§ 8.6. STREAM BUFFERS

8.6.1

Purpose

The purpose of the stream buffer requirements are to establish minimal acceptable requirements for the design of buffers to protect property adjacent to streams and floodways; to protect the water quality of watercourses, reservoirs, lakes, wetlands, and other significant water resources; to protect riparian and aquatic ecosystems; and to provide for the environmentally sound use of land resources.

8.6.2

Applicability

A.

This section shall apply to:

1.

All proposed development which includes subdivision of land; construction or alteration of structures;

2.

All existing parcels of land, structures and activities, as determined by site inspection, which are causing or contributing the following to all of the waters:

a.

Pollution, including point source and non-point pollution;

b.

Erosion or sedimentation of stream channels;

c.

Degradation of aquatic or riparian habitat.

B.

This section shall not apply to:

1.

All development which meets the waiver criteria as outlined in 8.6.6.

2.

Agricultural operations that are existing at the time of the passage of this development code or, after implementation of this development code, are determined to have no significant negative effects upon the water quality of the watercourse.

3.

The Illinois River.

8.6.3

Stream Buffer Design Standards

A.

Buffers shall be vegetated either in their natural state or using appropriate, nursery stock vegetation as noted in 8.6.11. Soil disturbance in buffer areas shall be minimized. Every attempt should be made to reduce or eliminate cut and fill activities, topsoil respread and soil compaction. Maintaining existing and/or development of buffer areas in naturally occurring soils is preferred. Where necessary, invasive species removal may be allowed prior to establishment of native vegetation.

B.

Buffers shall be designated along both sides of the stream. Buffer width is measured from the top of the stream bank and shall be based on the size of the watershed utilizing the following table (except as otherwise more specifically provided in this section):

Total Surface Area of Watershed (each side of channel)	Required Minimum Buffer Width (feet)
Less than 1 square mile	30 feet
More than 1 square mile	50 feet

 

1.

Stream buffers shall be extended to encompass the entire 100-year floodway.

2.

There shall be no septic systems, permanent structures or impervious cover, with the exception of paths and other structures otherwise permitted by this part.

3.

The buffer width shall be adjusted to include contiguous, sensitive areas, such as steep slopes (greater than 30% grade) or erodible soils, where development or disturbance may adversely affect soil erosion, water quality, streams, or other water bodies. Adjustments shall be accomplished by evaluating the potential of a site to produce impacts that result in runoff, soil erosion, and sediment transport.

8.6.4

Buffer Management and Maintenance

A.

The stream buffer, including wetlands and floodways, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within the stream buffer located on privately owned property, except with approval by the Director of Community Development.

1.

Clearing of existing native vegetation;

2.

Soil disturbance by grading, stripping, or other practices;

3.

Filling or dumping, or private drainage of sump pumps;

4.

Drainage by ditching, underdrains, or other systems;

5.

Use, storage, or application of pesticides, except for the spot spraying of noxious weeds or non-native species consistent with recommendations of the Director of Community Development.

6.

Storage or operation of motorized vehicles, except for maintenance or emergency use, approved by the Planning Director.

B.

The following structures, practices, and activities are permitted in the stream buffer located on privately owned property, with specific design and/or maintenance features, subject to the approval of the Planning Director:

1.

Flood control structures;

2.

Utility rights-of-way and facilities;

3.

Biking and hiking paths;

4.

Road crossings. Where permitted shall be generally perpendicular to the channel. The minimum number of road crossings should be used within each subdivision. An analysis needs to be conducted to ensure that no economically feasible alternative is available;

5.

Stormwater management facilities as approved by the Director of Public Works;

6.

Recreational and park uses as approved by the Director of Community Development;

7.

Selective tree and vegetation clearing as approved by the Director of Community Development;

8.

Sanitary sewers constructed towards the outside edge (greatest distance from the channel) to the extent practical.

The Director of Public Works must approve these practices and activities within City of Peoria rights-of-way. Appeals of the Director of Public Works review shall require the applicant to submit a plan through the standard Planning and Zoning Commission and City Council approval process.

C.

All plats and plans prepared for recording and all right-of-way plats under City jurisdiction shall clearly:

1.

Show the extent of any stream buffer on the subject property by metes and bounds;

2.

Show easement or access to the stream buffer area;

3.

Label the stream buffer;

4.

