1354.01 Riparian and wetland setback requirements.
1354.02 Definitions.
1354.03 Establishment of designated watercourses, riparian and wetland setbacks.
1354.04 Uses permitted in riparian setbacks.
1354.05 Uses prohibited in riparian and wetland setbacks.
1354.06 Non-conforming structures or uses in riparian and wetland setbacks.
1354.07 Variances within riparian and wetland setbacks.
1354.08 Boundary interpretation and appeals procedure.
1354.09 Inspection of riparian setback.
1354.10 Conflicts with other regulations and severability.
CROSS REFERENCES
Erosion and sediment control - see BLDG. Ch. 1353
(a) It is hereby determined that the system of wetlands, riparian areas, rivers, streams, and other natural watercourses within the community contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of this part of these regulations is to regulate future uses and developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
(2) Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(4) Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
(5) Protect groundwater quality by filtering pollutants from storm water runoff.
(6) Recharge groundwater reserves.
(7) Provide watercourse habitats with shade and food.
(8) Provide habitat to a wide array of aquatic organisms and wildlife by maintaining diverse and connected riparian and wetland vegetation.
(b) The following regulations have been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing the construction or expansion of structures and changes to the uses within a wetland and/or riparian setback along designated watercourses and/or wetlands in the City.
(c) Applicability and Compliance:
(1) These regulations shall apply to all lands that are within the jurisdiction of the City and that border designated watercourses and wetlands as defined in these regulations.
(2) The City shall issue no approvals or permits without full compliance with the terms of these regulations.
(d) Violation: Any person who violates any section of these regulations shall be guilty of a misdemeanor of the first degree and, upon conviction thereof, shall be subject to punishment as provided in Section 937.99, and shall be required to restore the riparian and/or wetland setback through a restoration plan approved by the City.
(Ord. 22-23. Passed 3-16-22.)
(a) For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(1) COMMUNITY: Throughout this regulation, this shall refer to the [community] or its designated representatives, boards, or commissions.
(2) DAMAGED OR DISEASED TREES: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean 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 watercourse or onto a structure.
(3) DESIGNATED WATERCOURSE: A watercourse within the community that is in conformity with the criteria set forth in this regulation.
(4) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(5) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, and sidewalks.
(6) NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
(7) 100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
(8) OHIO ENVIRONMENTAL PROTECTION AGENCY: Referred throughout this regulation as the "Ohio EPA."
(9) OHIO EPA CATEGORY 2 WETLANDS: Those wetlands classified as Category 2 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(10) OHIO EPA CATEGORY 3 WETLANDS: Those wetlands classified as Category 3 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(11) 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 bed of a watercourse.
(12) RIPARIAN AREA: Land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(13) RIPARIAN SETBACK: The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.
(14) SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Richland SWCD.
(15) 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.
(16) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed fifty percent (50%).
(17) WATERCOURSE: Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(18) WETLAND: 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. (40 CFR 232, as amended).
(Ord. 22-23. Passed 3-16-22.)
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