1157.01 RIPARIAN AREAS AND RIPARIAN SETBACKS.
(a) Purpose. The purpose of this Section 1157.01 and related Sections of this Chapter is to protect and promote the public health, safety and welfare by regulating the use of riparian areas, that is, those areas abutting rivers, streams, and other natural watercourses upon which the impacts of stormwater runoff, water pollution, erosion, siltation, and other development impacts may become concentrated and which areas are necessary to preserve the ecological health and natural functions of watercourses for the common good. It is intended that these regulations, administered in concert with other regulations affecting development practices throughout the City, will benefit the properties which are within, or which contain parts of, riparian areas, benefit the City as a whole, and benefit areas outside of and downstream of the City which are affected by impacts on the City's riparian areas. More specifically, these regulations are intended to:
(1) Reduce flood impacts and downstream flood hazard risks by absorbing peak flows, slowing velocity of flood waters and regulating base flow.
(2) Stabilize the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(4) Reduce pollutants in watercourses by filtering, settling and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(8) Benefit the City by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, gabion baskets, and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.
(9) Reduce or prevent construction of buildings and other construction in riparian areas which are characterized by conditions such as high groundwater, flooding, erosion, and soil limitations, which prohibit normal construction practices and require special protective measures for construction and long-term maintenance. Also, reduce or prevent such construction which now, or in the future, may be damaged by flooding resulting from increased runoff due to upstream impacts.
(10) Minimize the creation of lots which are in whole or part difficult or impractical for the establishment of permitted uses within the respective districts due to the presence of riparian areas.
(11) Enable the City to more effectively execute its responsibilities in administration and enforcement of applicable federal and state regulations.
(12) Establish local regulations that are compatible with and supportive of the regulations enacted in other communities within the same watersheds, in the interest of protecting and enhancing the characteristics of these shared natural resources.
(c) Establishment of Riparian Areas and Riparian Setbacks. The following areas are riparian areas and riparian setbacks: (Ord. 2013-130. Passed 1-27-14.)
(1) Riparian areas generally. Any area abutting the ordinary high water mark of a watercourse, also known as the stream channel, and which may be indicated by changes in vegetation, slope, or bank materials, evidence of scouring, and stain lines, shall be riparian areas. The location and extent of a riparian area shall be determined and documented as approved by the City.
(2) Riparian setbacks generally. Any area described by the following subsections shall be a riparian setback. The location and extent of a riparian setback shall be determined and documented as approved by the City.
A. Minimum Riparian Setback. Any area of land which abuts a watercourse, extending outward in a horizontal direction from the ordinary high water mark of a watercourse a distance of not less than twenty-five (25) feet or a greater distance as specified in subsection (c)(3) hereof.
B. Floodplain. The 100-year floodplain shall have a minimum setback of one hundred feet (100'). Where the 100-year floodplain is wider than the minimum riparian setback on either or both sides of a watercourse, then the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain setback of fifty feet (50').
The 100-year floodplain shall be defined by Federal Emergency Management Agency (FEMA) or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Director of Planning and Zoning. Any costs associated with reviewing this site specific floodplain delineation may be assessed by the City to the applicant.
(3) Specified riparian areas and riparian setbacks. The following specified areas, in addition to any others described in subsections (c)(2) and (3) hereof, shall be riparian areas and riparian setbacks subject to the provisions of this Chapter:
A Aurora Branch of the Chagrin River. The watercourse known as the Aurora Branch of the Chagrin River shall have a minimum riparian setback of not less than one hundred feet (100') on either side, extending outward in a horizontal direction from the ordinary high water marks of the watercourse.
B. For any watercourse draining a watershed area of between one-half (0.5) a square mile and twenty (20) square miles, the minimum riparian setback shall be seventy-five (75) feet.
C. Minimum of fifty (50) feet on each side of all streams draining an area greater than 0.05 square mile and up to 0.5 square mile.
D. Minimum of thirty (30) feet on each side of all streams draining an area less than 0.05 square mile.
(Ord. 2022-089. Passed 5-23-22.)