§ 152.033 RIPARIAN SETBACK.
   (A)   Public purpose.
      (1)   It is hereby determined that the system of streams within the village contributes to the health, safety and general welfare of the residents of the village. The purpose of this riparian setback section is to protect and preserve the water quality within streams of the village and to protect residents of the village from property loss and damage because of flooding and other impacts of the streams. The method of implementing this section is by controlling uses and developments within a riparian setback that would impair the ability of the riparian area to:
         (a)   Reduce flood impacts by absorbing peak flows slowing the velocity of flood waters and regulating base flow.
         (b)   Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks.
         (c)   Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams.
         (d)   Reduce the pollutants in streams during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter streams.
         (e)   Provide areas for natural meandering and lateral movement of stream channels.
         (f)   Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation.
         (g)   Provide high quality stream habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
         (h)   Benefit the village economically by minimizing encroachment on stream channels and reducing the need for costly engineering solutions such as dams and riprap, to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the life of the residents of the village and corresponding property values.
         (i)   Protect the health, safety, and welfare of the citizens of the village.
      (2)   The following regulation has been enacted to protect the services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.
   (B)   Applicability, compliance, and violations.
      (1)   The provisions of this section shall apply to all lands within the village.
      (2)   No preliminary plan, building, or zoning approval shall be issued by the village without full compliance with the terms of these regulations where applicable.
      (3)   Any person or organization that violates the provisions of this section shall be guilty of a minor misdemeanor and, upon conviction thereof, shall be subject to punishment and shall be required to restore the riparian setback through a plan approved by the village.
      (4)   The provisions of this section may be enforced through civil or criminal proceedings brought by the village on behalf of the village.
   (C)   Conflicts with other regulations and severability.
      (1)   Where this section imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract or deed, the provisions of this section shall control.
      (2)   These regulations shall not limit or restrict the application of other provisions of law, regulations, contract, or deed, or the legal remedies available thereunder, except as provided in division (A) of this section.
      (3)   If any clause, section, or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
   (D)   Definitions.
      APPLICANT. Any person who executes the necessary forms to procure official approval of a project or a permit to carry out a project.
      BEST MANAGEMENT PRACTICES (BMPs). Conservation practices or protection measures which reduce impacts from a particular land use. Best Management Practices for construction are outlined in "Rainwater and Land Development, Ohio's Standard for Storm Water Management, Land Development, and Urban Stream Protection" prepared by the Ohio Department of Natural Resources.
      DAMAGED OR DISEASED TREES. Trees that have a split trunk, broken tops, heart rot, or insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, leaning as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.
      DEFINED CHANNEL. A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries.
      FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with overall responsibility for administering the National Flood Insurance Program.
      FINAL PLAT. A final tracing of all or a phase of a subdivision and its complete survey information.
      IMPERVIOUS COVER. Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, roof tops, sidewalks and other areas not covered by vegetation.
      NATURAL SUCCESSION. A gradual and continuous replacement of one kind of plant and animal group by a more complex group.
      NOXIOUS WEED. Any plant defined as a "noxious weed and rank vegetation" in § 521.10 in the Codified Ordinances of the County of Summit, Ohio or as a "noxious weed an rank vegetation" in § 93.50 of this Code of Ordinances.
      OHIO RAPID ASSESSMENT METHOD. A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.
      100-YEAR FLOOD PLAIN. Any land susceptible to being inundated by water from a base flood, which is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations the 100-year flood plain shall be defined by FEMA and approved by the Village Engineer.
      ORDINARY HIGH-WATER MARK. The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high-water mark defines the channel of a stream.
      POLLUTION. Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to; public legitimate beneficial uses; livestock, wildlife, including birds, fish, or other aquatic life.
         (a)   POINT SOURCE. Pollution is traceable to a discrete point or pipe.
         (b)   NON-POINT SOURCE. Pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage, rather than direct discharge.
      PRELIMINARY PLAN. A drawing of a major subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the final plat.
      RIPARIAN AREA. A transitional area between flowing water and terrestrial ecosystems, which provides continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.
