious areas are permitted in the stream buffer, except as provided by Sec. 7.05.006B.
1. Streamside Zone
2. Middle Zone
a. Protects the physical and ecological integrity of the stream ecosystem with undisturbed vegetation.
b. Begins at the stream bank of the active channel and extends thirty-five feet (35').
c. Allowable uses within this zone are highly restricted to low impact recreational uses such as walking, fishing and bird watching;
d. Stormwater monitoring activities, and utility and road crossings may be allowed when approved by the City.
3. Outer Zone
a. Protects key components of the stream with mature vegetation adapted to the region and provides distance between upland development and the streamside zone.
b. Begins at the outer edge of the streamside zone and extends a minimum of twenty-five feet (25') or any additional buffer width as specified in Section 7.05.005.B.
c. The middle zone width will be expanded to include lands with slope greater than fifteen percent (15%), where they occur.
d. The middle zone width may be varied across the development to protect specific areas while providing continuity of the buffer, so long as the overall average width of the zone is maintained as required, with the review and approval of the City.
e. Allowable uses within the middle zone are restricted to light recreation on pervious paths and trails and easements for sanitary sewers and stormwater best management practices, as approved by the City.
a. Prevents encroachment into the stream buffer and filters runoff from residential and commercial development.
b. Begins at the outward edge of the middle zone and provides a minimum width of twenty-five feet (25') between the middle zone and the nearest permanent structure.
c. Prohibits permanent structures and impervious cover, except as relates to fencing.
d. The outer zone may overlap/include side or rear yard setbacks, as may be required by this City Code.
D. If stream buffers are disturbed or destroyed during development activities, they shall be restored to original or native conditions.
E. Nothing in this section shall prohibit the placement of structures for the control and monitoring of water quality and water quantity within a stream buffer, as required by the City.
A Clear Commitment to