(a) Riparian Setbacks are established on all streams covered by this chapter. Streams addressed by this chapter are those which meet the definition of "stream" in Section 1363.05 of these regulations and are indicated on at least one of the following maps:
(1) USGS topographical map.
(2) Soil maps located in the Soil Survey of Cuyahoga County, Ohio, USDA, NRCS.
(b) Widths of Riparian Setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of the stream and are established as follows:
(1) A minimum of 50 feet on each side of all streams draining an area greater than 20 square miles.
(2) A minimum of 25 feet on each side of all streams draining an area up to 20 square miles.
(3) Where the 100-year floodplain is wider than the Riparian Setback on either or both sides of the stream, the Riparian Setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City of Middleburg Heights Engineer.
(4) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, a Wetland Setback shall be established to the extent detailed in these regulations.
(c) Preservation of Riparian Setback areas: Except as otherwise provided in this
regulation, Riparian Setbacks shall be preserved in their natural state, except that nonconforming structures and non-conforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in the nonconforming structures or uses in riparian setback areas section of these regulations.
(d) If an applicant has received legal authorization under applicable state and federal laws to fill a wetland/stream or relocate a stream, then the setback requirements shall not apply to those portions of the wetland/stream that have been filled or relocated.
(e) An applicant shall be responsible for delineating the Riparian Setback, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to the review and approval of the City.
(f) No approval or permits for projects that involve soil disturbing or land clearing activities shall be issued by the City prior to delineation of the Riparian Setback in conformance with these regulations.
(g) Prior to any soil disturbing activity, the Riparian Setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil-disturbing or land clearing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(h) Upon completion of an approved subdivision/property/parcel split, land development, or other improvement, the Riparian Setback shall be permanently recorded on the plat records of the City. (Ord. 2008-19. Passed 2-26-08.)