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(a) By-Right Uses Without A Permit: Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing trespass on privately held lands.
(1) Recreational Activity. Passive recreational uses as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(3) Re-vegetation and/or Reforestation. Riparian and wetland setbacks may be re-vegetated with non-invasive plant species.
(b) By-Right Uses with a Permit:
(1) 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.
A. Any landowner harvesting timber for sale shall post a one thousand dollars ($1,000) performance guarantee with the City. This performance guarantee shall be in the form of a Security Bond, Escrow Account, Certified Check or Cash, 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 (6) inches in diameter at the cut end shall be cut into sections no longer than six (6) feet or removed from the 100-year floodplain. Harvested trees or felled logs/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 community to be harvested.
2. Show that trees located less than twenty-five (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 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.
(2) Stream Bank Stabilization and Erosion Control Measures. Stream bank stabilization and erosion control measures designed to protect existing structures or uses may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The stream bank stabilization and erosion control measures shall only be undertaken upon approval of an Erosion and Sediment Control Plan by the City.
(3) Crossings of designated watercourses and through riparian and wetland setbacks by publicly and privately owned sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance in riparian setbacks and shall mitigate any necessary disturbances.
(Ord. 22-23. Passed 3-16-22.)
Any use not authorized under these regulations shall be prohibited in riparian and wetland setbacks. By way of example, the following uses are specifically prohibited; however, prohibited uses are not limited to those examples listed here.
(a) Construction. There shall be no structures of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for non-commercial composting of uncontaminated natural materials, and except as permitted under the uses permitted in riparian and wetland setbacks section of these regulations.
(c) Roads or Driveways. There shall be no roads or driveways permitted in riparian and/or wetland setback area, except as permitted under the uses permitted in riparian and wetland setbacks section of these regulations. There shall be no roads or driveways permitted in wetlands or watercourses without a permit issued by the U.S. Army Corps of Engineers and/or the Ohio EPA.
(d) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under the uses permitted in riparian and wetland setbacks section of these regulations.
(e) Disturbance of Natural Vegetation. There shall be no disturbance of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with this regulation; for such disturbances as are approved under the uses permitted in riparian and wetland setbacks section of these regulations; and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of this regulation. Nothing in this regulation shall be construed as requiring a landowner to plant or undertake any other activities in riparian or wetland setbacks.
(f) Parking Lots. There shall be no parking lots or other human-made impervious cover, except as permitted under the uses permitted in riparian or wetland setbacks section of these regulations.
(g) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian or wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with local county Board of Health regulations in effect at the time of application of this regulation.
(h) Crossings. There shall be no crossings of wetlands by publicly and privately owned sewer and/or water lines and public and private utility transmission lines without a permit issued by the U.S. Army Corps of Engineers and/or the Ohio EPA.
(Ord. 22-23. Passed 3-16-22.)
(a) A non-conforming use within a riparian setback or wetland which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.
(b) A non-conforming structure within a riparian or wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roofline may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.
(1) A non-conforming use or deteriorated structure within a riparian setback or wetland which is in existence at the time of passage of this regulation, and which is discontinued, terminated, or abandoned for a period of six (6) months or more, may not be revived, restored, or re-established.
(Ord. 22-23. Passed 3-16-22.)
(a) The City may grant a variance from this regulation as provided herein. In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the City shall consider the potential harm or reduction in riparian or wetland area functions that may be caused by a proposed structure or use.
(b) In making a variance determination, the Community may consider the following:
(1) The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the City's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.
(4) Soil disturbing activities permitted in a riparian or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize erosion and maximize sediment control.
(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian or wetland setback areas compromises their benefits to the City.
(6) Variances should not be granted for asphalt or concrete paving in the riparian or wetland setbacks. Variances may be granted for gravel driveways in riparian setbacks when necessary.
(7) A parcel existing at the time of passage of this chapter is made unbuildable.
(8) Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.
(Ord. 22-23. Passed 3-16-22.)
(a) When an applicant or their designated representative disputes the boundary of a riparian or wetland setback or the ordinary high water mark of a watercourse, the applicant or their designated representative shall submit documentation to the City which describes the boundary, the applicant's or their designated representative's proposed boundary, and justification for the proposed boundary change.
(b) The City shall evaluate this documentation and shall make a written determination within a reasonable period of time, not to exceed sixty (60) days, a copy of which shall be submitted to the applicant or their designated representative. If during this evaluation the City requires further information, it may require this be provided by the applicant or their designated representative. In the event that the City requests such additional information, the sixty (60) day limit on the City's review shall be postponed until such information is provided by the applicant or their designated representative.
(c) Any party aggrieved by any riparian setback determination under this regulation may appeal to the Board of Zoning Appeals.
(Ord. 22-23. Passed 3-16-22.)
(a) The delineation of riparian and/or wetland setbacks may be inspected by the City, as follows:
(1) Inspections may occur be prior to any soil disturbing activities authorized by the City under a subdivision, land development plan, and/or building permit. The applicant or their designated representative shall provide the City with at least five (5) working days notice prior to starting soil disturbing or land clearing activities.
(2) Any time evidence is brought to the attention of the City that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.
(Ord. 22-23. Passed 3-16-22.)
(a) Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.
(b) This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1354.10 (a) of this regulation.
(c) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby. (Ord. 22-23. Passed 3-16-22.)
CODIFIED ORDINANCES OF ONTARIO