§ 128-4. Establishment and width determination.

A. 

Definition. The Riparian Buffer Conservation Zone is defined as: areas surrounding municipally designated surface water bodies including creeks, lakes and intermittent watercourses that intercept surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This area may also provide wildlife habitat, control water temperature, attenuate flood flow, and provide opportunities for passive recreation. This buffer area may or may not contain trees and other native vegetation at the time of this chapter's enactment.

B. 

Establishment.

(1) 

The establishment of the Riparian Buffer Conservation Zone applies to the following areas which are identified on the Municipal Riparian Buffer Map;

(a) 

Lands adjacent to municipally designated streams within the municipality;

(b) 

Lands adjacent to municipally designated intermittent water courses within the municipality;

(c) 

Lands at the margins of municipally designated lakes.

(2) 

The measurement of the riparian buffer conservation zone shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at bank full flow or level, or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The district will consist of two distinctive zones designated as:

(a) 

Zone One.

[1] 

This zone will begin at each edge of an identified waterway (which can include wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of water at bank full flow.

[2] 

Where steep slopes (in excess of 25%) are located within 25 feet of a municipally designated watercourse, Zone One shall extend the entire distance of the sloped area. If the distance of this sloped area is greater then 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total buffer width (Zone One and Zone Two) will be 75 feet maximum.

(b) 

Zone Two.

[1] 

This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One.

[2] 

Where the one-hundred-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the one-hundred-year floodplain.

(3) 

Width determination. The developer, applicant or designated representative shall be responsible for the initial width determination of the riparian buffer and identifying this area on any plan that is submitted to the municipality for subdivision, land development or other improvements that require plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, and/or its appointed representative(s).