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The Stream Corridor shall consist of the Stream and all lands adjacent to the Stream on both sides for the minimum distance from the Ordinary High Water Mark specified below:

Stream Tributary Area

*Minimum distance from Ordinary High Water Mark to the limit of Stream Corridor on each side

Less than 25 acres

15 feet (See 17.06.050(B))

Including 25 acres up to 40 acres

30 feet (See 17.06.050(C))

Including 40 acres up to 160 acres

60 feet

Including 160 acres up to 5000 acres

100 feet

5000 acres and greater

120 feet

*Distances in excess of the minimum may be required as indicated in 17.06.060(A).

(A) Stream Corridor shall be designated along Streams with a Tributary Area for drainage of 40 acres or more with the following exceptions:

(1) Streams of less than 300 feet in length measured along the center of the Active Stream Zone and which are between portions of an existing Storm Sewer System may be enclosed within a pipe or box structure.

(2) Streams adjoining an existing Storm Sewer System may be enclosed within a pipe or box structure, if the application of this Chapter would otherwise leave a Stream remnant less than 300 feet in length measured along the center of the Active Stream Zone.

(B) Streams with Tributary Areas less than 25 acres may construct a Storm Sewer System in accordance with Chapter 17.06 and 17.10. If a Storm Sewer System is not constructed, a Stream Corridor shall be designated which may be variable in width but is generally not less than 15 feet from Ordinary High Water Mark to the limit of the Stream Corridor on each side. The actual corridor width shall be adequate to provide for: Stream geomorphology, Stream bank stability, preservation of tree canopy, flood control and maintenance access.

(C) Streams with Tributary Areas including 25 acres up to 40 acres may construct a Storm Sewer System in accordance with Chapters 17.06 and 17.10. If a Storm Sewer System is not constructed, a Stream Corridor shall be designated which may be variable in width but is generally not less than 30 feet from Ordinary High Water Mark to the limit of the Stream Corridor on each side. The actual corridor width shall be adequate to provide for: Stream geomorphology, Stream bank stability, preservation of tree canopy, flood control and maintenance access.

(D) Stream Corridors shall be terminated when a Stream Discharges into a Wet-bottom basin and shall resume at the outlet from the Wet-bottom basin.

(E) Stream Corridor designation is not required for manmade ditches within street right-of-¬way.

(F) Stream Corridor designation is not required for construction projects which are undertaken to explicitly protect existing buildings or property from flooding and/or Erosion caused by actions such as Channel migration or bank instability.

(G) Regardless of the Stream or Stream Corridor size, buildings must maintain a minimum distance of 40 feet from the Ordinary High Water Mark of a Stream.

All Developments, which do not dedicate a Stream Corridor in accordance with this Chapter, shall construct Storm Sewer Systems to meet the requirements of Municipal Code Chapters 17.06 and 17.10. In the event an approved Development plan showing the construction of a Storm Sewer System cannot obtain a permit from the appropriate State or federal agency or agencies, the Property Owner is required to comply with this Chapter and reapply for a preliminary plan, preliminary Plat, special use permit or rezoning, as appropriate. (Ord. 09-25 § 2, 2009.)