(A) Riparian setbacks are established as provided in this chapter.
(B) Streams addressed by this chapter are those which meet the definition of STREAM in § 153.023 and are indicated on at least one of the following maps:
(1) USGS topographical map;
(2) County riparian setback map;
(3) Soils maps located in the soil survey for the county, USDA or NRCS; or
(4) Riparian setback map.
(C) Widths of setbacks are measured as horizontal map distances outward from the ordinary high water mark on each side of a stream, and are established as follows:
(1) A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles;
(2) A minimum of 100 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles;
(3) A minimum of 75 feet on each side of all streams draining an area greater than one-half square mile (320 acres) and up to 20 square miles;
(4) A minimum of 50 feet on each side of all streams draining an area greater than 0.05 square mile (32 acres) and up to one-half square mile (320 acres); and
(5) A minimum of 30 feet on each side of all streams draining an area less than 0.05 square mile (32 acres).
(D) The following are exempt from the terms and protection of this chapter: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tile drainage systems and stream culverts.
(E) The following shall apply to the riparian setback.
(1) 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 and subject to review and approval per Ordinance 2002-02.
(2) (a) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the riparian setback formulae for width determination:
Average Percent Slope | Width of Setback |
15% to 20% | Add 25 feet |
21% to 25% | Add 50 feet |
>25% | Add 100 feet |
(b) Average stream bank slope is to be calculated using methodology outlined in The Ohio Supplement to Urban Hydrology for Small Watersheds, Technical Release Number 55 (TR-55) by USDA, NRCS.
(3) Where wetlands protected under federal or state law are identified within the riparian setback, the riparian setback shall consist of the full extent of the wetlands, plus the following additional setback widths:
(a) A 50-foot setback extending beyond the outer boundary of a Category 3 wetlands;
(b) A 30-foot setback extending beyond the outer boundary of a Category 2 wetlands; and
(c) No additional setback will be required adjacent to Category 1 wetlands.
(4) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of these regulations.
(5) The applicant shall be responsible for delineating the riparian setback, including any expansions or modifications as required by divisions (B) through (D) of this section, 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 shall be subject to review and approval by the County SWCD. As the result of this review, the County SWCD may require further studies from the applicant.
(6) 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 soil-disturbing 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.
(7) No approvals or permits shall be issued by the city prior to delineation of the riparian setback in conformance with these regulations.
(8) Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the city.
(Prior Code, § 1468.05) (Ord. 03-11, passed 10-28-2003)