Provide a note to reference any stream buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Peoria within the stream buffer area."

5.

Provide a note to reference any protective covenants governing all stream buffer areas stating: "Any stream buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."

D.

In order to ensure long-term maintenance and inspection access, those areas within the buffer, if not otherwise publicly owned, must be granted to the City of Peoria as a permanent drainage, conservation, and maintenance easement and depicted on all plats of survey and development plans. Such easements shall contain the following protective development covenant and deed restriction:

"All stream buffer areas shall be maintained through a declaration of protective covenant that has been approved and executed by the Director of Community Development. The covenant shall be recorded at the Peoria County Recorder of Deeds and shall run with the land and continue in perpetuity."

E.

All lease agreements must contain a notation regarding the presence and location of protective covenants for stream buffer areas and information on the management and maintenance requirements for the stream buffer for the new property owner.

F.

An offer of dedication of a stream buffer area to the City of Peoria shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.

G.

The City of Peoria shall periodically inspect the stream buffer for evidence of sediment deposition, erosion, or concentrated flow channels and cause the responsible entity to take corrective actions to ensure the integrity and functions of the stream buffer.

H.

Stream buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the succession may be required when deemed necessary by the public works department to ensure the preservation and propagation of the buffer area. Buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.

I.

If not left in its natural state, replanting of the buffer with deep-rooted plantings from quality nursery stock, as suggested in the list in 8.6.11, shall be allowed.

J.

Structure, practices, and activities must meet good stormwater management engineering practices and the intent of this part.

8.6.5

Buffer Plan Requirements

A.

The buffer plan shall be submitted in conjunction with the required grading plan for any development; and the stream buffer, and access to it, shall be clearly delineated on the preliminary and final plats or plans and construction plans.

B.

The plan shall contain the following information. The scale of maps to be included with the analyses in items 1 through 7 should generally be one inch equals 100 feet scale. Other scales may be acceptable as approved by the Planning Director.

1.

A location or vicinity map;

2.

Field delineated and surveyed streams, bodies of water, and wetlands (include a minimum of 100 feet into adjacent properties);

3.

Limits of the ultimate 100-year floodway. The limits of the ultimate floodway, i.e., the floodway under "built-out" conditions, may not be available in all locations;

4.

Hydric soils mapped in accordance with the National Resource Conservation Service (NRCS) soil survey of the site area;

5.

Steep slopes greater than 30% for areas adjacent to and within 100 feet of streams, wetlands, or other waterbodies;

6.

A description or photograph of existing vegetation greater than six inches in diameter breast height (dbh) within the buffer;

7.

Location of permanent boundary markers.

C.

Temporary boundary markers must be in place at every property line prior to grading of the site. Permanent boundary markers shall be installed by the developer prior to the acceptance of all public improvements by the City of Peoria. Signs shall be constructed of durable, weather resistant material, permanently affixed to a post four feet in height and placed at the edge of the buffer area at every property line. Sign dimensions shall be five inches by seven inches. Signs must read "Conservation Area: No Mowing Allowed Beyond This Point. Removal of this sign will result in enforcement action."

8.6.6

Waivers

A.

This section shall apply to all proposed development, except for that development which prior to the effective date of this development code:

1.

Is covered by a valid, unexpired preliminary or final plat, unless a replat or resubdivision is undertaken;

2.

Is covered by a valid, unexpired building permit for as long as the building permit remains in effect;

3.

Has been granted a waiver of current development regulations, which would be in conflict with this section.

4.

Buildings in existence as of the effective date of this development code, which would otherwise be in violation of this section, shall be entitled to remain in their current location and design.

B.

Requests for waivers shall be submitted through the Planning and Zoning Commission and City Council. Waivers may be granted for the following:

1.

Those projects or activities where it can be demonstrated that strict compliance with this development code would result in a practical difficulty or financial hardship;

2.

Those projects or activities serving a public need where no feasible alternative is available.

3.

The buffer width may be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets or exceeds the minimum requirement and no new structures are built within the 100-year floodway.

C.

The applicant shall submit a written request for a waiver to the Director of Community Development. The application shall include specific reasons justifying the waiver and any other information necessary to evaluate the proposed waiver request. The Director of Community Development may require an alternative analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.

D.

In reviewing a request for a waiver, the Planning and Zoning Commission may require site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodways

E.

