§ 154.513  PERMITTED STRUCTURES AND USES WITHIN A DESIGNATED RIPARIAN ZONE.
   The following structures and uses are permitted in the riparian zone provided all other necessary approvals and permits have been obtained from the City of Wadsworth, U.S. Army Corps of Engineers, Ohio EPA or any other governmental agency having jurisdiction. 
   (A)   Passive recreational uses.
   (B)   Removal of damaged or diseased trees. 
   (C)   Maintenance and repair of roads, driveways, bridges, culverts, trails, walkways, paths, sanitary sewer facilities and appurtenances, water distribution systems and appurtenances, storm sewers, and on-site sewage disposal systems, which legally existed at the time this section became effective.
   (D)   Maintenance and cultivation of lawns, landscaping shrubbery or trees, which legally existed at the time this section became effective.
   (E)   Crossings.  Crossings of designated watercourses through riparian zones with roads, driveways, easements, bridges, culverts, utility service lines, or other means shall be allowed, subject to requirements established by the City Engineer, U.S. Army Corps of Engineers, Ohio EPA or other governmental agency having jurisdiction.  If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a nationwide permit, including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification), shall also be provided to the City Engineer.  Proof of compliance shall include the following:
      (1)   A site plan showing that any proposed crossing conforms to the general and specific conditions of the applicable nationwide permit; or
      (2)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable nationwide permit; or
      (3)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
   (F)   Stream bank stabilization projects along designated watercourses shall be allowed, subject to other requirements of the City Engineer.  If stream bank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification) shall be provided to the City Engineer.  Proof of compliance shall include the following:
      (1)   A site plan showing that any proposed crossing conforms to the general and specific conditions of Nationwide Permit 13; or
      (2)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13; or 
      (3)   A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
   (G)   Storm water retention and detention facilities may be constructed in the riparian zone, provided:
      (1)   Storm water quality treatment consistent with current Ohio EPA and other city regulations are incorporated into the basin.
      (2)   Storm water retention and detention facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse.
(Ord. 08-028, passed 6-3-08)  Penalty, see § 154.999