(a) The Stream Corridor Protection Zone (SCPZ) for streams within Canal Winchester has been mapped by the municipality. A copy of the mapped protection zones may be obtained from the Director of Public Works. The setback width on any specific parcel will be that area indicated on the Stream Corridor Protection Zone Map or as calculated using the methodology specified in Canal Winchester’s Stormwater Design Manual.
(b) The SCPZ must be clearly shown on site development plans.
(c) All applicable State and Federal regulations shall be followed, including Sections 401 and 404 or the Clean Water Act. No exceptions to this rule will be allowed to raise flood elevations upstream of the project.
(d) All conveyances and conduits containing a stream, if allowed, shall have the capacity to carry a minimum of a 10-year design storm from the entire upstream drainage area. In addition, a flood routing flow path shall be included to carry the 100-year storm flow. This flood routing path must be clearly shown on the site development plans, and the Applicant shall provide stormwater calculations for the proposed enclosure and flood routing to the municipality for approval.
(e) Construction Limitations.
(1) Except as otherwise provided in this regulation, the SCPZ shall be preserved in its natural state.
(2) Prior to any earth moving or clearing and grubbing activity on a development property, the SCPZ shall be clearly delineated by the Applicant or their designated representative on the site. Such delineation shall also be identified on the Erosion and Sediment Pollution Control Plan (See Section 1115.10 of the Codified Ordinances) and this delineation shall be maintained throughout soil disturbing activity.
(3) No later than the conclusion of construction, the Applicant shall permanently delineate the SCPZ in an aesthetically harmonious manner, approved by the Director of Public Works, such that the location of the riparian setback boundary defining the SCPZ is apparent to the casual observer and that permits access to the zone.
(4) Language preventing property owners from constructing facilities and performing activities that are prohibited within the SCPZ shall be shown on the plat or separate instrument and reflected on all deeds.
(5) Land contained within the SCPZ may, at the Applicant’s option and if approved by Council, be deeded in fee simple to the municipality. Alternatively, the land contained within the SCPZ shall be preserved via dedicated conservation easement or reserve.
(6) The Applicant shall obtain all necessary permits from the Army Corps of Engineers, OEPA and other regulatory agencies as needed. The Applicant is responsible for all permitting fees.
(f) Post-Construction Requirements.
(1) Permitted uses and activities.
A. Passive Uses. Uses that are passive in character shall be permitted in the SCPZ, including but not limited to, passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, picnicking and similar uses. Construction of paved trails to further such passive recreation uses are also permitted. However, trails that become damaged due to natural erosion shall not be repaired but shall be moved upland or removed altogether.
B. 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 watercourses or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6-inches in diameter at the cut end shall be cut into sections no longer than 6-feet, anchored to the shore or removed.
C. Revegetation and/or Reforestation. The Urban Forester maintains a list of plant and shrub species recommended for stabilizing flood prone areas. Proper selection of species is dependent on soil conditions, available water and amount of sun exposure. Proper species selection will take into account these factors.
D. Public Utilities. Sanitary sewer, storm sewer, and/or water lines and public utility transmission lines may be located within the riparian setback and disturbances of the setback necessary to place and/or maintain such utilities are also authorized. The placement, construction and maintenance of such utilities shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. The developer and/or landowner shall secure the appropriate state and federal permits required for installations of this type. Utilities that are parallel to the stream shall not be constructed or placed within the SCPZ.
E. Public Roadways. Public Roadways may cross the riparian setback and disturbances of the setback necessary to place and/or maintain the roadways are authorized. The placement, construction and maintenance of the roadway shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. There shall be no more than two roadway crossings of the setback within any proposed development. The developer and/or landowner shall secure the appropriate state and federal permits required for installations of this type.
F. Construction activities associated with properly permitted stream restoration projects.
G. Disturbances resulting from permitted stream and/or wetland mitigation projects provided that mitigation is to offset impacts to local wetlands.
H. “Emergency Channel Maintenance Activity” may be authorized by the Village engineer, as needed to restore and/or maintain the flood carrying capacity of the main channel area. Such activity may include, but not be limited to removal of offending trees or brush or the accumulation of sediment in the main channel, as necessary to restore flood flow carrying capacity of the main channel.
(2) Prohibited uses. Any use not authorized under these regulations shall be prohibited in the SCPZ. 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 filling. There shall be no drilling, filling, dredging, grading or dumping of soils, spoils, liquid or solid materials. No floodplain fill permits will be granted for areas within the SCPZ except those that are required for activities listed as permitted uses above.
C. Motorized Vehicles. There shall be no use of motorized vehicles except as needed for activities associated with those listed as permitted uses above.
D. Parking Lots. There shall be no parking lots or other human made impervious cover except as allowed above.
E. Stormwater Detention Facilities. Stormwater detention facilities may be located adjacent to, but not within, the SCPZ unless otherwise approved by the Director of Public Works.
F. Platted Lots. No part of any lot to be developed will be located within the SCPZ.
(3) Non-conforming Uses and Structures within the SCPZ.
A. Any non-conforming use, existing at the time of passage of this regulation and within a SCPZ that is not permitted under this regulation, may be continued but shall not be changed to a new use or enlarged unless changed to a use permitted under this regulation.
B. A non-conforming use, existing at the time of passage of this regulation and within a SCPZ that is not permitted under this regulation, may be continued but shall not have the existing building footprint or roofline expanded or enlarged.
C. A non-conforming use, existing at the time of passage of this regulation and within a SCPZ that has substantial damage and that is discontinued, terminated, or abandoned for a period of six (6) months or more may not be revived, restored or re-established. Substantial damage is defined in Section 1149.04(d) as damages that equate to greater than half of the fair value of the property.
(g) Maintenance of the Stream Corridor Protection Zone.
(1) Disturbance of natural vegetation. There shall be no disturbance of the natural vegetation at any time, including construction of the remainder of the site, except for such plantings as are consistent with these regulations; for removal of invasive species and their replacement with native vegetation; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations except as needed for activities associated with those listed above.
(2) Recommended vegetation for stabilizing floodprone areas. Proper selection of species for stabilization of flood prone areas is dependent on several factors, including soil conditions, available water and amount of sun exposure. Proper species selection and installation will take into account these factors. A list of appropriate plant species is maintained by the Urban Forester. (Ord. 49-08. Passed 9-2-08.)