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.)
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) “Community.” Throughout this regulation, this shall refer to the Village of Walton Hills or its designated representatives, boards, or commissions.
(b) “Damaged or diseased trees.” Trees that have split trunks, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.
(c) “Designated watercourse.” A watercourse within the Village that is in conformity with the criteria set forth in this regulation.
(d) “Federal Emergency Management Agency (FEMA).” The agency with overall responsibility for administering the National Flood Insurance Program.
(e) “Impervious cover.” Any paved, hardened, or structural surface, regardless of its composition, including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios and swimming pools.
(f) “Noxious weed.” Any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
(g) “Ohio Environmental Protection Agency.” Referred throughout this regulation as the “Ohio EPA.”
(h) “100-year floodplain.” Any land susceptible to being inundated by water from a base flood. The “base flood” is the flood that has a 1% or greater chance of being equaled or exceeded in any given year.
(i) “Ordinary high water mark.” The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The “ordinary high water mark” defines the bed of a watercourse.
(j) “Riparian area.” Land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(k) “Riparian setback.” The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.
(l) “Soil and Water Conservation District.” An entity organized under Ohio R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga SWCD.
(m) “Soil-disturbing activity.” Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human-made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(n) “Substantial damage.” Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.
(o) “Watercourse.” Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(p) “Wetland.” Those 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, including swamps, marshes, bogs, and similar areas. (40 C.F.R. 232, as amended).
(Ord. 2010-34. Passed 12-14-10.)
(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile; or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 300 feet on either side of all watercourses draining an area greater than 300 square miles.
(2) A minimum of 120 feet un either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.
(3) A minimum of 75 feet on either side of all watercourses draining an area greater than one-half square mile and up to 20 square miles.
(4) A minimum of 25 feet on either side of all watercourses draining an area less than one-half square mile and having a defined bed and bank as determined by the Village in this Section 1291.05.
(c) Riparian Setback Map. The Village shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached to Ordinance 2007-29 and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate.
(2) It shall be a guide only.
(3) The following disclaimer language shall be added to any map. “This map was prepared as a Riparian Setback Map by the Village of Walton Hills in accordance with Section 1291.05 of Chapter 1291 of the Codified Ordinances of Walton Hills, Ohio. The Village of Walton Hills digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The Village of Walton Hills assumes no legal responsibility for this information.”
(4) Nothing herein shall prevent the Village from amending the Riparian Setback Map from time to time as may be necessary.
(5) If any discrepancy is found between the Riparian Setback Map and this regulation, the criteria set forth in divisions (a) and (b) of this section shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA-defined floodplain does not exist for a designated watercourse, the Village may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Village. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by the Village to the applicant.
(Ord. 2010-34. Passed 12-14-10.)
(a) The applicant shall be responsible for delineating riparian setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the Village. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional as determined by the Village, and shall be based on a survey of the affected land. Two copies of the site plan shall be submitted. The site plans shall include the following information:
(1) The boundaries of the lot with dimensions.
(2) The locations of all designated watercourses.
(3) The limits, with dimensions, of the riparian setbacks.
(4) The existing topography at intervals of two feet.
(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relation to all designated watercourses.
(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.
(7) Other such information as may be necessary for the Village to ensure compliance with this regulation.
(b) The Village may, in reviewing the site plan, consult with the Cuyahoga SWCD or other such experts. Any costs associated with this review may be assessed to the applicant.
(c) If soil-disturbing activities will occur within 50 feet of the outer boundary of the applicable riparian setback as specified in this regulation, the riparian setback shall be clearly identified by the applicant on-site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil-disturbing activities and shall be maintained throughout soil-disturbing activities.
(d) No approvals or permits shall be issued by the Village prior to identification of riparian setbacks on the affected land in conformance with this regulation.
(Ord. 2010-34. Passed 12-14-10.)
(a) By-right Uses Without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately-held lands.
(1) Recreational activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by Federal, State, and local laws.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.
(b) By Conditional Use Permit Granted by the Planning Commission. When granting conditional use permits for the following uses, the Planning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one year of issuance.
(1) Crossings.
A. Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.
B. 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 Village. Proof of compliance shall be the following:
1. A site plan showing that any proposed crossing conforms to the general and special 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.
(2) Stream bank stabilization projects.
A. Stream bank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such stream bank stabilization measures shall only be undertaken upon approval of a Stream Bank Stabilization Plan by the Planning Commission. Any costs associated with review of Stream Bank Stabilization Plans may be assessed to the applicant.
B. 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. Amy 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 be provided to the Village. Proof of compliance shall be the following:
1. A site plan showing that any proposed crossing conforms to the general and special 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.
(3) Storm water management facilities. Storm water management facilities may be constructed in the riparian setback, provided:
A. Where the minimum riparian setback is less than or equal to 50 feet, the storm water management facilities are located outside the minimum riparian setback.
B. Where the minimum riparian setback is greater than 50 feet, storm water management facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse.
(4) Landscaping. The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed, provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine inches in caliper (diameter) as measured 54 inches above the ground to the maximum extent practicable.
B. Maintain trees, shrubbery and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
(Ord. 2010-34. Passed 12-14-10.)
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