(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile.
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the community may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary.
(b) Riparian setbacks are established as follows:
(1) A minimum of seventy-five feet on both sides of Big Creek.
(2) A minimum of seventy-five feet on both sides of West Creek.
(3) A minimum of seventy-five feet on both sides of all other watercourses draining an area greater than one-half square mile and up to twenty square miles.
(4) Twenty-five feet on both sides of all other watercourses draining an area less than one-half square mile with a defined bed and bank as determined by the criteria in this chapter.
(c) Riparian setback map:
(1) The community shall use the Soil Survey of Cuyahoga County, Ohio, issued in December 1980 or the latest edition that shows drainage features as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
(2) At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
(3) In reviewing and interpreting the maps the community may consult with a representative of the Cuyahoga SWCD and other technical experts as necessary.
(4) The base maps used to determine the riparian setback areas in Parma at the time of passage of this chapter are the maps in the Soil Survey of Cuyahoga County issued in 1980. The soil survey maps covering the community at the time of passage of this chapter are maps number 30, 31, 38, 39, 47, and 48. The drainage features shown on the maps are designated watercourses.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal and perpendicular direction outward from the ordinary high water mark of each watercourse.
(2) Except as otherwise provided in these regulations, riparian setbacks shall be preserved in their natural state, except that non-conforming structures and non-conforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in Section 1111.08. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(3) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer.
(4) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall consist of the full extent of the wetland plus a seventy-five foot minimum setback extending beyond the outer boundary of these wetlands.
(5) Wetlands shall be delineated by a site survey approved by the City Engineer using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency at the time of application of these regulations. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.
(6) In the case of new subdivisions or land development plans, the developer, applicant, or designated representative shall be responsible for delineating riparian setbacks, including any expansions or modifications as required by subsection (d)(3) and (4) hereof, and identifying these setbacks on all subdivisions, land development plans, and/or building permit applications submitted to the City Engineer. This delineation shall be done at the time of application of the preliminary plan or at the time of submission of any permit applications. This delineation shall be done through a metes and bounds, or higher level survey and shall be subject to review and approval by the City Engineer. As the result of this review, the City Engineer may require further studies from the developer, applicant, or designated representative. The City Engineer may consult with the Cuyahoga SWCD or other technical experts as necessary.
(7) Prior to any land clearing or soil disturbing activity, riparian setbacks shall be clearly delineated, on-site by the landowner through the use of clearly viewed, above ground markers such as stakes, posts or other methods approved by the City Engineer, and such delineation shall be maintained throughout soil disturbing activities.
(8) No subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the City prior to delineation of riparian setbacks in conformance with these regulations. No building permits which include land clearing or soil disturbing activities shall be issued by the City prior to delineation of riparian setbacks in conformance with these regulations.
(9) Upon completion of an approved subdivision or land development or other improvement, riparian setbacks shall be permanently recorded on the plat records for the community and shall be maintained as open space thereafter.
(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)