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section, fences, landscaping and unauthorized fill do not constitute development" to <br />warrant exclusion from the /WP overlay zone. Graded and graveled areas are exempt <br />under these provisions only when they were constructed prior to May 24, 1995, and <br />only if they were constructed as an essential component of the development of the <br />site. The 3 components of the /WP area are described and defined as follows: <br />(1) The area within the channel lints of a water feature (from top of high bank to <br />top of high bank). For a given stream, river, channel, or pond, the top of the <br />bank is the highest point at which the bank meets the grade of the surrounding <br />topography, characterized by an abrupt or noticeable change from a steeper <br />grade to a less steep grade, and, where natural conditions prevail, by a <br />noticeable change from topography or vegetation primarily shaped by the <br />presence and/or movement of the water to topography not primarily shaped by <br />the presence of water. Where there is more than one such break in the grade, the <br />uppermost shall be considered the top of the high bank. <br />(2) Buffer setback areas are measured horizontally from the top of the high bank or <br />from the line of ordinary high water. The planning director shall determine <br />whether the buffer is measured from the top of the high bank or from the line of <br />ordinary high water. <br />(a) Where possible, the buffer setback is measured horizontally from the top <br />of the high bank of the water feature, as defined above. Buffer setback <br />distances measured from the top of the high bank are as follows: <br />Minimum Buffer Setbacks from Tot) of Bank <br />Water Feature Buffer setback <br />Perennial, within floodway 60 feet <br />Perennial, outside floodway 40 feet <br />Intermittent or seasonal 20 feet <br />(b) If the top of the high bank is not identifiable, or if it has been significantly <br />altered through channel reconfiguration or other enhancements consistent <br />with the provisions of this overlay zone and applicable natural resource <br />special standards (EC 9.2530 Natural Resource Special Standards the <br />buffer setbacks are measured horizontally from the 'line of ordinary high <br />water. In a given stream, pond, or other water body, the line of ordinary <br />high water is the line on the bank or shore to which seasonal high water <br />rises annually. Identified in the field by physical characteristics that <br />include one or more of the following: <br />1. A clear, natural line impressed on the bank. <br />2. Changes in the characteristics of soils. <br />3. The presence of water -borne litter and debris. <br />4. Destruction of terrestrial vegetation. <br />If reliable water level data are available for 3 or more consecutive previous <br />years, the line of ordinary high water can be considered the mean of the highest <br />Ordinance - 166 <br />