(a) The following uses are permitted by right within the Riparian Setbacks without prior approval.
Open space uses that are passive in character shall be permitted in the Riparian Setback including, but not limited to, those listed in subsection (a)(1) through (3) hereof. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the Riparian Setback shall be preserved in its natural state.
(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing area.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Revegetation and/or Reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the Village of Boston Heights. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the Village of Boson Heights are listed in the Appendix.
(b) The following uses are permitted by right within the Riparian Setbacks with prior approval of the design by the Summit Soil and Water Conservation District.
(1) Stream Bank Stabilization/Erosion Control Measures. Best Management Practices (BMPs) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only by undertaken upon approval of a Stormwater Pollution Prevention Plan (SWPPP or SW3P) by the Summit SWCD.
(2) All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.
(3) Placement of stormwater retention or detention facilities may be considered within the Riparian Setback if:
A. Stormwater quality treatment that is consistent with current state standards is incorporated into the basin.
B. The stormwater quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
(Ord. 10-2006. Passed 5-10-06.)