(a) By-Right Uses Without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including but not limited to those listed in divisions (a)(1) and (a)(3) of this section. No use permitted under these regulations shall be construed as allowing 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. Due to 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 six inches in diameter at the cut end shall be cut into sections no longer than six feet, anchored to the shore, or removed from the 100-year flood plain.
(3) Revegetation and/or reforestation. The revegetation and/or reforestation of riparian areas shall be allowed without approval of the Zoning Inspector. Appendix A attached to Ordinance 22-02 lists species of shrubs and vines recommended for stabilizing flood prone areas of the West Creek watershed.
(b) By-Right Uses With a Permit.
(1) Stream bank Stabilization/Erosion Control Measures. Stream bank stabilization/ erosion control measures may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Zoning Inspector. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves, Ohio Environmental Protection Agency, Division of Surface Water, Cuyahoga Soil and Water Conservation District, or other technical experts as necessary.
(2) Crossings. Crossings of designated watercourses through riparian setbacks by publicly- owned sewer and/or water lines and public utility transmission lines may only be allowed upon approval of a Crossing Plan by the Zoning Inspector. Such crossings shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves, Ohio Environmental Protection Agency, Division of Surface Water, Cuyahoga Soil and Water Conservation District, or other technical experts as necessary.
(3) Multi-Purpose Trail. Right-of-way and construction of multi-purpose trails for recreational purposes only and not to exceed ten feet in width, constructed of either a porous or non- porous surface may be allowed upon approval of Council.
(Ord. 22-02. Passed 4-2-02.)