(a) It is hereby determined that the system of rivers, streams and other natural watercourses within the county contribute to the health, safety and general welfare of the residents of the county. The following requirements protect these services by providing reasonable controls governing uses in riparian areas. In addition, the specific purpose and intent of this section are to regulate uses and developments within the riparian buffer area that would impair the ability of the riparian area to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow.
(2) Stabilize the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses by filtering, settling and transforming pollutants in runoff before they enter watercourses.
(4) Provide high quality watercourse habitats with shade and food.
(5) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(6) Benefit the community economically by minimizing encroachment on watercourse channels and the need for costly engineered solutions such as dams, retention basins and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents and by contributing to the scenic beauty and environment of the Village, and thereby preserving the character of the Village, the quality of life of the residents of the Village and corresponding property values.
(b) Establishment of Riparian Buffer Areas.
(1) The Riparian Buffer Area shall apply to all streams or surface water courses as herein defined and are indicated on one of the following maps:
A. United States Geological Survey (USGS) topographical maps.
B. Soils maps located in the Soil Survey for Trumbull County, Ohio.
Streams or surface water courses: Those with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.
(2) Width of the Riparian Buffer Area shall be measured in a horizontal direction outward from the ordinary high water mark on each side of the stream and shall be established as follows:
A. A minimum of 65 feet on either side of all streams draining an area greater than ½ square mile.
B. A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile with a defined bed and bank as determined by the Village Road Commissioner.
(3) Where the 100-year flood plain is wider than the Riparian Buffer Area on either or both sides of the watercourse, the Riparian Buffer Area shall be extended to the outer edge of the 100-year flood plain. The 100-year flood plain shall be defined by FEMA or a site-specific flood plain delineation in conformance with standard engineering practices and approved by the Planning Commission.
(4) Where wetlands are identified within the Riparian Buffer Area, a 50-foot minimum buffer shall be established from the outer boundary of the wetlands and around the entire wetland area. Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and the Ohio Protection Agency and the delineation approved by the appropriate agencies.
(5) When slopes in excess of 15 percent (being 15-foot change in elevation in a 100- foot horizontal distance) are located within the Riparian Buffer Area, the Riparian Buffer Area shall be extended an additional distance equal to one half the vertical distance of the slope located within the Riparian Buffer Area but shall not be less than 10 feet.
(6) The following are exempt from the terms and provisions of this section: 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.
(c) Conditions. The following conditions shall apply to the Riparian Buffer Area:
(1) It is encouraged to preserve the Riparian Buffer Area in its natural state. Modifications to the vegetation and trees in the Riparian Buffer Area may be permitted for the purpose of landscaping that will increase the aesthetic value of the subdivision. Any modifications shall require approval via preliminary plan approval as outlined in Chapter 1103.
(2) The developer, applicant or designated representative shall be responsible for delineating the Riparian Buffer Area, including any expansions or modifications as required by this section, and identifying this area on all subdivision, land development plans, and/or Zoning permit applications submitted to the Village. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Road Commissioner. As the result of this review, the Village may require further studies from the developer, applicant or designated representative.
(3) Prior to land clearing, grading or grubbing, the Riparian Buffer Area shall be delineated by the landowner on the construction site by silt fences, snow fences, or other similar device as approved by the Village Road Commissioner, and such delineation shall be maintained throughout construction.
(4) Upon completion of an approved subdivision, land development or other improvement, the Riparian Buffer Area shall be permanently recorded on the plat records for the county.
(Ord. 56-2005. Passed 10-3-05.)