Chapter 13.12
RIPARIAN BUFFERS
Sections:
13.12.020 Duty to retain or establish a riparian buffer.
13.12.030 Management of a riparian buffer.
13.12.040 Development exempt from riparian buffer requirements.
13.12.050 Development authorized in a riparian buffer.
13.12.010 Definitions.
(1) “Nonpoint source pollution” means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
(2) “State waters” means and refers to the public waters and waterways of the United States and of the commonwealth of Virginia.
(3) “Riparian buffer” means an area of trees, shrubs, grasses, or a combination thereof, that is: (a) at least 50 feet in width, (b) adjacent to wetlands and/or state waters, (c) managed to maintain the integrity of stream channels and shorelines, and (d) reduces the effects of upland sources of pollution through the infiltration of runoff and filtering of pollutants. A managed lawn adjacent to state waters does not constitute a riparian buffer.
(4) “Wetlands” means areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act. (Ord. 2007-20).
13.12.020 Duty to retain or establish a riparian buffer.
(1) Except as otherwise provided in Division I of this title, any land adjacent to state waters, wetlands adjacent to these state waters, and/or isolated wetlands shall provide buffers for the purposes of retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff into these waters.
(2) A required riparian buffer shall be no less than 50 feet wide on each side of the public waterway. In the case of a stream, the buffer shall be measured horizontally from and perpendicular to the top of the stream bank on each side.
(3) Existing riparian buffers shall be retained, except as allowed in SCC 13.12.040.
(4) Each required riparian buffer shall be incorporated into the design of the land development and included and maintained as part of the stormwater management inspection and maintenance agreement for the project.
(5) Within a required riparian buffer, no indigenous vegetation shall be disturbed or removed, except as follows:
(a) Activities pertaining to the management of the riparian buffer, identified in SCC 13.12.030;
(b) Development activities authorized in a riparian buffer, identified in SCC 13.12.050;
(c) Other activities authorized in SCC 13.12.050; and
(d) Tilling, planting or harvesting of agricultural crops.
(6) With respect to developments that are required to have an approved site plan, and involving land containing existing and/or required riparian buffers, contour lines shall be shown at two-foot intervals. Where any proposed development requires an approved plan other than a site plan, the location of existing and required riparian buffers shall be shown on such plan. (Ord. 2014-09; Ord. 2007-20).
13.12.030 Management of a riparian buffer.
Each riparian buffer required to be established or maintained pursuant to Division I of this title shall be managed as part of the stormwater facility management agreement and as provided herein:
(1) The target vegetative cover in a riparian buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(2) Within 25 feet of the top of the state waters bank and land classified as wetlands:
(a) Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
(b) Dead, diseased, and dying trees may be removed;
(c) Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
(d) Removal or pruning of invasive shrub and vine species is allowed; provided, that such removal or pruning is done in a manner that prevents erosion;
(e) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of SCC 13.12.050; and
(f) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(3) Beyond 25 feet from the top of the public waterway bank to the limits of the required buffer:
(a) Dead, diseased and dying trees may be removed;
(b) Trees six inches in diameter or greater, measured 48 inches from the ground, shall be preserved;
(c) Removal or pruning of invasive shrub and vine species shall be allowed; provided, that such removal or pruning is done in a manner that prevents erosion;
(d) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of SCC 13.12.050; and
(e) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(4) Where an existing structure (i.e., building, street, road, bridge, etc.) is located within the buffer, vegetation, not including the ground cover, can be removed within 15 feet of the structure. Removal of additional vegetation can be allowed if required by state or federal requirements or if necessary for the health, safety or welfare of the city’s citizens and approved by the administrator. (Ord. 2009-09; Ord. 2007-30; Ord. 2007-20).
13.12.040 Development exempt from riparian buffer requirements.
The following types of development shall not be required to retain, establish or manage a riparian buffer; provided, that the requirements of this section are satisfied:
(1) The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Code of Virginia, including Section 62.1-44.15:51 et seq., or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board.
(2) The construction, installation and maintenance by public agencies of water, sewer, electric and gas lines, including lines constructed by private entities for dedication to public agencies; provided, that:
(a) To the extent practical, the location of such lines shall be outside required riparian buffer areas;
(b) No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and
(c) Construction, installation and maintenance of such lines shall comply with applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality. (Ord. 2014-09; Ord. 2007-20).
