(a) It is hereby determined that the system of wetlands, riparian areas, rivers, streams, and other natural watercourses within the City of Berea contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of this part of these regulations is to regulate uses and developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
(2) Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(4) Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Provide habitat to a wide array of aquatic organisms, wildlife, many of which are on Ohio’s Endangered and/or Threatened Species listings, by maintaining diverse and connected riparian and wetland vegetation.
(7) Benefit the City of Berea economically by minimizing encroachment on wetlands and watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of residents; and by contributing to the scenic beauty and environment of the City of Berea, and thereby preserving the character of the City of Berea, the quality of life of the residents of the Community, and corresponding property values.
(b) The following regulations have been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing structures and uses within a wetland and/or riparian setback along designated watercourses in the City of Berea.
(1) Applicability and Compliance:
A. These regulations shall apply to the following:
1. All lands that are within the jurisdiction of the City of Berea and that border designated watercourses and wetlands as defined in these regulations.
2. Property split plan approvals, site plan approvals, and land development plan approvals requested of the City of Berea. and
3. All building permits which involve soil disturbing activities.
B. The City of Berea shall issue no approvals or permits without full compliance with the terms of these regulations.
(c) Establishment of designated watercourses and riparian setbacks:
(1) Designated watercourses shall include those watercourses meeting any one of the following criteria:
A. All watercourses draining an area greater than one-half (½) square mile, or
B. All watercourses draining an area less than one-half (½) square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City of Berea may consult with a representative of the local county SWCD or other technical experts as necessary.
(2) Riparian setbacks on designated watercourses are established as follows:
A. A minimum of 300 feet on both sides of all watercourses draining an area greater than 300 square miles.
B. A minimum of 120 feet on both sides of all watercourses draining an area greater than 20 square miles and up to and including 300 square miles.
C. A minimum of 75 feet on both sides of all watercourses draining an area greater than one half square mile and up to and including 20 square miles.
D. A minimum of 25 feet on both sides of all watercourses draining an area less than one half square mile and having a defined bed and bank as determined above.
(3) Riparian Setback Map:
A. The City of Berea shall use the latest edition of the official soil survey that shows drainage features, on the paper maps in the back of the book, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
B. At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
C. In reviewing and interpreting the maps the City of Berea may consult with a representative of the local county SWCD and other technical experts as necessary.
(4) The following conditions shall apply in riparian and wetland setbacks:
A. Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
B. Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established and marked in the field prior to any soil disturbing or land clearing activities.
C. Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer.
D. Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
E. Wetlands shall be delineated by a site survey approved by the City of Berea using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
(5) The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property subdivisionproperty splits, commercial development or other land development plans, and/or building permit applications submitted to the City of Berea. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the City of Berea. As a result of this review, the City of Berea may consult with a representative of the local county SWCD or other technical experts as necessary.
(6) Prior to any soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or his or her designated representative, and such delineation shall be maintained throughout soil disturbing activities.
(7) No approvals or permits shall be issued by the City of Berea prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations.
(8) Upon completion of an approved property subdivisionproperty split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City of Berea.
(d) Establishment of Wetland Setbacks:
(1) Wetland setbacks are established as follows:
A. A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
B. A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(e) Procedure for Wetland Setbacks:
(1) No change to parcel boundaries or land use change:
A. Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory (if applicable). A photo copy of the applicable section of each map will be attached to the permit application.
B. If a potential wetland is shown on any of the maps or if there is reason for the City of Berea to believe that an unmapped wetland exists on or within 120 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.
(2) New residential or commercial or other type development and projects involving a change to parcel boundaries or a land use change:
A. Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in landuse, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:
B. A qualified wetland professional, acceptable to the City Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the City Engineer.
C. If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property subdivision property split plans, land development plans, and/or permit applications submitted to the City of Berea.
1. Wetlands shall be delineated by a site survey, approved by the City of Berea, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
2. Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the City of Berea.
D. Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.
E. No approvals or permits shall be issued by the City of Berea prior to delineation of wetland setbacks in conformance with this regulation.
(3) Upon completion of an approved property subdivision property split, commercial development or other land development or improvement, riparian and wetland setbacks shall be permanently recorded on the plat records for the City of Berea and shall be maintained as open space thereafter through a permanent conservation easement. A third party, not the landowner or permittee or the City of Berea, that is allowed by state law shall be given the conservation easement. If no third party will accept the conservation easement, the City of Berea shall accept it and protect it in perpetuity.
(Ord. 2006-63. Passed 10-2-06.)
(Ord. 2006-63. Passed 10-2-06.)