1291.01 Purpose and scope.
1291.02 Applicability, compliance and violations.
1291.03 Conflicts with other regulations and severability.
1291.04 Definitions.
1291.05 Establishment of designated watercourses and riparian setbacks.
1291.06 Applications and site plans.
1291.07 Uses permitted.
1291.08 Uses prohibited.
1291.09 Nonconforming structures or uses.
1291.10 Variances within riparian setbacks.
1291.11 Procedures for variances and appeals.
1291.12 Inspections.
1291.99 Penalty.
(a) It is hereby determined that the system of rivers, streams, and other natural watercourses within the Village of Walton Hills contributes to the health, safety, and general welfare of the residents of the Village. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.
(2) Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, stream 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 and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(8) Benefit the Village by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the scenic beauty and environment of the Village, and thereby preserving the character of the Village, the quality of life of the residents of the Village, and corresponding property values.
(b) The following regulation has been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in the Village.
(Ord. 2010-34. Passed 12-14-10.)
(a) This regulation shall apply to all zoning districts.
(b) This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.
(c) No approvals or permits shall be issued by the Village without full compliance with the terms of this regulation.
(Ord. 2010-34. Passed 12-14-10.)
(a) Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.
(b) This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in division (a) of this section.
(c) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 2010-34. Passed 12-14-10.)
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