(a) By Right Uses without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in (a)(1) through (a)(4) of this section. No use permitted under these regulations 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: Riparian setbacks may be revegetated and/or reforested.
(4) Private Recreational and Maintenance Access Paths: Mowed, mulch or gravel private access paths, not more than ten feet wide, may be constructed for private recreational activity permitted under Section 1179.09
(a)(1) and private maintenance activity permitted under Section 1179.09
(a)(2) and (3). Excavation of soil, altering of topography or removal of non-damaged or non-diseased trees is prohibited when constructing Private Recreational and Maintenance Access Paths.
(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. Such streambank stabilization/erosion control measures shall only be undertaken upon approval of an Erosion Control Plan by the Zoning Inspector. In reviewing this plan, the Zoning Inspector 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; Summit County Soil and Water conservation District; or other technical experts as necessary.
(2) Crossings. Crossings of designated watercourses through riparian setbacks by publicly owned sewer and/or water lines and public utility transmission lines may only be allowed upon approval of a Crossing Plan by the Zoning Inspector. Such crossings shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. In reviewing this plan, the Zoning Inspector 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; Summit County Soil and Water Conservation District; or other related technical experts as necessary.
(3) Cultivation. The cultivation of lawns, landscaping, shrubbery or trees may be allowed provided that such cultivation is designed to assist in streambank stabilization and/or erosion control and is done in conformance with a Landscaping Plan approved by the Zoning Inspector. In reviewing this plan, the Zoning Inspector may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Director of Surface Water; Summit County Soil and Water Conservation District; or other technical experts as necessary. Such Landscaping Plan shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine inches in caliper (diameter) as measured 54 inches above the ground.
B. Maintain trees, shrubbery and other non-lawn, woody vegetation in the riparian setback to the maximum extent possible.
(4) Public Recreational and Maintenance Access Paths. Mowed, mulch, gravel or paved public access paths, not more than 12 feet wide, may be constructed for public recreational activity permitted under Section 1179.09
(a)(1) and other uses permitted by Section 1179.09
(b). The Commission may approve excavation of soil, altering of topography or removal of non-damaged or non-diseased trees necessary for the construction of Public Recreational and Maintenance Access.
(5) Private Driveways. Paved or unpaved driveways, not more than 15 feet wide, constructed for pedestrian and vehicular access to residential dwellings and detached garages, and paved or unpaved driveways not more than 24 feet wide constructed to provide pedestrian and vehicular access to commercial buildings, providing the driveway is used to access structures that are permitted by 1179.15(b)(6).
(Ord. 25-2011. Passed 9-20-11.)