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.
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.
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.