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.)