(a) Permitted Uses. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
(1) Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
A. Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
B. Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species, but only as approved by Orange Village. The costs associated with the Orange Village’s determination of such revegetation or reforestation may be assessed to the applicant.
(b) Conditional Approval by the Orange Village Building Commissioner: Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance:
(1) Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Building Commissioner. Any costs associated with review of Crossing Plans may be assessed to the applicant.
If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to Orange Village. Proof of compliance shall be the following:
A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(2) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses and through riparian setbacks may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such streambank stabilization measures shall only be undertaken upon approval of a Streambank Stabilization Plan by the Building Commissioner. Any costs associated with review of Streambank Stabilization Plans may be assessed to the applicant.
If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to Orange Village. Proof of compliance shall be the following:
A. A site plan showing that any proposed stabilization conforms to the general and special conditions of Nationwide Permit 13, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13, or,
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(3) Storm Water Retention and Detention Facilities: Storm water retention and detention facilities may be constructed in the riparian setback, provided:
A. Storm water quality treatment consistent with current Ohio EPA regulations is incorporated into the facilities.
B. Storm water retention and detention facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse. This shall apply when the riparian setback is greater than 50 feet. When the riparian setback is less than 50 feet, the facilities shall be outside the riparian setback.
(4) Landscaping: The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Building Commissioner. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
C. To the maximum extent practicable, minimize lawns in the riparian setback area.
(Ord. 2006-3. Passed 3-8-06.)