1157.03 DELINEATIONS REQUIRED.
The following procedures and standards shall apply to the delineation of riparian areas, riparian setbacks, wetland areas, and wetland setbacks:
(a) Upon receipt of an application for:
(1) Minor subdivision;
(2) Major subdivision;
(3) Site plan for any use or structure; or
(4) Application for a building permit;
the Director of Planning, Zoning and Building and the Director of Engineering, Utilities and Inspections, hereafter the City Engineer, shall determine if there is potential that the property which is the subject of the application includes part of a riparian area, riparian setback, wetland area, or wetland setback. The determination shall be made based upon available information regarding the location, extent, and characteristics of riparian areas, riparian setbacks, wetland, or wetland setbacks in proximity to the subject property.
(b) The Director of Planning, Zoning and Building and the City Engineer may waive the requirement for delineation if they determine:
(1) That it is unlikely that the property includes part of a riparian area, riparian setback, wetland area, or wetland setback; or
(2) That the proposed construction is unlikely to be located in or have any impact upon any riparian area, riparian setbacks, wetland area, or wetland setbacks; or
(3) That the potential for impact of the proposed construction upon any riparian area, riparian setback, wetland area, or wetland setback has already been reviewed and approved by the Planning Commission in a subdivision plan, site plan, or other approval by the City.
(c) If the Director of Planning, Zoning and Building and the City Engineer determine that there is potential that the subject property includes part of a riparian area, riparian setback, wetland area, or wetland setback, and that the delineation requirement should not be waived, then they shall direct the applicant to prepare and submit a delineation of such areas according to the provisions of this Chapter.
(d) The applicant shall be responsible for engaging the services of a Professional Wetland Scientist to delineate the riparian areas, riparian setbacks, wetland areas, or wetland setbacks consistent with the provisions of this Chapter, and shall identify the areas on plats or site plans for any proposed minor subdivision, major subdivision, site development, or other construction subject to a building permit. This delineation shall be conducted prior to any further action by the City in review or approval of any plats or site plans for any proposed minor subdivision, major subdivision, site development, or other construction subject to a building permit. This delineation shall be done through a metes and bounds survey and shall be subject to review and approval by the Director of Planning and Zoning and by the City Engineer. As the result of this review, the Director of Planning and Zoning may require further studies from the developer, applicant, or designated representative.
Wetlands shall be delineated and categorized by a site survey approved by the City Engineer using delineation protocols accepted and approved by the U.S. Army Corps of Engineers. All wetland categorizations shall be based on the Ohio Environmental Protection Agency, Ohio Rapid Assessment Method
(e) Prior to any land clearing, grading or grubbing, the applicant shall mark the site by properly staked orange construction fencing or other methods approved by the Director of Planning, Zoning and Building to indicate the boundaries of the riparian setback, wetland area, or wetland setback. The markings shall be maintained throughout construction.
(f) No approvals or permits for uses, subdivisions, building construction, or other site improvements shall be issued by the Director of Planning, Zoning and Building or by the City Engineer prior to delineation and prior to determination that such approval or permits comply with these regulations.
(g) All watercourses, riparian setbacks, wetland areas, and wetland setbacks shall be drawn on the recorded plat of any approved subdivision of land. The watercourses, riparian setbacks, wetland, and wetland setbacks shall be shown on any approved site plan.
(Ord. 2013-130. Passed 1-27-14.)