1361.11 PROCEDURE FOR WETLAND SETBACKS.

   (a)   No change to parcel boundaries or land use change:

      (1)   Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.

      (2)   If a potential wetland is shown on any of the maps or if there is reason for the Community to believe that an unmapped wetland exists on or within 120 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.

   (b)   New residential or commercial or other type of development and projects involving a change to parcel boundaries or a land use change:

      (1)   Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed.

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

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

         A.   Wetlands shall be delineated by a site survey, approved by the Community, 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, or higher level, survey subject to approval by the Community.

      (4)   Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.

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

   (c)   Upon completion of an approved property subdivision/property/parcel split, commercial development or other and development or improvement, riparian and wetland setbacks shall be permanently recorded on the plat records for the Community and shall be maintained as open space thereafter through a permanent conservation easement. A third party, not the landowner or permittee or the Community, which is allowed by state law shall be given the conservation easement. If no third party will accept the conservation easement, the Community shall accept it and protect it in perpetuity.
(Ord. 2008-13. Passed 4-15-08.)