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(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile, or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village of Bentleyville may consult with the Chagrin River Watershed Partners or other comparable technical experts as deemed necessary. Any costs associated with such consultations may be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of one hundred twenty feet on either side of all watercourses draining an area greater than twenty square miles and up to three hundred square miles.
(2) A minimum of seventy-five feet on either side of all watercourses draining an area greater than one-half square mile and up to twenty square miles.
(3) A minimum of twenty-five feet on either side of all watercourses draining an area less than one-half square mile and having a defined bed and bank as determined by the Village of Bentleyville in Section 1271.05 of this regulation.
(c) Riparian Setback Map. The Village of Bentleyville shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached to Ordinance 2007-12 as Exhibit A, and made part of this regulation. It shall be used as a reference guide with determination as to its accuracy made at the time of application.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(Ord. 2007-12. Passed 8-15-07; Ord. 2009-23. Passed 11-23-09.)
(a) For all developments, individual new homes, or additions on property with designated riparian setbacks, the applicant shall be responsible for delineating riparian setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, new home plans, or addition plans submitted to the Village of Bentleyville. If required by the Village of Bentleyville, based upon concerned encroachments to a riparian setback, the site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional and shall be based on a survey of the affected land. Two copies of the site plan shall be submitted. The site plans shall include the following information:
(1) The boundaries of the lot with dimensions.
(2) The locations of all designated watercourses.
(3) The limits, with dimensions, of the riparian setbacks.
(4) The existing topography at intervals of two feet.
(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.
(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.
(7) Other such reasonable information as may be necessary for the Village of Bentleyville to ensure compliance with this regulation.
(b) The Village of Bentleyville may, in reviewing the site plan, consult with other experts. Any costs associated with this review by the Village or its experts will be assessed to the applicant.
(c) If soil disturbing activities will occur within fifty feet of the boundary of the riparian setback as specified, the riparian setback shall be clearly identified by the applicant on the site with construction fencing as shown on the site plan. Such identification shall be completed prior to initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.
(Ord. 2007-12. Passed 8-15-07.)
(a) By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
(1) Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested.
(4) Maintenance of lakes, ponds and associated areas around their perimeters.
(b) Conditional Use Permit. The Planning Commission may, for good cause, approve conditional uses of property in riparian setbacks as listed below. Permits issued under this regulation shall be void if not implemented within one year of issuance.
(1) Crossings. Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks. Such crossings shall be allowed upon approval of a crossing plan by the Planning and Zoning Commission. Any costs associated with review of crossing plans will be assessed to the applicant. Any required Federal or State permits for such crossing shall be complied with before commencement of work, with approvals provided to the Village of Bentleyville.
(2) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses will be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials to the maximum extent practicable. Such streambank stabilization measures shall be undertaken upon the consent of the Planning and Zoning Commission. Any costs associated with review of streambank stabilization plans may be assessed to the applicant.
(3) Storm Water Management Facilities. Storm water management facilities may be constructed in the riparian setback, provided:
A. Where the minimum riparian setback is less than or equal to fifty feet, the storm water management facilities are located outside the minimum riparian setback.
B. Where the minimum riparian setback is greater than fifty feet, storm water management facilities are located at least fifty feet from the ordinary high water mark of the designated watercourse.
(4) Landscaping. The landscaping of riparian setback areas shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
C. The Chagrin River Watershed Partners, or other comparable experts, shall be consulted to provide guidance for landscaping of riparian areas.
(5) Decks. With a maximum area of three hundred square feet will be acceptable if encroaching into the riparian setback, if the dwelling is in existence at the time of the passage of this chapter.
(Ord. 2007-12. Passed 8-15-07.)
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