1339.09  ESTABLISHMENT OF WETLAND SETBACKS.
   (a)   Where there are wetlands protected under federal and/or state law, wetland setbacks are established as follows:
      (1)   A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
      (2)   A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
   (b)   Wetland Setback Averaging:  The City may allow modifications of the standard Riparian Setback width for wetlands on a case-by-case basis by averaging buffer widths.  Averaging of buffer widths may only be allowed where a Qualified Wetland Professional demonstrates to the satisfaction of the City that:
      (1)   It will not reduce wetland functions or functional performance;
      (2)   The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;
      (3)   The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and
      (4)   The buffer width is not reduced to less than 75% of the standard width.
         (Ord. 08-18.  Passed 3-3-08.)