(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the Village of Woodmere 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.
(Ord. 2004-117. Passed 7-21-09.)
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minium of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(2) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the Village of Woodmere in Section 1187.05 of this regulation.
(Ord. 2017-12. Passed 3-8-17.)
(c) Riparian Setback Map. The Village of Woodmere shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached to original Ordinance 2004-117 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) This map was prepared as a Riparian Setback Map by the Village of Woodmere in accordance with Section 1187.05. The Village of Woodmere 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 Woodmere assumes no legal responsibility for this information.
(4) Nothing herein shall prevent the Village of Woodmere 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 Section 1187.05(a) and (b) 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 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. If a FEMA defined floodplain does not exist for a designated watercourse, the Village of Woodmere may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Village of Woodmere. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(e) The applicant shall be responsible for identifying riparian setbacks, including any expansions or modifications as required by this regulation, and shall identify these setbacks on all subdivisions, land development plans, and/or zoning permit applications submitted to the Village of Woodmere. This identification shall be done by a metes and bounds survey and shall be subject to review and approval by the Village of Woodmere. Any costs associated with this review may be assessed to the applicant.
(f) If soil disturbing activities will occur within fifty feet (50') of the outer boundary of the riparian setback, the riparian setback shall be clearly identified by the applicant on site with construction fencing, and such identification shall be maintained throughout soil disturbing activities.
(g) No approvals or permits shall be issued by the Village of Woodmere prior to identification of riparian setbacks in conformance with this regulation.
(Ord. 2004-117. Passed 7-21-04.)