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section, fences, landscaping and unauthorized fill do not constitute development" to <br /> warrant exclusion from the /WP overlay zone. Graded and graveled areas are exempt <br /> under these provisions only when they were constructed prior to May 24, 1995, and <br /> only if they were constructed as an essential component of the development of the <br /> site. The 3 components of the /WP area are described and defined as follows: <br /> (1) The area within the channel limits of a water feature (from top of high bank to <br /> top of high bank). For a given stream, river, channel, or pond, the top of the <br /> bank is the highest point at which the bank meets the grade of the surrounding <br /> topography, characterized by an abrupt or noticeable change from a steeper <br /> grade to a less steep grade, and, where natural conditions prevail, by a <br /> noticeable change from topography or vegetation primarily shaped by the <br /> presence and/or movement of the water to topography not primarily shaped by <br /> the presence of water. Where there is more than one such break in the grade, the <br /> uppermost shall be considered the top of the high bank. <br /> (2) Buffer setback areas are measured horizontally from the top of the high bank or <br /> from the line of ordinary high water. The planning director shall determine <br /> whether the buffer is measured from the top of the high bank or from the line of <br /> ordinary high water. <br /> (a) Where possible, the buffer setback is measured horizontally from the top <br /> of the high bank of the water feature, as defined above. Buffer setback <br /> distances measured from the top of the high bank are as follows: <br /> Minimum Buffer Setbacks from Top of Bank <br /> Water Feature Buffer setback <br /> Perennial, within floodway 60 feet <br /> Perennial, outside floodway 40 feet <br /> Intermittent or seasonal 20 feet <br /> (b) If the top of the high bank is not identifiable, or if it has been significantly <br /> altered through channel reconfiguration or other enhancements consistent <br /> with the provisions of this overlay zone and applicable natural resource <br /> special standards (EC 9.2530 Natural Resource Special Standards) the <br /> buffer setbacks are measured horizontally from the line of ordinary high <br /> water. In a given stream, pond, or other water body, the line of ordinary <br /> high water is the line on the bank or shore to which seasonal high water <br /> rises annually. Identified in the field by physical characteristics that <br /> include one or more of the following: <br /> 1. A clear, natural line impressed on the bank. <br /> 2. Changes in the characteristics of soils. <br /> 3. The presence of water -bome litter and debris. <br /> 4. Destruction of terrestrial vegetation. <br /> If reliable water level data are available for 3 or more consecutive previous <br /> years, the line of ordinary high water can be considered the mean of the highest <br /> Ordinance - 166 <br />