The request for waiver along with the Planning and Zoning Commission's recommendation shall be forwarded to City Council for final approval.

8.6.7

Alternative Compliance

A.

Petitioners may choose to follow the buffer standards as described above or to submit a buffer plan under the alternative compliance provisions of this section. The alternative compliance provisions are intended to give the petitioner the flexibility needed to respond to unique site issues and client needs and still meet the intent of this section.

B.

Denial by the Director of Community Development of a buffer plan submitted through the alternative compliance provisions will require that the petitioner amend the plan through the alternative compliance process or submit a plan through the standard Planning and Zoning Commission and City Council approval process.

C.

Buffer plans submitted through the alternative compliance process shall fully achieve the standards as described in 8.6.3.

8.6.8

Enforcement Procedures

A.

The City of Peoria is authorized and empowered to enforce the requirements of this section in accordance with the procedures of this development code.

B.

If, upon inspection or investigation, the Director of Community Development is of the opinion that any person or entity has violated any provision of this section, the Planning Director shall with reasonable promptness issue a correction notice to the person. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this section, which has been violated. In addition, the notice shall set a reasonable time for the abatement and correction of the violation.

C.

If it is determined that the violation(s) continue after the time fixed for abatement and correction has expired, the Director of Community Development shall issue a citation by certified mail to the person or entity who is in violation. Each such notice shall be in writing and shall describe the nature of the violation, including a reference to the provision within this section which has been violated, and what penalty, if any, is proposed to be assessed. The person or entity charged has 30 days within which to contest the citation or proposed assessment of penalty and to file a request for a hearing with the Planning Director. At the conclusion of this hearing, the Director of Community Development will issue a final order, subject to appeal to the Circuit Court of Peoria County. If, within 30 days from the receipt of the citation issued by the Director of Community Development, the person or entity fails to contest the citation or proposed assessment of penalty, the citation or proposed assessment of penalty shall be deemed the final order of the Director of Community Development.

D.

Any person or entity who violates any provision of this section may be liable for any cost or expenses incurred as a result thereof by the City of Peoria.

E.

Penalties, which may be assessed for those deemed to be in violation, may include:

1.

A civil penalty not to exceed $1,000.00 for each violation with each day's continuance considered a separate violation;

2.

A criminal penalty in the form of a fine of not more than $1,000.00 for each violation or imprisonment for not more than 90 days, or both. Every day that such violation(s) shall continue will be considered a separate violation;

3.

Anyone who knowingly makes any false statements in any application, record, plat, or plan required by this part shall upon conviction be punished by a fine of not more than $1,000.00 for each violation or imprisonment for not more than 30 days, or both.

F.

In addition to any other sanctions listed in this section, a person or entity who fails to comply with the provisions of this buffer section shall be liable to the City of Peoria in a civil action for damages in an amount equal to twice the cost of restoring the buffer. Damages that are recovered in accordance with this action shall be used for the restoration of buffer systems or for the administration of programs for the protection and restoration of water quality, streams, wetlands, and floodways.

8.6.9

Conflict with Other Regulation

Where the standards and management requirements of this buffer section are in conflict with other laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands, floodways, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply.

8.6.10

Stream Buffer Map

A map of blue-line streams as determined by the current United States Geological Survey map.

8.6.11

Stream Buffer Plant List

The City shall maintain a plant list containing flood tolerant native northern Illinois trees, shrubs, vines and seed mixes acceptable for replanting in the buffer area. The following plants are exceptionally invasive and will damage native ecosystems. Most of these plants are on the Illinois Banned Species list and are illegal to buy, sell, or plant, in the State of Illinois.

A.

Tree of Heaven Ailanthus altissima

B.

Autumn Olive Eleagnus embellatus

C.

Tartarian Honeysuckle Lonicera tartaric

D.

Glossy Buckthorn Rhamnus frangula

E.

Common Buckthorn Rhamnus cathartica

F.

Saw-toothed Buckthorn Rhamnus arguta

G.

Dahurain Buckthorn Rhamnus davurica

H.

Japanese Buckthorn Rhamnus japonica

I.

Chinese Buckthorn Rhamnus utilis

J.

Kudzu Pueraria lobata

K.

Round-leaved Bittersweet Celastrus orbiculatus

L.

Japanese Honeysuckle Lonicera japonica

( Ord. No. 17505 , § 1(Exh. A), 9-26-17)