(EDITOR'S NOTE: Pursuant to Ordinance 2011-06, passed January 24, 2011 Council has enacted Riparian Setback Map. Copies are on file with the Clerk of Council.)
(a) Designated watercourses addressed by this ordinance are those which meet the definition of "stream" of these regulations and are indicated on at least one of the following maps (most recent edition):
(1) USGS topographical map.
(2) Portage County/City of Streetsboro Riparian map
(3) Soils maps located in the Soil Survey for Portage County, Ohio, USDA, NRCS.
(b) Riparian setbacks on designated watercourses 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 both sides of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 75 feet on both sides of all watercourses draining an area greater than one half square mile (320 acres) and up to 20 square miles.
(4) A minimum of 50 feet on both sides of all watercourses draining an area greater than 0.05 square miles (32 acres) and up to one half square mile (320 acres).
(5) A minimum of 25 feet on both sides of all watercourses draining an area less than 0.05 square miles (32 acres).
(c) Riparian Setback Map:
(1) The Community shall use the latest edition of the official soil survey that shows drainage features, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
(2) At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
(3) In reviewing and interpreting the maps the Community may consult with a representative of the local county SWCD and other technical experts as necessary.
(d) The following conditions shall apply in riparian and wetland setbacks:
(1) Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
(2) Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(3) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the Engineering Director and/or his or her designees. The 100-year floodplain shall be defined by FEMA.
(4) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
(5) Wetlands shall be delineated by a site survey approved by the Community using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply. 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.
(e) The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the Community. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the Community. As a result of this review, the Community may consult with a representative of the local county SWCD or other technical experts as necessary.
(f) Prior to any soil disturbing activity, the Riparian 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 permitted by these regulations. All fencing shall be removed when a development project is completed.
(g) No approvals or permits shall be issued by the Community prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations.
(h) Upon completion of an approved property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the Community.
(i) 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 to convey storm water to another system, tile drainage systems and stream culverts.
(j) 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.
(Ord. 2009-73. Passed 6-22-09.)