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(a) This regulation shall apply to all zoning districts in the City as defined in the most recent version of the Zoning Resolution.
(b) This regulation shall apply to all lands that are within the jurisdiction of the City and that border designated watercourses as defined in this regulation.
(Ord. 75-15. Passed 7-13-15.)
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) "Avon" means City of Avon, its designated representatives, boards, or commissions.
(b) "City Engineer" shall mean the City's Engineer, its consulting engineer or engineering firm, any engineer or engineering firm hired by the City to perform work for the City on any given project or any designee of one of the above, e.g., a Building Inspector designated to perform stormwater inspections.
(c) "Damaged or diseased trees" means trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.
(e) "Ditch" means a stream of water in a definite channel, having a bed and sides or banks and discharging itself into some stream or body of water, whether natural or man-made, and whether stream flows continually or not. The two types of ditches (major and minor) are defined by a map on file at City Hall.
(f) "Federal Emergency Management Agency (FEMA)" means the agency with overall responsibility for administering the National Flood Insurance Program.
(g) "Ohio Environmental Protection Agency" means the organization referred through this regulation as the "Ohio EPA".
(h) "100-Year Floodplain" means any land susceptible to being inundated by water from a base flood. The “base flood” is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. The 100-Year Floodplain shall be defined by the Federal Emergency Management Agency maps for the City.
(i) "Ordinary high water mark" means the point of the stream bank to which the presence and action of surface water is so continuous as to leave an area marked by erosion, destruction, or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
(j) "Riparian area" means naturally vegetated land adjacent watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(l) "Soil and Water Conservation District" means an entity organized under Ohio R.C. Chapter 1515, referring to either the Soil and Water Conservation District Board or its designated employees.
(m) "Soil-disturbing activity" means clearing, grading, excavating, filling, dumping, grubbing, stripping, or other alteration of the earth's surface where natural or human-made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(n) "Top of bank" means the location of the upper edge of the active ditch above which the water spreads into the overbank areas on either side of the ditch.
(o) "Waste Water Treatment Plant (WWTP)" means a facility at the end of the sanitary collection system which processes the influent waste, and discharges water to a receiving system, treated to the standards of the Ohio Environmental Protection Agency (EPA).
(p) "Watercourse" means any brook, channel, creek, river, stream, or ditch having banks, a defined bed, and definite direction of flow, either continuously or intermittently flowing.
(q) "Watershed" means the total drainage area contributing stormwater runoff to a single point.
(r) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended)
(Ord. 75-15. Passed 7-13-15.)
(a) Riparian Zones shall apply to all watercourses.
(b) Riparian zones on designated watercourses are established as follows:
(1) A minimum of 50 feet on each side of French Creek, Mills Creek and Schwartz Creek.
(2) A minimum of 25 feet on each side of all other watercourses.
(c) The following shall apply in riparian zones:
(1) Riparian zones shall be measured in a horizontal direction, perpendicular to the stream and outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian zones shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a riparian zone on either or both sides of a designated watercourse, the riparian zone shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA.
(4) Where wetlands are identified within a riparian zone, the minimum riparian zone width shall be extended to the outer boundary of the wetland. Wetlands shall be delineated by a site survey prepared by a qualified wetland professional using delineation protocols accepted by the U.S. Army Corps of Engineers at the time of application. The wetlands delineation shall also have been submitted to the U.S. Army Corps of Engineers for its review and acceptance. Proof of such U.S. Army Corps of Engineers acceptance must be submitted with the Final Site Plan.
(d) The site owner shall be responsible for delineating riparian zones as required by these regulations and shall identify these setbacks on all site plans submitted to the City Engineer. The site plan shall be drawn to scale and shall be based upon a survey of the affected lot performed and stamped by a professional surveyor registered to practice in the State of Ohio. Two copies of the site plan shall be submitted with the Discussion Site Plan application as required by this chapter. In addition, the site plan shall be submitted in an electronic format, either in Arc View GIS or AutoCAD.
(e) If soil-disturbing activities, or construction related activities such as materials storage, will occur within 100 feet of the outer boundary of a riparian zone, the riparian zone shall be clearly delineated by the site owner on-site with construction fencing prior to any soil- disturbing or construction related activities. Such delineation shall extend 50 feet beyond the limits of soil-disturbing or construction related activities and shall be maintained throughout soil- disturbing or construction-related activities.
