(a) DAMAGED OR DISEASED TREES: Trees that have split trunk, 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 stream or onto a structure.
(b) 100-YEAR FLOODPLAIN: Any land within the 100 year floodplain as defined by the Federal Emergency Management Agency or its successor, and approved by the County
of Summit Department of Building Standards.
(c) LAWFUL NONCONFORMING WATERFRONT OR RIPARIAN USE: A use, including without limitation uses arising under an easement or right of way (whether by grant or prescription), structure or impervious cover within the Waterfront Setback or the Riparian Setback, not in conformity with this Chapter but otherwise lawfully existing or being conducted on a Lot on the effective date hereof.
(d) WATERFRONT SETBACK: A buffer area beginning at the customary historic shoreline of either Crystal Lake or Silver Lake or the ponds on Silver Lake Country Club and extending landward away from the lake or pond as follows:
(1) Thirty five feet (35’) with respect to all uses except the removal of trees; and
(2) Seventy (70) feet with respect to removal of trees.
(e) RIPARIAN SETBACK: A buffer (measured as hereinafter set forth) beginning at the ordinary high water mark on each side of a Watercourse or, in the case of an intermittent Watercourse, from the centerline thereof (and for further certainty excluding Silver Lake and Crystal Lake and the ponds on Silver Lake Country Club) and extending landward away from such Watercourse as set forth below, provided however in the event: (i) plans for a residence to replace a pre-existing residence are submitted for approval pursuant to this Title; (ii) the plans for the replacement residence are reasonably compatible with the surrounding neighborhood; (giving effect to any approved Conditional Use and/or variances unrelated to the Riparian Setback) and (iii) approval would be prohibited solely on account of application of the Riparian Setback as calculated pursuant to this Section 1169.03 the applicant, the Planning Commission and/or the Board of Zoning Appeals shall attempt to agree upon reasonable accommodating conditional uses or variances, as the case may be, from the Riparian Setback requirements so as to permit the project to go forward without prejudice to the applicant’s appeal rights in the event such conditional uses and/or variances cannot be agreed upon.
(1) Subject to the foregoing, the Riparian Setback shall be calculated as follows:
A. A minimum of 300 feet on each side of all Watercourses draining an area greater than 300 square miles.
B. A minimum of 100 feet on each side of all Watercourses draining an area greater than 20 square miles and up to 300 square miles.
C. A minimum of 75 feet on each side of all Watercourses draining an area greater than 0.5 square mile (320 acres) and up to 20 square miles.
D. A minimum of 50 feet on each side of all Watercourses draining an area greater than 0.05 square mile (32 acres) and up to 0.5 square mile (320 acres).
E. A minimum of 30 feet on each side of all Watercourses draining an area less than 0.05 square mile (32 acres).
(2) Because the gradient of a lot to which the Riparian Setback applies significantly influences impacts on the stream, the calculation of the Riparian Setback as calculated in the preceding paragraph shall be subject to the following adjustment process, as applicable:
A. If the slope of the Riparian Setback is greater than fifteen percent (15%) but less than twenty percent (20%), 25 feet shall be added to the Riparian Setback;
B. If the slope of the Riparian Setback is greater than twenty percent (20%) but less than twenty-five percent (25%) 50 feet shall be added to the Riparian Setback;
C. If the slope of the Riparian Setback is greater than twenty-five percent (25%) 100 feet shall be added to the Riparian Setback.
(3) Where the 100-year floodplain 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 floodplain. The “100-year floodplain” shall be as defined by FEMA and approved by the County of Summit Department of Building Standards.
(4) Where wetlands protected under federal or state law are identified within the Riparian Setback, the Riparian Setback shall be extended to 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;
(5) Grassy swales, roadside ditches, drainage pipes or ditches to convey stormwater created or approved by the Village are exempt from this provision.
(f) Jurisdictional Stream or River: A watercourse that is indicated on one of the following maps: USGS Topographical Map, Summit County Riparian Setback Map, or Summit
County Soils Map (USDA, NRCS).
(g) Wetlands: Areas delineated by a qualified professional under guidelines established by the US Army Corps of Engineers and Ohio Environmental Protection Agency and the site delineation approved by the agencies having jurisdiction over such areas. 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.
(Ord. 18-2020. Passed 7-6-21.)