§ 3372.905. Standards for preserving existing natural features.

Development of a lot or parcel within the Hellbranch Run Watershed Protection Overlay is subject to the following standards intended to preserve existing natural features of the property that promote flood control and protect water quality.

A.

Watercourse Preservation. All watercourses shall remain open and shall not be enclosed within a storm sewer or other engineered structure. Channelization or other physical alterations may only be permitted when no other practicable alternative exists and when natural channel design principles are implemented in a manner approved by the director of public utilities or the director's designee. Compliance with the requirements of this section does not supplant any other applicable federal or state permitting requirements.

B.

Floodplain Preservation. Neither the total 100 year flood storage capacity nor the total area of the 100 year floodplain shall be reduced. Floodplain fill permits may be granted for fill outside the limits of the stream corridor protection zone upon demonstration by the applicant that any net loss of both the area and the flood storage volume of the 100 year floodplain will be fully mitigated within the watershed at a site as close as practicable to the area of fill through either the creation of new floodplain or the management and treatment of additional flood volumes equal to those which would have been managed and treated within the lost floodplain.

C.

Stream Corridor Protection. The stream corridor protection zone shall be kept in as natural state as possible so that it can perform its inherent function of flood storage and water quality protection.

1.

The applicant shall identify on the plat or plan and visibly delineate on the site the stream corridor protection zone prior to any development of the site to prevent excursions onto the zone during construction. Such delineation must be submitted to the director of public utilities or the director's designee for review and approval prior to construction.

2.

No later than the conclusion of construction, the applicant shall permanently delineate the stream corridor protection zone in an aesthetically harmonious manner, approved by the director, such that the location of the zone is apparent to a casual observer and that permits access to the zone.

3.

Land managed in compliance with this overlay and designated as a stream corridor protection zone may, at the option of the land owner, be deeded in fee simple to the city of Columbus.

4.

That portion of a lot or parcel reserved as the stream corridor protection zone may be included in the total area for computing the density permitted by the particular underlying zoning district for that parcel even if ownership of the stream corridor protection zone is subsequently transferred. The resulting increase in net density permitted on that portion of the lot or parcel located outside of the stream corridor protection zone is acceptable to the extent that the gross density for the total area does not exceed the density prescribed by the underlying zoning district.

5.

Designated stream corridor protection zones, located outside of the floodway, shall be credited toward the open space or parkland set aside required in Chapter 3318 of the Columbus City Codes; provided, however, the stream corridor protection zone may not constitute more than 50 percent of such open space or parkland set aside requirement without the express written consent of the director of recreation and parks.

6.

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

a.

Passive Uses. Uses that are passive in character shall be permitted in stream corridor protection zones, including, but not limited to, passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses. Construction of paved trails to further such passive recreation uses is also authorized. However, trails that become damaged due to natural erosion shall not be repaired but shall be moved upland or removed altogether.

b.

Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Due to the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter at the cut end shall be cut into sections no longer than six feet, anchored to the shore, or removed from the 100 year floodway.

c.

Revegetation and/or Reforestation. Revegetation and/or reforestation of the stream corridor protection zone using approved species pursuant to Appendix B. Appendix B lists species of shrubs and vines recommended for stabilizing flood prone areas and/or constructing wetlands for the Hellbranch Run watershed.

d.

Public Utilities. Sanitary sewer, storm sewer and/or water lines and public utility transmission lines may be located within the stream corridor protection zone, and disturbances of the zone necessary to place and/or maintain such utilities are also authorized. The placement, construction and maintenance of such utilities shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances.

e.

Existing Crossings and New Arterial Streets. Construction and operation, including maintenance, widening, and new construction of any existing crossing or bridge or new arterial street or arterial street bridge, as that term is defined in C.C.C. § 3123.03. A new crossing or new roadway for a street other than an arterial may be permitted to cross the stream corridor protection zone only in those circumstances when the parcel has no other existing access or when such crossing is necessary for public health or safety. Such activity shall minimize disturbance to stream corridor protection zones and shall mitigate any necessary disturbances.

f.

Disturbances of the zone necessary to accomplish the uses described in paragraphs a through e of this subsection are also authorized. However, all such disturbances shall be minimized and any necessary disturbances shall be mitigated.

7.

Prohibited Uses. Any use not authorized under these regulations shall be prohibited in the stream corridor protection zone. 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 Filling. There shall be no drilling, filling, dredging, grading, or dumping of soil, spoils, liquid, or solid materials. No floodplain fill permits may be granted for area within the steam corridor protection zone.

c.

Roads or Driveways. There shall be no new roads or driveways other than arterial streets as that term is defined in C.C.C. § 3123.03.

d.

Motorized Vehicles. There shall be no use of motorized vehicles.

e.

Disturbance of Natural Vegetation. There shall be no disturbance of the natural vegetation at any time including during construction on the remainder of the site, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of these regulations.

f.

Parking Lots. There shall be no parking lots or other human made impervious cover.

g.

New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Stream corridor protection zones shall not be used for the disposal or treatment of sewage except for those treatment and/or disposal systems existing at the time of passage of these regulations when such systems are properly permitted in accordance with the city of Columbus or Franklin County health departments and/or Ohio Environmental Protection Agency regulations.

