(a) Riparian setbacks and wetland setbacks are established as provided in this chapter.
(b) Streams addressed by this chapter are those which meet the definition of “stream” in Section 1492.05 of these regulations and as follows:
(1) All streams draining an area greater than one-half square mile; or
(2) All streams draining an area less than one-half square mile and having a defined bed and bank. In determining if streams have a defined bed and bank, the City may consult with a representative of Cuyahoga Soil & Water Conservation District or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(c) Widths of riparian setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of a stream, and are established as follows:
(1) A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.
(2) A minimum of 120 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 75 feet on each side of all streams draining an area greater than 0.5 square miles (320 acres) and up to 20 square miles.
(4) A minimum of 25 feet on each side of all streams draining an area less than 0.5 square miles (320 acres).
(d) The following are exempt from the terms and protection of this chapter: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey storm water to another system, tile drainage systems and stream culverts.
(e) The following shall apply to the riparian setback:
(1) 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 determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer, or by the FEMA Flood Insurance Rate Maps, whichever is more extensive.
(2) 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 formula for width determination:
Average Percent Slope | Width of Setback |
15% through 20% | Add 25 feet |
Greater than 20% through 25% | Add 50 feet |
Greater than 25% | Add 100 feet |
Average percent slope of the streambank 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 Cuyahoga Topographic Map (1993) or equivalent. 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.
(3) 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. In addition, wetlands shall be protected to the extent detailed in these regulations.
(f) 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.
(3) No additional setback will be required adjacent to Category 1 Wetlands.
(g) 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. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. 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.
(h) If no wetlands are found, the applicant or his or her designated representative shall submit a letter from a qualified wetland professional with the preliminary plat or permit application verifying that the qualified wetland professional has surveyed the site and found no wetlands.
(i) The applicant or his or her designated representative shall be responsible for field delineation of riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property/parcel splits, subdivisions, commercial development or other land development plans, and/or building permit applications submitted to the City. This delineation may be done by a metes and bounds, or higher level, survey, and shall be subject to review and approval by the City. This delineation may be subject to review by the Cuyahoga SWCD at the direction of the City Engineer and at the expense of the applicant. As the result of this review, the City may require further studies from the applicant.
(j) Prior to any soil-disturbing or land-clearing activity, the riparian and/or wetland setbacks 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 area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All construction fencing shall be removed when constructed is completed and replaced with permanent delineation monuments of iron pins or delineators.
(k) No approvals or permits shall be issued by the City prior to delineation of the riparian setback and wetland setback in conformance with these regulations.
(l) Upon completion of an approved subdivision, commercial development or other land development or improvement, the applicant shall have the riparian and/or wetland setbacks permanently recorded on the plat records and written recorded easement(s) and shall be maintained as open space thereafter through a permanent conservation easement.
(Ord. 05-172. Passed 12-5-05; Ord. 21-43. Passed 2-16-21.)