(a) The following uses are permitted by right within the riparian setbacks and wetland setbacks without prior approval. Open space uses that are passive in character shall be permitted in the setback, including, but not limited to, those listed in subsections (a)(1) through (4) hereof. 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 as otherwise provided in these regulations, the setback shall be preserved in its natural state.
(1) 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.
(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 six inches in diameter shall be anchored to the shore or removed from the 100-year floodplain.
(3) Revegetation and/or reforestion. The revegetation and/or reforestion of the setback shall be allowed without approval. Species of shrubs and vines recommended for stabilizing flood-prone areas along streams within the City are listed in the Appendix II: Woody Plants Suitable For Riparian Areas.
(4) The Engineering Department maintains the right of access to all streams within the City for the purposes outlined in Ohio R.C. 6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, and 6137.05.1.
(b) The following uses are permitted by right within the riparian setbacks and wetland setbacks with prior approval of the design:
(1) Stream bank stabilization/erosion control measures. Best Management Practices (BMPs) 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 review of a Storm Water Pollution Prevention Plan (SWPPP or SWP3) by the Cuyahoga SWCD and approval by the City.
(2) Crossings. In reviewing plans for stream crossings, the City may confer with the Cuyahoga SWCD; the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the Army Corps of Engineers; the County of Cuyahoga Engineer; the Cuyahoga County Health Department or other technical experts as necessary.
A. Limited crossings of designated streams through the setback by vehicles, storm sewers, sanitary sewers, water lines, and public utility lines will be per the approval of local, State and Federal governing agencies and as a part of the regular subdivision review process.
B. One driveway crossing per stream per tax parcel will be allowed for individual landowners.
C. Roadway crossings for major and minor subdivisions, open-space subdivisions, or any other non-single-family residential use shall be designed and constructed per the City's design standards and as approved by the Planning Commission. 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.
D. All roadway crossing shall be perpendicular to the stream flow and shall minimize disturbance to the setback and shall mitigate any necessary disturbances.
(3) 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 Engineer. Harvesting of timber on land designated as an Agricultural Use District shall follow the guidelines and requirements in Chapter 818 of these Codified Ordinances.
A. Any landowner harvesting timber for sale shall post a performance guarantee with the City. This performance guarantee shall be in the form of a surety bond, escrow account, certified check or cash as required in Section 818.01, Permit Fee and Bond Required, 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 six inches in diameter at the cut end shall be cut into sections no longer than six feet or removed from the 100-year floodplain. Harvested trees or felled logs and branches that are part of a designed and approved Streambank 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 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 firewood 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 associated permit requirements.
(4) Placement of storm water retention or detention facilities may be considered within the 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.
C. Every effort is made to locate the facilities in a manner to minimize the impacts to the riparian and wetlands setbacks.
D. The storm water basin and outlet pipe shall be located outside the boundaries of a delineated wetland.
(Ord. 05-172. Passed 12-5-05.)