(a) Designated watercourses shall include those watercourses meeting any ONE of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, OR
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City of Pepper Pike may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations will be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 300 feet on either side of all watercourses draining an area greater than 300 square miles.
(2) A minimum of 120 feet on either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(4) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the City of Pepper Pike in Section 1540.05 of this regulation.
(c) Riparian Setback Map. The City of Pepper Pike shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached hereto and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate.
(2) It shall be a guide only and shall carry the following disclaimer language “This map was prepared as a Riparian Setback Map by the City of Pepper Pike in accordance with Section 1540.05 of Chapter 1540. City of Pepper Pike digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The City of Pepper Pike assumes no legal responsibility for this information.”
(3) Nothing herein shall prevent the City of Pepper Pike from amending the Riparian Setback Map from time to time as may be necessary.
(4) If any discrepancy is found between the Riparian Setback Map and this regulation, the criteria set forth in Section 1540.05(a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse, except for existing in-line ponds as addressed in Section 1540.05.
(2) Except as otherwise provided in this regulation, soil disturbing activities shall not occur in riparian setbacks and vegetation existing in riparian setbacks at the time of application of this regulation shall be maintained.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the City of Pepper Pike may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City of Pepper Pike. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. 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 Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by the City of Pepper Pike to the applicant.
(5) The minimum riparian setback on an in-line pond existing at the time of application of this regulation shall be measured from the ordinary high water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. Riparian setbacks on in-line ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1540.05. The creation of new in-line impoundments shall not be permitted under these regulations.
(Ord. 2008-16. Passed 5-21-08.)