      RIPARIAN SETBACK. The area setback from each bank of a stream to protect the riparian area and stream from impacts of development, and stream side residents from impacts of flooding and land loss through erosion. Riparian setbacks are those lands within the village that fall within the area defined by the criteria set forth in these regulations.
      SOIL AND WATER CONSERVATION DISTRICT (SWCD). An entity organized under R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Summit SWD.
      SOIL DISTURBING ACTIVITY. Clearing, grading, excavating, filling or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
      STREAM. A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.
      STORM WATER POLLUTION PREVENTION PLAN (SWPP). The plan which describes all the elements of the storm water strategy implemented during and after construction. The plan addresses erosion control and storm water quality.
      STORM WATER QUALITY TREATMENT. The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.
      VARIANCE. A modification of the enforcement of the riparian setback section which will not be contrary to the public interest and where, due to conditions peculiar to this property and not the result of the action of the applicant, a literal enforcement of this section would result in undue hardship to the applicant.
      WATER COURSE. A natural or artificial water way, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through, or borders the community.
      WATER SHED. An area of land that drains into a particular water course, usually divided by typography.
      WETLANDS. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
   (E)   Establishment of a riparian setback.
      (1)   Riparian setbacks are established as provided in this section.
      (2)   Streams addressed by this section are those which meet the definition of "stream" contained in this section and are indicated on at least one of the following maps:
         (a)   USGS topographical map.
         (b)   Summit County Riparian Setback map.
         (c)   Soils maps located in the Soil Survey for Summit County, Ohio, USDA, NRCS.
      (3)   Widths of setbacks are measured as horizontal map distance outward from the ordinary high watermark on each side of a stream, and shall be minimum of 50 feet on each side of all streams.
      (4)   The following are exempt from the terms and protection of this section: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tiled drainage systems, and stream culverts.
      (5)   The following shall apply to the riparian setback:
         (a)   Where the 100-year flood plain 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 flood plain. The 100-year flood plain shall be defined by FEMA and approved by the village.
         (b)   Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the riparian setback formulae for width determination:
 
Average Percent Slope
Width of Setback
15% through 20%
Add 15 feet
Greater than 20% through 25%
Add 25 feet
Greater than 25%
Add 75 feet
 
            1.   Average percent slope of the stream bank is to be calculated for the area within the riparian setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan. All of the following measurements are to be performed using County of Summit Geographical Information system data (1994, 2000).
            2.   Calculate slope as follows: Change in elevation from the edge of stream channel to edge of riparian setback divided by horizontal map distance from the edge of stream channel to the edge of the riparian setback.
         (c)   Where wetlands protected under federal or state law are identified within the riparian setback, the riparian setback shall consist of the full extent of the wetlands plus the following additional setback widths:
            1.   A 20-foot setback extending beyond the outer boundary of Category 3 wetlands.
            2.   A ten-foot setback extending beyond the outer boundary of a Category 2 wetlands.
            3.   No additional setback will be required adjacent to Category 1 wetlands.
         (d)   Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.
         (e)   The applicants shall be responsible for delineating the riparian setback, including any expansions or modifications as required by divisions (B) through (E) of this section, and identifying this setback on all subdivisions, land development plans, and/or building permit applications.
            1.   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.
            2.   This delineation shall be subject to review and approval by the village. The village reserves the right to consult other agencies familiar with riparian issues. As the result of this review, the village may require further studies from the applicant.
         (f)   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 activities. The delineated areas shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
         (g)   No approvals or permits shall be issued by the village prior to delineation of the riparian setback in conformance with these regulations.
         (h)   Upon completion of an approved subdivision, the riparian setback shall be permanently recorded on the plat records for the County of Summit.
   (F)   Uses permitted in the riparian setback.
      (1)   The following uses are permitted by right within the riparian setbacks without prior approval. Open space uses that are passive in character shall be permitted in the riparian setback including, but not limited to, those listed in divisions (A)(1) through (A)(4) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except and otherwise provided in these regulations, the riparian setback shall be preserved in its natural state.
         (a)   Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.
