(a) By-Right Uses Without A Permit: The following uses are permitted by right within the Riparian and Wetland Setbacks without prior approval, provided they are not prohibited by any other applicable law. Open space uses that are passive in character shall be permitted in Riparian Setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.
(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses. Structures associated with recreational activity, including limited boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas are permitted.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter shall be anchored to the shore or removed from the 100 year floodplain.
(3) Revegetation and/or Reforestation. Riparian and wetland setbacks may be revegetated with non-invasive plant species.
(4) Maintenance of lawns, gardens and landscaping. Lawns, gardens and landscaping that existed at the time this ordinance was passed may be maintained as long as they are not increased in size.
(5) Removal of deposited flood debris. The accumulation of flood debris within a channel can exacerbate potential flooding problems. The City reserves the right to, at any time, enter a stream area to remove deposited flood debris. Care shall be taken to ensure that the disturbance to the riparian setback is minimized during these events.
(6) Placement of storm water retention or detention facilities. Storm water facilities may be allowed within the Riparian Setback and Wetland Setback if:
A. Storm water quality treatment that is consistent with current state standards is incorporated into the basin.
B. The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
(b) By-Right Uses With A Permit. The following uses are permitted within the Riparian and Wetland Setbacks with prior approval of the design by the City of Middleburg Heights Engineer, provided they are not prohibited by any other applicable law:
(1) Selective harvesting of timber. Selective harvesting of timber may be allowed upon presentation of a Forest Management and Harvest Plan prepared by a Qualified Forester and accepted by the City of Middleburg Heights Engineer.
A. Any landowner harvesting timber for sale shall post a one thousand dollar ($1,000) performance guarantee with the City of Middleburg Heights. This performance guarantee shall be in the form of a Security Bond, Escrow Account, Certified Check or Cash, and it shall be held until completion of the timber-harvesting operation.
B. Due to the potential for felled logs and branches to damage downstream properties and/or to block ditches or otherwise exacerbate flooding, logs or branches resulting from permitted selective harvesting that are greater than 6 inches in diameter at the cut end shall be cut into sections no longer than 6 feet or removed from the 100-year floodplain. Harvested trees or felled logs and branches that are part of a designed and approved Stream bank Stabilization and Erosion Control Measure shall be allowed to remain in a designated watercourse.
C. The Forest Management and Harvest Plan must:
1. Show that the site will be adequately stocked after the approved selective harvest. "Adequately stocked" shall be defined as the residual stocking level greater than the B-Level on the Allegheny Hardwood Stocking Guide produced by the United States Forest Service, or other United States Forest Service stocking guides as dictated by the forest City of Middleburg Heights to be harvested.
2. Show that trees located less than 25 feet from the ordinary high water mark will not be impacted by the proposed harvesting.
3. Include a map of the site. This map shall specify the location of any skid and haul roads required for transporting harvested trees and fire wood from riparian and wetland setbacks.
4. Include the method to be used to transport harvested trees from riparian and wetland setbacks.
5. Specify the erosion control Best Management Practices that will be employed during and after the proposed harvest. These erosion control practices shall be in conformance with the Ohio Department of Natural Resources, Division of Forestry's BMPs for Erosion Control on Logging Jobs in Ohio.
6. Provide the U.S. Army Corps of Engineers and the Ohio EPA Wetland and Stream protection permit numbers and the associated permit requirements.
(2) Stream bank stabilization and erosion control measures. Stream bank stabilization and erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The stream bank stabilization and erosion control measures shall only be undertaken upon approval of a Storm Water Control Plan by the City of Middleburg Heights
(3) Crossings. Crossings of streams and through Riparian Setbacks by publicly and privately owned roads, drives, sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of a Crossing Plan by the City of Middleburg Heights Engineer. Such crossings shall minimize disturbance in riparian setbacks stream substrate and shall mitigate any necessary disturbances. Soil erosive materials will not be used in making stream crossings. Such crossings must also comply with applicable state and federal law, including U.S. Army Corps of Engineer and/or Ohio EPA permits, if such permits are required.
(4) Construction of fencing. Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City of Middleburg Heights Engineer.
(5) Dredging. Dredging may be allowed to be performed for the potential purpose of flood control. In order for the City to approve of dredging of an open channel, a hydrologic/hydraulic engineering study must first be performed and approved by the City Engineer; and that this study indicates that the dredging of a particular watercourse will help minimize future flooding problems. In addition, the dredging activity must be accordance with all applicable state and federal law.
(Ord. 2008-19. Passed 2-26-08.)