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(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.)
Any use not authorized under this regulation shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited. However, prohibited uses are not limited to those examples listed here:
(a) Construction. There shall be no buildings or structures of any kind.
(b) Dredging or Dumping. There shall be no drilling, filling, dredging or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(c) Fences and Walls. There shall be no fences or walls, except as permitted under this regulation.
(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.
(e) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.
(f) Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(g) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(h) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga Board of Health.
(Ord. 2010-34. Passed 12-14-10.)
(a) A nonconforming use, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation, may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.
(b) A nonconforming structure, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation, may he continued but shall not have the existing building footprint or roofline expanded or enlarged.
(c) A nonconforming structure or use, existing at the time of passage of this regulation and within a riparian setback, that has substantial damage and that is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established.
(Ord. 2010-34. Passed 12-14-10.)
(a) The Planning Commission may grant a variance to this regulation as provided herein. In granting a variance, the following conditions shall apply:
(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this regulation, such as to justify the granting of a variance, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Planning Commission may nol authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.
(3) Variances shall be void if not implemented within one year of the date of issuance.
(b) In making a determination under division (a) of this section, the Planning Commission may consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of Chapter 1468, Flood Damage Reduction, may be used as guidance when granting variances in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include best management practices necessary to minimize erosion and control sediment.
(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback compromises its benefits to the Village. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variance may be granted for gravel driveways when necessary.
(6) Whether a property, otherwise buildable under the ordinances of the Village, will be made unbuildable because of this regulation.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning Commission may consider granting variations to other area or setback requirements imposed on a property by the Zoning Code.
(d) In granting a variance under this regulation, the Planning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation.
(Ord. 2010-34. Passed 12-14-10.)
(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning Commission, may apply to or appeal to the Planning Commission. The following conditions shall apply:
(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within 20 days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00), the administrative official shall transmit to the Planning Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than 14 days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.
(2) When applying for a variance, the applicant shall file a variance request with the Planning Commission.
(3) Applications for appeals or variances made under this regulation shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. Proof of ownership or authorization to represent the property owner.
C. The location of the property, including street address and permanent parcel number.
D. The current zoning of the property.
E. A description of the project for which the appeal or variance is sought.
F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
G. Names and addresses of each property owner within 500 feet as shown in the current records of the Cuyahoga Auditor typed on gummed labels.
(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning Commission within one year of the date of a final decision by the Planning Commission on the original application, unless the applicant shows the Planning Commission either of the following:
A. Newly discovered evidence that could not have been presented with the original submission; or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(b) A decision by the Planning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.
(Ord. 2010-34. Passed 12-14-10.)
The identification of riparian setbacks shall be inspected by the Village:
(a) Prior to soil-disturbing activities authorized under this regulation. The applicant shall provide the Village with at least two working days written notice prior to starting such soil-disturbing activities.
(b) Any time evidence is brought to the attention of the Village that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.
(Ord. 2010-34. Passed 12-14-10.)
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