§ 20-411. Placement of structures.

(a)

For lots created on or after May 14, 2007, a buffer strip shall be maintained abutting all wetlands. All existing vegetation adjacent to a wetland shall be left undisturbed and applied toward the buffer strip unless otherwise approved by the WCA agent or city council. Buffer strip vegetation shall be established and maintained in accordance with the following requirements. If the buffer strip is disturbed, native plant species shall be selected from wetland and upland plants to provide diverse habitat for various species of wildlife. Buffer strips shall be identified by permanent monumentation acceptable to the city. A minimum of one wetland buffer monument is required per lot abutting the wetland edge. The maximum spacing between monuments is 300 feet.

(b)

The following table provides the minimum standards required for each wetland classification.

Wetland Classification	Principal Structure Setback from Buffer Edge (feet)	Accessory Structure Setback from Buffer Edge (feet)	Permanent Buffer Strip Minimum Width (feet)	Percent of Buffer Strip in Native Vegetation
Outstanding	50	50	50	100%
Preserve	40	20	40	100%
Manage 1	30	15	25	100%
Manage 2	30	15	20	Over 50%
Manage 3	30	15	16.5	Over 50%

 

Manage 3 Wetland

(c)

For lots created on or after May 14, 2007, principal structures and accessory structures shall maintain minimum setbacks from the wetland buffer as outlined in subsection 20-411(b).

(d)

If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before May 14, 2007, the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved.

(e)

For lots of record before May 14, 2007, property owners may establish wetland buffer strips in compliance with subsection 20-411(b) in exchange for a decreased setback for structures. A wetland buffer agreement describing the precise location and extent of the buffer strip, as well as the restrictions for activities within the buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication.

Following the recording of the wetland buffer agreement with the county recorder's office, accessory structures may be placed within the last 20 feet or 50 percent of the existing principal structure wetland setback, whichever is less.

(f)

In addition to the requirements above, wetland buffer strips for wetland mitigation areas and those counted as public value credit (PVC), shall also conform to the minimum standards as set forth by the Wetland Conservation Act.

(g)

The locations of buffer strips and wetland setbacks shall be surveyed and included on the certificate of survey. A certificate of occupancy shall not be issued unless this task is completed and approved by city staff.

(h)

Retaining walls and fences may be located within wetland setbacks. Neither retaining walls and fences nor the land alteration that takes place as part of construction shall encroach into the required buffer strips.

(Ord. No. 449, § 2, 5-14-07)