The intent of this regulation is to:

   (a)   Protect the receiving stream's physical, chemical, and biological characteristics and to maintain stream functions.

   (b)   Establish consistent, technically feasible and operationally practical standards to achieve a level of storm water quantity and quality control that will minimize damage to public and private property and degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City.

   (c)   Preserve to the maximum extent practicable the natural drainage characteristics of the City and building sites and minimize the need to construct, repair, and replace enclosed storm drain systems.

   (d)   Preserve to the maximum extent practicable natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.

   (e)   Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.

   (f)   Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate storm water control due to the loss of riparian areas and wetlands.

   (g)   Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water control.

(Ord. 28-05. Passed 6-9-08.)

   (a)   City of South Euclid. Throughout this regulation the City shall mean the City of South Euclid, State of Ohio, and its designated agents and representatives.

   (b)   Comprehensive Storm Water Management Plan. The Riparian and Wetland Setback Plan developed to meet this regulation will be coordinated and combined with the Post-Construction Water Quality Plan and the Construction Site Conservation Plan that are developed for the same site. The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by Ohio EPA as part of the NPDES Storm Water Permit for General Construction.

   (c)   Disclaimer of Liability. Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.

(Ord. 28-05. Passed 6-9-08.)

   (a)   Where this chapter imposes a greater restriction upon land than is imposed or required by other City provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.

   (b)   If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.

   (c)   These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on his or her property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.

   (d)   Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 28-05. Passed 6-9-08.)

   This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, property/parcel splits, industrial projects, commercial projects, redevelopment of urban areas and all other land uses not specifically exempted.

(Ord. 28-05. Passed 6-9-08.)

   In implementing these regulations the City Engineer or other City officials may consult with the Cuyahoga Soil and Water Conservation District (SWCD), State and Federal agencies and other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant or his or her designated representative.

(Ord. 28-05. Passed 6-9-08.)

   (a)   It is hereby determined that the system of wetlands, riparian areas, rivers, streams, and other natural watercourses within the City contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of this part of these regulations is to regulate uses and developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:

      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.

      (2)   Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.

      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

      (4)   Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.

      (5)   Provide watercourse habitats with shade and food.

      (6)   Provide habitat to a wide array of aquatic organisms, wildlife, many of which are on Ohio's endangered and/or threatened species listings, by maintaining diverse and connected riparian and wetland vegetation.

      (7)   Benefit the City economically by minimizing encroachment on wetlands and watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.

   (b)   The following regulations have been enacted to protect these services of riparian and wetland areas by providing reasonable controls governing structures and uses within a wetland and/or riparian setback along designated watercourses in the City.

   (c)   Applicability and Compliance. These regulations shall apply to:

      (1)   All lands that are within the jurisdiction of the City and that border designated watercourses and wetlands as defined in these regulations.

      (2)   These regulations shall apply to property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the City.

      (3)   These regulations shall apply to all building permits, which involve soil disturbing activities.

      (4)   The City shall issue no approvals or permits without full compliance with the terms of these regulations.

(Ord. 28-05. Passed 6-9-08.)

   (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.

      (3)   In determining if watercourses have a defined bed and bank, the City may consult with a representative of the local county SWCD or other technical experts as necessary.

   (b)   Riparian setbacks on designated watercourses within the boundaries of the City are established as follows:

      (1)   A minimum of 75 feet on both sides of all watercourses or the crest of the stream bank, whichever distance is greater for draining an area greater than one-half square mile.

      (2)   A minimum of 25 feet on both sides of all watercourses or the crest of the stream bank, whichever distance is greater for draining an area less than one-half square mile and having a defined bed and bank as determined above.

   (c)   Riparian Setback Map.

      (1)   The City shall use the latest edition of the official soil survey that shows drainage features, on the paper maps in the back of the book, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.

      (2)   At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.

      (3)   In reviewing and interpreting the maps the City may consult with a representative of the local county SWCD and other technical experts as necessary.

      (4)   The City Engineer may require as necessary field verification of the maps.

   (d)   The following conditions shall apply in riparian and wetland setbacks:

      (1)   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.

      (2)   Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established and marked in the field prior to any soil disturbing or land clearing activities.

      (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 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.

      (4)   Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.

      (5)   Wetlands shall be delineated by a site survey approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.

   (e)   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/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the City. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the City. As a result of this review, the City may consult with a representative of the local county SWCD or other technical experts as necessary.

   (f)   Prior to any soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or designated representative, and such delineation shall be maintained throughout soil disturbing activities.

      (1)   The material used to delineate the setback shall be contiguous and distinctive throughout the site and shall be of a minimum height of four feet.

      (2)   The material used shall not impede stream or flood flow.

   (g)   No approvals or permits shall be issued by the City prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations.

   (h)   Upon completion of an approved property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City.

(Ord. 28-05. Passed 6-9-08.)

   Wetland setbacks are established as follows:

   (a)   A minimum of 50 feet surrounding and including all Ohio EPA Category 3 wetlands, or current equivalent Ohio EPA classification.

   (b)   A minimum of 30 feet surrounding and including all Ohio EPA Category 2 wetlands, or current equivalent Ohio EPA classification.

(Ord. 28-05. Passed 6-9-08.)

   (a)   No change to parcel boundaries or land use:

      (1)   Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory. A photocopy of the applicable section of each map will be attached to the permit application.

      (2)   If a potential wetland is shown on any of the maps or if there is reason for the City to believe that an unmapped wetland exists on or within 120 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.

   (b)   New residential or commercial or other type development and projects involving a change to parcel boundaries or a land use change:

      (1)   Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed.

      (2)   A qualified wetland professional, acceptable to the City Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the City Engineer.

