(a) Notwithstanding the prohibitions of Section 1226.07, the following activities are permitted within wetland areas without a permit, unless otherwise prohibited by statute, ordinance or regulation:
(1) Fishing, trapping or hunting.
(2) Swimming or boating.
(3) Hiking, horseback riding, birdwatching or other similar recreational activities.
(4) Grazing of animals.
(5) Education, scientific research and nature study.
(6) Maintenance or operation of serviceable structures in existence on the effective date of this chapter or constructed pursuant to this chapter.
(7) Construction or maintenance of stock ponds.
(8) Maintenance or improvement of public streets, highways or roads within the right of way and in such a manner as to assure that any adverse effect on the wetland will be otherwise minimized. Maintenance or improvement does not include adding extra lanes, increasing the right of way or deviating from the existing location of the street, highway or road.
(9) Maintenance, repair or operation of gas or oil pipelines and construction of gas or oil pipelines having a diameter of six inches or less, if the pipelines are constructed, maintained or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(10) Maintenance, repair or operation of electric transmission and distribution power lines and construction of distribution power lines, if the distribution power lines are constructed, maintained or repaired in a manner to assure that any adverse effect on the wetland will be otherwise minimized.
(11) Actions taken in times of emergency, including the repair or restoration of public roads, electrical lines, natural gas lines and storm drainage systems, when immediate action is necessary to protect public health or safety or to prevent damage to property. A person taking such emergency action shall, within fourteen days thereof, provide a report to the Village of Franklin Planning Commission describing the action taken and the nature of the emergency necessitating the action. The matter shall be reviewed by the Planning Commission, which shall make a determination as to whether the resulting activity was reasonably necessitated by the emergency situation. To the extent the resulting damage exceeds that reasonably necessitated by the emergency situation, the person shall be subject to penalty.
(12) Installation on lakes or ponds, for noncommercial use, of any type of dock, boat hoist, ramp, raft or other recreational structure which is placed in a lake and removed at the end of the boating season.
(13) Improvement or maintenance of the Franklin River or its tributaries when such operations are organized or endorsed by the Village and specifically intended to preserve natural resources. Such permitted activities shall include, but not be limited to:
A. Removal of materials which may cause diverted flows and bank erosion, including the removal of trees, brush and debris;
B. Bank stabilization projects which require minimal disturbance of existing conditions; and
C. Wildlife and aquatic habitat improvement projects.
(b) Where a final subdivision plat or final site development plan containing work as defined in this chapter has been reviewed and approved by the Council in conformance with the requirements of this chapter, such approval, together with any additional terms and conditions attached hereto, shall be considered to have completed the requirements for a permit under this chapter, which permit shall then be issued by the Village of Franklin.
(c) After the effective date of this chapter, but immediately prior to the approval of a State program under Section 404 of Title 4 of the Clean Water Act of 1977, 33 U.S.C. 1344, where a project solely involves the discharge of fill material subject to the individual permit requirements of Section 4040 of Title 4 of the Clean Water Act of 1977, 33 U.S.C. 1344, an additional permit shall not be required by this chapter.
(Ord. 190. Passed 5-9-94.)