(a) The following buildings, structures, uses, and related soil disturbing activities may be permitted within a riparian and/or wetland setback without a certificate of compliance.
(1) Recreational activities. Hiking, fishing, hunting, picnicking, picnic tables, trails, walkways, and paths constructed of pervious materials to accommodate pedestrians and non-motorized vehicles.
(2) Removal of damaged or diseased trees. Damaged or diseased trees and other associated debris may be removed in accordance with any and all other Federal, state, or local laws or regulations.
(3) Revegetation and/or reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species in accordance with any and all other Federal, state, or local laws or regulations.
(4) Maintenance and repairs. Maintenance and repair on lawfully existing buildings, structures, uses, roads, driveways, bridges, culverts, trails, walkways, paths, and utilities.
(5) Maintenance and cultivation of lawns and landscaping. The maintenance of existing, and the cultivation of new, lawns, landscaping, shrubbery, and trees.
(6) Open space. Passive open space to preserve the riparian setback area in its natural state.
(b) The following buildings, structures, and uses may be permitted within a riparian and/or wetland setback in accordance with the following regulations and such other applicable regulations contained in this Code.
(1) Signs.
(2) Fences and walls.
(3) 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.
A. Crossings shall only be undertaken upon approval and consultation with the Lake SWCD.
B. Work occurring below the ordinary high water mark of designated watercourses will require submission to the City Engineer of proof of compliance with the applicable conditions of a of U.S. 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). Proof of compliance shall be:
1. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
2. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
3. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
C. Any cost associated with the review of the crossing plan shall be assessed to the applicant.
(4) Stream bank stabilization projects along designated watercourses may be permitted subject to other regulations contained in this chapter and the regulations enforced by the Lake SWCD.
A. Stream bank stabilization projects shall only be undertaken upon approval and consultation with the Lake SWCD.
B. Work occurring below the ordinary high water mark of designated watercourses will require submission to the City Engineer of proof of compliance with the applicable conditions of a U.S. 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). Proof of compliance shall be:
1. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
2. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
3. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
C. Any cost associated with the review of the stream stabilization project shall be assessed to the applicant.
(Ord. 16-19. Passed 9-16-19.)