(a) Sewage Disposal. Development shall be served by individual or public sewage disposal structures consistent with the applicable State or County regulations. Individual sewage disposal systems shall comply with all applicable regulations of the Stark County Board of Health.
(b) Conservation of Riparian Areas. A riparian buffer shall be provided along the entire length and on both sides of a river or perennial stream channel. The buffer area shall have a width not less than fifty (50) feet, Riparian buffer areas shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse. Alteration of areas located within the riparian buffer shall be strictly limited and shall be preserved in their natural state.
(1) Permitted uses in a riparian buffer:
A. Walkways and passive recreational activities, as defined herein, when the Planning Commission determines that such activities will create minimal change to the riparian buffer.
B. Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
C. Streambank stabilization projects which emphasize the use of natural materials and native plant species where practical and available. Re-vegetation and/or reforestation with native, noninvasive, riparian trees, shrubs, and herbaceous wetland vegetation should be encouraged for restoration or established wherever possible.
D. Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species to preserve the forest from pest infestation, disease infestation, or fire threat when accomplished under the advice and guidance of an appropriate government agency.
E. Removal of damaged or diseased trees that are in danger of falling and causing damage to structures or causing blockage to the stream flow or otherwise exacerbating flooding.
F. Storm water management wet basin when native plantings are used to provide landscaping around the site. Other storm water retention and detention facilities shall not be constructed in the riparian setback.
G. Crossings of designated watercourses through riparian buffers with roads, driveways, easements, bridges, culverts, utility service lines, or other means.
(2) Prohibited uses in riparian buffer:
A. There shall be no buildings, structures, roads or driveways, parking spaces, parking lots, or loading/unloading spaces or other human made impervious cover, except as permitted under this regulation. Fencing shall not be permitted unless it allows the passage of water.
B. There shall be no use of motorized vehicles, except as permitted under this regulation.
C. There shall be no drilling for petroleum or mineral products, mining activity, grading, filling or dredging of soil, spoils, or any material (natural or man-made) except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
D. New Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the surface and/or subsurface disposal or treatment of sewage, except for undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this resolution or properly-sited disposal/ treatment systems serving dwellings existing at the time of passage of this resolution and permitted or in accordance with the Stark County Board of Health and/or the Ohio Environmental Protection Agency.
(c) Floodway Fringe Protection. In addition to the requirements set forth in Chapter 1164, all buildings, structures or land within a floodway fringe, as defined herein, shall be used, and buildings or structures hereafter shall be erected, altered, enlarged, repaired or rebuilt, moved, or designed to be used, in whole or in part, only for a use listed below.
(1) Agriculture;
(2) Public or private parks and outdoor recreational facilities including swimming pools, riding academies, play fields, ball fields, courts, trails, etc.;
(3) Fencing that allows the free passage of water;
(4) Off-street parking areas accessory to the above uses provided that such areas are improved with pervious pavement materials, such as pervious asphalt or pervious concrete or combinations of geotextiles with sand, gravel and sod.
(d) Wetlands Protection. Wetlands, as defined herein, found within a site that are regulated by the Army Corp. of Engineers or the Ohio EPA must remain in a natural state with minimal disturbance or contamination during construction of buildings, parking areas and streets. No off-site mitigation of wetlands shall be permitted. Wetland areas shall further be protected by the following:
(1) A buffer area having a width not less than twenty (20) feet, measured from the edge of the designated wetland. The area within this buffer shall not be disturbed and shall be retained in its natural state; and
(2) A minimum building and pavement setback of thirty-five (35) feet, measured from the edge of the designated wetland.