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   1127.07 USES PERMITTED IN RIPARIAN SETBACKS.
   (a)   By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
      (1)   Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
      (2)   Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
      (3)   Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.
   (b)   By Conditional Use Permit Granted by the Planning and Zoning Commission: When granting Conditional Use Permits for the following uses, the Planning and Zoning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance.
      (1)   Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning and Zoning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.
If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to Mayfield Village. Proof of compliance shall be the following:
         A.   A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
         B.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
         C.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
      (2)   Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such streambank stabilization measures shall only be undertaken upon approval of a Streambank Stabilization Plan by the Planning and Zoning Commission. Any costs associated with review of Streambank Stabilization Plans may be assessed to the applicant.
If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to Mayfield Village.
Proof of compliance shall be the following:
         A.   A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
         B.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or,
         C.   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
      (3)   Storm Water Management Facilities: Storm water management facilities may be constructed in the riparian setback, provided:
         A.   Where the minimum riparian setback is less than or equal to 50-feet, the storm water management facilities are located outside the minimum riparian setback.
         B.   Where the minimum riparian setback is greater than 50-feet, storm water management facilities are located at least 50-feet from the ordinary high water mark of the designated watercourse.
      (4)   Landscaping: The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning and Zoning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
         A.   Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
         B.   Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
            (Ord. 2013-10. Passed 8-19-13.)
   1127.08 USES PROHIBITED IN RIPARIAN SETBACKS.
   Any use not authorized under this regulation shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:
   (a)   Construction. There shall be no buildings or structures of any kind.
   (b)   Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
   (c)   Fences and Walls: There shall be no fences or walls, except as permitted under this regulation.
   (d)   Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.
   (e)   Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.
   (f)   Disturbance of Natural Vegetation: There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
      (1)   Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
      (2)   Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.
      (3)   Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
   (g)   Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, or loading/unloading spaces.
   (h)   New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga County Board of Health.
      (Ord. 2013-10. Passed 8-19-13.)
   1127.09 NON-CONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.
   (a)   A non-conforming use, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.
   (b)   A non-conforming structure, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued but shall not have the existing building footprint or roofline expanded or enlarged.
   (c)   A non-conforming structure or use, existing at the time of passage of this regulation and within a riparian setback, that has substantial damage and that is discontinued, terminated, or abandoned for a period of six (6) months or more may not be revived, restored, or re-established.
(Ord. 2013-10. Passed 8-19-13.)
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