§ 26-224. Use of buffer areas.

(a)

The following uses are permitted in the inner zone of stream buffers and the wetland buffer:

(1)

Conservation uses, wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of parklands, provided that no impervious surfaces are created;

(2)

Recreational trails and greenways that are either unpaved or paved with pervious materials;

(3)

Education/scientific research that does not require any of the prohibited activities identified in subsection (d);

(4)

Stream restoration projects, facilities and activities, with prior approval of the director;

(5)

Infrastructure features such as roads, bridges, storm drainage, stormwater management facilities that are appropriate for use in a riparian zone (i.e., wetlands, buffers), and utilities, provided that they adhere to the following standards:

a.

The width of the disturbance for the feature is the minimum required to allow for maintenance and access;

b.

The angle of the buffer crossing shall be perpendicular (with up to 15 percent deviation off perpendicular) to the stream in order to minimize clearing requirements; and

c.

The number of buffer crossings is minimized, with no more than one crossing every 1,000 linear feet. The director has the authority to approve additional crossings if justified by traffic, safety, or access issues.

d.

Multiple driveway or private roadway crossings of a stream or a wetland within one development shall be prohibited, unless approved by the director after the property owner has demonstrated that the development has been planned in such a manner that driveway and private roadway crossings have been minimized to the maximum extent possible.

(b)

Access areas for utilities (e.g., manholes) that are located in the buffer area are allowed in buffer areas. Access areas must be minimized to the maximum extent possible, and shall be located no less than every 300 feet unless warranted by valid safety, access or service issues.

(c)

The following uses are permitted in the outer zone of stream buffers and in buffers surrounding lakes and ponds:

(1)

All activities that are allowable in the inner zone of stream buffers.

(2)

Yards, trails, greenways, picnic areas, and passive recreation areas as long as they do not have impervious surfaces. Passive recreation areas are defined as recreational activities that do not require hardened, impervious surfaces to be constructed, such as soccer fields without parking and other facilities, walking trails that are either unpaved or paved with permeable materials; bird watching; or hiking. Passive recreation areas do not include golf courses, ball fields that require the construction of impervious surfaces or the maintenance of open soil areas (such as baseball infields), picnic shelters or parking.

(d)

The following activities are prohibited within water quality buffers without prior approval of such activities by the director:

(1)

Spraying, filling, dumping, and animal grazing;

(2)

Use, storage, or application of pesticides, herbicides, fertilizers, or household or commercially-generated wastes;

(3)

Concentrated animal lots or kennels;

(4)

Use or storage of motorized vehicles, except for maintenance approved by the director, or emergency use;

(5)

Creation of impervious surfaces, except for those impervious surfaces that are included in approved stream crossings;

(6)

Other uses as deemed by the director to have the potential to generate higher than normal pollutant loadings.

(Ord. No. O-07-12-101, § 2(§ 6.4), 1-28-08)