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Open space uses that are passive in character are permitted in riparian setbacks, including but not limited to those listed in this Section 1258.10. No use permitted under this regulation allows trespass on privately held lands.
(a) Property Maintenance, Revegetation and/or Reforestation. The enjoyment, access, planting and maintenance of lawns, landscaping, shrubbery, or trees.
Riparian setbacks may be revegetated and/or reforested with noninvasive plant species. Applicants or property owners are encouraged to seek guidance from Franklin County Soil and Water Conservation District.
(b) Passive Recreational Activity.
(1) Non-motorized recreational uses such as hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
(2) Unimproved trails and stream access points. Improved trails require a certification of zoning compliance as listed below in Section 1258.102. Unimproved trails and stream access points must meet the following development standards:
A. Surface: unimproved/earthen;
B. Width: maximum 5 feet;
C. No clearing of woody vegetation is permitted
(c) The Following Non-Motorized Active Recreational Activities:
(1) Canoe or Kayak access points or ramps installed by the City of Bexley
(d) Removal of Damaged or Diseased Trees, Invasive Species, or Noxious Weeds. Invasive species (as defined by the Ohio Department of Natural Resources), noxious weeds and damaged or diseased trees that endanger people or that pose a serious threat to property, may be removed.
Special care should be taken to remove trees sparingly. Damaged or decaying trees serve important ecological functions such as supplying stream habitat and material for organisms that aid in organic decomposition as well as providing habitat for endangered species, such as Indiana bats. Applicants or property owners are encouraged to allow these seemingly damaged trees to remain in their natural state.
Applicants or property owners are further encouraged to seek assistance from Franklin County Soil and Water Conservation District for advice on maintaining these important ecological functions. Franklin County Soil and Water
Conservation District can also provide information regarding best management practices in herbicide application techniques for controlling invasive species and noxious weeds in accordance with Ohio DNR and other applicable state and federal regulations.
(e) Changes, alterations, or improvements outlined in Section 1258.101 may be reviewed by a qualified employee or agent of the City. The qualified employee or agent may review and approve plans, without further review and approval by the overseeing Board or Commission, with respect to changes, alterations, or improvements as provided for in this subsection. The staff may decline to review an application and submit it to the appropriate Board or Commission for its review, and an applicant whose plans have been reviewed by the staff may, upon request, have the plans reviewed by the appropriate Board or Commission.
(f) See additional exceptions to prohibited uses at Section 1258.112.
(a) Fences and Walls. Fences and walls that provide adequate surface water flow through, under or around, as determined by Franklin County Soil and Water Conservation District, are permitted.
(b) Paved or Otherwise Improved Trails. Construction of paved or otherwise improved trails in the riparian setback to further passive recreational uses is permitted with a development plan approved by the Board or Commission. Construction of paved or otherwise improved trails must meet the following development standards:
(1) Paved trail surfaces must be improved with a pervious or semi-pervious material.
(2) Trail width is a maximum of 12 feet
(3) Clearing width is a maximum of 20 feet
(4) Trails that become damaged due to natural erosion:
(A) May not be repaired, and
(B) Must be moved upland or removed altogether and stabilized.
(c) Crossings. Crossings 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. Mitigation of crossings may be required by state and federal agencies. A certificate of zoning compliance for a new crossing will only be issued when one or more of the following findings is made by the Board or Commission:
(1) The parcel has no other existing access;
(2) The crossing is necessary for public health or safety;
(3) The applicant can demonstrate that important ecological protection and ecological benefits are realized, such as saving a mature woodlot, preventing habitat degradation, avoiding flow alteration, or ensuring passage for fish; or
(4) The applicant demonstrates that the new crossing is necessary to achieve important ecological protection goals, or maximized ecological benefit, and that the crossing can be installed and maintained with minimal environmental impacts.
Such crossings may only be undertaken upon approval of a Crossing Plan by the Board or Commission in consultation with Franklin County Soil and Water Conservation District. Such activity must minimize disturbance to the riparian buffer and mitigate any disturbances.
(d) Stream Quality Improvement Projects. Streambank stabilization, erosion control work, or large scale stream channel and riparian buffer restoration work along designated watercourses may be allowed, provided they comply with the following:
(1) The project is ecologically compatible and substantially uses natural materials and native plant species where practical and available.
(2) The project must comply with the applicable portions of the Ohio DNR Rainwater and Land Development handbook.
(3) The project shall only be undertaken upon approval of a Stream bank Stabilization Plan by the Board or Commission.
(4) All streambank stabilization plans should provide long-term streambank protection.
(5) All erosion control measures shall be limited to the purposes of stream quality protection and enhancing stream channel stability.
In reviewing this plan, the Board or Commission may consult with representatives of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves or Division of Soil and Water Conservation; the Ohio EPA, Division of Surface Water; the Franklin County Soil and Water Conservation District; or other technical experts as necessary.
(e) The construction of athletic fields and Campus Uses between East Main Street and Astor Avenue, as if extended to Alum Creek. Development in this area must meet the following standard:
(1) Steps must be taken and a development and maintenance plan submitted to mitigate against erosion and runoff associated with development.
1258.103 Proof of Compliance with Outside Permits. If any activities will occur below the ordinary high water mark, as defined in Section 1258.01, of Alum Creek, the applicant must submit proof of compliance with the applicable conditions of a US 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).
Proof of compliance is considered one of the following:
(a) A comprehensive site plan and a copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
(b) A comprehensive site plan and a copy of the authorization letter from the U.S Army Corps of Engineers approving activities under an Individual Permit.
(Ord. 29-16. Passed 11-15-16.)