(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half (½) square mile; or
(2) All watercourses draining an area less than one-half (½) square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 120 feet on either side of all watercourses draining an area greater than twenty (20) square miles and up to 300 square miles;
(2) A minimum of seventy-five (75) feet on either side of all watercourses draining an area greater than one-half (½) square mile and up to twenty (20) square miles; and
(3) A minimum of twenty-five (25) feet on either side of all watercourses draining an area less than one-half (½) square mile and having a defined bed and bank as determined by the Village in Section 1176.05 of this chapter.
(c) Riparian Setback Guide Map. The Village shall create a guide map identifying designated watercourses and their riparian setbacks. Said guide map is attached hereto and made part of this chapter and is identified as Appendix A. The following shall apply to the Riparian Setback Guide Map:
(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate;
(2) It shall be a guide only;
(3) Nothing herein shall prevent the Mayor of the Village from amending the Riparian Setback Guide Map from time to time, as may be necessary, with confirmation of the amendment by the affirmative vote of four (4) members of the Village Council; and
(4) If any discrepancy is found between the Riparian Setback Guide Map and this chapter, the criteria set forth in Section 1176.05(a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse, except for in-line ponds as addressed in Section 1176.05;
(2) Except as otherwise provided in this chapter, riparian setbacks shall be preserved in their natural state;
(3) Where the 100-year floodplain is wider than the riparian setback, Gates Mills Codified Ordinance Chapter 1341 shall govern use of the area between the riparian setback and 100-year floodplain limit;
(4) Where delineated wetlands extend beyond the Riparian Setback, current regulations governing wetland disturbances shall apply to any work proposed within a wetland area. Per typical procedures, wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this chapter. Any costs associated with reviewing these delineations may be assessed by the Village to the applicant; and
(5) The minimum riparian setback on an in-line pond existing at the time of application of this chapter shall be measured from the ordinary high water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. The creation of new inline impoundments shall not be permitted under this chapter.
(Ord. 2020-9. Passed 10-13-20.)