(A) Riparian zones are hereby established along all watercourses as defined in the definition of “watercourse” in § 154.511 as follows:
(1) The width of a riparian zone shall be approximately equal to ten times the width of the watercourse channel according to the following formula as outlined in the most current version of the Rainwater and Land Development Manual developed by the Ohio Department of Natural Resources as incorporated into the city's Engineering Rules and Regulations:
RZ (in feet) = 147 * (DA0.38 )
Where: RZ = Riparian zone, and
DA = Drainage area of watercourse (in square miles)
(2) The minimum width of a riparian zone on either side of a watercourse shall be equal to the width of the channel or ten feet, whichever is greater.
(B) Wetlands shall include those lands that meet the following criteria:
(1) Hydric soils or other areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas as defined in 40 C.F.R. 232, as amended.
(2) Wetlands shall be delineated by a site survey prepared by a qualified wetlands professional using delineation protocols accepted by the U.S. Army Corps of Engineers at the time of application. The “wetlands” delineation shall also have been submitted to the U.S. Army Corps of Engineers for its review and acceptance. Proof of such U.S. Army Corps of Engineers acceptance must be submitted with the final site plan.
(C) Riparian zones shall be established on designated wetlands using the methods outlined in the most current version of the Rainwater and Land Development Manual developed by the Ohio Department of Natural Resources and incorporated into the city's Engineering Rules and Regulations.
(D) Rules of measurement for riparian zones.
(1) Riparian zones along wetlands and watercourse shall be measured at the ordinary high water mark as outlined in the most current version of the Rainwater and Land Development Manual developed by the Ohio Department of Natural Resources and incorporated into the city's Engineering Rules and Regulations.
(2) The calculated width of the riparian zone shall be placed over the watercourse to conform to the natural topography, so that each edge of the riparian zone is at approximately the same elevation on both sides of the watercourse.
(3) Where the 100-year floodplain is wider than a riparian zone on either or both sides of a designated watercourse, the riparian zone shall be extended to the outer edge of the 100-year floodplain as defined by FEMA. In situations where the FEMA 100-year floodplain is narrower than the calculated riparian zone, the calculated riparian zone shall apply.
(E) Except as otherwise provided in this regulation, riparian zones shall be preserved in their natural state and protected by easements.
(F) The property owner shall be responsible for delineating riparian zones as required by this section and shall identify these setbacks on all site plans submitted to the City Engineer. The site plan shall be drawn to scale and shall be based upon a survey of the subject lot, which has been prepared and stamped by a professional surveyor registered to practice in the State of Ohio.
(G) To assist property owners and other interested parties determine the approximate location of riparian zones, the city shall show known designated watercourses, wetlands on the Official Map of the city. Designated watercourses and wetlands that are unknown or unmapped at the time this subchapter becomes effective shall still be subject to all provisions in these sections and the party developing such properties shall be responsible for calculating the riparian zone setback.
(H) If soil-disturbing activities or construction related activities, such as materials storage, will occur within 100 feet of the outer boundary of a riparian zone, the riparian zone shall be clearly delineated on the actual site by the property owner by the installation of construction fencing prior to any soil disturbing or construction related activities. The delineation shall extend 50 feet beyond the proposed limits of soil-disturbing or construction-related activities, or the property line, whichever is less, and shall be maintained throughout soil-disturbing or construction related activities.
(I) The city shall not issue any building, zoning or development permits prior to delineation of riparian zones by the property owner in conformance with the requirements detailed above.
(J) The City Engineer may consult with the Medina SWCD, U.S. Army Corps of Engineers, Ohio EPA or other technical experts retained by the city in reviewing any submittals associated with implementation of this section.
(Ord. 08-028, passed 6-3-08) Penalty, see § 154.999