(a) The provisions of this chapter shall apply to all lands within the jurisdiction of the City of Fairview Park. No development shall be approved or issued by the City, including a preliminary plan, building (involving land disturbing activities), or zoning approval, without full compliance with the terms of these regulations where applicable.
(b) The Riparian Setback requirements set forth below apply to all Streams which are perennial, ephemeral, or intermittent streams with a defined bed, bank or channel within the City of Fairview Park legal jurisdiction. The presence of streams requiring protection must also be confirmed in the field.
(c) The Wetland Setback requirements set forth herein shall apply to all Category 2 and Category 3 wetlands within the City of Fairview Park legal jurisdiction. If a wetland delineation is required, it shall be performed by a Qualified Wetland Professional under guidelines established by the U.S. Army Corp of Engineers and the Ohio Environmental Protection Agency.
(d) This chapter shall not apply to agricultural operations that are covered by an approved NRCS conservation plan or other plan acceptable to the approving authority. The following are exempt from the terms and protection of this chapter: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tile drainage systems, and stream culverts.
(Ord. 08-18. Passed 3-3-08.)