(Ord. 2431-03 § 38; Ord. 0760-04 § 2; Ord. 0854-2008 § 45.)

Appendix B.

Native Plants for Use in Hellbranch Area

* Plants must be the species to ensure the use of natives. Go by exact scientific name (not common name).

Conifers

Eastern Red Cedar (Juniperus virginiana)

Vines

Virginia Creeper (Parthenocissus quinquefolia)

Shrubs

Spicebush (Lindera benzoin)

Serviceberry (Amelanchier arborea)

Buttonbush (Cephalanthus occidentalis)

Mapleleaf Viburnum (Viburnum acerifolium)

Arrowwood Viburnum ( Viburnum dentatum)

Silky Dogwood (Cornus amomum)

Trees

Boxelder (Acer negundo)

Sugar Maple (Acer saccharum)

Red Maple (Acer rubrum)

Hackberry (Celtis occidentalis)

Tulip (Liriodendron tulipifera)

Bur Oak (Q. macrocarpa)

Black Oak (Quercus velutina)

Red Oak (Quercus rubra)

Shingle Oak (Quercus imbricaria)

Swamp White Oak (Quercus bicolor)

White Oak (Quercus alba)

Chinquapin Oak (Quercus muhlenbergii)

Black Willow (Salix nigra)

Sycamore (Platanus occidentalis)

Eastern Hophornbeam (Ostrya virginiana)

Ironwood (Carpinus caroliniana)

Flowering dogwood (Cornus florida)

Staghorn Sumac (Rhus typhina)

Butternut (Juglans cinerea)

Mockernut Hickory (Carya tomentosa)

Shagbark Hickory (Carya ovata)

Pignut Hickory (Carya glabra)

Green Ash (Fraxinus pennsylvanica)

Blue Ash (Fraxinus quadranulata)

White Ash (Fraxinus americana)

Honeylocust (Gleditsia tricanthos)

American Elm (Ulmus americana)

Slippery Elm (Ulmus rubra)

Black Cherry (Prunus serotina)

Common Chokecherry (Prunus virginiana)

American Basswood (Tilia americana)

Ohio Buckeye (Aesculus glabra)

Pawpaw (Asimina triloba)

Grasses, Sedges, Rushes and Horsetails

Big Bluestem (Andropogon gerardi)

Sideoats Grama (Bouteloua curtipendula)

Little Bluestem (Schizachyrium scoparium)

Indian Grass (Sorgastrum nutans)

Nodding Wild Rye (Elymus Canadensis)

Fowl Manna Grass (Glyceria striata)

Blunt Spike Rush (Eleocharis obtusa)

Bristly Sedge (Carex comosa)

Awl-fruited Sedge (Carex stipata)

Fox Sedge (Carex vulpinoidea)

Hardstem Bulrush (Scirpus acutus)

River Bulrush (Scirpus fluviatilis)

Soft-stem Bulrush (Scirpus validus)

Common Rush (Juncus effusus)

Flowers

New England Aster (Aster nova angliae)

Spotted Jewelweed (Impatiens capensis)

Black-eyed Susan (Rudbeckia hirta)

Common Milkweed (Asciepias syriaca)

Butterfly Milkweed (Asclepias tuberosa)

Thistle (Cirsium discolor)

Purple Coneflower (Echinacea purpurea)

Joe Pye Weed (Eupatorium maculatum)

Boneset (Eupatorium perfoliatum)

Rough Blazing Stars (Liatris aspera)

Wild Bergamot (Monarda fistulosa)

Common Evening Primrose (Oenothera biennis)

Stiff Goldenrod (Solidago rigida)

Late Goldenrod (Solidago gigantean)

Early Goldenrod (Solidago juncea)

Prairie False Indigo (Baptisia lactea)

Virginia Bluebells (Mertensia virginica)

Hairy Penstemon (Penstemon hirsutus)

Grayhead Priarie Coneflower (Ratibida pinnata)

Rosinweed (Silphium trifoliatum)

Cup Plant (Silphium perfoliatum)

Golden Alexanders (Zizia aurea)

Queen-of-the-prairie (Filipendula rubra)

Bloodroot (Sanguinaria cnadensis)

Jack-in-the-pulpit (Arisaema triphyllum)

Large-flowered Trillium (Trillium grandiflorum)

Wild Geranium (Geranium maculatum)

Wild Blue Phlox (Phlox divaricata)

Yarrow (Achillea millefolium)

Columbine (Aquilegia canadensis)

Biennial Gaura (Gaura biennsis)

Moist Areas

Swamp Milkweed (Asclepias incarnata)

Marsh marigold (Caltha palustris)

Blue Flag Iris (Iris virginica)

Cardinal Flower (Lobelia cardinalis)

Michigan Lily (Lilium michiganense)

Common Water Plantain (Alisma subcordatum)Nodding Beggarticks (Bidens cernua)

Common Beggarticks (Bidens frondosa)

Common Sneezeweed (Helenium autumnale)

Blue Vervain (Verbena hastata)

Turtlehead (Chelone glabra)

(Ord. 0854-2008 § 45.)