(a) By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in wetland 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. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or Reforestation. Wetland setbacks may be revegetated and/or reforested with native, noninvasive plant species.
(b) By Conditional Use Permit Granted by the Planning Commission: When granting Conditional Use Permits for the following uses, the Planning Commission may, for good cause, attach such conditions as it deems appropriate. 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 wetlands through wetland setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in wetland setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.
If work will occur within the jurisdictional boundary of the designated wetland, 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 the City of Parma Heights. 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;
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) Storm Water Retention and Detention Facilities: Storm water management facilities may be constructed in the wetland setback, provided:
A. Where the minimum wetland setback is less than or equal to 50-feet, the storm water management facilities are located outside the minimum wetland setback.
B. Where the minimum wetland setback is greater than 50-feet, storm water management facilities are located at least 50-feet from jurisdictional boundary of the wetland.
(3) Landscaping: The removal of natural vegetation within a wetland 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 Planning Commission. 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 wetland 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 wetland setback to the maximum extent practicable.
(Ord. 2023-80. Passed 1-8-24.)