<div class="chunk-title">Sec. 4.10 - Preservation and stormwater control measures for water areas.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Intent</span>. It is the intent of this article both to safeguard existing and potential development
               in appropriate locations and to preserve and promote a desirable ecological balance.
               Insofar as is reasonably practicable, subdivisions shall, therefore, be located, designed
               and improved to:
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               (i)
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               Preserve important natural water areas and related vegetation and wildlife habitats;
               </p>
            		
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               (ii)
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               Avoid creation of upstream impoundments or downstream runoff harmful to such complexes
               or to existing or potential development in appropriate locations; and
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               (iii)
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               Maintain desirable groundwater levels.
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               (b)
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               <span class="ital">Maintenance of Natural Watercourses.</span> Standards for maintenance of natural watercourses are as provided herein.
               </p>
            		
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               (i)
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               Where a proposed subdivision is traversed by or includes in whole or in part a natural
               watercourse, as defined herein, the following requirements shall apply:
               </p>
            		
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               1)
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               Such natural watercourse shall be maintained in its natural state except for those
               vehicular or utility crossings which are necessary and deemed unavoidable by the approving
               authority;
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               2)
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               Bordering lands within 30 feet of the edge of any natural watercourse shall be maintained
               in a naturally vegetated and unaltered state;
               </p>
            		
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               3)
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               Bordering lands likely to be inundated at the period of high water during periods
               of rainfall of ten-year return frequency shall be maintained in a naturally vegetated
               and unaltered state;
               </p>
            		
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               4)
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               Any area designated as a floodway on the most recently adopted flood insurance rate
               map for the County shall be maintained in a naturally vegetated and unaltered state;
               </p>
            		
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               5)
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               Any area designated as a special flood hazard area inundated by the 100-year flood
               on the most recently adopted flood insurance rate map for the County shall be designated
               as open space on any plat for a Level 1 or Level 2 major subdivision. It shall not
               be necessary that it be maintained in a naturally vegetated and unaltered state except
               as required by subsection 4) of this section.
               </p>
            		
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               6)
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               Any other suitable protective strips deemed necessary by the Planning Director shall
               be protected.
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               (ii)
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               The Planning Director and/or his/her designee, as a condition for plat approval, may
               make such requirements as are reasonable for the protection of such areas, including
               the following:
               </p>
            		
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               1)
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               The Planning Director may require that streets and/or parkways shall border such areas,
               setting them apart from residential or other intensive uses; or
               </p>
            		
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               2)
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               The Planning Director may require that all or part of such area shall be platted as
               part of residential or other lots.
               </p>
            		
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               (iii)
               </p>
            		
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               In making decisions concerning such requirements, the Planning Director shall consider
               topography, drainage patterns, soil types, character of existing and potential upland
               uses, ground cover, erosion control requirements, character of the area to be protected,
               the adequacy of proposed filter areas, and the like.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
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               The development area for any lot shall be delineated on subdivision plats. Those areas
               described in Section(b)(i) above shall not be included in the area of any lot intended
               for development and shall be set aside for the common use and enjoyment of occupants
               of the subdivision, and arrangements for maintenance by a property owners' association,
               management group or other acceptable arrangement shall be made. These areas shall
               be designated for permanent protection on the subdivision plat and recorded deeds,
               with appropriate recorded deed restrictions for the use and protection of these areas
               stipulated, and all management responsibilities set forth in property owners' association
               bylaws or other appropriate and binding documents for the development.
               </p>
            		
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               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Changes in Location or Extent of Significant Natural Waterways and Water Areas</span>. The Planning Director may approve plats depicting changes in the location or extent
               of significant natural waterways and/or water areas only in the following circumstances:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               When necessary to accommodate unavoidable vehicular or pedestrian crossings;
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
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               When such changes will not adversely affect desirable ecological conditions, drainage
               or water retention or result in undesirable location or amount of upstream impoundment
               or downstream discharge; and
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The subdivider has obtained all necessary state and federal permits.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
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               No-rise certifications shall be required where regulatory floodways are concerned.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Minor Incursion for Recreational Purposes</span>. Minor incursions into areas protected under this section may be permitted for the
               purpose of providing pedestrian and bicycle access for passive recreational activities.
               Such incursions shall be permitted only if shown on the preliminary and final plats
               and approved by the Planning Director.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021; Amend. of 3-1-2022, Att.)
               </p></div>