1157.04 ACTIVITIES IN RIPARIAN AND WETLAND SETBACKS.
(a) Except as otherwise provided in this Code, lands within riparian setbacks and wetland setbacks shall be preserved in their natural state. The following activities as set forth in subsections (a)(1) through (6) shall be permitted in riparian setbacks and wetland setbacks provided they are otherwise permitted in this zoning code. No use permitted under this ordinance shall be construed as allowing or encouraging trespass on privately held lands.
(1) Recreational Activity. Passive recreational uses such as hiking, picnicking and related uses.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or Reforestation. The revegetation and/or reforestation of the riparian setback and the wetland setback shall be allowed.
(4) Other activities similar to those listed in Section 1157.04 (a)(1-3), as approved by the Planning Commission.
(5) Streambank Stabilization/Erosion Control Measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Director of Planning, Zoning and Building and the City Engineer.
If streambank stabilization work is proposed below the ordinary high water mark of the watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a applicable Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification, as presently enacted, amended, or superceded in the future) shall be provided to the City. Proof of compliance shall be the following:
A. A site plan showing that any proposed streambank stabilization conforms to the general and special conditions of the applicable Nationwide Permit, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or,
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit and Ohio EPA water quality certification.
(6) Crossings. Crossings through riparian setbacks or wetland setbacks by bridges, culverts, or other construction for pedestrians, vehicles, sewer and/or water lines, and public utility transmission lines may only be allowed upon approval of a Crossing Plan by the Director of Planning, Zoning and Building and the City Engineer. Such crossings shall minimize disturbance to the land within riparian and wetland setbacks, shall not disturb the bed of the watercourse, and shall mitigate any approved disturbances. The Director of Engineering may require additional hydraulic analysis to ensure no increase in the water surface elevation of adjoining properties as the result of an approved crossing.
(b) Prohibited Activities. Any activity not expressly authorized by this section shall be prohibited in the respective riparian setback and wetland setback. By way of example, the following activities are specifically prohibited, however, prohibited activities are not limited to those examples listed here:
(1) Construction. No structures shall be constructed.
(2) Dredging or dumping. Except as otherwise provided in this Chapter, there shall be no drilling, filling, dredging or dumping of soil, spoils, liquid or solid materials, except for noncommercial composting of uncontaminated natural materials.
(3) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as approved in the conduct of a permitted activity.
(4) Disturbance of natural vegetation. There shall be no disturbance of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with activities permitted by this Chapter; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of this ordinance. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the riparian or wetland setback provided the landowner allows for natural succession.
(5) Parking lots and driveways. There shall be no parking lots, driveways, or other human-made impervious surfaces, except as permitted under Crossings, above.
(6) New surface and/or subsurface sewage disposal or treatment areas. The riparian setback and the wetland setback shall not be used for the disposal or treatment of sewage except in accordance with Portage District Board of Health regulations at the time of application of this chapter.
(Ord. 2013-130. Passed 1-27-14.)