(a) By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, or similar to, those listed in subsections (a)(1) through (3) hereof. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, bicycling, fishing, picnicking, and similar uses.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or reforestation. The revegetation and/or reforestation of riparian areas shall be allowed without approval of the City Engineer.
(4) Maintenance of residential lawns, gardens, and landscaping.
(5) Trails. Right-of-way and construction of walking paths and multi-purpose trails for non- motorized access, non-motorized recreation and/or educational purposes only and not to exceed twelve feet in width including berms.
(b) By Right Uses With A Permit.
(1) Streambank stabilization/erosion control measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. The streambank stabilization and erosion control measures shall only be undertaken upon approval of an erosion and sediment control plan by the City Engineer.
(2) Crossings. Crossings of designated watercourses through riparian set backs by bridges, publicly or privately owned sewer and/or water lines and public or private utility transmission lines may only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. In reviewing this plan, the City Engineer may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water; Cuyahoga Soil and Water Conservation District; or other technical experts as necessary.
(3) Construction of fencing with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City Engineer.
(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)