§ 62-38. Design standards for wetlands protection zones

The following special design standards apply to wetlands protection zones (comprehensive plan, objective 11.A.1):

(1) Wherever possible, natural buffers shall be retained between all development and all protected environmentally sensitive zones. If a natural buffer does not exist, an equivalent buffer shall be created. The size of the buffer shall be the minimum necessary to prevent significant adverse effects on the protected environmentally sensitive area. The factual basis of the decision as to the size of the buffer shall be stated as a finding in the written record.

(2) The developer shall completely restore any portion of a protected environmentally sensitive zone damaged during construction. Complete restoration means that the damaged area shall, within five years, be operating as effectively as the natural system did prior to being destroyed.

(3) Other reasonable protective measures necessary to prevent significant adverse effects on a protected environmentally sensitive zone may be required. The factual basis of the decision to require the measure be stated as a finding in the written record. Protective measures may include, but are not limited to:

a. Maintain natural drainage patterns.

b. Limiting the normal removal of vegetation to the minimum necessary to carry out the development activity.

c. Expeditiously replanting denuded areas.

d. Stabilizing banks and other unvegetated areas by siltation and erosion control measures.

e. Minimizing the amount of fill used in the development activity.

f. Disposing of dredged spoil at specified locations in a manner causing minimal environmental damage.

g. Constructing channels at the minimum depth and width necessary to achieve their intended purposes and designing them to prevent slumping and erosion and allow revegetation of banks.

h. Dredging wetlands at times of minimum biological activity to avoid periods of fish migration and spawning and other cycles and activities of wildlife.

i. Designing, locating, constructing and maintaining all development in a manner that minimizes environmental damage.

j. Prohibiting septic tanks or locating them away from high groundwater areas and peaty soils.

k. Using deed restrictions and other legal mechanisms to require the developer and successors to protect the environmentally sensitive areas and maintain the development.

(Ord. No. 91-03, § 1.02(11.01.09), 1-29-91)

refcross

Development standards, ch. 70; subdivision design standards, § 78-121 et seq.; zoning and land use regulations, ch. 82.