(a) When an applicant or his or her designated representative disputes the boundary of a Riparian or Wetland Setback or the ordinary high water mark of a watercourse, the applicant of his or her designated representative shall submit documentation to the City of Middleburg Heights which describes the boundary, the applicant's proposed boundary, and justification for the proposed boundary change.
(b) The City of Middleburg Heights shall evaluate this documentation and shall make a written determination within a reasonable period of time, not to exceed sixty (60) days, a copy of which shall be submitted to the applicant. If during this evaluation the City of Middleburg Heights requires further information, it may be required of the applicant. In the event that the City of Middleburg Heights requests such additional information, the sixty (60) day limit on the City of Middleburg Heights's review shall be postponed until the applicant provides such information.
(c) Any party aggrieved by any Wetland or Riparian Setback determination under this regulation may appeal to the Board of Zoning Appeals.
(d) During the interpretation and appeals procedure, the City of Middleburg Heights reserves the right to consult with any outside expert, as the City deems necessary.
(Ord. 2008-19. Passed 2-26-08.)