1001.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES, RIPARIAN, AND WETLAND SETBACKS.

   (a)   Designated watercourses shall include those watercourses meeting any ONE of the following criteria:

      (1)   All watercourses draining an area equal to or greater than one-half (1/2) square mile; or

      (2)   All watercourses draining an area less than one-half (1/2) square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City may consult with a representative of the Cuyahoga County SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.

   (b)   Wetland and riparian setbacks on designated watercourses are established as follows:

      (1)   A minimum of one hundred and twenty (120) feet on either side of all watercourses draining an area equal to or greater than twenty(20) square miles and up to three hundred (300) square miles.

      (2)   A minimum of seventy five (75) feet on either side of all watercourses draining an area equal to or greater than one-half (1/2) square mile and up to twenty (20) square miles.

      (3)   A minimum of twenty five (25) feet on either side of all watercourses draining an area less than one-half (1/2) square mile and having a defined bed and bank as determined by the City in accordance with this regulation.

   (c)   For wetlands setbacks, no buildings, structures, or parking areas shall be located closer than:

      (1)   Fifty (50) feet from the outermost boundary of a category 3 wetland; or

      (2)   Thirty (30) feet from the outermost boundary of a category 2 wetland; and

      (3)   Where a wetland is wider than the minimum required riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to include the outermost boundary of the wetland, plus the following additional setback widths based upon the particular wetland category; and

      (4)   Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional using delineation protocols accepted by the U.S. Army Corps of Engineers and Ohio EPA at the time an application is made.

   (d)   Wetland and Riparian Setback Guide Map. The City shall create a guide map identifying designated watercourses and their wetland and riparian setbacks. Said guide map is attached hereto and made part of this regulation and is identified as Exhibit A. The following shall apply to the Wetland and Riparian Setback Guide Map:

      (1)   It shall be used as a reference document and the information contained therein shall be believed to be accurate.

      (2)   It shall be a guide only.

      (3)   The map was prepared as a Wetland and Riparian Setback Guide Map by the City in accordance with Section 1001.05 of Chapter 1001. Digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The City assumes no legal responsibility for this information.

      (4)   Nothing herein shall prevent the City from amending the Wetland and Riparian Setback Guide Map from time to time as may be necessary.

      (5)   If any discrepancy is found between the Wetland and Riparian Setback Guide Map and this regulation, the criteria set forth in Section 1001.05(a) and (b) shall prevail.

   (e)   The following conditions shall apply in wetland and riparian setbacks:

      (1)   Wetland and riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse, except for in-line ponds as addressed in Section 1001.05.

      (2)   Except as otherwise provided in this regulation, wetland and riparian setbacks shall be preserved in their natural state.

      (3)   Where the 100-year floodplain is wider than a minimum wetland and riparian setback on either or both sides of a designated watercourse, the minimum wetland and riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the City may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.

      (4)   Where a wetland is identified within a minimum wetland and riparian setback, the minimum wetland and riparian setback width shall be extended to the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by the City to the applicant.

      (5)   The minimum wetland and riparian setback on an in-line pond existing at the time of application of this regulation shall be measured from the ordinary high water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. Wetland and riparian setbacks on in-line ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1001.05. The creation of new in-line impoundments shall not be permitted under these regulations.

         (Ord.  2020-56.  Passed 4-20-20.)