§ 10.7. Standards for construction buffers.
10.7-1 Where required. Construction buffers shall only be required where specifically provided as a condition of zoning or variance approval.
10.7-2 Time constraints. Construction buffers shall only be in effect during the construction period of a project and shall terminate upon project completion. In the case of a residential subdivision, a construction buffer shall terminate upon each individual lot with the issuance of a certificate of occupancy for the principal dwelling.
10.7-3 Disturbance or encroachments.
a.
Construction buffer shall be natural, undisturbed and free of encroachments except as authorized by a condition of zoning or variance approval, or as authorized herein.
b.
The encroachments of ditches, swales, stormwater conveyance facilities, stormwater detention ponds, sediment basins, sanitary sewer conveyance facilities, similar facilities, and any associated easements, into a construction buffer shall not be authorized except that necessary access and utility crossings (e.g. stormwater or sanitary sewer pipes), and natural bottom detention ponds (sediment basins must be located outside of the construction buffer) and their appurtenant structures which require no grading and removal of trees, may encroach upon the construction buffer.
c.
If the construction buffer on a residential lot is devoid of existing trees and vegetation, and a tree survey is submitted to document this situation prior to conducting land disturbing activities (including clearing) on the lot, then the department may authorize the encroachment of a building or structure into the construction buffer for a distance not to exceed ten feet.
10.7-4 Protection during land disturbing activities.
a.
During authorized land disturbing activities construction buffers shall be clearly demarcated and protected prior to commencement of, and during construction,
b.
The method of demarcation and protection utilized shall be in accordance with best management practices or as required by the department.