§ 155.222  LANDS TO WHICH SUBCHAPTER APPLIES.
   (A)   Wetland District.
      (1)   This subchapter shall apply to all lands in or within 25 feet of a wetland located within the jurisdiction of Beverly Shores. Areas shown on the official wetlands map as being wetlands are presumed to be wetlands consistent with the definitions thereof.
      (2)   Wetlands not shown on the official wetlands map are presumed to exist in Beverly Shores and are hereby designated to be within the wetlands and are protected under all of the terms and provisions of this subchapter. The official wetlands map shows only the general location of wetlands and should be consulted by persons contemplating activities in or near wetlands before engaging in a regulated activity.
      (3)   The official wetlands map, together with all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of this subchapter. The official wetlands map shall be on file in the office of the Clerk-Treasurer.
   (B)   Rules for interpretation of wetland district boundaries.
      (1)   The boundaries of a wetland shall ordinarily be determined by the applicant through the performance of a field survey applying the wetland definition.
      (2)   The official wetlands map is to be used as a guide to the general location of wetlands.
      (3)   The applicant is required under § 155.225(B) to show a wetland boundary on a scaled drawing submitted as part of the permit application.
      (4)   Wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Evidence documenting the results of the boundary survey may be required by the Beverly Shores Plan Commission.
      (5)   The Beverly Shores Building Commissioner, when requested by the applicant, may waive the delineation and, in the applicant, may waive the delineation and, in lieu of direct action by the applicant, perform the delineation.
         (a)   The Beverly Shores Building Commissioner may use remote sensing, hydrologists, soil scientists or other experts as needed to perform the delineation.
         (b)   The applicant may be charged for costs incurred in accordance with the provisions of § 155.225(B).
      (6)   Where the Beverly Shores Building Commissioner performs a wetland determination at the request of the applicant, the applicant may appeal the determination to the Beverly Shores Plan Commission which shall have the authority to review the evidence presented to the Beverly Shores Building Commissioner and to obtain additional information as it deems necessary to review the Beverly Shores Building Commissioner's determination. The decision of the Beverly Shores Plan Commission shall be considered a final determination.
      (7)   Where the applicant has provided a determination of the wetland boundary, the Beverly Shores Plan Commission shall verify the accuracy of, and may render adjustments to, the boundary delineation.
      (8)   In the event the adjusted boundary delineation is contested by the applicant, the Beverly Shores Plan Commission may attempt to set mutually agreeable boundaries; or, when an attempt is unsuccessful, shall, at the applicant's expense, obtain competent expert services to render a final delineation.
(Ord. 208, passed 12-19-1983)