(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than or equal to ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City Engineer may consult with representatives of the Medina SWCD, U.S. Army Corps of Engineers, Ohio EPA or other technical experts.
(b) Riparian zones on designated watercourses are established as follows:
(1) A minimum of 120 feet on each side of all watercourses draining an area greater than or equal to 20 square miles.
(2) A minimum of 75 feet on each side of all watercourses draining an area greater than or equal to ½ square mile and up to 20 square miles.
(3) A minimum of 25 feet on each side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined in Section 1238.04 (a) (2) of this regulation.
(c) Riparian Zone Map. The City shall create a map identifying designated watercourses and their riparian zones. This map is attached with this regulation as Exhibit A. The following shall apply to the Riparian zone Map:
(1) Nothing herein shall prevent the City from making additions, amendments, revisions, or deletions from the Riparian zone Map.
(d) The following shall apply in riparian zones:
(1) Riparian zones shall be measured in a horizontal direction, perpendicular to the stream and outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian zones shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a riparian zone on either or both sides of a designated watercourse, the riparian zone shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA.
(4) Where wetlands are identified within a riparian zone the minimum riparian zone width shall be extended to the outer boundary of the wetland. Wetlands shall be delineated by a site survey prepared by a qualified wetland professional using delineation protocols accepted by the U.S. Army Corps of Engineers at the time of application. The wetlands delineation shall also have been submitted to the U.S. Army Corps of Engineers for its review and acceptance. Proof of such U.S. Army Corps of Engineers acceptance must be submitted with the Final Site Plan.
(e) The site owner shall be responsible for delineating riparian zones as required by these regulations and shall identify these setbacks on all site plans submitted to the City Engineer. The site plan shall be drawn to scale and shall be based upon a survey of the affected lot performed and stamped by a Professional Surveyor registered to practice in the State of Ohio. Two (2) copies of the site plan shall be submitted with the Discussion Site Plan application as required by the resolution. In addition, the site plan shall be submitted in an electronic format, either in Arc View GIS or AutoCAD.
(f) If soil disturbing activities, or construction related activities such as materials storage, will occur within 100 feet of the outer boundary of a riparian zone, the riparian zone shall be clearly delineated by the site owner on-site with construction fencing prior to any soil disturbing or construction related activities. Such delineation shall extend 50 feet beyond the limits of soil disturbing or construction related activities and shall be maintained throughout soil disturbing or construction related activities.
(g) The City Engineer shall not issue approvals or permits prior to delineation of riparian zones by the applicant and in conformance with this regulation as detailed in Section 1238.04 (f).
(h) The City Engineer may consult with the Medina SWCD, U.S. Army Corps of Engineers, Ohio EPA or other technical experts retained by City Council in reviewing any submittals associated with implementation of this regulation.
(Ord. 19-06. Passed 4-24-06.)