(a) Every person, public or private, who proposes to:
(1) Improve land by the construction or erection of a building or by a structure of any kind, or by the construction, installation and maintenance of a sanitary and/or storm sewer, or by any other type of improvement to land; or
(2) Change the contours of land by grading, excavating or filling; or
(3) Remove or destroy the natural topsoil, (hereinafter these described purposes shall be referred to as "improvements");
shall submit to the Building Commissioner preliminary plans including maps generally describing the proposed improvements. Upon a finding by the City Engineer that erosion and sediment control measures are not necessary, the Commissioner shall issue the necessary permits. The issuance of such permits shall not be construed as obviating compliance with Section 1317.03.
(b) If the City Engineer finds that the proposed improvements may result in erosion and/or siltation of adjoining or nearby property, he shall within fourteen days of receipt of such plan and maps, inform the applicant of his findings, and then such applicant shall submit to the Commissioner for approval by the City Engineer a plan for erosion and sedimentation controls together with a report of the Cuyahoga Soil and Water Conservation District (hereinafter referred to as the Conservation District), provided such report is issued within thirty days. Any such improvements proposed by a person relative to sewers, streets, bridges, roadways, highways and/or associated areas shall also be submitted for determination as to whether erosion and sedimentation control measures are necessary. If erosion and sedimentation control measures are deemed necessary, the applicant shall comply with the steps set forth in this section.
(c) Any play for erosion and sedimentation control required under this section shall be set forth in accordance with guidelines and policies as established by the Ohio Soil and Water Conservation Commission, and shall include but not be restricted to the following matters:
(1) The areas of such described premises that may be exposed at any one time;
(2) The type of temporary vegetation and/or mulching that should be used to protect exposed areas of such described premises during the:
A. Construction of any type of improvements thereon; or
B. Changes being made in the contours thereof; or
C. In removal or destruction of topsoil;
(3) The locations, constructions and maintenance of sediment basins or other control measures that should be constructed and maintained on such described premises;
(4) The type of permanent and final vegetation and structures that should be planted and installed on the premises and the time within which such vegetation and structures are to be planted and installed; and
(5) Description of the type of soil comprising the premises and the physical properties of each type.
(d) The plans submitted to the City Engineer pursuant to subsection (b) hereof, shall incorporate the appropriate recommendations of the Conservation District. However, if any of the recommendations of the Conservation District are not incorporated into the submitted plans, the applicant shall set forth the reason for not incorporating any of the recommendations of the Conservation District.
(e) The City Engineer shall review these plans as submitted and after the approval shall take necessary steps to insure compliance by the developer with the plans as approved. The installation and maintenance of the specific erosion and sediment control measures shall be accomplished in accordance with the procedures set forth in the Standards and Specifications on file with the Ohio Soil and Water Conservation Commission and shall be part of the plan approval process by the Planning and Design Commission and the Council.
(Ord. 80-43. Passed 6-30-80.)