1340.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.

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

      (1)   All watercourses draining an area greater than ½ square mile, or

      (2)   All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village may consult with a representative of the local county SWCD or other technical experts as necessary.

   (b)   Riparian setbacks on designated watercourses are established as follows:

      (1)   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.

      (2)   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.

      (3)   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.

   (c)   Riparian Setback Map.

      (1)   The Village shall use the latest edition of the official soil survey that shows drainage features, found in the Village of Bratenhal Storm Water Management Program, 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.

      (2)   At the time of application of this chapter, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in this chapter, the criteria shall prevail.

      (3)   In reviewing and interpreting the maps the Village may consult with a representative of the local county SWCD and other technical experts as necessary.

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

      (1)   Riparian and wetland setbacks shall be measured in a perpendicular horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.

      (2)   Except otherwise provided in this chapter, riparian and wetland setbacks shall be preserved in their natural state and shall be established by prior to any soil disturbing or land clearing activities.

      (3)   Where the 100-year flood plain 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 flood plain. The 100-year flood plain shall be determined by the consulting engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the Village.

      (4)   Where wetlands are identified within the 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 this chapter.

      (5)   Wetlands shall be delineated by a site survey approved by the Village using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this chapter. 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.

   (e)   The applicant or their designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by this chapter, and identifying these setbacks on all subdivisions, land development plans, and/or building permit applications submitted to the Village. This delineation shall be done by a metes and bounds survey and shall be subject to review and approval by the Village. As a result of this review, the Village may consult with a representative of the local county SWCD or other technical experts as necessary.

   (f)   Prior to any soil-disturbing activity as regulated by Chapters 1316 and 1317, riparian and wetland setbacks shall be clearly delineated on site by the applicant or their designated representative, and such delineation shall be maintained throughout soil disturbing activities.

   (g)   No approvals of permits shall be issued by the Village prior to on-site delineation of riparian and wetland setbacks in conformance with this chapter.

   (h)   Upon completion of an approved subdivision, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the Village.
(Ord. 3275. Passed 3-16-05.)