         (b)   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 six inches in diameter, shall be anchored to the shore or removed from the 100-year flood plain.
         (c)   Revegetation and/or reforestation. The revegetation and/or reforestation of the riparian setback shall be allowed without approval of the village. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the village are listed in the Appendix.
         (d)   The County of Summit Engineer maintains the right of access to all streams within the County of Summit for the purposes outlined in R.C. §§ 6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, and 6137.05.01. The Summit County Soil and Water Conservation District maintains a right of access to streams located within the village pursuant to R.C. § 6101.15. The village has the right to maintain and remove obstructions from waterways located in the municipality when the obstruction is prejudicial to the health, comfort, or convenience of any citizens of the neighborhood pursuant to § 93.38 of this Code of Ordinances.
      (2)   The following uses are permitted by right within the riparian setbacks with prior approval of the design by the village.
         (a)   Stream bank stabilization/erosion control measures. Best Management Practices (BMP's) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a storm water pollution prevention plan (SWPP or SW3P) by the village.
         (b)   Crossings. In reviewing plans for stream crossings, the village may confer with the Summit SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as necessary.
            1.   Limited crossing of designated streams through the riparian setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.
            2.   One driveway crossing per stream per tax parcel will be allowed for individual land owners.
            3.   Roadway crossing for major and minor subdivisions, open space subdivisions, or any other non-single-family residential use shall be designed and constructed as approved by the village. If more than two crossings per 1,000 linear feet of stream center are required for these areas, the applicant must apply for a variance.
            4.   All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the riparian setback and shall mitigate any necessary disturbances.
         (c)   Placement of storm water retention or detention facilities may be considered within the riparian setback if:
            1.   Storm water quality treatment that is consistent with current state standards is incorporated into the basin.
            2.   The storm water quality treatment basin is located at least 50 feet from the ordinary high watermark of the stream.
   (G)   Uses prohibited in the riparian setback. The following uses are specifically prohibited within the riparian setback:
      (1)   Construction. There shall be no structures of any kind except as permitted under these regulations.
      (2)   Dredging or dumping. There shall be no drilling for petroleum or mineral products, mining activity, filling or dredging of soil, spoils, or any material – natural or man-made – except as permitted under these regulations.
      (3)   Roads or driveways. There shall be no roads or driveways, except as permitted under these regulations.
      (4)   Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
      (5)   Modification of natural vegetations. Modification of the natural vegetation shall be limited to conservation maintenance that the land owner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations for such disturbances are approved under these regulations; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a land owner to plant or undertake any other activities in the riparian setback provided the land owner allows for natural succession.
      (6)   Parking lots. There shall be no parking lots or other human made impervious cover except as permitted under these regulations.
      (7)   New surface and/or subsurface sewage disposal or treatment area. Riparian setbacks shall not be used for the disposal or treatment of sewage except for:
         (a)   Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this section.
         (b)   Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Summit County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the riparian setback can be upgraded with approval of the Summit County Health Department and/or the Ohio Environmental Protection Agency.
   (H)   Non-conforming structures or uses in the riparian setback.
      (1)   Structures and uses within the riparian setback, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded without a variance.
      (2)   If damaged or destroyed, these structures or uses may be repaired or restored within two years from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owner's own risk.
      (3)   A residential structure or use within the riparian setback existing at the time of passage of these regulations may be expanded subject to the provision of division (C)(1) through (C)(3) of this section.
         (a)   The expansion conforms to existing zoning regulations.
         (b)   The expansion must not impact the stream channel or the 100-year flood plain.
         (c)   The expansion must not exceed an area of 15% of the footprint of the existing structure or use that lies within the riparian setback. Expansions exceeding 15% of the footprint within the riparian setback must be obtained through the variance process.
      (4)   Non-residential structure or use expansions will be permitted only through the variance process.
   (I)   Boundary interpretation and appeals procedure. An appeal disputing the boundary of the riparian setback or the ordinary high watermark of a stream shall be brought by the applicant before the Village of Mogadore Zoning Board of Appeals and shall be governed by the provisions of § 152.125, provided, however, that the Engineer shall have 60 days from the date of the appeal hearing to evaluate the evidence submitted by the applicant at the appeal hearing and make a written recommendation to theZoning Board of Appeals. The Zoning Board of Appeals shall then render a decision on the appeal within 30 days of its receipt of the Engineer's written recommendation.
