123- Riparian
Setbacks
The purpose and intent of this section is to identify, protect the primary
headwater streams of Madison Township. These streams provide important economic
and ecological functions through the retention of sediment, water, and organic
matter: nutrient reduction; and by providing corridors for wildlife dispersal.
These regulations have been enacted to protect and enhance the functions of
riparian areas by providing reasonable controls governing buildings, structures,
uses, and related soil disturbing activities within setback along designated
watercourses in the township. These setbacks will aid to:
a.
Preserve and conserve the quality and the free flowing condition of the
designated watercourses, protect groundwater recharge and ground (well) water
quality in the interest of promoting and protecting public health and safety.
b.
Reduce flood impacts by absorbing peak flows, slowing the velocity of
floodwaters, and regulating base flow.
c.
Assist in stabilizing the banks of the designated watercourses, reduce stream
bank erosion, and the downstream transport of sediments eroded from such
watercourse banks.
d.
Reduce pollutants in designated watercourses during periods of high flows by
filtering, settling, and transforming pollutants already present in such
watercourses.
e.
Reduce pollutants in designated watercourses by filtering, settling, and
transforming pout ants in runoff before they enter such watercourses.
f.
Provide designated watercourse habitats
with shade and food.
g.
Reduce the presence of aquatic nuisance species to maintain a diverse aquatic
system.
h.
Provide riparian habitat with a wide array of wildlife by maintaining diverse
and connected riparian vegetation.
i.
Minimize encroachment on designated watercourses and limiting the potential need
for invasive measures that may otherwise be necessary to protect buildings,
structures, and uses as well as to reduce the damage to real property and
threats to public health and the safety within the affected watershed.
123.1 Due to the importance of the properly functioning riparian areas, minimum
riparian setbacks may be given preference over minimum front, side, or rear yard
setbacks as specified in this resolution in the consideration of an appeal for a
variance by the Board of Zoning Appeals.
Definitions. For the purpose of this regulation the following terms shall have
the following meanings:
123.1.1“Madison
“ means Madison Township, its designed representatives, Trustees, Boards, or
Commissions.
123.1.2“Damaged
or Diseased Trees” means trees that have split trunks, broken tops, heart rot,
insect or fungus problems that will lead to imminent death, under cut root
systems that put 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.
123.1.3“
Designated Watercourse” means that is contained within, flows through or borders
of Madison Township and meets criteria set forth in this section.
123.1.4
“Federal Emergency Management Agency (FEMA)” means the agency with overall
responsibility for administering the National Insurance Program.
123.1.5“100-year
Floodplain” means any land susceptible to being inundated by water from a base
flood. The base flood is the flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The 100-year floodplain shall be
defined by the Federal Emergency Management Agency (FEMA)
123.1.6“
Ohio Environmental Protection Agency” means the organization referred throughout
this regulation a the “Ohio EPA”
123.1.7
“Ordinary High Water Mark” means the point of the bank to which the presence and
action of the 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 characteristics.
The ordinary high water mark defines the bed of the watercourse.
123.1.8
“Riparian Area” means naturally vegetated land adjacent to watercourses that, if
appropriately sized, helps to stabilize the stream banks, limits erosion,
reduces flood size flows, and/or filter and settle out runoff pollutants, or
performs other functions consistent with the purpose of this regulation.
123.1.9
“Riparian Setback” means those lands in Madison that fall within the area
defined by the criteria set forth in section 123 of this regulation.
123.1.10
“Soil & Water Conservation District” means an entity organized under chapter
1515 of the Ohio Revised Code referring to either the Soil and Water
Conservation District Board or its designed employees.
123.1.11
“Soil Disturbing Activity” means
clearing, grading, excavating, filling, dumping, drilling, striping, or other
alteration of the earth’s surface where natural or human made ground cover is
destroyed, which may result in or contribute to, erosion and sediment pollution.
123.1.12
“ Watercourse” means any brook, channel,
creek, river, or stream having banks, a defined bed, and a definite direction of
flow, either continuously or intermittently.
123.1.13
“ Wetland” means those areas that are inundated by surface or ground water at a
frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in a saturated
soil conditions, including swamps, marshes, bogs and similar such areas.
123.2
APPLICABILITY
These Regulations shall only apply when the following two (2) conditions are
met.
123.2.1
A riparian setback, is set forth in these regulations.
123.2.2
A zoning certificate or conditional use permit is required or necessary.
123.2.3
This regulation shall apply to all zoning districts in Madison Township as
defined by the most resent version of the Madison Township Zoning Resolution.
123.2.4
This regulation shall apply to all lands that are within the borders and
jurisdiction of Madison Township and that borders designed watercourses as
defined in this regulation.
123.2.5
The regulation set forth herein shall apply to all buildings, structures, uses,
and related soil disturbing activities on a lot containing a designated
watercourse, except as otherwise provided herein.
