(A) Generally. If the Planning Commission finds that lands or soils proposed to be subdivided are incapable or unsuitable for subdivision development for any use due to the attributes listed of a conservation district and/or conservation/buffer district as defined in this section; and/or if the subdivision as proposed causes hazard or abuse of such features based on the comments, conditions or exceptions offered by the Village Engineer and/or the Building Inspector; the Commission shall not approve the land for subdivision unless or until the subdivider has submitted plans and assurances to the satisfaction of the Commission and review agents that the land and soil can be used without hazard, contamination or degradation.
(B) Conservation district. Those lands and soils found to be incapable and/or unsuitable for urban use and which pose special hazard, pollution or degradation to the site, environment surrounding or the public at large, if subjected to improper alteration, use or management. Such land and soils include:
(1) Tributary drainage system: the beds and banks of perennial and intermittent streams;
(2) Alluvial floodplains: soil types AdC, Ee, Gn, Hu, Lg, Ln, Mh, Ne, Rh, Rn, Sh and St;
(3) Floodzones: those lands determined subject to flood of record or calculated flood hazard by the Federal Emergency Management Agency (FEMA), including floodway areas, special flood hazard areas and other flood areas, as depicted in:
(a) The Flood Insurance Rate Maps dated March 16, 2006; or
(b) As may be determined, mapped and made available by FEMA in the future.
(4) Lakes or ponds intermittently filled with water: marshes, swamps and wet spots (equivalent to soil types Bc, Ct and Mb);
(5) Areas of standing water: lakes, ponds and springs;
(6) Depressions, gullies, quarries and gravel pits: complete Cu, Gr and Rh soil types;
(7) Bedrock escarpments;
(8) Steep slope and erosion hazards: sand-gravel soil types in excess of 18; silt soils in excess of 12; and clay soils in excess of 12% slope; defined as soil types AdC, CcD2, CkD3, EaD2, EaE2, EaF2, EbD2, EbE2, EbG2, EcE3, EdG3, FaE2, FaG2, HkD2, HkF2, HiG3, RkE2, GpE2, SeD2 and WrD2;
(9) Other erosion hazards: defined as severely eroded spot, blow out wind, erosion, areas of gravel, clay spot, sand spot, made land, soil types Cu, Gr and Rh;
(10) Wetlands: defined to be nearly impervious soils of permeability less than 0.2 inches/hour of soil types Bc, Cf and Mb;
(11) Archeological sites, historic sites, publicly designated landmarks: defined and mapped by the United States Corps of Engineers in:
(a) The 1971 Summary of the Environmental Inventory of Natural, Historic and Archeological Features - Miami River, Little Miami River, Southwestern Ohio;
(b) The 1970 Inventory of Natural Features - Miami, Little Miami; and
(c) As may be determined and made available by the Corps in the future.
(12) Natural landforms and scenic elements: as inventoried and mapped by the Planning Commission.
(C) Conservation sensitive/buffer district. Those lands and soils found to be directly affecting on the protection of a conservation element or of such sensitive character that they may require special use, design and engineering restrictions. Such lands and soils include:
(1) Tributary drainage buffers: the zone of land 150 feet from the centerline or bank of a perennial stream; the zone of land 50 feet from the centerline or bank of an intermittent stream;
(2) Flood fringe and shorelines: the zones of land 100 feet from:
(a) The edge of the flood zone;
(b) About all dams, levies, flood control embankments, holding ponds and similar water control measures;
(c) From the bank, edge or shoreline of a marsh, swamp, wet spot, lake, pond or spring; and/or
(d) As the Corps of Engineers may determine to be affected by or affecting on any area above.
(3) Exceedingly shallow depth to seasonal high water table: defined as less than six inches from the surface or soil types Bc, Ct and Mb;
(4) Noncompressive soil foundations: defined as clay soil types EaD2, EaE2, EaF2, SeC2 and SeD2;
(5) Exceedingly shallow depth to bedrock: where bedrock is less than two feet from the surface; soil types FaE2 and FaG2;
(6) Moderate to steep slope and erosion hazard: sand-gravel soil between 12 and 18; silt soil between six and 12; clay soil between six and 12% slopes; defined as soil types CcC2, EbC2, FnC2, GpC2, RkD2, RpC2, RsC3, RtC, SeC2 and WrC2;
(7) Other limiting hazards: defined as stoney, rock outcrop, chert fragment and scabby lands;
(8) Prime agricultural soils: defined as soils of capability I Class; or soil type OcA;
(9) Woodlands: woodland areas shown on the NGS 7.5 minute quadrangle series maps;
(10) Woodland wildlife habitats: prime to well-suited woodland wildlife areas of soil types Bc, CcB, CcB2, CcC2, Ct, EbC2, Ee, FnB, FnC2, Gn, GpB, GpC2, Hn, Lg, Ln, MdB, OcA, OcB, RkD2, Rn, RpA, RpB, RpB2, RpC2, RsC3, SaA, SaB, St, WvB and WvC2 where these soil types coincide with existing woodlands on the NGS 7.5 minute quadrangle series maps; and
(11) Historical, cultural buffers: lands within a 500 foot zone of archeological sites, historic areas, publicly designated landmarks classed by the United States Corps of Engineers and all privately restored, designated or interested facilities that may be added to the Corps listing.
(1997 Code, § 152.082)