(a) If an applicant can demonstrate to the satisfaction of the City Engineer that intrusion within the delineated Riparian Setback boundary is necessary to accomplish the purposes of a project, then the applicant must provide mitigation for that impact. The applicant shall develop a plan for mitigation and submit it to the City Engineer for review and approval. For a plan to be approvable it must meet the following minimum requirements:
(1) Mitigation for an impact will be required based on the location of the intrusion. The closer the intrusion to the stream, the more mitigation will be required. The Riparian Setback area for the stream corridor calculated in accordance with the method specified in Section 1339.08
(a) shall be divided into two zones. Zone 1 extends from 0 to 25 feet from the stream edge; Zone 2 extends from 25 feet to the outer edge of the setback corridor. Intrusion into these zones will require the following mitigation within the same Watershed Assessment Unit:
A. An applicant shall provide mitigation equal or greater than four times the total area disturbed in the stream and within Zone 1 of the site being developed shall be mitigated within Zone 1 of the mitigation location. At least a fourth of the mitigation area shall be mitigation in the form of stream restoration in accordance with guidelines developed by the City of Fairview Park. The remaining mitigation can be in the form of restoration or protection.
B. An applicant shall provide mitigation equal or greater than three times the area disturbed within Zone 2 of the site being developed shall be mitigated within Zone 1 and/or 2 of the mitigation location.
(2) All mitigation shall, at a minimum include conserved or restored setback zone, and should be designed to maximize the ecological function of the mitigation. Including mitigation at the stream edge along with associated setback areas is one way to maximize ecological function. The applicant shall demonstrate to the satisfaction of the City Engineer that the mitigation provided will have equivalent or greater ecological value than the riparian area impacted by the project. Mitigation shall be protected in same manner as existing Riparian Setback areas under this ordinance.
(b) If an applicant can demonstrate to the satisfaction of the City Engineer that intrusion within the delineated wetland setback is necessary to accomplish the purposes of a project, then the applicant must provide mitigation for that impact. The applicant shall develop a plan for mitigation and submit it to the City Engineer for review and approval. For a plan to be approvable it must meet the following minimum requirements:
(1) Mitigation for an impact will be required based on the location of the intrusion, the closer the intrusion to the wetland, the more mitigation that will be required. The Wetland Setback area for a wetland is calculated in accordance with the method specified in Section 1339.09(a) shall be divided into two zones. Zone 1 extends from 0 to 25 feet from the wetland edge and Zone 2 extends from 25 feet to the outer edge of the setback area. Intrusion into these zones will require the following mitigation within the same Watershed Assessment Unit:
A. An applicant shall provide mitigation equal or greater than four times the total area disturbed within Zone 1 of the site being developed.
B. An applicant shall provide mitigation equal or greater than two times the area disturbed within Zone 2 of the site being developed.
(2) The mitigation may include buffer zone or wetland restoration or enhancement. The applicant shall demonstrate to the satisfaction of the City Engineer that the mitigation provided will have equivalent or greater ecological value than the riparian area impacted by the project. Mitigation shall be protected in same manner as existing Wetland Setback areas under this chapter. (Ord. 08-18. Passed 3-3-08.)