Ordinance No. 20351 - Laserfiche WebLink

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Ordinance - 5 (b) For riparian corridor sites not listed in subsection (a), the /WR conservation area consists of the area within the Goal 5 Water Resource Site and the area within the applicable conservation setback. (c) The conservation setback for a particular riparian corridor or upland wildlife habitat site is determined based on whether it is a Category A, B, C, D or E stream in the Goal 5 Water Resources Conservation Plan. Conservation setbacks are measured horizontally from the top of the high bank as set out in 1., below, or, only when the top of high bank is not identifiable, from the line of ordinary high water, as set out in 2., below. 1. For conservation setback distances measured from the top of the high bank, the top of high bank is the highest point at which the bank meets the grade of the surrounding topography, characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions prevail, by a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there is more than one such break in the grade, the uppermost shall be considered the top of the high bank. Resource Conservation Setback Category A Streams 100 feet Category B Streams 60 feet Category C Streams 40 feet Category D Streams 20 feet Category E Streams no conservation setback 2. For conservation setback distances measured horizontally from the line of ordinary high water, top of high bank shall be considered not identifiable when both of the following are lacking: an abrupt or noticeable change from a steeper grade to a less steep grade, and a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. In a given stream, pond, or other water body, the line of ordinary high water is the line on the bank or shore to which seasonal high water rises annually identified in the field by physical characteristics that include one or more of the following: a. A clear, natural line impressed on the bank by the presence of water, flowing water or waves. b. Changes in the characteristics of soils. c. The presence of water-borne litter and debris. d. The uppermost limit of destruction of terrestrial vegetation by the presence of water, flowing water or waves. If reliable water level data are available for 3 or more consecutive previous years, the line of ordinary high water can be considered the mean of the highest water level for all years for which data is available. Conservation setback distances measured from the line of ordinary high water are as follows: Resource Conservation Setback Category A Streams 120 feet Category B Streams 75 feet Category C Streams 50 feet