(a) When a landowner or applicant disputes the boundary of a riparian setback or the ordinary high water mark of a watercourse, the landowner or applicant shall submit evidence to the City Engineer that describes the boundary, the landowner or applicants proposed boundary, and justification for the proposed boundary change.
(b) The City Engineer shall evaluate materials submitted and shall make a written determination within a reasonable period of time not to exceed sixty days, a copy of which shall be submitted to the landowner or applicant. If during this evaluation the city requires further information, he or she may require this be provided by the landowner or applicant. In the event that the community requests such additional information, the sixty day limit on the community's review shall be postponed until such information is provided by the landowner or applicant.
(c) Any party aggrieved by any determination or other decision under these regulations may appeal to the Board of Zoning Appeals under the provisions of Section 1127.04 of the Codified Ordinances. The party contesting the location of the riparian setback or the ordinary high water mark of a watercourse shall have the burden of proof in case of any such appeal.
(Ord. 128-02. Passed 12-29-03.)