(a) Riparian Setbacks are established on all Streams within the City’s jurisdiction. Streams shall include those watercourses meeting any one of the following criteria:
(1) All streams draining an area greater than ½ square mile, or
(2) All streams draining an area less than ½ square mile and having a defined bed and bank. In determining if water courses have a defined bed and bank, the City of Fairview Park may consult with a representative of the local county SWCD or other technical experts as necessary.
(b) Widths of Riparian Setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of the stream and are established as follows:
(1) A minimum of 50 feet on each side of all streams draining an area greater than 20 square miles.
(2) A minimum of 25 feet on each side of all streams draining and area up to 20 square miles.
(3) Where the 100-year floodplain is wider than the Riparian Setback on either or both sides of the stream, the Riparian Setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City 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, a Wetland Setback shall be established to the extent detailed in these regulations.
(c) In determining Stream(s) or the location of a Riparian Setback, the following procedures shall apply:
(1) The City 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 a map identifying Stream and their Riparian Setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained there 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 Streams or riparian setbacks as set forth in these regulations, the criteria 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) Preservation of Riparian Setback Areas: Except as otherwise provided in this regulation, Riparian 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 non-conforming structures or uses in riparian setback areas section of these regulations.
(e) If an applicant has received legal authorization under applicable state and federal laws to fill a wetland/stream or relocate a stream, then the setback requirements shall not apply to those portions of the wetland/stream that have been filled or relocated.
(f) An applicant shall be responsible for delineating the Riparian Setback, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation may be done by a metes and bounds, or higher level survey and shall be subject to the review and approval of the City.
(g) No approval or permits for projects that involve soil disturbing or land clearing activities shall be issued by the City prior to delineation of the Riparian Setback in conformance with these regulations.
(h)_ Prior to any soil disturbing activity, the Riparian Setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout the soil-disturbing or land clearing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(i) Upon completion of an approved subdivision/property/parcel split, land development, or other improvement, the Riparian Setback shall be permanently recorded on the plat records of the City. (Ord. 08-18. Passed 3-3-08.)