(f) The City Engineer shall not issue approvals or permits prior to delineation of riparian zones by the applicant and in conformance with this regulation as detailed in Section 1051.04(e).
(g) The City Engineer may consult with the Lorain SWCD, U.S. Army Corps of Engineers, Ohio EPA or other technical experts retained by City Council in reviewing any submittals associated with implementation of this regulation.
(h) The City Engineer shall be permitted to grant written waivers to fully or partially exclude the application of the regulations put forth in Section 1051.04
with respect to parcels of land two acres or less in size and in existence in its current configuration per Lorain County deed records prior to July 13, 2015 if in his determination the application of this section will result in unreasonable controls governing building and land use. In making a determination the City Engineer may consult with relevant outside agencies as well as may consider available FEMA resources, known best management practices, the presence of sensitive environmental areas, the proximity of the subject area to the associated stream channel, and previously approved plans, studies, planning criteria and subdivisions of land.
(Ord. 75-15. Passed 7-13-15; Ord. 58-16. Passed 5-16-16.)
The following structures and uses are permitted in the riparian zone provided all other necessary approvals and permits have been obtained from the City, U.S. Army Corps of Engineers, Ohio EPA or any other governmental agency having jurisdiction. No structure of use permitted under this regulation shall allow trespass on, or public access to, privately held lands.
(a) Recreational Activity. Passive recreational uses.
(b) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(c) Maintenance and Repairs. Maintenance and repair on roads, driveways, bridges, culverts, trails, walkways, paths, sanitary sewer facilities and appurtenances, water distribution systems and appurtenances, storm sewers, and on-site sewage disposal systems, all existing at the time of passage of this resolution.
(d) Maintenance and Cultivation of Lawns and Landscaping. The maintenance of lawns, landscaping, shrubbery, or trees, all existing at the time of passage of this chapter.
(e) Crossings. Crossings of designated watercourses through riparian zones with roads, driveways, easements, bridges, culverts, utility service lines, or other means shall be allowed, subject to requirements established by the City Engineer, U.S. Army Corps of Engineers, Ohio EPA or other governmental agency having jurisdiction. If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the City Engineer. Proof of compliance shall be the following:
(1) A site plan showing that any proposed crossing conforms to the general and specific conditions of the applicable Nationwide Permit; or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit; or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(f) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses shall be allowed, subject to other requirements of these Codified Ordinances. If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to the City Engineer. Proof of compliance shall be the following:
(1) A site plan showing that any proposed crossing conforms to the general and specific conditions of Nationwide Permit 13; or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13; or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(g) Limited Access. With prior approval of the city, limited access to riparian setback areas shall be permitted in order to complete work, provided that the original elevation in any disturbed areas shall be reestablished and repaired to its original condition.
(h) Stormwater Conveyances. The placement of a conveyance (i.e., storm sewer, open channel, or otherwise) for the purpose of outletting a stormwater management facility or storm sewer shall be allowed with approval from the City Engineer.
(Ord. 75-15. Passed 7-13-15.)
Any structure or use not permitted under these Codified Ordinances shall be prohibited in riparian zones. The following structures or uses are prohibited:
(a) Construction. There shall be no construction of structures, utilities or sewers, land clearing, grading, filling, stockpiling, placement of project-related trailers, parking of equipment or tree cutting of any kind except as permitted under this regulation.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquids, yard wastes, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(c) Fences and Walls. There shall be no fences or walls constructed in the riparian zone except as permitted under this regulation.
(d) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no parking spaces, lots, or loading/unloading spaces, except as permitted under this regulation.
(e) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.
(f) Stormwater Retention and Detention Facilities. Stormwater retention and detention facilities, including water quality features, may not be constructed in the riparian zone.
(Ord. 75-15. Passed 7-13-15.)
The City Engineer shall inspect the field delineation of riparian zones.
(a) Field delineations of riparian zones required by this chapter shall be made prior to soil-disturbing activities authorized by the City Engineer under a subdivision or land development plan. The applicant shall provide the City Engineer with at least two working days notice prior to starting such soil-disturbing activities. Construction fences, as prescribed by this chapter and which serve to delineate riparian zone areas, must be installed prior to the issuance of two working days notice to the City Engineer.
(b) Prior to activities authorized by the City Engineer under Section 1051.05 of this regulation. The applicant shall provide the City Engineer with at least two working days notice prior to starting such activities.
(Ord. 75-15. Passed 7-13-15.)
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