(A) By-Right Uses Without a Permit. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands:
(1) Recreational Activity. Passive recreational uses, as permitted by federal, state and local laws, such as hiking, fishing, hunting, picnicking and similar uses;
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed;
(3) Revegetation and/or Reforestation. Riparian and wetland setbacks may be revegetated with non- invasive plant species; and
(4) Maintenance of Lawns, Gardens and Landscaping. Lawns, gardens and landscaping, that existed at the time this subchapter was passed, may be maintained as long as they are not increased in size.
(B) By-Right Uses with a Permit.
(1) Selective Harvesting of Timber. Selective harvesting of timber may be allowed upon presentation of a Forest Management and Harvest Plan prepared by a qualified forester and accepted by the City Engineer.
(a) Any landowner harvesting timber for sale shall obtain a permit in accordance with Chapter 848 of this Code of Ordinances and post a $5,000 performance guarantee as required with the city. This performance guarantee shall be held until completion of the timber-harvesting operation.
(b) Due to the potential for felled logs and branches to damage downstream properties and/or to block ditches or otherwise exacerbate flooding, logs or branches resulting from permitted selective harvesting that are greater than six inches in diameter at the cut end shall be cut into sections no longer than six feet or removed from the 100-year floodplain. Harvested trees or felled logs and branches that are part of a designed and approved streambank stabilization and erosion control measure shall be allowed to remain in a designated watercourse.
(c) The Forest Management and Harvest Plan must:
1. Show that the site will be adequately stocked after the approved selective harvest. “Adequately stocked” shall be defined as the residual stocking level greater than the B-Level on the Allegheny Hardwood Stocking Guide produced by the United States Forest Service, or other United States Forest Service stocking guides as dictated by the forest community to be harvested;
2. Show that trees located less than 25 feet from the ordinary high water mark will not be impacted by the proposed harvesting;
3. Include a map of the site. This map shall specify the location of any skid and haul roads required for transporting harvested trees and fire wood from riparian and wetland setbacks;
4. Include the method to be used to transport harvested trees from riparian and wetland setbacks;
5. Specify the erosion control best management practices that will be employed during and after the proposed harvest. These erosion control practices shall be in conformance with the Ohio Department of Natural Resources, Division of Forestry’s BMPs for Erosion Control on Logging Jobs in Ohio; and
6. Provide the U.S. Army Corps of Engineers and the Ohio EPA Wetland and Stream protection permit numbers and the associated permit requirements.
(2) Streambank Stabilization and Erosion Control Measures. Streambank stabilization and erosion control measures may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The streambank stabilization and erosion control measures shall only be undertaken upon approval of a Soil Erosion and Sediment Control Plan by the city.
(3) Crossings. Crossings of designated watercourses and through riparian setbacks by publicly and privately-owned sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance in riparian setbacks and shall mitigate any necessary disturbances. Erosive materials will not be used in making stream crossings.
(Ord. 61-04, passed 4-9-2004; Ord. 16-16, passed 3-7-2016)