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:
PERENNIAL STREAM
A stream that flows continuously throughout the year in most
years.
STREAM
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.
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.
(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.