(A) The following uses are permitted by right within the riparian setbacks without prior approval.
(1) Open space uses. Open space uses that are passive in character shall be permitted in the riparian setback, including, but not limited to, those listed in divisions (A)(2) through (A)(4) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately-held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.
(2) Recreational activity. Passive recreational uses, as permitted by federal, state and local laws, such as hiking, nonmotorized bicycling, fishing, hunting, picnicking, and similar uses and associated structures, including boardwalks, pathways constructed of pervious material, picnic tables and wildlife viewing areas.
(3) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter shall be anchored to the shore or removed from the 100-year floodplain.
(4) Revegetation and/or reforestation. The revegetation and/or reforestation of the riparian setback shall be allowed without approval of the County SWCD. Species of shrubs and vines recommended for stabilizing flood-prone areas along streams within the city are listed in the Appendix of this chapter.
(B) The following uses are permitted by right within the riparian setbacks with prior approval of the design.
(1) Stream bank stabilization/erosion control measures. Best management practices (BMPs) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state and federal government regulations, and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a storm water pollution prevention plan (SWPPP or SWP3) by the County SWCD.
(2) Crossings. In reviewing plans for stream crossings, the city may confer with the County SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County Engineer; the Department of Environmental Services of the county; the County Health Department; or other technical experts as necessary.
(a) Limited crossings of designated streams through the riparian setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county and state governing agencies and as a part of the regular subdivision review process.
(b) One driveway crossing per stream per tax parcel will be allowed for individual landowners.
(c) Roadway crossings for major and minor subdivisions, open space subdivisions or any other nonsingle-family residential use shall be designed and constructed per the city’s design standards and as approved by the Planning and Zoning Commission. If more than two crossings per 1,000 linear feet of stream center are required for these areas, the applicant must apply for a variance.
(d) All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the riparian setback and shall mitigate any necessary disturbances.
(3) Placement of storm water retention or detention facilities may be considered within the riparian setback if:
(a) Storm water quality treatment that is consistent with current state standards is incorporated into the basin; or
(b) The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
(4) Dredging may be permitted; provided the city or property owner obtains all necessary permits that may be required, and notification and presentation of the plan are provided to the Engineering Department for review and approval.
(Prior Code, § 1468.06) (Ord. 03-11, passed 10-28-2003)