(a) Riparian setbacks are established as follows:
(1) 75 feet on either side of the main stem of West Creek as depicted on attachment A attached to Ordinance 22-02;
(2) 75 feet on either side of tributary streams of West Creek as depicted on attachment A attached to Ordinance 22-02;
(3) 300 fee on either side of the Cuyahoga River as depicted on attachment A attached to Ordinance 22-02.
(b) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outwards from the ordinary high water mark of each watercourse.
(2) Except as otherwise provided in these regulations, riparian setbacks shall be preserved in their natural states.
(3) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Zoning Inspector.
(4) Where wetlands are identified within a riparian setback, the riparian setback shall consist of the full extent of the wetland plus a 50-foot minimum setback extending beyond the outer boundary of these wetlands. Wetlands shall be delineated by a site survey approved by the Zoning Inspector using delineation protocols accepted by the U.S. Army Corps of Engineers at the time of application of these regulations. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of these regulations.
(c) The developer or applicant, or designated representative shall be responsible for delineating riparian setbacks, including any expansions or modifications as required by divisions (b)(3) and (b)(4) of this section, and identifying these setbacks on all subdivisions, land development plans, and/or building permit applications submitted to the Zoning Inspector. This delineation shall be done at the time of application of the preliminary plan or at the time of submission of any permit applications. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Zoning Inspector. As the result of this review, the Zoning Inspector may require further studies from the developer, applicant, or designated representative.
(d) Prior to any soil disturbing activity, riparian setbacks shall be clearly delineated by the landowner on-site, and such delineation shall be maintained throughout soil disturbing activities.
(e) No approvals or permits shall be issued by the Zoning Inspector prior to delineation of riparian setbacks shall be permanently recorded on the plat records for the Village.
(Ord. 22-02. Passed 4-2-02.)