(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile, or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the City of Brook Park 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 three hundred feet on both sides of all watercourses draining an area greater than three hundred square miles.
(2) A minimum of one hundred twenty feet on both sides of all watercourses draining an area greater than twenty square miles and up to and including three hundred square miles.
(3) A minimum of seventy-five feet on both sides of all watercourses draining an area greater than one half square mile and up to and including twenty square miles.
(4) A minimum of twenty-five 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 City of Brook Park shall use the latest edition of the official soil survey that shows drainage features, on the paper maps in the back of the book, 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 regulation, if any discrepancy is found between the riparian setback map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
(3) In reviewing and interpreting the maps the City of Brook Park 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 and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
(2) Except as otherwise provided in this chapter, riparian and wetland setbacks shall be preserved in their natural state, except that non-conforming structures and nonconforming uses existing at the time of passage of this chapter may be continued in their existing state as determined in the nonconforming structures or uses in riparian and wetland setbacks section of this chapter. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(3) Where the one-hundred-year floodplain 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 one-hundred-year floodplain. The one-hundred-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City of Brook Park Engineer.
(4) Where wetlands are identified within a 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 City of Brook Park 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 his or her 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 property subdivision/property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the City of Brook Park. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the City of Brook Park. As a result of this review, the City of Brook Park may consult with a representative of the local county SWCD or other technical experts as necessary.
(f) Prior to any land clearing or soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or his or her designated representative, and such delineation shall be maintained throughout soil disturbing activities.
(g) No approvals or subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the City of Brook Park prior to on-site delineation of riparian and wetland setbacks in conformance with this chapter. No building permits which include land clearing or soil disturbing activities shall be issued by the City of Brook Park prior to delineation of riparian and wetland setbacks in conformance with this chapter.
(h) Upon completion of an approved property subdivision/property/parcel land development or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City of Brook Park.
(Ord. 9472-2008. Passed 5-20-08.)