§ 10-4.324. Interim lake/waterbody protection zones.  


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  • It is the intent of this section to provide protection for lakes and water bodies that do not have their own special development zones established. Permitted water bodies constructed for agricultural and recreational uses, aquaculture ponds, and facilities whose sole purpose is water management for rate, volume or water quality are exempt from the requirements of this section.

    The following interim protection standards shall apply for all areas that do not have special development zones in order to obtain an environmental management permit:

    (1)

    A naturally vegetated shoreline buffer shall be maintained from the normal high water line 50 feet landward for lakes/waterbodies. For purposes of this section, normal high water line shall be defined as the ordinary high water line. Allowances may be made for access to docks, swimming areas and other riparian uses as long as vegetation removal is kept to a minimum. An approved management plan is required. The buffer shall be placed in a conservation easement for all new roads and development requiring subdivision or site and development plan approval pursuant to article VII.

    (2)

    A protection zone including the 100-year floodplain of any lake or water body is hereby established. Only five percent or 4,000 square feet (whichever is greater) of that part of the development site located within the protection zone may be disturbed, hereafter referred to as the base square footage. For purposes of calculating this base square footage, the septic tank and drainfield area will not be included and gravel driveways kept on grade will be considered as 50-percent disturbed.

    (3)

    Septic tanks, pump or lift stations shall not be placed in the lake/waterbody protection zone unless there is no reasonable alternative. No part of a septic system may be located within 75 feet of the normal high water line of a water body or jurisdictional wetland.

    (4)

    Additional cost of a project shall not be the basis of meeting the no reasonable alternative test in paragraph (3) above.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 12-07, § 7, 5-8-12)