1191.13 USES PERMITTED IN RIPARIAN AND WETLAND SETBACKS.
   (a)   By-Right Uses Without a Permit: Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.
      (1)   Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking, and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.
      (2)   Removal of Storm Damaged or Diseased Trees. Storm Damaged or diseased trees may be removed. Because of the potential for storm damaged braches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, new logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain. Existing downed logs and braches help stabilize the soil and should not be moved.
      (3)   Revegetation and/or Reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the Portage SWCD. Native Species of shrubs and plants are recommended for stabilizing flood prone areas along streams within the City of Streetsboro are listed in the Appendix.
      (4)   Maintenance of lawns, gardens and landscaping: Lawns, gardens and landscaping, that existed at the time this ordinance was passed, may be maintained as long as they are not increased in size, or having increased amounts of fertilizer, pesticides and/or herbicides.
 
   (b)   The following uses are permitted by right within the Riparian Setbacks with prior approval of the design:
      (1)   Stream bank Stabilization/Erosion Control Measures. Best Management Practices (BMP's) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a Storm Water Pollution Prevention Plan (SWPPP or SW3P) by the Portage SWCD.
      (2)   Crossings. In reviewing plans for stream crossings, the City may confer with the Portage SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Portage Engineer; the Portage County Water Resources Department; the Portage County Health Department; or other technical experts as necessary.
         A.   Limited crossings of designated streams through the Riparian Setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.
         B.   One driveway crossing per stream per tax parcel will be allowed for an individual landowner.
         C.   Roadway crossings for major and minor subdivisions, open space subdivisions, or any other non-single family residential use shall be designed and constructed per the City of Streetsboro Engineer's design standards and as approved by the City of Streetsboro Planning Commission. If more than two crossings per 1,000 lineal feet of stream center are required for these areas, the applicant must apply for a variance.
         D.   All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.
      (3)   Placement of storm water retention or detention facilities may be considered within the Riparian Setback if:
         A.   Storm water quality treatment that is consistent with current state standards is incorporated into the basin.
         B.   The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.
            (Ord. 2009-73. Passed 6-22-09.)