The following regulations shall apply to wetland setbacks:
(a) Where proposed projects indicate impacts to wetlands, the wetlands shall be delineated using protocols accepted by the U.S. Army Corp of Engineers. Such delineation is a requirement of the U.S. Army Corp of Engineers and the Ohio Environmental Protection Agency.
(b) All wetlands identified by the State of Ohio and/or the Corps of Engineers shall have the following setbacks as measured from the jurisdictional boundary:
(1) Category 3 Wetland: Fifty feet extending beyond the outermost boundary.
(2) Category 2 Wetland: Thirty feet extending beyond the outermost boundary.
(3) Category 1 Wetland: Ten feet extending beyond the outermost boundary.
Wetland Category | Setback Distance (Minimum)
|
Category 3 | Fifty (50) feet |
Category 2 | Thirty (30) feet |
Category 1 | Ten (10) feet |
(c) The City may consult with any departments, agencies or technical experts to determine wetlands within a riparian setback, or at the City’s discretion, 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 Corp of Engineers at the time an application is made under this regulation.
(d) Any costs to the City that are associated with the review or obtaining of the necessary wetlands delineation, review, or plan shall be assessed to the applicant.
(e) Setbacks for wetlands should be on all non-mitigated wetlands. All wetlands shall be shown on wetland delineation regardless if the wetland is going to be mitigated or not. If a wetland is lawfully filled as authorized by the U.S. Army Corps of Engineers, no wetland setback is required.
(f) No approvals or permits shall be issued by the City prior to delineation of wetland setbacks in conformance with this chapter. Final determination shall be made by the City Manager.
(Ord. 16-19. Passed 9-16-19.)