1472.09  ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.
   (a)   Designated watercourses shall include those watercourses meeting any one of the following criteria:
      (1)   All watercourses draining an area greater than one-half square mile; or
      (2)   All watercourses draining an area less than one-half square mile and having a defined bed and bank.
      (3)   In determining if watercourses have a defined bed and bank, the Community may consult with a representative of the local county SWCD or other technical experts as necessary.
   (b)   Riparian setbacks on designated watercourses are established as follows:
      (1)   A minimum of 100 feet on both sides of all watercourses draining an area greater than 20 square miles.
      (2)   A minimum of 75 feet on both sides of all watercourses draining an area greater than one-half square mile and up to and including 20 square miles.
      (3)   A minimum of 50 feet on both sides of all watercourses draining an area greater than 32 square miles and up to and including one-half square mile and having a defined bed and bank as determined above.
   (c)   Riparian Setback Map.
      (1)   The Community shall use the latest edition of the official soil survey that shows drainage features, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
      (2)   At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
      (3)   In reviewing and interpreting the maps the Community may consult with a representative of the local county SWCD and other technical experts as necessary.
   (d)   The following conditions shall apply in riparian and wetland setbacks:
      (1)   Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
      (2)   Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established and marked in the field prior to any soil disturbing or land clearing activities.
      (3)   Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall not be extended to the outer edge of the 100-year floodplain.
      (4)   Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
      (5)    Wetlands shall be delineated by a site survey approved by the Community using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the City Engineer shall determine the extent of the wetlands.
   (e)   The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the Community. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the Community. As a result of this review, the Community may consult with a representative of the local county SWCD or other technical experts as necessary.
   (f)   Prior to any soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or his or her designated representative, and such delineation shall be maintained throughout soil disturbing activities.
   (g)   No approvals or permits shall be issued by the Community prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations.
   (h)   Upon completion of an approved property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the Community.
(Ord. 76-2004. Passed 6-28-04; Ord. 009-2020. Passed 1-13-20.)