A. Relocation of a Class I, II or III stream to facilitate general site design, driveway access, or building location will not be allowed. Relocation of these classes of streams may take place only as part of an approved mitigation or rehabilitation plan that will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.

B. Bridges shall be used to cross Class I streams.

C. Culverts are allowable only under the following circumstances:

1. Only in Class II, III and IV streams;

2. When fish passage will not be impaired;

3. When the following design criteria are met:

a. Oversized culverts will be installed,

b. Culverts will include gradient controls and creation of pools within the culvert for Class II streams where appropriate, and

c. Gravel substrate will be placed in the bottom of the culvert to a minimum depth of one foot for Class II streams;

4. The applicant or successors shall, at all times, keep any culvert free of debris and sediment to allow free passage of water and, if applicable, fish. A maintenance and inspection plan and bond, to be reviewed and approved by the town may be required as a condition of approval.

D. The town may require that a stream be removed from a culvert as a condition of approval or the culvert reconstructed to the standards of this chapter, unless the culvert is not detrimental to fish habitat or water quality, or removal and/or replacement is deemed detrimental to fish or fish and wildlife habitat or water quality. (Ord. 00-387 §1(part), 2000)