   (J)   Variances within riparian setback.
      (1)   Any request for a variance from the requirements of this section shall be brought by the applicant before the Mogadore Zoning Board of Appeals. The Village of Mogadore Zoning Board of Appeals may consult with representatives from the Summit SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Summit Engineer; the Department of Environmental Services of Summit County; the Summit County Health Department; or other technical experts as necessary to consider variance requests.
      (2)   Expansions of residential structures or uses exceeding 15% of the footprint area and expansions of all non-residential structures are subject to division (B)(1) through (B)(4) of this section:
         (a)   The expansion conforms to the existing zoning regulations.
         (b)   The expansion must not impact the stream channel or the 100-year flood plain.
         (c)   The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or stream bank erosion to land owners in those areas. A hydrologic study must be completed by non-residential applicants only as a process of the variance application.
         (d)   The expansion of a nonresidential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the riparian setback.
      (3)   Requests for variances for subdivisions will be considered for the following:
         (a)   An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare and safety of the residents of the subdivision.
         (b)   A reduction of the setback width, not to exceed 10% of the prescribed riparian setback width.
      (4)   No variances shall be granted for expansion of the following structures or uses:
         (a)   Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations, and road maintenance facilities.
         (b)   Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.
      (5)   In reviewing whether to grant variances, the Village of Mogadore Board of Zoning Appeals shall consider the following:
         (a)   The extent to which the requested variance impairs the functions of the riparian area. This determination shall be based on sufficient technical and scientific evidence as provided by the applicant and the agencies listed in divisions (A) through (E) of this section.
         (b)   The soil type and natural vegetations of the parcel as well as the percentage of the parcel that is in the 100-year flood plain.
         (c)   The degree of hardship these regulations place on the applicant and the availability of alternatives to the proposed activity.
   (K)   Inspection of riparian setback.
      (1)   The riparian setback shall be inspected by the village or the Summit SWCD:
         (a)   When preliminary subdivision plat or other land development plan is submitted to the village or the County of Summit.
         (b)   When a building or zoning permit is requested.
         (c)   Prior to any solid disturbing activity to inspect the delineation of the riparian setback as required under these regulations.
      (2)   The riparian setback shall also be inspected annually or as time permits by the village or the Summit SWCD for compliance with any approvals under these regulations or at any time evidence is brought to the attention of the village that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
APPENDIX
WOODY PLANTS SUITABLE FOR RIPARIAN AREAS
Flood Tolerance*
High Flood Tolerance
Shade
Tolerance**
Common
Name
Aronia
arbutifolia
3
Red chokeberry
Aronia
melanocarrpa
3
Black chokeberry
Cephalanthus
occidentalis
5
Common buttonbush
Clethra
alnifolia
2
Summerweet clethera***
Cornus
amomum
4
Silky dogwood
Cornus
stolonifera (sericea)
5
Redoiser dogwood
Hamamelis
vernalis
3
Vernal witchhazel***
Ilex
deciduas
3
Possumhaw***
Ilex
glabra
2
Inkbery***
Ilex
verticilata
3
Common winterberry
Itea
virginica
1
