(a) Riparian setbacks on designated watercourses must be a minimum of 25’ on both sides of all watercourses.
(b) Where wetlands protected under federal or state law are identified within a riparian setback, the riparian setback width shall consist of the full extent of the wetlands plus the following additional setback width:
(1) A minimum of 20 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(2) A minimum of 10 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(3) No additional setback will be required adjacent to Category 1 wetlands.
(c) Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
(d) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the Riparian Setback formulae for width determination:
Average Percent Slope | Width of Setback |
15% through 20% | Add 15 feet |
Greater than 20% | Add 25 feet |
Average percent slope of the streambank is to be calculated for the area within the Riparian Setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan. Calculate slope as follows:
Change in elevation from the edge of stream channel to edge of Riparian Setback divided by Horizontal map distance from the edge of stream channel to the edge of the Riparian Setback.
(e) Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state, except that non-conforming structures and non-conforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in the Non-Conforming Structures in Riparian and Wetland Setbacks Section of these regulations.
(f) Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(g) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA and approved by the City Engineer. If FEMA floodplain information is not available, the 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer.
(h) Wetlands shall be delineated by a qualified professional under guidelines established by the U.S. Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.
(i) The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all property subdivision/property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the City.
(j) Prior to any soil disturbing activity, the riparian and wetland setbacks shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineations shall be maintained throughout soil disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(k) Issuance of a Footing and Foundation Permit will be withheld until the riparian and wetland setbacks are clearly marked on site in accordance with this chapter.
(l) The wetland and riparian setback delineation shall be subject to review and approval by the City. As the result of this review, the City Engineer may require further studies from the applicant.
(m) Upon completion of an approved property subdivision/property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City.
(Ord. 2007-140. Passed 9-18-07.)