(a) Riparian Setbacks are established as provided in this chapter.
(b) Streams addressed by this chapter are those which meet the definition of "stream" in Section 1345.04 of these regulations and are indicated on at least one of the following maps:
(1) USGS topographical map.
(2) Summit County Riparian Setback map.
(3) Soils maps located in the Soil Survey for Summit County, Ohio, USDA, NRCS.
(4) Reminderville Storm Water maps and any relocated waterways.
(c) Widths of setbacks are measured as horizontal map distance outward from the ordinary high water mark on each side of a stream, and are established as follows:
(1) A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.
(2) A minimum of 100 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 75 feet on each side of all streams draining an area greater than 0.5 square mile (320 acres) and up to 20 square miles.
(4) A minimum of 50 feet on each side of all streams draining an area greater than 0.05 square mile (32 acres) and up to 0.5 square mile (320 acres).
(5) A minimum of 25 feet on each side of all streams draining an area less than 0.05 square mile (32 acres).
(d) The following are exempt from the terms and protection of this chapter: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision to convey stormwater to another system, tile drainage systems, and stream culverts.
(e) The following shall apply to the Riparian Setback:
(1) Where the 100-year Flood Plain is wider than the Riparian Setback on either or both sides of the stream, the Riparian Setback shall be extended to the outer edge of the 100-year Flood Plain. The 100-year Flood Plain shall be defined by FEMA and approved by the City Engineer.
(2) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the Riparian Setback formulae for width determination:
Average Percent Slope | Width of Setback |
15% through 20% | Add 25 feet |
Greater than 20% through 25% | Add 50 feet |
Greater than 25% | Add 100 feet |
Average percent slope of the stream bank is to be calculated for the area within the Riparian Setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan. All of the following measurements are to be performed using County of Summit Geological Information system data (1994, 2000). Calculate slope as follows: Change in elevation from the edge of stream channel to edge of Riparian Setback divided by horizontal map distance from the edge of stream channel to the edge of the Riparian Setback.
(3) Where wetlands protected under federal or state law are identified within the Riparian Setback, the Riparian Setback shall consist of the full extent of the wetlands plus the following additional setback widths:
A. A 50-foot setback extending beyond the outer boundary of a Category 3 wetlands.
B. A 30-foot setback extending beyond the outer boundary of a Category 2 wetlands.
C. No additional setback will be required adjacent to Category 1 wetlands.
(4) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.
(5) The applicant shall be responsible for delineating the Riparian Setback, including any expansions or modifications as required by subsections (b) through (d) hereof, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation 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 applicant.
(6) Prior to any soil disturbing activity, the Riparian Setback shall be clearly delineated with properly installed and maintained silt fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(7) No approvals or permits shall be issued by the City of Reminderville prior to delineation of the Riparian Setback in conformance with these regulations.
(8) Upon completion of an approved subdivision, the Riparian Setback shall be permanently recorded on the plat records for the County of Summit.
(9) There shall be no permanent loss in the City of Category 3, 2 or 2A wetlands, as determined by the Ohio EPA's ORAM, as a result of the Cuyahoga River Watershed TMDL, preservation restrictions imposed by the Ohio EPA in September 2003.
Exception: Man-made watercraft channels leading to Aurora Lake and related sections of Aurora Lake have been generally designed to drain storm water away from the watercourse. The riparian area of these conveyances is generally limited to less than ten feet of drainage into the watercourse and in consideration of the fragile condition of the watercourse walls, it may be necessary to stabilize the channel walls to protect the health, safety, property and homes of the citizens of the City of Reminderville. (Ord. 35-2004. Passed 12-14-04.)