Wadsworth City Zoning Code
RIPARIAN ZONE
SETBACKS
§ 154.510 PURPOSE AND APPLICABILITY.
(A) The purpose and intent of this subchapter is to regulate construction and land uses within riparian zones and wetlands that would impair the ability of these areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters and regulating base flow.
(2) Assist is stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, stream 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 and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide riparian habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(B) This subchapter has been enacted to protect riparian areas and wetlands by providing reasonable controls governing activities and uses within a riparian zone along watercourses in the city.
(C) This subchapter shall apply to all lands in any zoning district that are within the jurisdiction of the city and that border watercourses as defined in this section.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24)
§ 154.511 DEFINITIONS.
In addition to those terms defined in § 154.002, the following terms are hereby defined as follows for the purpose of implementing this section.
DAMAGED OR DISEASED TREES. Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.
LOCAL DRAINAGE SYSTEM. A system of watercourses and stormwater pipes having a contributing watershed equal to or less than one-quarter of a square mile as determined by the City Engineer.
MAJOR WATERCOURSE. A watercourse having a contributing watershed in excess of one square mile as determined by the City Engineer.
MEDINA COUNTY SOIL AND WATER CONSERVATION DISTRICT (SWCS). The entity organized under R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees with jurisdiction over lands within the County of Medina.
MINOR WATERCOURSE. A watercourse having a contributing watershed in excess of one-quarter of a square mile and not greater than one square mile as determined by the City Engineer.
OEPA. The Ohio Environmental Protection Agency. Sometimes referred to as Ohio EPA.
ORDINARY HIGH WATER MARK. The point of the stream bank to which the presence and action of surface water is so continuous as to leave an area marked by erosion, destruction, or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ORDINARY HIGH WATER MARK defines the bed of a watercourse.
QUALIFIED WETLANDS PROFESSIONAL. Any competent person or organization whose wetland delineations are accepted and approved by the U.S. Army Corps of Engineers and Ohio EPA.
RIPARIAN AREA. Naturally vegetated land adjacent to watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
RIPARIAN ZONE. Those lands within a riparian area of the city defined by the criteria set forth in § 154.512(B).
SOIL-DISTURBING ACTIVITY. Clearing, grading, excavating, filling, dumping, grubbing, stripping, or other alteration of the earth's surface where natural or human-made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
UNITED STATES ARMY CORPS OF ENGINEERS (USCOE). The federal agency with jurisdictional authority over the wetlands within the city.
WASTEWATER TREATMENT PLANT (WWTP). A facility at the end of the sanitary collection system which processes the influent waste, and discharges water to a receiving system, treated to the standards of the Ohio Environmental Protection Agency (Ohio EPA).
WATERCOURSE. Any brook, creek, river or stream or other channel having defined bed and banks; within which concentrated water flows continuously or intermittently.
WATERCOURSE BED. The area between the ordinary high water marks on either side of a watercourse.
WETLAND. Hydric soils or other areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS include swamps, marshes, bogs, and similar areas as defined in 40 C.F.R. 232, as amended. For the purposes of riparian zone regulation, WETLANDS are limited only to the following areas:
(1) Areas depicted as wetlands on the National Wetland Inventory Map published by the U.S. Fish and Wildlife Service.
(2) Areas delineated as wetlands by a site survey prepared by a qualified wetlands professional using delineation protocols accepted by the U.S. Army Corps of Engineers at the time of delineation.
(3) Areas determined to be wetlands by the U.S. Army Corps of Engineers or equivalent state or federal agency responsible for wetland regulation.
WETLAND BOUNDARY. The outer limits of the wetland area subject to riparian zone regulation based on the most precise information available. The following sources of information will be considered in establishing the WETLAND BOUNDARY in descending order of preference:
(1) Wetland areas as determined by the U.S. Army Corps of Engineers or equivalent state or federal agency responsible for wetland regulation.
(2) Wetland areas as delineated by a qualified wetlands professional.
(3) Wetland areas as depicted on the National Wetland Inventory Map.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24)
§ 154.512 ESTABLISHMENT OF DESIGNATED RIPARIAN ZONES ALONG WATERCOURSES AND WETLANDS.
(A) Riparian zones are hereby established along all major and minor watercourses as follows:
(1) For major watercourses, the minimum width of a riparian zone shall be 50 feet on either side of the watercourse, measured from each ordinary high water mark. If the major watercourse is conveyed through an underground pipe, then the riparian zone shall be a total of 120 feet wide centered on the pipe.
(2) For minor watercourses, the minimum width of a riparian zone shall be ten feet on either side of a watercourse, measured from each ordinary high water mark. If the minor watercourse is conveyed through an underground pipe, the riparian zone shall be a total of 30 feet wide centered on the pipe.
(3) For local drainage systems, no riparian zone applies.
(B) Riparian zones are hereby established within all wetland areas. The boundary of the riparian zone shall be the wetland boundary.
(C) Except as otherwise provided in this regulation, riparian zones shall be preserved in their natural state and protected by easements.
