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CHAPTER 4
SITE DEVELOPMENT AND LAND USE


  • SECTION 401
    GENERAL

    401.1 Scope and intent.
    This chapter provides requirements for the development and maintenance of building and building sites to minimize negative environmental impacts and to protect, restore and enhance the natural features and environmental quality of the site.

    401.2 Predesign site inventory and assessment.
    An inventory and assessment of the natural resources and baseline conditions of the building site shall be submitted with the construction documents.

    The inventory and assessment shall:

    1. Determine the location of any protection areas identified in Section 402.1 that are located on, or adjacent to, the building site;

    2. Determine whether, and to the degree to which, the native soils and hydrological conditions of the building site have been disturbed and altered by previous use or development;

    3. Identify invasive plant species on the site for removal; and

    4. Identify native plant species on the site.

    SECTION 402
    PRESERVATION OF NATURAL RESOURCES

    402.1 Protection by area.
    Where flood hazard areas, surface water bodies or wetlands, conservation areas, parklands, agricultural lands or greenfields are located on, or adjacent to, a lot, the development of the lot as a building site shall comply with the provisions of Sections 402.2 through 402.8.

    402.2. Flood hazard areas.
    For locations within flood hazard areas, unless compliance with Section 402.2.1 or Section 402.2.2 is required by Table 302.1, new buildings and structures and substantial improvements shall comply with Section 402.2.3.

    402.2.1 Flood hazard area preservation, general.
    Where this section is indicated to be applicable in Table 302.1, new buildings and structures, site disturbance, and development of land shall be prohibited within flood hazard areas.

    402.2.2 Flood hazard area preservation, specific.
    Where this section is indicated to be applicable in Table 302.1, new buildings and structures, site disturbance, and development of land shall be prohibited within the specific flood hazard areas established pursuant to local land use authority.

    402.2.3 Development in flood hazard areas.
    New buildings, structures and substantial improvements constructed in flood hazard areas shall be in compliance with Section 1612 of the International Building Code provided the lowest floors are elevated or dry floodproofed to not less than 1 foot (25 mm) above the elevation required by Section 1612 of the International Building Code, or the elevation established by the jurisdiction, whichever is higher.

    402.3 Surface water protection.
    Where this section is indicated to be applicable in Table 302.1, buildings and building site improvements shall not be located over, or located within a buffer as established by the jurisdiction, around or adjacent to oceans, lakes, rivers, streams and other bodies of water that support or could support fish, recreation or industrial use. The buffer shall be measured from the ordinary high-water mark of the body of water.

    Exceptions:

    1. Buildings and associated site improvements specifically related to the use of the water including, but not limited to, piers, docks, fish hatcheries, and habitat restoration facilities, shall be permitted where the impacts of the construction and location adjacent to or over the water on the habitat is mitigated.

    2. Buildings and associated site improvements shall be permitted where a wetlands permit has been issued under a national wetlands permitting program or otherwise issued by the authority having jurisdiction.

    402.4 Wetland protection.
    Buildings and building site improvements shall not be located within a wetland or within a buffer as established by the jurisdiction around a wetland.

    Exception: Buildings and associated site improvements specifically related to the use of the wetland including, but not limited to, piers, docks, fish hatcheries, and habitat restoration facilities, shall be permitted where the impacts of the construction and location adjacent to or over the wetland on the habitat are mitigated.

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