1383.05 APPLICABILITY.

   (a)   No owner, developer, builder or occupant shall make changes of any land proposed to be subdivided, developed or changed in use by grading, excavating, or by their removal or destruction of any natural vegetation or the removal of any topsoil, trees or other vegetation covering thereon within the Protected Hillside Zone areas as defined in Section 1383.04 without first having obtained a building permit from the Building Department authorizing such activity in the Protected Hillside Zone areas.

   (b)   This section shall not be interpreted to prohibit, or require an application for normal landscaping, gardening, maintenance, or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs or the removal of diseased, dead, or damaged trees or trees which are a threat to the health and safety of the owner of the property. However, such activity shall be carried out in the conformance with the standards of vegetation or revegetation of this section.

   (c)   All areas that exhibit evidence of the presence of Brecksville (BrF), Dekalb (DkF), Ellsworrth (EIB, EIC, EIF, EsC), Geeburg (GeF), or Oshtemo (OsF) soils, based on the most recent USDA Web Soil Survey or by soil surveys performed by the applicant done by a certified soils scientist.

   (d)   The area of proposed disturbance shall include any areas that will be subjected to paving, installation of sidewalks, construction of structures or other man-made improvements. (Ord. 2022-158. Passed 2-14-23.)