(a) Prior to filing a request for approval of a preliminary site plan, a preliminary plat or a new construction building permit, the landowner shall check to see if the latest versions of National Wetland Inventory maps, Ohio Wetlands Inventory map or the Cuyahoga County Wetlands Inventory Map indicates that a wetland is present on or within 120 feet of the site. A photocopy of that section of each map will be attached to the permit application. If a potential wetland is shown on any of the three maps or if there is reason to believe that an unmapped wetland exists on or within 120 feet of the site the landowner will retain a qualified professional to survey the proposed development site for wetlands. If no wetlands are found by the qualified professional, the landowner shall submit a letter with the preliminary plat or permit application verifying that a qualified environmental professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed.
(1) A qualified professional shall determine the presence of Category 2 or 3 wetlands on or within 120 feet of the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of these regulations. Acceptance of this determination shall be subject to review and approval by the Engineer. As a result of this review, the Engineer may require further information from the landowner and may consult with the Cuyahoga Soil and Water Conservation District, the Ohio EPA, or other technical experts as necessary.
(2) If Category 2 or 3 wetlands are located on or within 120 feet of the proposed development site, the landowner shall delineate these wetlands and the wetland setback on the development site. The landowners shall identify all delineated wetlands and their associated setbacks on all subdivision plans, land development plans, and/or permit applications submitted to the community. Wetlands shall be delineated by a site survey approved by the Community Engineer using delineation protocols accepted by the U.S. Army Corps of Engineers and Ohio EPA at the time of application of these regulations. Wetland setbacks shall be delineated through a metes and bounds survey, or higher level survey, subject to review and approval by the Community Engineer. The Community Engineer may require further information from the landowner and may consult with the Cuyahoga Soil and Water Conservation District, Ohio EPA, or other technical experts as necessary.
(3) Prior to any soil/vegetation disturbing activity, the landowner shall delineate wetland setbacks on the development site through the use of clearly viewed, above ground markers such as stakes, posts or other methods approved by the City Engineer, and such delineation shall be maintained throughout construction.
(4) No approvals or permits shall be issued by the community prior to delineation of wetland setbacks in conformance with these regulations.
(b) Upon completion of an approved subdivision or commercial land development, wetland setbacks shall be permanently recorded on the plat records for the City and shall be maintained as open space thereafter.
(Ord. 35-02. Passed 12-29-03.)