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Neither submission of a plan under the provisions herein, nor compliance with the provisions of this chapter, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
(Ord. 9472-2008. Passed 5-20-08.)
(a) Where this chapter imposes a greater restriction upon land than is imposed or required by other community provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.
(b) If a court of competent jurisdiction declares any clause, section, or provision of this chapter invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on his or her property. Compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(d) Failure of the City of Brook Park to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the City of Brook Park, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(Ord. 9472-2008. Passed 5-20-08.)
This chapter shall apply to:
(a) All lands that are within the jurisdiction of the City of Brook Park and that border designated watercourses and wetlands as defined in this chapter.
(b) This chapter shall apply to property subdivision/property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the City of Brook Park.
(c) This chapter shall apply to all building permits, which involve soil disturbing activities.
(Ord. 9472-2008. Passed 5-20-08.)
In implementing this chapter the City of Brook Park Engineer or other Community officials may consult with the local county soil and water conservation district (SWCD), state and federal agencies and other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant or his or her designated representative.
(Ord. 9472-2008. Passed 5-20-08.)
(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than one-half square mile, or
(2) All watercourses draining an area less than one-half square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the City of Brook Park may consult with a representative of the local county SWCD or other technical experts as necessary.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of three hundred feet on both sides of all watercourses draining an area greater than three hundred square miles.
(2) A minimum of one hundred twenty feet on both sides of all watercourses draining an area greater than twenty square miles and up to and including three hundred square miles.
(3) A minimum of seventy-five feet on both sides of all watercourses draining an area greater than one half square mile and up to and including twenty square miles.
(4) A minimum of twenty-five feet on both sides of all watercourses draining an area less than one half square mile and having a defined bed and bank as determined above.
(c) Riparian setback map:
(1) The City of Brook Park shall use the latest edition of the official soil survey that shows drainage features, on the paper maps in the back of the book, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
(2) At the time of application of this regulation, if any discrepancy is found between the riparian setback map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
(3) In reviewing and interpreting the maps the City of Brook Park may consult with a representative of the local county SWCD and other technical experts as necessary.
(d) The following conditions shall apply in riparian and wetland setbacks:
(1) Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
(2) Except as otherwise provided in this chapter, riparian and wetland setbacks shall be preserved in their natural state, except that non-conforming structures and nonconforming uses existing at the time of passage of this chapter may be continued in their existing state as determined in the nonconforming structures or uses in riparian and wetland setbacks section of this chapter. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(3) Where the one-hundred-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the one-hundred-year floodplain. The one-hundred-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City of Brook Park Engineer.
(4) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in this chapter.
(5) Wetlands shall be delineated by a site survey approved by the City of Brook Park using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this chapter. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
(e) The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by this chapter, and identifying these setbacks on all property subdivision/property/parcel splits, commercial development or other land development plans, and/or building permit applications submitted to the City of Brook Park. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the City of Brook Park. As a result of this review, the City of Brook Park may consult with a representative of the local county SWCD or other technical experts as necessary.
(f) Prior to any land clearing or soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or his or her designated representative, and such delineation shall be maintained throughout soil disturbing activities.
(g) No approvals or subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the City of Brook Park prior to on-site delineation of riparian and wetland setbacks in conformance with this chapter. No building permits which include land clearing or soil disturbing activities shall be issued by the City of Brook Park prior to delineation of riparian and wetland setbacks in conformance with this chapter.
(h) Upon completion of an approved property subdivision/property/parcel land development or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City of Brook Park.
(Ord. 9472-2008. Passed 5-20-08.)
Wetland setbacks are established as follows:
(a) A minimum of one hundred twenty feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(b) A minimum of seventy-five feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(Ord. 9472-2008. Passed 5-20-08.)
(a) No change to parcel boundaries or use change.
(1) Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.
(2) If a potential wetland is shown on any of the maps or if there is reason for the City of Brook Park to believe that an unmapped wetland exists on or within one-hundred twenty feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.
(b) New residential or commercial or other type development and projects involving a change to parcel boundaries or a land use change:
(1) Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:
(2) A qualified wetland professional, acceptable to the City of Brook Park Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the City of Brook Park Engineer.
(3) If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property subdivision/property/parcel split plans, land development plans, and/or permit applications submitted to the City of Brook Park.
A. Wetlands shall be delineated by a site survey, approved by the City of Brook Park, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this chapter. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
B. Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the City of Brook Park.
(4) Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.
(5) No approvals or permits shall be issued by the City of Brook Park prior to delineation of wetland setbacks in conformance with this regulation.
(c) Upon completion of an approved property subdivision/ property/parcel split, commercial development or other land development or improvement, riparian and wetland setbacks shall be maintained as an open space thereafter through a permanent conservation easement. A third party, not the landowner or permittee of the City of Brook Park, which is allowed by state law, shall be given the conservation easement. If no third party will accept the conservation easement, the City of Brook Park shall accept it and protect it perpetuity.
(Ord. 9472-2008. Passed 5-20-08.)
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