[HISTORY: Adopted by the Township Council
of the Township of Logan 2-6-2007 by Ord. No. 2-2007. Amendments noted where
applicable.]
In recognition of the fact that the natural
features contribute to the welfare of residents, the following regulations
have been enacted to provide reasonable controls governing the restoration,
conservation, disturbance, and management of existing riparian buffers
for all perennial and intermittent streams and all lakes and ponds
in the municipality by establishing designated riparian buffer conservation
zones.
For the purposes of this chapter, the following
definitions shall apply:
A stream with a drainage area of 50 acres or greater.
A stream that flows continuously throughout the year in most
years.
A natural water course containing flowing water for at least
part of the year.
In addition, the specific purposes and intent
of this chapter are to:
A.
Reduce the amount of nutrients, sediments, organic
matter pesticides, and other harmful substances that reach watercourses,
wetlands, subsurface water bodies by using scientifically proven processes
including filtration, deposition, absorption, plant uptake, biodegradation,
denitrification and by improving infiltration, encouraging sheet flow,
and stabilizing concentrated flows;
B.
Improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses, along with sustaining diverse population of
aquatic flora and fauna;
C.
Regulate the land use, siting and engineering of all
development to be consistent with the intent and objectives of this
chapter, accepted conservation practices, and to work within the carrying
capacity of existing natural resources;
D.
Assist in the implementation of pertinent state laws
concerning erosion and sediment control practices;
E.
Conserve the natural features important to the land
and water resources (e.g., headwater areas, groundwater recharge zones,
floodway, floodplain, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and underdeveloped
land;
F.
Work with floodplain, steep slope, and other ordinances
that regulate environmentally sensitive areas to minimize hazards
to life, property, and riparian features;
G.
Conserve natural, scenic, and recreation areas within
and adjacent to riparian areas for the community's benefit.
A.
Definition. The Riparian Buffer Conservation Zone
is defined as: areas surrounding municipally designated surface water
bodies including creeks, lakes and intermittent watercourses that
intercept surface water runoff, wastewater, subsurface flow, and/or
deep groundwater flows from upland sources and function to remove
or buffer the effects of associated nutrients, sediment, organic matter,
pesticides, or other pollutants prior to entry into surface waters.
This area may also provide wildlife habitat, control water temperature,
attenuate flood flow, and provide opportunities for passive recreation.
This buffer area may or may not contain trees and other native vegetation
at the time of this chapter's enactment.
B.
Establishment.
(1)
The establishment of the Riparian Buffer Conservation
Zone applies to the following areas which are identified on the Municipal
Riparian Buffer Map;
(2)
The measurement of the riparian buffer conservation
zone shall extend a minimum of 75 feet from each defined edge of an
identified watercourse or surface water body at bank full flow or
level, or shall equal the extent of the one-hundred-year floodplain,
whichever is greater. The district will consist of two distinctive
zones designated as:
(a)
Zone One.
[1]
This zone will begin at each edge of an identified
waterway (which can include wetlands and intermittent watercourses)
and occupy a margin of land with a minimum width of 25 feet measured
horizontally on a line perpendicular to the edge of water at bank
full flow.
[2]
Where steep slopes (in excess of 25%) are located
within 25 feet of a municipally designated watercourse, Zone One shall
extend the entire distance of the sloped area. If the distance of
this sloped area is greater then 75 feet, there will be no requirement
for the establishment of Zone Two. If the distance is less than 75
feet, the width of Zone Two will be adjusted so that the total buffer
width (Zone One and Zone Two) will be 75 feet maximum.
(b)
Zone Two.
[1]
This zone will begin at the outer edge of Zone
One and occupy a minimum width of 50 feet in addition to Zone One.
[2]
Where the one-hundred-year floodplain extends
greater than 75 feet from the waterway, Zone One shall remain a minimum
of 25 feet wide, and Zone Two shall extend from the outer edge of
Zone One to the outer edge of the one-hundred-year floodplain.
(3)
Width determination. The developer, applicant or designated
representative shall be responsible for the initial width determination
of the riparian buffer and identifying this area on any plan that
is submitted to the municipality for subdivision, land development
or other improvements that require plan submissions or permits. This
initial determination shall be subject to review and approval by the
municipal engineer, governing body, and/or its appointed representative(s).
The following uses are permitted, either by
right or after review and approval by the municipality in the Riparian
Buffer Conservation Zone.
A.
Zone One.
(1)
Uses permitted by right. Open spaces uses that are
primarily passive in character shall be permitted to extend into the
area defined as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parklands,
and reforestation in compliance with the guidelines of the riparian
buffer management plan;
(b)
Stream bank stabilization in compliance with
the guidelines of the riparian buffer management plan.
(2)
Uses requiring municipal review and approval: buffer
crossings by farm vehicles and livestock, recreational trails, roads,
railroads, centralized sewer and/or water lines, and public utility
transmission lines; provided that any disturbance is offset by buffer
improvements identified in the riparian buffer management plan.
B.
Zone Two.
(1)
Uses permitted by right. The following uses which
are primarily passive in character shall be permitted by right to
extend into the area defined as Zone Two:
(a)
Open spaces uses including wildfire sanctuaries,
nature preserves, forest preserves, passive areas of public and private
parklands, and recreational trails;
(b)
Reforestation in compliance with the guidelines
of the riparian buffer management plan;
(c)
Minimum required front, side, and rear yards
on private lots; provided that no yard may extend into Zone two more
than half the distance between the outer boundaries of Zone One and
Zone Two;
(d)
Agricultural uses existing at the time of adoption
of the ordinance codified in this chapter.
(2)
Uses requiring municipal review and approval.
(a)
New agricultural uses;
(b)
Buffer crossings by farm vehicles and livestock,
roads, railroads, centralized sewer and/or water lines, and public
utility transmission lines; provided that any disturbance, is at a
minimum, offset by buffer improvements identified in the riparian
buffer management plan;
(c)
Centralized sewer and/or water lines and public
utility transmission lines running along the buffer; provided that
any disturbance is, at a minimum, offset by buffer improvements identified
in the riparian buffer management plan. These lines shall be located
as far from Zone One as practical;
(d)
Selective cutting of trees when removal is consistent
with approved standards in the riparian buffer management plan;
(e)
Areas such as camps, campgrounds, picnic areas
and golf courses. Active recreation areas such as ball fields, playgrounds,
and courts; provided these uses are designed in a manner that will
not permit concentrated flow;
(f)
Naturalized stormwater basins in compliance
with the guidelines in the riparian buffer management plan. The entire
basin shall be located a minimum of 50 feet from the defined edge
of identified watercourses.
