Any use not authorized under these regulations shall be prohibited in riparian and wetland setbacks. By way of example, the following uses are specifically prohibited; however, prohibited uses are not limited to those examples listed here.
The following uses are specifically prohibited within the Riparian Setback:
(a) Construction. There shall be no structures of any kind, except as permitted under these regulations.
(b) Dredging or Dumping. There shall be no drilling for petroleum or mineral products, mining activity, filling or dredging of soil, spoils, or any material-- natural or manmade-- except as permitted under these regulations.
(c) Roads or Driveways. There shall be no roads or driveways, except as permitted under these regulations. There shall be no roads or driveways permitted in wetlands or watercourses without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
(d) Motorized Vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
(e) Modification of Natural Vegetation. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations for such disturbances as are approved under these regulations; and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations.
Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the Riparian Setback provided the landowner allows for natural succession.
(f) Parking Lots. There shall be no parking lots or other human made impervious cover except as permitted under these regulations.
(g) New Surface and/or Subsurface Sewage Disposal or Treatment Area. Riparian Setbacks shall not be used for the disposal or treatment of sewage except for:
(1) Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this chapter.
(2) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the Riparian Setback can be upgraded with approval of the County Health Department and/or the Ohio Environmental Protection Agency.
(h) Crossings. Crossings of designated riparian and wetland setbacks by publicly and privately owned sewer and/or water lines and small public and small private utility transmission lines without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.
(Ord. 2007-140. Passed 9-18-07.)