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(a) Where this chapter imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this chapter shall control.
(b) This chapter shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1488.03(a).
(c) If any clause, section, or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 1303-07. Passed 3-20-07.)
For the purpose of this chapter, the following terms shall have the meaning herein indicated:
(a) “Captured or channelized streams.” Streams that are considered captured or channelized are the three designated watercourses only.
(b) “Community.” Throughout this chapter, this shall refer to the Village of Poland or its designated representatives, boards, or commissions.
(c) “Damaged or diseased trees.” Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.
(d) “Designated watercourse.” Yellow Creek, Burgess Run and Drake Run that is m conformity with the criteria set forth in this chapter.
(e) “Federal Emergency Management Agency (FEMA). The agency with overall responsibility for administering the national flood insurance program.
(f) “Impervious cover.” Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, patios, and swimming pools.
(g) “Natural stream channel design.” Practices undertaken to stabilize stream systems by restoring natural function and morphology. Natural channel design stream restoration and/or streambank stabilization projects should comply with principles laid out in the following publications.
(1) Stream Corridor Restoration: Principles, Processes, and Practices
The Federal Interagency Stream Restoration Working Group, October 1998.
The Federal Interagency Stream Restoration Working Group, October 1998.
(2) Applied River Morphology, Second Edition, Dr. Dave Rosgen, October 2002.
(3) NRCS Field Office Technical Guide, Natural Resource Conservation Service.
(h) “Noxious weed.” Any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the Department. For the purposes of this chapter, the most recent version of this list at the time of application of this chapter shall prevail.
(i) “100-year floodplain.” Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
(j) “Ohio Environmental Protection Agency.” Referred throughout this chapter as the “Ohio EPA.”
(k) “Ordinary high water mark.” The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
(l) “Riparian area.” Naturally vegetated land adjacent to watercourses that, if appropriately sized helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this chapter.
(m) “Riparian setback.” The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this chapter.
(n) “Soil and Water Conservation District.” An entity organized under Ohio R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Mahoning County SWCD.
(o) “Soil disturbing activity.” Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(p) “Substantial damage.” Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, fifty percent of the market value of the structure before the damage occurred.
(q) “Watercourse.” Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(r) “Wetland.” Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended).
(Ord. 1303-07. Passed 3-20-07.)
(a) Designated watercourses shall include Yellow Creek, Burgess Run and Drake Run.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 120 feet on either side of Yellow Creek.
(2) A minimum of seventy-five feet on either side of Burgess Run and Drake Run.
(c) Riparian setback map. The Village of Poland shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached hereto and made part of this chapter 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.
(3) Nothing herein shall prevent the Village of Poland from making additions, amendments, revisions, or deletions from 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 chapter, the criteria set forth in Section 1488.05(a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setback shall be measured in a horizontal direction outward from the center of the captured stream.
(2) Except as otherwise provided in this chapter, riparian setbacks shall be preserved in their natural state.
(Ord. 1303-07. Passed 3-20-07.)
(a) The applicant shall be responsible for delineating riparian setbacks as required by this chapter and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the Village of Poland. The site plan shall be prepared by a professional engineer, as determined by the Village of Poland and shall be based on a survey of the affected land. Two copies of the site plan shall be submitted. The site plans shall include the following information:
(1) The boundaries of the lot with dimensions.
(2) The locations of all designated watercourses.
(3) The limits, with dimensions, of the riparian setbacks.
(4) The existing topography at intervals of two feet.
(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.
(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.
(7) Other such information as may be necessary for the Village of Poland to ensure compliance with this chapter.
(b) The Village of Poland may, in reviewing the site plan, consult with the Mahoning County SWCD or other such experts. Any costs associated with this review may be assessed to the applicant. The site plan shall not take the place of a soil erosion and sedimentation control plan and/or a storm water pollution prevention plan.
(c) If soil disturbing activities will occur within fifty feet of the outer boundary of the applicable riparian setback as specified in this chapter, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.
(d) No approvals or permits shall be issued by the Village of Poland prior to identification of riparian setbacks on the affected land in conformance with this chapter.
(Ord. 1303-07. Passed 3-20-07.)
The following structures and uses are permitted in the riparian setback without a zoning certificate. No structures or uses permitted under this chapter shall allow trespass on, or public access to, privately held lands.
(a) Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
(b) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
(c) Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species. A list of invasive plant species and suitable alternatives can be found in the Appendix and the end of this chapter.
(d) Water Supply Wells. Water supply wells for the purpose of serving permitted structures or uses on lots of record shall be allowed.
(e) Other Permitted Structures. Bike trails, foot paths, athletic fields and playgrounds.
(Ord. 1303-07. Passed 3-20-07.)
The following structures and uses may be permitted in a riparian setback, subject to the approval of an application for a zoning certificate by the Zoning Inspector and in accordance with the following regulations and such other applicable regulations contained in this zoning resolution. When granting zoning certificates for the following uses, the Zoning Inspector may, for good cause, attach such conditions as it deems appropriate. Certificates issued under this chapter are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one year of issuance.
(a) Crossings. 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. Such crossings shall be designed by a professional engineer and only be undertaken upon approval of a crossing plan by the Village of Poland Zoning Inspector. Any costs associated with review of crossing plans may be assessed to the applicant.
(b) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures use natural stream channel design principles. Such streambank stabilization measures shall only be undertaken upon approval of a streambank stabilization plan by the Zoning Inspector. Any costs associated with review of streambank stabilization plans may be assessed to the applicant.
(Ord. 1303-07. Passed 3-20-07.)
Any use not authorized under this chapter shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:
(a) Construction. There shall be no buildings or structures of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials. (Prosecutorial Opinion Needed - Potential conflict with HB 278)
(c) Fences and Walls. There shall be no fences or walls, except as permitted under this chapter.
(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this chapter.
(e) Motorized Vehicles. There shall be no use, parking, or storage of motorized vehicles, except as permitted under this chapter.
(f) Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this chapter.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved landscaping plan submitted in conformance with this chapter.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(g) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(h) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall nor be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system in accordance with local health district regulations.
(i) Storm Water Retention and Detention Facilities. Riparian setbacks shall not be used for storm water retention and detention facilities.
(Ord. 1303-07. Passed 3-20-07.)
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