(a) Where there are wetlands protected under federal and/or state law, wetland setbacks are established as follows:
(1) A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(2) A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(b) Wetland Setback Averaging: The City may allow modifications of the standard Riparian Setback width for wetlands on a case-by-case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where a Qualified Wetland Professional demonstrates to the satisfaction of the City that:
(1) It will not reduce wetland functions or functional performance;
(2) The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;
(3) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and
(4) The buffer width is not reduced to less than 75% of the standard width.
(Ord. 2008-19. Passed 2-26-08.)