1191.09 RIPARIAN AND WETLAND SETBACK REQUIREMENTS.
   (a)   It is hereby determined that the system of wetlands, riparian areas, rivers, streams, and other natural watercourses within the Community contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of this part of these regulations is to regulate uses and developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:
      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
      (2)   Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
      (4)   Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.
      (5)   Provide watercourse habitats with shade and food.
      (6)   Provide habitat to a wide array of aquatic organisms, wildlife, many of which are on Ohio's Endangered and/or Threatened Species listings, by maintaining diverse and connected riparian and wetland vegetation.
      (7)   Benefit the Community economically by minimizing encroachment on wetlands and watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of residents; provide free water absorption, filtration and well recharge; and by contributing to the scenic beauty and environment of the Community, and thereby preserving the character of the Community, the quality of life of the residents of the Community, and corresponding property values.
   (b)   The following regulations have been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing structures and uses within a wetland and/or riparian setback along designated watercourses in the Community.
   (c)   Applicability and Compliance:
      (1)   These regulations shall apply to:
         A.   All lands that are within the jurisdiction of the Community and that border designated watercourses and wetlands as defined in these regulations.
         B.   These regulations shall apply to property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the Community.
         C.   These regulations shall apply to all building permits, which involve soil disturbing activities.
      (2)   The Community shall issue no approvals or permits without full compliance with the terms of these regulations.
         (Ord. 2009-73. Passed 6-22-09.)