Streams addressed by this chapter are those which meet the definition of “stream” in Section 1155.04(q) of these regulations and are indicated on at least two of the following maps:
(1) US Geological Survey Maps;
(2) US Department of Housing and Urban Development Floodplain Maps; or
(3) US Department of Agriculture Soil Survey Maps
(a) Widths of Setbacks. The width of the 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 30 feet on each side of all streams draining an area less than 0.05 square mile (32 acres).
(b) Exemptions from the Setback. The following are exempt from the terms and protection of this ordinance: grassy swales, roadside ditches, drainage ditches created at the time of a subdivision or development to convey stormwater to another system, tile drainage systems, and stream culverts.
(c) Stream Delineation.
(1) The applicant shall be responsible for delineating the Stream Setback, including any expansions or modifications, 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 of Stow. As the result of this review, the City of Stow may require further studies from the applicant.
(2) Prior to any soil disturbing activity, the Stream Setback shall be clearly delineated with construction 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.
(3) No approvals or permits shall be issued by the City of Stow or prior to delineation of the Stream Setback in conformance with these regulations.
(4) Upon completion of an approved subdivision, the Stream Setback shall be permanently recorded on the plat records for the City of Stow.
(Ord. 2007-222. Passed 1-10-08.)