(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, Orange Village may consult with technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(2) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by Orange Village in Section 1176.05 of this regulation.
(c) Orange Village may create a map identifying designated watercourses and their minimum riparian setbacks. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document by applicants, the Building Commissioner, the Village Engineer, and others in determining when the riparian setback applies.
(2) It shall be a guide only. Watercourses must be field verified. Such verification shall be accepted by the Village Engineer. Any costs associated with this review may be assessed to the applicant.
(3) Nothing herein shall prevent Orange Village from updating the riparian setback map from time to time as may be necessary.
(4) If any discrepancy is found between the riparian setback map and this regulation, or if any discrepancy is found between existing site conditions and this regulation, the criteria set forth in Section 1176.05 (a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, Orange Village may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by Orange Village. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by Orange Village to the applicant.
(Ord. 2006-3. Passed 3-8-06.)