[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:
- INTERMITTENT STREAM
- A stream with a drainage area of 50 acres or greater.
- PERENNIAL STREAM
- 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:
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;
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;
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;
Assist in the implementation of pertinent state laws concerning erosion and sediment control practices;
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;
Work with floodplain, steep slope, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features;
Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
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.
The establishment of the Riparian Buffer Conservation Zone applies to the following areas which are identified on the Municipal Riparian Buffer Map;
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:
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.
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.
This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One.
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.
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.
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:
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;
Stream bank stabilization in compliance with the guidelines of the riparian buffer management plan.
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.
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:
Open spaces uses including wildfire sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails;
Reforestation in compliance with the guidelines of the riparian buffer management plan;
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;
Agricultural uses existing at the time of adoption of the ordinance codified in this chapter.
Uses requiring municipal review and approval.
New agricultural uses;
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;
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;
Selective cutting of trees when removal is consistent with approved standards in the riparian buffer management plan;
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;
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.