(a) Applicability.
(1) The provisions in this section apply to the development permit applications listed below where proposed development abuts land zoned or currently utilized as Agricultural.
A. Land division;
B. Planned unit development;
C. Conditional use permit;
D. Site plan and architectural review.
(2) A preapplication conference is required for all applications subject to the provisions of this section.
(3) Different degrees of mitigation are required of the applicant based on the following factors: the sensitivity of the adjoining urban use to agricultural impacts and the impact being buffered; the intensity of uses on the adjacent Agriculture land.
(b) Application. Agricultural Impact Assessment Report. As part of any application for development or use of land which is adjacent to agriculture (refer to subsection (d) of this section) and where the agricultural mitigation standards in Section 1184.03 apply, an applicant shall supply the planning department with a report entitled "Agricultural Impact Assessment Report" (AIAR). The purpose of the AIAR is to provide the approving authority with sufficient evidence to determine agricultural intensity and to evaluate the applicant's proposed method of complying with the provisions of this section. The AIAR shall include the following components:
(1) Map showing the zoning of land adjacent and within 200 feet of the property proposed for urban development.
(2) A description of the type and nature of agricultural uses and farming practices, if any, which presently occur on adjacent lands zoned Agriculture and sources of such information. The information thus required, if applicable, shall include:
A. Method of irrigation (if proposed).
B. Types of agricultural production and practices for the five preceding years.
C. Type of agricultural equipment customarily used on the property.
(3) Detailed information obtained from the Natural Resources Conservation Service (NRCS) concerning soils which occur on adjacent lands zoned Agriculture, and whether the land has access to water for irrigation.
(4) Wind pattern information.
(5) A description of the measures proposed to comply with the requirements of subsection (d) of this section and Section 1184.03.
(6) The persons who prepared said report and all persons, agencies, and organizations contacted during preparation of the report.
(7) All statements shall be documented, sources given as reference, and any other detailed information needed to substantiate conclusions should be provided in the appendices.
(8) If the applicant is requesting a deviation from the standards of this section, the agricultural impact assessment report shall not be deemed to be complete unless accompanied by the conflict assessment and mitigation study described in Section 1184.04(a)(4).
(9) A list of acceptable plant type
(10) A plan and narrative, including best practices and other industry standards, to incorporate existing natural vegetation and trees to the required buffer area.
(c) Review Process.
(1) Using the definitions of these classifications herein and the evidence of the AIAR, the approving authority shall determine:
A. Whether the applicant's proposed mitigation plan meets the standards of this section.
(2) The approving authority shall approve, approve with conditions, or deny the AIAR and its proposals and conclusions.
(d) Mitigation Requirements.
(1) All mitigation elements will be sited on urban land unless arrangements have been made with the adjacent agricultural land owner to site some or all elements on agricultural land.
(2) Mitigation for Agriculture. To minimize or mitigate the potential adverse impacts associated with the proximity of urban and agricultural land uses, the following measures shall be undertaken by the applicant when urban development is proposed adjacent to land which is in agricultural use:
A. Setbacks as illustrated in Section 1184.03(a), Figure 1, either alone or in conjunction with a tree buffer;
E. Deed Declaration. All urban land proposed for development which lies within 1,000 feet of an Agriculture zoning district boundary shall be subject to a deed declaration that requires the owners and all successors in interest to recognize and accept common, customary and accepted farming practices which may produce noise, dust, odors, and other impacts. The deed declaration shall be in a form approved by the city. After the deed declaration is signed it shall be recorded in the official records of Licking County, and copies shall be mailed to the owners of adjacent agricultural lands zoned Agriculture.
F. Maintenance Program. Land adjacent to an Agriculture zoning district boundary shall be subject to a restrictive covenant that provides that the perpetual maintenance of mitigation-related fencing, the perpetual horticultural care and maintenance of trees, shrubs, and hedges that are used for mitigation, and the maintenance of other mitigation elements shall be solely the responsibility of the owners, Homeowners Association (HOA) and/or all successors in interest of property subject to the covenant. The covenant shall be in a form approved by the city. After the covenant is signed it will be recorded in the official records of Licking County.
G. Runoff. Measures appropriate to the circumstances present shall be undertaken by the applicant to mitigate adverse impacts which occur from periodic naturally occurring runoff and inadvertent agricultural irrigation runoff.
H. Ownership. All buffer mitigation areas shall be contained with the boundary of a single parcel owned and maintained by the Homeowners Association.
(Ord. 20-2018. Passed 6-19-18.)