Virginia sweetspire***
Magnolia
virginiana
2
Sweetbay magnolia***
Myrica
pensylvanica
4
Northern bayberry
Physocarpus
opulifolius
4
Common ninebark
Potentilla
fruticosa
4
Bush cinquefoil
Sambucus
canadensis
1
American elderberry
Salix
x cotteti
5
"Bankers" willow***
Salix
exigua
5
Sandbar willow
Viburnum
cassinoides
2
Witherod viburnum
Parthenocissus
quinquefolia
1
Virginia creeper (vine)
 
Flood Tolerance*
High Flood Tolerance
Shade
Tolerance**
Common
Name
Moderate Flood Tolerance*
Calycanthus
floridus
1
Common sweetshrub
Hypericum
kalamianum
5
Kalm St. Johnswort
Viburnum
dentatum
2
Arrowwood viburnum
Xanthorhiza
simplicissima
1
Yellowroot***
Intermediate Flood Tolerance*
Aesculus
parviflora
2
Bottlebush buckeye***
Aesculus
pavia
2
Red buckeye***
Cornus
racemosa
2
Gray dogwood
Lindera
benzoin
1
Common spicebush
Rosa
setigera
4
Prairie rose
Campsis
radicans
3
Trumpetcreeper (vine)
Lonicera
dioica
2
Limber honeysuckle (vine)
Corylus
amencana
2
American filbert
Diervilla
lonicera
1
Dwarf brushoneysuckle
Fothergilla
gardeni
1
Dwarf fothergilla***
Fothergilla
major
1
Large fothergilla***
Hydrangea
arborescens
1
Smooth hydrangea
Hydrangea
quericifolia
1
Oakleaf hydrangea***
Mahonia
aquifolium
1
Oregon grape holly***
Rosa
carolina
4
Carolina rose
Rubus
odoratus
1
Fragrant thimbleberry
Vaccinium
stamineum
2
Common deerberry
Arctostaphylos
uva-ursi
4
Bearberry
Cornus
rogusa
1
Roundleaf dogwood
Corylus
americana
2
American filbert
Diervilla
lonicera
1
Dwarf bushhhoneysuckle
Fothergilla
gardeni
1
Dwarf fothergilla***
Fothergilla
major
1
Large fothergilla***
Hydrangea
arborescens
1
Smooth hydrangea
Hydrangea
quericifolia
1
Oakleaf hydrangea***
Mahonia
aquifolium
1
Oregon grape holly***
Rosa
carolina
4
Carolina rose
Rubus
odoratus
1
Fragrant thimbleberry
Symphoricarpos
albus
1
Common snowberry
Vaccinium
stamineum
2
Common deerberry
No Flood Tolerance
Amorpha
canescens
5
Leadplant***
Ceanothus
americanus
3
New Jersey tea
Comptonia
peregrina
2
Sweetfern
Dirca
palustris
1
Leatherwood
Hypericum
frondosum
5
Golden St. Johnswort
Juniperus
communis
5
Common juniper
Juniperus
horizontalis
5
Creeping juniper***
Rhus
aromatica
5
Fragrant sumac
Sambucus
pubens
1
Scarlet elder
Symphoricarpos
albus
1
Common snowberry
 
   * High Flood Tolerance: Generally low land wet species surviving when flooded or exposed to high water table more than 40% of the growing season.
   * Moderate Flood Tolerance: Generally low land wet species surviving when flooded or exposed to high table more than 30% of the growing season but less than 40%.
   * Intermediate Flood Tolerance: Generally low land wet-mesic species surviving occasional inundation or elevated water table between 20% and 30% of the growing season.
   * No Flood Tolerance: Generally upland dry species exhibiting immediate and rapid decline frequently culminating in death if inundated or exposed to elevated water table for more than 5% of the growing season.
   ** Shade Tolerance: Shade tolerance means able to grow in a state of health and vigor beneath dense shade. In this ranking, shrubs and vines are ranked on a scale of 1 to 5, with 1 being very shade tolerant, and 5 being very shade intolerant.
   Note:
   1.   The majority of plants listed are available on the local commercial market and do not displace native species.
   2.   The cultivated varieties ("cultivars") of the species listed above may also be used.
   3.   Primary information taken from Hightshoe, Gary, 1987. Native Trees, Shrubs, and Vines for Urban and Rural America. Van Nostrand NY, NY.
   4.   For further assistance contact Roger Gettig, Landscape Consulting Program, The Holden Arvoretum, or Steve Roloson, ODNT Scenic Rivers Program. (A.O.)
   *** Denotes plant species that are not native to Ohio.
(Ord. 2004-133, passed 3-15-04; Am. Ord. 11-2007, passed 3-8-07; Am. Ord. 2018-80, passed 11-20-18)