(D) The property owner shall be responsible for delineating riparian zones as required by this section and shall identify these setbacks on all site plans submitted to the City Engineer. The site plan shall be drawn to scale and shall be based upon a survey of the subject lot, which has been prepared and stamped by a professional surveyor registered to practice in the State of Ohio.
(E) To assist property owners and other interested parties determine the approximate location of riparian zones, the city shall show known designated watercourses, wetlands on the Official Map of the city. Designated watercourses and wetlands that are unknown or unmapped at the time this subchapter becomes effective shall still be subject to all provisions in these sections and the party developing such properties shall be responsible for calculating the riparian zone setback.
(F) If soil-disturbing activities or construction related activities, such as materials storage, will occur within 100 feet of the outer boundary of a riparian zone, the riparian zone shall be clearly delineated on the actual site by the property owner by the installation of construction fencing or other methods acceptable to the City Engineer prior to any soil disturbing or construction related activities. The delineation shall be maintained throughout soil-disturbing or construction related activities.
(G) The City Engineer may consult with the Medina SWCD, U.S. Army Corps of Engineers, Ohio EPA or other technical experts retained by the city in reviewing any submittals associated with implementation of this section.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24) Penalty, see § 154.999
§ 154.513 PERMITTED STRUCTURES AND USES WITHIN A DESIGNATED RIPARIAN ZONE.
The following structures and uses are permitted in the riparian zone provided all other necessary approvals and permits have been obtained from the City of Wadsworth, U.S. Army Corps of Engineers, Ohio EPA or any other governmental agency having jurisdiction.
(A) Passive recreational uses.
(B) Removal of damaged or diseased trees.
(C) Maintenance and repair of roads, driveways, bridges, culverts, trails, walkways, paths, sanitary sewer facilities and appurtenances, water distribution systems and appurtenances, storm sewers, and on-site sewage disposal systems.
(D) Maintenance and cultivation of lawns, landscaping shrubbery or trees.
(E) Crossings. Crossings of designated watercourses through riparian zones with roads, driveways, easements, bridges, culverts, utility service lines, or other means shall be allowed, subject to requirements established by the City Engineer, U.S. Army Corps of Engineers, Ohio EPA or other governmental agency having jurisdiction. If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit (either a nationwide permit, including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification), shall also be provided to the City Engineer. Proof of compliance shall include the following:
(1) A site plan showing that any proposed crossing conforms to the general and specific conditions of the applicable nationwide permit; or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable nationwide permit; or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
(F) Stream bank stabilization projects along designated watercourses shall be allowed, subject to other requirements of the City Engineer. If stream bank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a U.S. Army Corps of Engineers Section 404 permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an individual permit, including Ohio 401 water quality certification) shall be provided to the City Engineer. Proof of compliance shall include the following:
(1) A site plan showing that any proposed crossing conforms to the general and specific conditions of Nationwide Permit 13; or
(2) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13; or
(3) A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an individual permit.
(G) Stormwater retention and detention facilities.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24) Penalty, see § 154.999
§ 154.514 STRUCTURES AND USES PROHIBITED IN RIPARIAN ZONES.
The following structures and uses are prohibited except as authorized under § 154.513:
(A) Construction. There shall be no construction of new structures, land clearing, grading, filling, stockpiling, placement of project related trailers, parking of equipment or removal of healthy trees.
(B) Dredging or dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquids, yard wastes, or solid materials, except for noncommercial composting of uncontaminated natural materials.
(C) Fences and walls.
(D) Parking spaces, parking lots or other vehicular loading/unloading or storage areas.
(E) Roads or driveways.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24) Penalty, see § 154.999
§ 154.516 INSPECTION OF RIPARIAN ZONES.
(A) The City Engineer shall inspect the field delineation of riparian zones prior to the commencement of soil-disturbing activities authorized by the City Engineering under a subdivision or site development plan or prior to commencement of the uses and installation of structures permitted under § 154.513.
(B) The applicant shall provide the City Engineer with at least two working days notice prior to the commencement of soil disturbing activities or other work within a riparian zone. Construction fences, as prescribed by this subchapter and which serve to delineate riparian zone areas, must be installed prior to the issuance of two working days notice to the City Engineer.
(Ord. 08-028, passed 6-3-08)
§ 154.517 VIOLATIONS.
(A) No person shall violate or cause or permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this section, or use or cause or permit the use of any lands in violation of this section or in violation of any permit granted under this section.
(B) The Director of Public Service, or his or her authorized representative, may issue a Stop Work Order/Order to Vacate so that all work within a riparian setback shall immediately cease and all encroachments shall be immediately removed in order to minimize damage to the riparian zone. Work may not proceed unless in compliance with all provisions of this chapter.
(C) The imposition of any penalties provided for by § 154.999 shall not preclude the city instituting an appropriate proceeding for injunction or other action 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 these sections or other applicable laws, ordinances, rules, regulations or the orders of the city.
(Ord. 08-028, passed 6-3-08)
§ 154.518 VARIANCES AND APPEALS.
(Ord. 08-028, passed 6-3-08; Am. Ord. 24-090, passed 10-15-24)