      (3)   If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property/parcel split plans, land development plans, and/or permit applications submitted to the City.

         A.   Wetlands shall be delineated by a site survey, approved by the City, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.

         B.   Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the City.

      (4)   Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.

      (5)   No approvals or permits shall be issued by the City prior to delineation of wetland setbacks in conformance with this regulation.

   (c)   Upon completion of an approved property/parcel split, commercial development or other land development or improvement, riparian and wetland setbacks shall be permanently recorded on the plat records for the City and shall be maintained as open space thereafter through a permanent conservation easement. A third party, not the landowner or permittee or the City that is allowed by State law shall be given the conservation easement. If no third party will accept the conservation easement, the City shall accept it and protect it in perpetuity.

(Ord. 28-05. Passed 6-9-08.)

   (a)   By-Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations.

No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.

      (1)   Recreational activity. Passive recreational uses, as permitted by Federal, State, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.

      (2)   Removal of damaged or diseased trees. Damaged or diseased trees may be removed.

      (3)   Revegetation and/or reforestation. Riparian and wetland setbacks may be revegetated with non-invasive plant species.

      (4)   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)   By-Right Uses with a Permit.

      (1)   Stream bank stabilization and erosion control measures. Stream bank stabilization and erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The City Engineer shall when considering protection of property and public safety determine the material usage for stream bank stabilization. The stream bank stabilization and erosion control measures shall only be undertaken upon approval of a Soil Erosion and Sediment Control Plan by the City.

      (2)   Crossings. Crossings of designated watercourses and through riparian setbacks by publicly and privately owned sewer and/or water lines, public and private utility transmission lines, and public roadways, shall only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance in riparian setbacks and shall mitigate any necessary disturbances. All materials of existing crossings and materials employed in the construction of the crossing shall remain the responsibility of the property owner and shall not impede stream or flood flow. Erosive materials will not be used in making stream crossings.

      (3)   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. 28-05. Passed 6-9-08.)

   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.

   (a)   Construction. There shall be no 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 non-commercial composting of uncontaminated natural materials, and except as permitted under Section 780.10.

   (c)   Roads or Driveways. There shall be no roads or driveways permitted in riparian and/or wetland setback area, except as permitted under Section 780.10. There shall be no roads or driveways or roads 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, except as permitted under Section 780.10.

   (e)   Disturbance of Natural Vegetation. There shall be no disturbance, including mowing, of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with this regulation; for such disturbances as are approved under Section 780.10; and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of this regulation. Nothing in this regulation shall be construed as requiring a landowner to plant or undertake any other activities in riparian and wetland setbacks.

   (f)   Parking lots. There shall be no parking lots or other human-made impervious cover, except as permitted under Section 780.10.

   (g)   New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian and wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with local county Board of Health regulations in effect at the time of application of this regulation.

   (h)   Crossings. Crossings of designated riparian and wetland setbacks by publicly and privately owned sewer and/or water lines, small public and small private utility transmission lines, private roadways, and private walkways and/or bridges without a permit issued by the US Army Corps of Engineers and/or the Ohio EPA.

(Ord. 28-05. Passed 6-9-08.)

   (a)   A non-conforming use within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.

   (b)   A non-conforming structure within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roofline may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.

   (c)   A non-conforming structure or use or deteriorated structure within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is discontinued, terminated, or abandoned for a period of six months or more, may not be revived, restored, or re-established. Exempted from this section shall be housing stock, seasonal structures or uses that have not been condemned through the nuisance abatement ordinance.

   (d)   A non-conforming structure or use that is discontinued may be resumed any time within six months from such discontinuance but not thereafter. No change or resumption shall be permitted that is more detrimental to riparian and wetland setbacks, as measured against the intent and objectives of these regulations as determined by the City, than the existing or former non-conforming structure or use.

(Ord. 28-05. Passed 6-9-08.)

   (a)   When an applicant or his or her designated representative disputes the boundary of a riparian or wetland setback or the ordinary high water mark of a watercourse, the applicant or his or her designated representative shall submit documentation to the City which describes the boundary, the applicant's proposed boundary, and justification for the proposed boundary change.

   (b)   The City Engineer or designee shall evaluate this documentation and shall make a written determination within a reasonable period of time, not to exceed 60 days, a copy of which shall be submitted to the applicant. If during this evaluation the City requires further information, it may be required of the applicant. In the event that the City requests such additional information, the 60 day limit on the City's review shall be postponed until the applicant provides such information.

   (c)   Any party aggrieved by any wetland or riparian setback determination under this regulation may appeal to the Board of Zoning Appeals.

(Ord. 28-05. Passed 6-9-08.)

   (a)   The delineation of the riparian and/or wetland setbacks shall be inspected by the City Building Commissioner or designee, as follows:

      (1)   Prior to any soil disturbing activities authorized by the City under for a property/parcel split, land development plan, and/or building permit. The applicant or his or her designated representative shall provide the City with at least five working days notice prior to starting soil disturbing or land clearing activities.

      (2)   Prior to starting any of the activities authorized by the City under Section 780.10, the applicant or his or her designated representative shall provide the City with at least five working days notice prior to starting such activities.

      (3)   Any time evidence is brought to the attention of the City that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

(Ord. 28-05. Passed 6-9-08.)

   No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.

(Ord. 28-05. Passed 6-9-08.)

   (a)   Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000) or imprisoned for no more than 180 days, or both, for each offense.

   (b)   A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (c)   Upon notice from the City Engineer, or designee, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible tor the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.

   (d)   The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of his or her assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the City Engineer.

(Ord. 28-05. Passed 6-9-08.)