(a) Designated watercourses shall include those watercourses meeting any ONE of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, OR
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village of Highland Hills may consult with a representative of the Cuyahoga County 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 150 feet on either side of all watercourses draining an area greater than 300 square miles.
(2) A minimum of 75 feet on either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 50 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(4) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the Village of Highland Hills in Section 1132.05 of this regulation.
(c) Riparian Setback Guide Map. The Village of Highland Hills shall create a guide map identifying designated watercourses and their riparian setbacks. Said guide map is attached hereto and made part of this regulation and is identified as Exhibit 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. This map was prepared as a Riparian Setback Map by the Village of Highland Hills in accordance with Section 1132.05. The Village of Highland Hills digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The Village of Highland Hills assumes no legal responsibility for this information.
(3) Nothing herein shall prevent the Village of Highland Hills from amending the Riparian Setback Guide Map from time to time as may be necessary.
(4) If any discrepancy is found between the Riparian Setback Guide Map and this regulation, the criteria set forth in Section 1132.05 (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 1132.05.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the Village of Highland Hills may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Village of Highland Hills. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. In addition, wetlands within riparian setbacks shall be protected with the same setback as required for the associated stream. 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 regulation. Any costs associated with reviewing these delineations may be assessed by the Village of Highland Hills to the applicant.
The minimum riparian setback on an in-line pond existing at the time of application of this regulation 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. Riparian setbacks on inline ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1132.05. The creation of new in-line impoundments shall not be permitted under these regulations.
(Ord. 2012-39. Passed 7-11-12.)