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(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.)
Wetland setbacks are established as follows:
(a) A minimum of one hundred twenty feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(b) A minimum of seventy-five feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(Ord. 9472-2008. Passed 5-20-08.)
(a) No change to parcel boundaries or use change.
(1) Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.
(2) If a potential wetland is shown on any of the maps or if there is reason for the City of Brook Park to believe that an unmapped wetland exists on or within one-hundred twenty feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.
(b) New residential or commercial or other type development and projects involving a change to parcel boundaries or a land use change:
(1) Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:
(2) A qualified wetland professional, acceptable to the City of Brook Park Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the City of Brook Park Engineer.
(3) If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property subdivision/property/parcel split plans, land development plans, and/or permit applications submitted to the City of Brook Park.
A. Wetlands shall be delineated by a site survey, approved by the City of Brook Park, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this chapter. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
B. Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the City of Brook Park.
(4) Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.
(5) No approvals or permits shall be issued by the City of Brook Park prior to delineation of wetland setbacks in conformance with this regulation.
(c) Upon completion of an approved property subdivision/ property/parcel split, commercial development or other land development or improvement, riparian and wetland setbacks shall be maintained as an open space thereafter through a permanent conservation easement. A third party, not the landowner or permittee of the City of Brook Park, which is allowed by state law, shall be given the conservation easement. If no third party will accept the conservation easement, the City of Brook Park shall accept it and protect it perpetuity.
(Ord. 9472-2008. Passed 5-20-08.)
(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 this chapter. No use permitted under this chapter 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) Re-vegetation and/or Reforestation. Riparian and wetland setbacks may be revegetated with non-invasive plant species.
(4) Maintenance of lawns, gardens and landscaping. Lawns, gardens and landscaping, which existed at the time Ordinance 9472-2008 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 of Brook Park Engineer.
A. Any landowner harvesting timber for sale shall post a one-thousand dollar ($1,000.00) performance guarantee with the City of Brook Park. This performance guarantee shall be in the form of a security bond, escrow account, certified check or cash, and it 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 one- hundred-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 twenty-five 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.
6. Provide the US 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 of Brook Park.
(3) Crossings. Crossings of designated watercourses and through riparian setbacks by publicly and privately owned roads, drives, 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 of Brook Park Engineer. Such crossings shall minimize disturbance in riparian setbacks watercourse substrate and shall mitigate any necessary disturbances. Soil erosive materials will not be used in making stream crossings.
(4) Construction of Fencing. Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the distributed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City of Brook Park Engineer.
(Ord. 9472-2008. Passed 5-20-08.)
Any use not authorized under these regulations shall be prohibited in riparian and wetland setbacks. By way of example, the following uses are specifically prohibited; however, prohibited uses are not limited to those examples listed here.
(a) Construction. There shall be no structures of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for non-commercial composting of uncontaminated natural materials, and except as permitted under the uses permitted in riparian and wetland setbacks section of this chapter.
(c) Roads or Driveways. There shall be no roads or driveways permitted in riparian and/or wetland setback area, except as permitted under the uses permitted in riparian and wetland setbacks section of this chapter. There shall be no roads or driveways or roads permitted in wetlands or watercourses without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
(d) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under the uses permitted in riparian and wetland setbacks section of this chapter.
(e) Disturbance of Natural Vegetation. There shall be no disturbance, including mowing, of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with this regulation; for such disturbances as are approved under the uses permitted in riparian and wetland setbacks section of this chapter; and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of this chapter. Nothing in this chapter shall be construed as requiring a landowner to plant or undertake any other activities in riparian and wetland setbacks.
(f) Parking Lots. There shall be no parking lots or other human-made impervious cover, except as permitted under the uses permitted in riparian and wetland setbacks section of these regulations.
(g) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian and wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with local county Board of Health regulations in effect at the time of application of this chapter.
(h) Crossings. Crossings of designated riparian and wetland setbacks by publicly and privately owned sewer and/or water lines and small public and small private utility transmission lines without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
(Ord. 9472-2008. Passed 5-20-08.)
(a) A non-conforming use within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is not otherwise permitted under this chapter, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.
(b) A non-conforming structure within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roof line may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.
(c) A non-conforming structure or use or deteriorated structure within a riparian and wetland setback which is in existence at the time of passage of this chapter, and which is discontinued, terminated, or abandoned for a period of six months or more, may not be revived, restored, or reestablished. This section shall also not prohibit ordinary repairs to a residence or residential accessory building that are not in conflict with other provisions in this chapter.
(d) A non-conforming structure or use that is discontinued may be resumed any time within six months from such discontinuance but not thereafter. No change or resumption shall be permitted that is more detrimental to riparian and wetland setbacks, as measured against the intent and objectives of these regulations as determined by the City of Brook Park, than the existing or former non-conforming structure or use.
(e) In the case of a non-conforming structure within a riparian or wetland setback, the City of Brook Park will allow a ten-foot maintenance access zone measured perpendicular to the structure, to temporarily extend further into the setback as long as disturbance to existing vegetation is minimized and vegetation is restored to the pre-existing state, as near as practical, upon completion. If any soil disturbance in a wetland will occur as part of any such maintenance activity, a permit from the U.S. Army Corps of Engineers or the Ohio EPA, as appropriate, must be submitted prior to onset of the soil disturbing activity.
(f) In the case of a non-conforming structure, the City of Brook Park Engineer may allow minor upgrades to the structure that extend further into the riparian setback, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten feet further toward the watercourse than the original foundation of the structure existing at the time of passage of this regulation, and further provided that the modification will not impair the function of the riparian zone nor destabilize any slope nor stream bank, as determined by the City of Brook Park Engineer.
(Ord. 9472-2008. Passed 5-20-08.)
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