123.2.6
The use of any building, structure or lot lawfully existing prior to the
effective date of these regulations may be continued, subject to the provisions
of Section 137- Nonconforming Uses Of Land and Buildings.
123.2.7The
repair, maintenance, extension, replacement, restoration, reconstruction or
substitution of a building, structure or use lawfully existing prior to the
effective date of these regulations may be continued or completed, subject to
the provisions of Section 137, Nonconforming Uses of Lands and Buildings.
123.2.8
No zoning certificate or conditional zoning permit shall be issued for any
building, structure or use on a lot containing, wholly or partly, a designated
watercourse except in conformity with the regulation set forth herein.
123.3
RIPARIAN SETBACK GUIDANCE MAP
123.3.1The
Township shall provide a map identifying known and potential designated
watercourses and their riparian setbacks. Said map is attached hereto and is
identified as Exhibit “A”. The riparian setback map may be utilized as a guide
or reference document by the zoning inspector and the board zoning appeals in
determining when the riparian setbacks applies.
123.3.2
Nothing herein shall prevent the Township from amending the map from time to
time as may be necessary.
123.3.3Due
to the scale and the information available, all the designated watercourses and
setbacks may not be accurately identified on the riparian setback guidance map.
If any discrepancy is found between the riparian setback map and these
regulations, or if any discrepancy is found between existing site conditions and
theses regulations, the criteria set forth in Section 123 shall prevail.
123.4
ESTABLISHMENT OF DISIGNATED WATERCOURSES AND RIPARIAN SETBACK DISTANCES.
123.5.1 Designated watercourses shall include those watercourses meeting any one
of the following criteria.
a.
All watercourses within the territorial boundaries of Madison Township
designated as having banks, a defined bed, and a definite flow, either
continuously or intermittently flowing. In determining if a watercourse shall be
designated watercourse by the Township, so as to require a riparian setback, the
Madison Township Zoning Inspector may consult with representatives of the Lake
County Soil and Water Conservation District and/ or State or Federal
governmental officials or technical experts. Final determination shall be made
by the Zoning Inspector in accordance with the rules herein.
b.
Any watercourse newly constructed, altered, restored or proposed in a
development or as part of an overall development plan. Such projects must show
compliance with all applicable local, state and federal requirements.
123.5.1
Riparian setbacks on designated watercourses are established as follows:
a.
A minimum of 120feet on each side of all watercourses draining an area greater
than or equal to 20 square miles.
b.
A minimum of 75 feet on each side of all
watercourses draining an area greater than or equal to one square mile and up to
20 square miles.
c.
A minimum of 25 feet on each side of all
watercourses draining an area less than one square mile and having a defined bed
and bank as determined in section 123 of this regulation.
d.
A minimum of 75 feet on each side of all watercourses designated as Class III
Primary Headwater Habitat streams.
123.5.2
The Following shall apply in Riparian Setbacks:
a.
Riparian setbacks shall be measured in horizontal direction outward from the
ordinary high water mark of each designated watercourse.
b.
Except as otherwise provided in this regulation, riparian setbacks shall be
preserved in their natural state.
c.
Where the 100-year floodplain is wider than a riparian setback on either or both
sided 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
on the Flood Insurance Rate Maps (FIRM) of Lake County, Ohio administered by
FEMA.
d.
Where wetlands are identified within a riparian setback, the minimum riparian
setback width shall be extended to the outer boundary of the wetland. Wetlands
shall be delineated by a site survey prepared by qualified wetlands professional
using delineation protocols accepted by the U.S. Army Corps of Engineers and
Ohio Environmental Protection Agency.
e.
Where proposed projects indicate impacts to wetlands, the wetlands shall be
delineated using protocols accepted by The U.S. Army Corps of Engineers. Such
delineation is a requirement of the U.S. Army Corps of Engineers and the Ohio
Environmental Protection Agency.
All wetlands as identified by the State Of Ohio and/ or U.S. army Corps of
Engineers shall have the following setbacks as measured from the jurisdictional
boundary:
1.)
50 feet extending beyond the outmost boundary of a Category 3 wetland.
2.)
30 feet extending beyond the outermost boundary or a Category 2 wetland.
3.)
10feet extending beyond the outermost boundary of a Category 1 wetland.
123.6
APPLICATIONS AND SITE PLAN
123.6.1 Where applicable, the site owner shall be responsible for delineating
riparian setbacks as required by these regulations and shall identify these
setbacks on all site plans submitted to the Zoning Inspector in accordance with
Section 126, Site Development Review and Section 140, Zoning Certificates.
123.6.1
If soil disturbing activities, or construction related activities such as
mineral storage, will occur within 50 feet of the outer boundary of a riparian
setback, the setback shall be clearly delineated by the site owner on-site with
construction fencing prior to any soil disturbing or construction related
activities. Such delineation shall extend 50 feet beyond the limits of soil
disturbing or construction related activities and shall be maintained throughout
soil disturbing or construction related activities.
