§ 1294.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.

   (a)   Designated watercourses shall include those watercourses meeting any one of the following criteria:

      (1)   All watercourses draining an area greater than one-half square mile; or

      (2)   All watercourses draining an area less than one-half square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Zoning Inspector may consult with representatives of the Lake 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 120 feet on either side of all watercourses draining an area greater than 20 square miles.

      (2)   A minimum of 75 feet on either side of all watercourses draining an area greater than one-half square mile and up to 20 square miles.

      (3)   A minimum of 25 feet on either side of all watercourses draining an area less than one-half square mile and having a defined bed and bank as determined in § 1294.05(a)(2) of this regulation.

   (c)   Riparian Setback Map. The Planning and Zoning Commission shall create a map identifying designated watercourses and their riparian setbacks. The following shall apply to the Riparian Setback Map.

      (1)   It shall be published 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 Planning and Zoning Commission from making additions, amendments or deletions to the Riparian Setback Map.

      (4)   If any discrepancy is found at the time of application of this regulation between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in § 1294.05(a) and (b) of this regulation, § 1294.05(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.

      (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 riparian setback on either or both sides of a designated watercourse, the 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 Zoning Inspector may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Planning and Zoning Commission. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.

      (4)   Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. Wetlands shall be delineated by a site survey approved by the Planning and Zoning Commission using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. Any costs associated with such a delineation may be assessed to the applicant.

   (e)   The applicant shall be responsible for delineating riparian setbacks, including any expansions or modifications as required by § 1294.05(d)(3) and (d)(4) of this regulation, and identifying these setbacks on all subdivisions, land development plans, and/or zoning permit applications submitted to the Zoning Inspector. This delineation shall be shown on the Lake County Geographic Information System base map and shall be submitted to the Zoning Inspector as an AutoCAD drawing in both electronic and paper copy formats. This delineation shall be subject to review and approval by the Planning and Zoning Commission. Any costs associated with such review may be assessed to the applicant.

   (f)   Prior to any soil disturbing activity, riparian setbacks shall be clearly delineated by the applicant on site, and such delineation shall be maintained throughout soil disturbing activities.

   (g)   No approvals or permits shall be issued by the Zoning Inspector prior to delineation of riparian setbacks in conformance with this regulation.

(Ord. 02-O-33, passed 7-8-2002)