430.140 Applicability.
A. The regulations in this Section apply to all properties that contain, or are within 100 ft of a WQR and/or HCA (including any locally significant Goal 5 wetlands or habitat areas identified by the City) as shown on the WQ Map.
B. For properties that do not contain, but are within 100 ft of a WQR and/or HCA, as shown on the WQ Map, and where an activity not listed as exempt in Section 430.150 A. will disturb more than 500 sq ft, a Construction Management Plan is required in accordance with Section 430.190.
C. The WQ Map, which shows a WQR and an HCA, is adopted by reference. The WQ Map shall be used to determine the applicability of this Section and shall be administered in accordance with Section 430.120.
D. Designated natural resources are shown on the WQ Map as follows:
(1) A WQR includes protected water features and their associated vegetated corridors, as specified in Table 1. The vegetated corridor is a buffer around each protected water feature established to prevent damage to the water feature. The width of the vegetated corridor varies depending on the type of protected water feature, upstream drainage area served, and slope adjacent to the protected water feature. The WQ Map is a general indicator of the location of vegetated corridors. The specific location of vegetated corridors shall be determined in the field in accordance with Table 2.
(2) An HCA includes significant Goal 5 wetlands, riparian areas, and fish and wildlife habitat. An HCA is designated based on a combination of inventory of vegetative cover, analysis of habitat value and urban development value. HCA locations on the WQ Map are assumed to be correct unless demonstrated otherwise; verifications and corrections shall be processed in accordance with the procedures established in Table 1.
E. To determine whether a proposed activity on a given property will trigger any requirements of this Section, the City shall use the latest available aerial photographs; a copy of the applicable section of the WQ Map; and, in the case of a WQR, the parameters established in Table 1. If a property owner or applicant believes that the WQ Map is inaccurate, they may propose corrections according to the standards established in Section 430.120.
F. In the context of designated natural resources, a "disturbance" is a condition or result of an act that "disturbs" as noted below.
(1) Temporary disturbances are those that occur during an allowed or approved development or activity but will not persist beyond completion of the project. Temporary disturbances include, but are not limited to, accessways for construction equipment; material staging and stockpile areas; and excavation areas for building foundations, utilities, stormwater facilities, etc.
(2) Permanent disturbances are those that remain in place after an allowed or approved development or activity is completed. Permanent disturbances include, but are not limited to, buildings, driveways, walkways, and other permanent structures.
G. If more than 500 sq ft of area will be disturbed in conjunction with a proposed activity listed as exempt in Subsection 430.150, a Construction Management Plan shall be submitted according to the provisions of Subsection 430.190. This requirement applies even when the proposed activity will not occur within a designated natural resource but is within at least 100 ft of the resource, in accordance with Table 1.
H. Proposed activities that are listed as exempt or occur more than 100 ft from a WQR or HCA, as shown on the WQ Map or determined in accordance with Table 1 do not require review under the provisions of this Section.
I. Those portions of streams, creeks and other protected water features that appear on the WQ Map, but are enclosed in pipes, culverts or similar structures, are not subject to the provisions of this Section, except where a proposed activity will expose or directly disturb the protected water feature, such as with excavation.
J. The requirements of this Section apply to both properties that include a WQR and/or an HCA, and to properties that do not include a WQR or HCA, but where an activity is proposed within 100 ft of a WQR or HCA.