The Building Inspector may request a report (including a report on the subsurface water conditions) from the Cuyahoga Soil and Water Conservation District, or from a professional land planner, civil engineer or landscape architect who is qualified in erosion and sedimentation control measures, stating their recommendations for adequate erosion and sediment control measures for the proposed grading, excavating or filling operation. When the Planning and Zoning Commission is to make a determination at a public hearing upon the application, notice of the hearing shall be mailed to the applicant and owner of the land, and to all abutting property owners, not less than ten days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing. If the Planning and Zoning Commission determines that the granting of the application will not adversely contribute to the erosion of soils, result in the clearcutting, timbering or commercial removal of trees, as defined in Chapter 521 of the General Offenses Code (unless a permit has been secured pursuant to Chapter 521), significantly increase the surface water run-off from such lands, contaminate ground water or otherwise adversely affect subsurface water conditions, or otherwise adversely affect the public interest, health, safety or general welfare, the Planning and Zoning Commission shall grant the application, with such conditions relating to the method of grading, excavating or filling of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of the removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after such operations, and such other conditions as the Commission may deem necessary for the protection of the public interest, health, safety and general welfare, which conditions shall be made a part of the permit and shall constitute limitations thereon.
(Ord. 1996-119. Passed 8-27-96.)