123.6.2
The Zoning Inspector shall not issue approvals unless said project is in
conformance with this regulation.
123.6.3
The Zoning Inspector may consult with the Lake County SWCD, or other experts
retained by the Township in reviewing any submittals associated with
implementation of this regulation.
123.7
PERMITTED STRUCTURES AND USES WITHOUT A ZONING CERTIFICATE
The following structures and uses are permitted in the riparian setback without
a zoning certificate. No structure or use permitted under this regulation shall
allow trespass on, or public access to, privately held land.
123.7.1 Damaged or diseased may be removed.
123.7.1
Maintenance of existing, and the cultivation of new lawns, landscaping,
shrubbery or trees.
123.7.2
Water supply wells for the purpose of serving permitted structures or uses on
lots of record shall be allowed.
123.7.3
Recreation activities such as fishing, hunting, picnicking, trails, picnic
tables, walkways and paths for non-motorized vehicles constructed of pervious
materials.
123.7.4
Water supply wells subject to the regulations enforced by the Lake County
General Health District or the Ohio EPA.
123.7.5
Passive open space to preserve the riparian setback in its natural state.
123.7.6
On-site sewage/ treatment systems subject to the applicable regulations enforced
by the Lake County General Health District or the Ohio EPA.
123.8
PERMITTED STRUCTURES AND USES WITH A ZONING CERTIFICATE.
The following structures and uses shall be permitted in a riparian setback,
subject to the approval of an application for a zoning certificate by the Zoning
Inspector and in accordance with the following regulations and other applicable
regulations contained in this resolution.
123.8.1 Crossings of designated watercourses through riparian setbacks with
roads, driveways, easements, bridges, culverts, utility service lines, or other
means shall be allowed subject to other requirements of the Madison Township
Zoning Resolution, the Lake County SWCD, and the Lake County Engineer. If the
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 401Water Quality Certification), shall also be
provided to the Zoning Inspector. Proof OF Compliance shall be 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.
123.8.1
Stream-bank Stabilization Projects
Stream-bank Stabilization Projects along designated watercourses shall be
allowed, subject to other requirements of the Madison Township Zoning Resolution
and the Lake County SWCD. If stream-bank stabilization work is proposed below
the ordinary high water mark of the designated watercourse, proof of compliance
with applicable conditions of the U.S. Army Corps Of Engineers section 404
permit (Either a Nationwide Permit 13, including the state Of Ohio Certification
Special Conditions and Limitations, or an Individual Permit, including Ohio 401
Water Quality Certification shall be provided to the Zoning Inspector.) Proof of
Compliance shall be the Following:
1.)
A site plan showing any stream-bank projects 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.
123.8.2
Storm Water Retention And Detention Facilities may be constructed in riparian
setbacks provided;
1.)
Storm Water quality treatment is consistent with Ohio EPA and Lake County SWCD
regulations.
2.)
Storm water retention and detention facilities are located at least 50 feet from
the ordinary high water mark of the watercourse.
123.9
CONDITIONAL STRUCTURES AND USES IN RIPARIAN SETBACKS
The following conditional structures and uses may be allowed in riparian
setbacks, subject to the approval of the application for a conditional use
permit by the Board of Zoning Appeals in accordance with the conditions herein
and such other applicable regulations set forth in this zoning resolution.
123-9
123.9.1
Waste Water Plants and Appurtenances may be constructed in riparian setbacks.
Proof of compliance with the applicable regulations of the Ohio EPA and the Lake
County SWCD and the Lake County Engineers Office shall be provided.
123.9.2
Signs in accordance with this zoning resolution may be erected in the riparian
setback.
123.10
STRUCTURES USES, AND OBSTRUCTIONS PROHIBITED IN REPARIAN SETBACKS.
Any structure or use not permitted under this regulation shall be prohibited in
riparian setbacks. The following structures or uses are specifically prohibited:
123.10.1Construction.
There shall be no structures, as defined in the Madison Township Zoning
Resolution, except as permitted in this regulation.
123.10.2Dredging
or Dumping. There shall be no drilling, filling, dredging or dumping of soil,
spoils, liquids, yard waste or solid materials, except for noncommercial
composting of uncontaminated natural materials and except as permitted under
this regulation.
123.10.3
Fences and walls. There shall be no fences or walls constructed in the riparian
setbacks except as permitted under this regulation.
123.10.4
Parking spaces or Lots and loading/ Unloading Spaces for Vehicles. There shall
be no parking spaces, lots, or loading/ unloading spaces, except as permitted
under this regulation.
123.10.5
Roads and Driveways. There shall be no roads or driveways, except as
permitted under these regulations.
123.11
INSPECTION AND ENFORCEMENT OF RIPARIAN SETBACKS
The delineation of riparian setbacks shall be inspected and enforced by the
Zoning Inspector.
123.11.1The
owner shall notify the zoning inspector at least 10 working days prior to the
initiation of any construction, land development or soil disturbing activities
on a lot.