(a) When an applicant disputes the boundary of the Riparian Setback or the ordinary high water mark of a stream the applicant shall submit evidence to the Summit SWCD that describes the boundary, presents the applicant's proposed boundary and presents all justification for the proposed boundary change.
(b) The Summit SWCD shall evaluate all materials submitted and shall make a written recommendation to the Board of Zoning Appeals within a reasonable period of time not to exceed sixty (60) days. A copy of this recommendation shall be submitted to the applicant. If during this evaluation the Summit SWCD requires further information to complete this evaluation, the applicant may be required to provide additional information.
(c) The Board of Zoning Appeals shall decide such boundary disputes. The party contesting the location of the Riparian Setback or the ordinary high water mark of the streams as determined by these regulations shall have the burden of proof in case of any such appeal.
(Ord. 10-2006. Passed 5-10-06.)
(d) At the time of filing the application for a hearing to resolve a dispute under this chapter, such application, plans and specifications shall be accompanied by the application fee established by Section 1101.05, and the Professional Fees, Costs and Review deposit established by Section 1101.06. (Ord. 2013-2-4. Passed 4-10-13.)