(a) When an applicant disputes the boundary of the riparian setback or wetland setback or the ordinary high water mark of a stream, the applicant shall submit evidence of a nature described throughout this chapter to the City that describes the boundary, presents the applicant's proposed boundary and presents all justification for the proposed boundary change.
(b) The City Engineer or his or her designated authority shall evaluate all materials submitted and shall make a written recommendation to the Planning Commission within a reasonable period of time, not to exceed 60 days. A copy of this recommendation shall be submitted to the applicant. If, during this evaluation, the City Engineer requires further information to complete this evaluation, the applicant may be required to provide additional information. In the event that the City requests such additional information, the 60-day limit on the City's review shall be postponed until the applicant provides such information.
(c) The Planning Commission shall decide such boundary disputes. The party contesting the location of the setback or the ordinary high water mark of the streams as determined by these regulations shall have the burden of proof in case of any such appeal.
(d) Any party aggrieved by any wetland or riparian setback determination under this regulation may appeal to the Board of Zoning Appeals.
(Ord. 05-172. Passed 12-5-05.)