(Ordinance 2021-07-47 adopted 7/6/21)
The following standards are voluntary to residentially zoned land with creeks and associated tributaries. If any standard listed below is found to be in conflict with another standard, the stricter of the two shall apply.
The Comprehensive Plan included a recommendation to protect and enhance the floodway and floodplain areas and encourage the incorporation of open space. The purpose of this section, through the use of incentives, is to encourage the use of buffers along creeks and tributaries to achieve the following:
(A) 
Reduce erosion;
(B) 
Preserve habitat;
(C) 
Increase neighborhood open space;
(D) 
Create unique neighborhoods; and
(E) 
Minimize impacts to citizen safety and property.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
By allowing the Voluntary Buffer Area to remain undisturbed, residential developments receive a density bonus for the remaining portion of the property.
(B) 
Area may be counted toward open space requirements.
(C) 
Other benefits may include avoiding costly and lengthy permit processes and studies by the U.S. Army Corps of Engineers, and incorporation of desirable open space thereby increasing the property value.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Riparian buffer and Riparian Buffer Map.
Riparian buffers shall be provided as identified by the Director. The Director shall establish and maintain a Riparian Buffer Map. The total buffer width shall be divided equally on both sides of the tributary and in addition to the Erosion Hazard Setback (EHS) in the City's Engineering Design Standards (if applicable).
(B) 
Major creeks.
Major Creek buffers shall be one hundred (100) feet measured from the EHS on both sides of the creek.
(C) 
Supplemental area.
(1) 
Tributaries and major creeks also may include other areas to be preserved, identified through any Army Corps of Engineers Section 404 Permit Process.
(2) 
The Director may also consider supplemental information when making a determination of buffer width or the requirement for a buffer, such as but not limited to:
a. 
Field verification;
b. 
Aerial photography; and/or
c. 
A determination by the U.S. Army Corps of Engineers or a qualified environmental scientist of the presence or absence of jurisdictional wetlands and waters of the United States.
(Ordinance 2021-07-47 adopted 7/6/21)
(A) 
Standards.
(1) 
Only developable land (i.e., Net Acreage, Subdivision) within the buffer shall be considered for the density bonus.
(2) 
The density bonus shall be equal to the base number of dwelling units that could have been built within the buffer area plus an additional fifteen (15) percent.
a. 
The base number of dwelling units permitted shall be found within 4.10.06 Base Zoning District's Net Dwelling Unit per Acre (DUA).
b. 
The resulting number of dwelling units shall be rounded to the nearest whole number.
(3) 
All the bonus housing units shall comply with the following conditions:
a. 
Parallel Street along the voluntary buffer area shall contain street trees according to Figure 4.02.10.2: Residential Street, Rear Entry;
b. 
Alley served houses; and
c. 
No homes shall back to the buffer.
(4) 
In zoning districts that require open space, the buffer can be used to count towards the open space requirement.
(5) 
The Director, or designee, must confirm the area of the developable land.
(6) 
The following criteria shall also apply:
a. 
Buffers shall be shown on all development and construction plans;
b. 
Buffers are in addition to the required EHS as called out in the Engineering Design Standards as they stand or may be modified; and
c. 
The boundaries of the buffer area shall be clearly marked in the field for the duration of the land disturbing activities on the property, and shall be submitted with the Preliminary Plat with Global Positioning System (GPS) coordinates showing the extent of the buffer.
(B) 
Permitted uses and activities.
(1) 
Repair, replacement or improvement of utility facilities; however, the disturbed portion of the buffer and/or stream shall be restored to City specifications.
(2) 
Non-native vegetation is removed from the buffer area and replaced with native vegetation as approved by the Director.
(3) 
Stream, wetland, and riparian enhancement or restoration project.
(4) 
Structures or actions permitted through NWP 40, Agricultural Activities.
(5) 
Routine repair and maintenance of structures, roadways, driveways, utility facilities, accessory uses and other development.
(6) 
Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or City Code of Ordinances.
(7) 
Any action taken by the City in an emergency to mitigate an existing or potential hazard.
(C) 
Prohibited uses and activities.
(1) 
Land disturbing activity not authorized by a Letter of Permission by the Director and Director of Engineering Services.
(2) 
Uncontained and contained areas of hazardous materials handling areas for the receiving and storage of hazardous waste.
(D) 
Exempted standards.
Developments complying with the standards of this section shall be exempt from the requirements within Subsection 4.01 Tree Preservation Requirements.
(E) 
Criteria for approval.
(1) 
Voluntary buffer recommendation.
The Director and the Director of Engineering Services shall recommend approval of the proposed development when the applicant demonstrates the land development activity is in compliance with the following requirements:
a. 
The buffer has been properly identified and indicated on the required development plans;
b. 
The land development activity will not cause damage to the buffer;
c. 
Acceptance of an approved restoration plan (if applicable as determined by the Director);
d. 
If jurisdictional wetlands are determined to be present by the U.S. Army Corps of Engineers or a qualified wetland delineator and would be impacted by the proposed project, a Section 404 Permit or Letter of Permission from the Corps shall be required before approval; and
e. 
The approval shall expire when the development plans expire.
(2) 
Voluntary buffer approval.
The Planning & Zoning Commission shall approve, deny, or approve with conditions the proposed development based on the criteria listed in subsection (E)(1)a through (E)(1)e.
(Ordinance 2021-07-47 adopted 7/6/21)