(a) Size of Riparian Buffer Conservation Zone. The measurement of the riparian buffer conservation zone shall extend a minimum of 75 feet along each side of the Big Walnut Creek as measured from the ordinary high water mark, or shall equal the extent of the 100 year floodway plus twenty feet, whichever is greater. The riparian buffer conservation zone shall be extended to include any adjacent wetlands where needed.
(b) Permitted Uses. The following uses or activities are permitted within the riparian buffer conservation zone:
(1) Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands.
(2) Restoration or enhancement of floodplains, riparian areas, and wetlands
(3) Streambank stabilization if approved by the Municipal Engineer.
(4) Non motorized recreational trails (paved and unpaved)
(5) Public utility transmission lines
(c) Road and Bridge Crossings. Crossings of the stream are discouraged but are permitted. Each road and bridge crossing must be approved by the Municipal Engineer.
(d) Uses Prohibited in the Riparian Buffer Zone. Any use or activity not authorized within Section 1704.13(b) shall be prohibited within the riparian buffer conservation zone including but not limited to filing, dredging or dumping, disturbance or removal of natural vegetation, new surface and or subsurface sewage disposal or treatment areas, use of herbicides or pesticides, construction, ditching/diking, use of motorized vehicles, parking spaces or lots, and excavation of topsoil, sand, gravel or rock.
(e) Facilities Prohibited in the Riparian Buffer Zone. The following facilities are prohibited in the riparian buffer zone.
(1) Buildings and structures except bridges
(2) Swimming pools
(3) Signs
(4) Billboards
(5) Fences
(6) Electric lines with the exception of transmission lines
(7) Utility lines
(8) Telecommunication lines with the exception of transmission lines
(9) Cable TV lines
(10) Roads or driveways
(11) Stormwater management facilities
(12) Any other improvements deemed unacceptable by the Municipality
(f) Selective Cutting of Trees. Selective cutting of trees is permitted when such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of an approved reforestation project.
(g) Protective Covenant. All riparian buffer conservation zones shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the Administrator. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.
(h) Delineation of Riparian Buffer Conservation Zone. The riparian buffer conservation zone must be defined on all plans submitted to the Municipality and must be visibility delineated in the field prior to earth disturbing activities.
(i) Plats. All final plats prepared for recording shall clearly:
(1) Show the extent of the riparian buffer conservation zone.
(2) Label the riparian buffer conservation zone.
(3) Provide a note to reference the riparian buffer conservation zone stating: “There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the Village of Obetz.”
(4) Provide a note to reference any protective covenants governing riparian conservation areas stating: “Any riparian buffer conservation area shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas.”
(Ord. 12-06. Passed 5-8-06.)