(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half (1/2) square mile, or
(2) All watercourses draining an area less than one-half (1/2) square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the City 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 (300) feet on each side of all watercourses draining an area greater than three hundred (300) square miles.
(2) A minimum of one hundred twenty (120) feet on each side of all watercourses draining an area greater than twenty (20) square miles and up to and including three hundred (300) square miles.
(3) A minimum of seventy-five (75) feet on each side of all watercourses draining an area greater than one-half (1/2) square mile and up to and including twenty (20) square miles.
(4) A minimum of twenty-five (25) feet on each side of all watercourses draining an area less than one-half (1/2) square mile and having a defined bed and bank as determined above.
(c) Riparian Setback Map.
(1) The City shall use the map "Water Features of the City of Cleveland" produced by the City Planning Commission as the map identifying designated watercourses and their riparian setbacks. Nothing in this chapter shall prohibit the City from amending the map from time to time as may be necessary.
(2) At the time of application of this regulation, if any discrepancy is found between the map "Water Features of the City of Cleveland" and the criteria for designated watercourses, riparian setbacks, or wetland setbacks as set forth in these regulations, the criteria set forth in these regulations shall prevail.
(3) In reviewing and interpreting the maps, the City 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 regulation, riparian and wetland setbacks shall be preserved in their natural state, except that non-conforming structures and non-conforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in the these regulations. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(3) Where the one hundred (100) year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the one hundred (100) year floodplain. The one hundred (100) year floodplain shall be defined by FEMA and federal floodplain regulations and the City's Flood Plain Management Ordinances at Chapter 3167.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
(5) Wetlands shall be delineated by a site survey approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time an application is made under this regulation. If a conflict exists between the delineation protocols of these two (2) agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. Any costs associated with reviewing these delineations may be assessed by the City to the applicant.
(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 these regulations, 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. 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. As a result of this review, the City 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 the 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 prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations. No building permits that include land clearing or soil disturbing activities shall be issued by the City prior to delineation of riparian and wetland setbacks in conformance with these regulations.
(h) Upon completion of an approved property subdivision/property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City.
(Ord. No. 1555-13. Passed 10-17-16, eff. 10-19-16)