For the purpose of this Chapter, the following words and phrases shall have the following interpretation and/or meanings indicated below:
LINEAR PARK(S)
Any stream corridor, greenway or stream buffer dedicated to the City as public park land.
NATIVE OR ADAPTIVE VEGETATION
Includes native plantings that are planted in natural areas whether occurring naturally or installed by man.
It shall be unlawful for any person, other than those whose obligation it is to maintain the linear parks, to mow native or adaptive vegetation designated as public parks, except with the written permission of the Park Board.
A. 
It shall be unlawful for any person, other than those whose obligation it is to maintain the linear parks or those persons with written permission of the Park Board, to perform or authorize to be performed the following activities in linear parks:
1. 
Clear cut, selectively cut, burn or remove trees or other vegetation.
2. 
Apply or store fertilizers, pesticides, herbicides and/or other chemicals.
3. 
Grading, stripping of topsoil, plowing or cultivating.
4. 
House, graze or otherwise maintain animals.
5. 
Add soil or other materials to fill area.
6. 
Dump trash, grass clippings or other non-native materials.
7. 
Construct drains, ditches or other drainage systems to drain the buffer area.
8. 
Construct stormwater drainage systems from private property that drain into natural areas, except those designed prior to final plat approval.
9. 
Operate motor vehicles.
10. 
Construct any permanent structures including, but not limited to, storage buildings, fences, roads, driveways and fire pits.
11. 
Store hazardous or noxious materials.
12. 
Store any personal property including, but not limited to, lawn ornaments, wood piles, play sets, trampolines and other recreational amenities.
The following structures, practices and activities are permitted in the stream buffer of any linear public park with specific design or maintenance features, subject to the review and approval of the City.
A. 
Activities for the purpose of building one (1) of the following:
1. 
A driveway, transportation route or utility line crossing a stream.
2. 
Public water supply intake or public wastewater outfall structures.
3. 
Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlook.
4. 
Paved foot trails and path.
5. 
Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.
B. 
Crossings for roads, bridges and utilities:
1. 
The right-of-way should be the minimum width needed to allow for maintenance access and installation.
2. 
The angle of the crossing shall be as close to perpendicular to the stream or buffer as is practicable to minimize clearing requirements.
3. 
The minimum number of road crossings should be used within each subdivision.
C. 
Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least twenty-five (25) feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures.
D. 
Within an easement of any utility existing at the time this Chapter takes effect or approved under the terms of this Chapter, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility including, but not limited to, manholes, vents and valve structures.
E. 
Emergency work necessary to preserve life or property. However, when emergency work is performed under this Section, the person performing it shall report such work to the Public Works Director on the next business day after commencement of the work. Within ten (10) days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Public Works Director to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
F. 
Placement of structures for the control and monitoring of water quality and water quantity within a stream buffer as required by the City.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code.