13.12.050 Development authorized in a riparian buffer.
If otherwise authorized by applicable provisions of SCC Title 18, the following land development activities shall be allowed in a riparian buffer area; provided, that the requirements of this section are satisfied and performance standards established by the administrator are met:
(1) A building or structure which existed on the date of adoption of Division I of this title may continue at such location. However, nothing in this section authorizes the continuance, repair, replacement, expansion or enlargement of such building or structure except as authorized by SCC Title 18.
(2) On-site or regional stormwater management facilities, and temporary erosion and sediment control measures; provided, that:
(a) To the extent practical, the location of such facilities shall be outside the riparian buffer;
(b) No more land shall be disturbed than is necessary to provide for construction and maintenance of the facility;
(c) The facilities are designed and constructed so as to minimize impacts to the functional value of the riparian buffer and to protect water quality; and
(d) Facilities located within a floodplain must adhere to floodplain regulations and be designed and located, to the extent practical, to maintain their water quantity and/or water quality control value during flood conditions.
(3) Water-dependent facilities, passive recreation access (such as unpaved pathways and trails), historic preservation, and archaeological activities; provided, that all applicable federal, state, and local permits are obtained.
(4) Development in a riparian buffer, where authorized by the administrator in the circumstances described below, may be allowed if a mitigation plan is submitted to and approved by the administrator, in compliance with Division I of this title, as follows:
(a) On a lot which was of record prior to the date of adoption of Division I of this title, if:
(i) Establishment or preservation of the riparian buffer would result in the loss of a building site, and there are no other available building sites outside the riparian buffer on the lot; or
(ii) The proposed development consists of redevelopment not exceeding the current level of encroachment resulting from existing improvements; or
(iii) The proposed development is for construction of an accessory building or structure permitted by SCC Title 18; provided, that such accessory building or structure must be located within the first 25 landward feet of the buffer; and provided further, that the footprint of any such accessory building or structure shall not exceed 200 square feet;
(b) On a lot on which development within the riparian buffer will consist of an ecological/wetland restoration project;
(c) On a lot on which the development in the riparian buffer will consist of the construction and maintenance of a driveway or roadway, and the administrator determines that the riparian buffer would prohibit reasonable access to a portion of the lot which is necessary for reasonable use of the lot;
(d) On a lot on which the development in the riparian buffer will consist of the construction and maintenance of a paved pathway or trail not exceeding five feet in width;
(e) On a lot which was of record prior to the date of adoption of Division I of this title, on which development within the riparian buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the administrator determines that the riparian buffer would prohibit the practicable development of such facilities or systems. (Ord. 2009-09; Ord. 2007-20).
13.12.060 Mitigation plan.
Each owner seeking to develop in a riparian buffer pursuant to Division I of this title shall submit to the administrator for review and approval a mitigation plan as follows:
(1) The owner shall submit a mitigation plan that satisfies the applicable requirements of Division I of this title; the required fee, as set forth within the most recent fee schedule approved by city council; and a certification stating that all requirements of the approved plan will be complied with.
(2) The mitigation plan shall be reviewed by the administrator to determine whether it complies with the requirements of this section and all other requirements of Division I of this title. The administrator shall approve or disapprove a mitigation plan within 30 days of the date that a complete plan was accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved, the reasons for such disapproval shall be stated in the decision.
(3) Each mitigation plan shall:
(a) Identify the impacts of proposed development on water quality and lands within the riparian buffer;
(b) Identify the alternatives to development in the riparian buffer that have been explored by the applicant;
(c) Ensure that, where development does take place within a riparian buffer, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of the riparian buffer;
(d) Demonstrate and assure that development will be conducted using best management practices;
(e) Specify mitigation which will address water quality and riparian buffer impacts; and
(f) Contain other information requested by the administrator.
(4) Each mitigation plan shall be evaluated by the administrator based on the following criteria:
(a) Whether all reasonable alternatives to development in the riparian buffer have been explored and exhausted;
(b) Whether the development in the riparian buffer is the minimum necessary and is to be conducted in a manner that will be least disruptive to the natural function of the riparian buffer; and
(c) Whether best management practices will effectively mitigate adverse impacts from the encroachment on the riparian buffer and its natural functions. (Ord. 2007-20).
13.12.070 Inspections.
The administrator shall inspect any land subject to establishing a riparian buffer to ensure that the buffers are installed in accordance with the provisions of Division I of this title. (Ord. 2007-20).