§ 26-221. General requirements.

(a)

Water quality buffers shall be established, protected and maintained along all community waters, as set forth herein and in the county stormwater management manual, as amended, in all new developments and redevelopments requiring a stormwater management plan and/or recording of a plat.

(b)

Developments that have received approval of a stormwater management plan, or developments for which a stormwater management plan was not required prior to the effective date of this article shall be exempted from the requirements of this section.

(c)

Water quality buffer areas shall be included in the operations and maintenance plan for the development, and therefore shall be covered by covenants for permanent maintenance of stormwater facilities and best management practices. These documents shall be prepared in accordance with division 7 and the county stormwater management manual, as amended.

(d)

All areas of the water quality buffer, including streambanks, shall be left in a stabilized condition upon completion of construction activities. No actively eroding, bare or unstable areas shall remain, unless approved by the director.

(e)

The director may require permanent boundary markers, in the form of signage approved or provided by the director. Such markers shall be installed prior to recording of the final plat, and the issuance of a certificate of occupancy. The director has the authority to require replacement of permanent boundary markers that have been removed or destroyed.

(f)

Water quality buffers shall be placed into a permanent water quality easement that is recorded with the deed. For water quality buffer areas that are not publicly owned, the easement shall be held by one of the following non-governmental entities, provided that the entity meets the minimum criteria stated in the county stormwater management manual, as amended:

(1)

A viable third party such as a land trust, land management company, or utility;

(2)

A viable homeowners association.

(g)

If neither of the entities identified in subsection (f) are able to provide perpetual protection of the water quality buffer, then the property owner shall assume responsibility for maintenance and protection of the buffer area.

(Ord. No. O-07-12-101, § 2(§ 6.1), 1-28-08)