1354.10 PROCEDURE FOR WETLAND SETBACKS.

   (a)   Upon filing a request for approval of a preliminary plat or building permit, the applicant or their designated representative shall retain a qualified professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or their designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified professional has surveyed the site and found no wetlands. If wetlands are found, the following procedure shall be followed:

      (1)   A qualified professional, acceptable to the City Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located 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 Engineer.

      (2)   If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or their designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or their designated representative shall identify all delineated wetlands and their associated setbacks on all subdivision plans, land development plans, and/or permit applications submitted to the City.

         A.   Wetlands shall be delineated by a site survey, approved by the City, using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. 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 survey subject to approval by the City.

      (3)   Prior to any soil-disturbing activity, the applicant or their designated representative shall delineate wetland setbacks on the development site, and such delineation shall be maintained throughout construction.

      (4)   No approvals or permits shall be issued by the City prior to delineation of wetland setbacks in conformance with this regulation.

   (b)   Upon completion of an approved subdivision, land development or other improvement, wetland setbacks shall be permanently recorded on the plat records fr the City.

(Ord. 2003-52. Passed 12-9-03.)