Chapter 1151: Riparian Buffer Regulations


Cross references

  • Hillside protection - see P. & Z. Ch. 1152

1151.01   Intent

In addition to the applicable provisions stated in Section 1105.03, it is the intent of these regulations to achieve the following objectives:

  1. (a) Limit impact of land uses on rivers in order to preserve and conserve the quality, purity, clarity and free-flowing condition of streams;

  2. (b) Maintain natural water temperatures, preserve aquatic and terrestrial plant and animal habitat;

  3. (c) Prevent erosion of stream banks, lessen the level of siltation of stream waters; and

  4. (d) Preserve valuable water resources in the interest of present and future generations.
    (Ord. 2019-39. Passed 8-13-19.)

1151.02   Establishment of buffer area setback and boundary

The buffer area setback shall be maintained along both sides of stream channels which have a mean surface width at normal low water of at least ten feet or greater and wetlands as defined by the Army Corps of Engineers and the United States Environmental Protection Agency (E.P.A.). The minimum boundary of the buffer area setback shall be set at 120 feet in a horizontal plane outward from the normal low water mark of the stream channel. It shall be preserved in its natural state and shall be adjusted outward to include sensitive areas such as steep slopes, wetlands and wooded areas contiguous to the stream.
(Ord. 2019-39. Passed 8-13-19.)

1151.03   Permitted uses

Use or activities shall not significantly affect the natural quality of the area and are limited to the following:

  1. (a) Passive recreational uses such as hiking, fishing, etc.

  2. (b) Only damaged or diseased trees or those that the Administrator has determined to be in imminent danger of being uprooted or falling in or along the stream may be removed. The stump and root structure of trees on the stream bank shall be left in place to retard bank erosion.
    (Ord. 2019-39. Passed 8-13-19.)

1151.04   Supplemental regulations

  1. (a) The buffer area setback described above shall be overlays to the existing underlying districts as shown on the official Zoning Map of the Municipality, and as such, the provisions for the riparian buffer area setbacks shall serve as a supplement to the underlying district provisions.

  2. (b) Where there happens to be any conflict between the provisions or requirements of any buffer area and those of any underlying district, the more restrictive provisions and/or those pertaining to the flood plain buffer area setback shall apply.

  3. (c) In the event any provision concerning a flood plain buffer area setback is declared inapplicable as a result of any legislative or administrative actions, or judicial declaration, the basic underlying district provision shall remain applicable.
    (Ord. 2019-39. Passed 8-13-19.)