Section 3-820 Disturbance of Wetland Areas and Establishment of a Wetland Setback
3-820.A. Soil Disturbance Prohibited. Soil disturbance and wetland fill within wetland areas is prohibited unless such soil disturbance is associated with the exemptions listed in Section 3-820.C. Notwithstanding the foregoing, if a variance to this requirement is requested, any approval of such variance may require mitigation of wetland fill at a 2:1 ratio.
3-820.B. Wetland Setback.
3-820.B.1. 25-foot Wetland Setback. No soil disturbance, development activity or other formal activities shall occur within twenty-five 25 feet of a wetland area, including but not limited to fences, gazebos, play equipment, wells, roadways, driveways, utilities, other infrastructure and site development activities (including but not limited to clearing, storage or materials, grading, filling, retaining, etc.) unless an activity in the wetland setback is administratively approved by the Planning Director per the criteria in Section 3-830.
3-820.B.2. 5-foot Absolute Setback to Wetlands. In no event shall soil disturbance, development activity or other formal activities be allowed within five (5) feet of a wetland area, including but not limited to: 1) buildings or structures, including but not limited to driplines, bay windows, chimneys, cantilevered construction and decks; or 2) other development or disturbance activities, including but not limited to fences, gazebos, play equipment, lawns, formal landscaped areas, wells, roadways, driveways, utilities, other infrastructure and site development activities, including but not limited to clearing, storage or materials, grading, filling, retaining, etc. The five (5) foot wetland setback areas shall only be left in, or restored back to, a natural state.
3-820.B.3. Subsurface Soil Disturbance Prohibited. Subsurface soil disturbance is also prohibited within five feet of a wetland area, including but not limited to soil nailing and other similar building devices.
3-820.C. Exemptions to Wetland Regulations.
3-820.C.1. Exemptions. Work in a wetland setback is exempt from the wetland setback requirement if the proposed activity is to:
a. Revegetate and\or landscape the wetland setback to a natural, weed-free state without extensive grading;
b. Restore wildlife habitat;
c. Maintain public trails and related facilities (bridges, signs, benches, drainage, etc.) that existed as of April 7, 2006;
d. Install or maintain Town-wide water quality protection ponds and drainage features related thereto;
e. Maintain the River Park, including but not limited to necessary dredging operations related thereto;
f. USGS or other governmental water gauges;
g. Maintain utility lines, public roads and other public facilities that are dedicated to the Town;
h. Maintain or install wetland mitigation areas;
i. Maintain existing improvements in the wetland setback that existing as of April 7, 2006; or
j. Achieve either vehicular or utility access to property, and no other access route avoiding the wetland setback is technically feasible.
3-820.C.2. Written Approval of Exemption and Potential Mitigation. For an activity to qualify as exempt, the Planning Department must issue an exemption letter for such an activity prior to commencement of the same. An applicant for an exempt activity shall be required to submit a narrative explaining the activity, and the Planning Department may require the submission of a site plan showing a wetland delineation, the proposed activities and the proposed disturbance. Even if an activity is determined to be exempt, the Planning Department may require a mitigation plan as provided for in Section 3-850 and an improvements agreement and financial guarantee in accordance with Section 3-860 to ensure that wetlands and the associated wetland setback are not adversely impacted.
3-820.D. Development Review Procedures. Unless an activity is exempt from the Wetland Regulations as provided for Section 3-820.C, the soil disturbance within the 25-foot wetland setback shall be evaluated and administratively acted on by the Planning Director. If a Certificate of Appropriateness (“CA”) is required for an activity per the provisions of Article 7, then such CA will be first obtained prior to an activity being evaluated per the Wetland Regulations to ensure there is no conflict with the HARC application of the design guidelines for the River Park Corridor Treatment Area.
3-820.E. Wetland Setback For Annexations and Planned Unit Developments. For annexation or PUDs, the Town may require a wetland setback of up to 100 feet from wetland areas, which may be reduced by the Planning and Zoning Commission per the criteria contained in Section 3-830.
3-820.F. Wetland Delineation Required. A wetland delineation shall be submitted concurrent with other applicable land use applications as required by this Title when there is a wetland area on a property, or a wetland area adjacent to a property. Such delineations shall be conducted in accordance with the 1987 edition of the Corps of Engineers Wetlands Delineation Manual. This submittal requirement shall apply to all lots that are located on or adjacent to either the San Miguel River or Cornet Creek, or other projects that have wetlands in close proximity to proposed development. Such delineation shall be prepared by a consultant approved by either the United States Army Corps of Engineers or the Town to conduct wetland delineations.