(a) The following uses are permitted by right within the Riparian Setbacks without prior approval. Open space uses that are passive in character shall be permitted in the Riparian Setback including, but not limited to, those listed herein. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the Riparian Setback shall be preserved in its natural state.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Revegetation and/or reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the City. Species of shrubs and vines recommended for stabilizing floodprone areas along streams within the City are listed in the City of Warrensville Height Stormwater Design Guide.
(4) The County of Cuyahoga Engineer maintains the right of access to all streams within the County of Cuyahoga for the purposes outlined in the Ohio Revised Code, Sections 6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, and 6137.05.1.
(5) Maintenance of lawns, gardens and landscaping: Lawns, gardens and landscaping that existed at the time this chapter was passed may be maintained as long as they are not increased in size.
(b) The following uses are permitted within the Riparian Setbacks with prior approval of the design by the City Engineer:
(1) Recreational activity boardwalks. Boardwalks or pathways associated with hiking and non-motorized bicycling, as permitted by federal, state, and local laws, may be constructed of impervious material only if the material is approved by the City Engineer. The City Engineer reserves the right to require that a pervious material be used.
(2) Stream bank stabilization/erosion control measures. Best Management Practices for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/ erosion control practices shall only be undertaken upon approval of a Stormwater Pollution Prevention Plan by the City.
(3) Crossings.
A. Limited crossings of designated streams through the Riparian Setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.
B. One driveway crossing per stream per tax parcel will be allowed for individual landowners.
C. Roadway crossings for major and minor subdivisions, open space subdivisions, or any other non-single family residential use shall be designed and constructed as approved by the City. If more than two crossings per 1,000 linear feet of stream center are required for these areas, the applicant must apply for a variance.
D. All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.
(4) Placement of stormwater retention or detention facilities may be considered within the Riparian Setback if:
A. Stormwater quality treatment that is consistent with current state standards is incorporated into the basin.
B. The stormwater quality treatment basin is located at least 25 feet from the ordinary high water mark of the stream.
(5) Construction of Fencing. Construction of fencing shall be allowed with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided that the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City Engineer.
(Ord. 2007-140. Passed 9-18-07.)