(a) Purpose. The purpose of the Resource Protection Overlay District is to protect stream valley habitat and stream water quality. In particular, the purposes of this district are to:
(1) Preserve floodplain areas in a natural or improved state;
(2) Preserve wetlands associated with floodplain areas;
(3) Preserve significant special habitat areas associated with stream valleys;
(4) Prevent soil erosion and sedimentation by protecting steep slopes adjoining stream valleys;
(5) Protect persons and property from environmental hazards such as unstable or highly erodible soils and flooding;
(6) Filter nutrients, toxics and sediment from stormwater;
(7) Protect scenic values of natural resources;
(8) Provide recreational opportunities and pedestrian access to waterway resources; and
(9) Minimize public investment and maintenance in floodplain stormwater management.
(b) Scope. These regulations shall apply to all proposed developments within (partially or entirely) the boundary of the overlay district, including projects for which subdivision, site plan, and building permits or approvals are necessary.
(c) Application. The Resource Protection Overlay District shall apply to all perennial, intermittent and ephemeral streams within Plain City.
(d) District Boundaries. The Resource Protection Overlay District shall encompass stream valleys, steep slopes, associated wetlands and floodplains, if present; and a buffer, as called for in 1185.05(e) and 1185.05(f) herein. Except as provided for in this chapter, the land within this district is to remain in an undisturbed natural statege, and the outer edge of this district shall constitute the limits of clearing and grading.
(e) Design Standard Stream Buffer Widths.
(1) The following design standard buffers shall be as follows:
A. Three hundred feet on each side of all perennial streams as measured from the stream centerline at the time of design.
B. One hundred feet on each side of all intermittent and ephemeral streams as measured from the stream centerline.
C. Fifty feet on each side of all agricultural drainage and road ditches, as measured from the ditch centerline.
(2) The buffer shall extend outward from both sides of the stream channel centerline. The buffer shall be measured horizontally from the stream channel centerline without regard for the lay of the land.
(f) Buffer Adjustments for Adjacent Nontidal Wetlands, One-hundred-year Floodplains and Steep Slopes.
(1) The buffer shall be expanded beyond the design buffer to account for nontidal wetlands regardless of the wetland classification when adjacent to the stream as follows:
A. Within the development district, to include all lands 25 feet from the outer edge of nontidal wetlands adjacent to the stream channel.
B. Outside the development district, to include all lands measured from the edge of nontidal wetlands adjacent to the stream channel measuring 50 feet for intermittent or ephemeral streams or 100 feet for perennial streams.
(2) Where the one-hundred-year floodplain extends beyond the design buffer adjusted for nontidal wetlands, if applicable, the extent of the one-hundred-year floodplain shall become the extent of the design buffer.
(3) The design buffer shall be further increased to account for steep slopes that are contiguous with or within 25 feet of the design buffer.
A. The design buffer width shall be increased by 50 feet for intermittent or 100 feet for perennial streams or shall extend to the top of the slope, whichever is less, where average slopes greater than 15% adjoin the design buffer or are within 25 feet of the design buffer limits.
B. Percentage of average slopes shall be determined by plotting a transect from the outer edge of the design buffer to the top of the adjoining slope, defined as the point at the top of slope where the slope falls below 15%, and calculating an average slope from the slope percentages crossed by the transect. The number of transects will vary depending on the uniformity of slopes adjoining a particular reach of a stream. Transects may be spaced up to 100 feet apart, regardless of slope uniformity. However, transect spacing exceeding 100 feet shall be based on slope uniformity.
(g) Use Restrictions. The following uses shall be prohibited in the Resource Protection Overlay District:
(1) Mining or excavation, except for existing operations.
(2) Dredging, except as may be permitted under state law.
(3) Deposit or landfilling of fill, refuse and solid or liquid waste: Exceptions:
i) manure applied as a crop fertilizer,
ii) acceptable fill permitted by the United States Army Corps of Engineers for streambank erosion control.
iii) Filling and grading permitted in accordance with approved site development.
(4) Alteration of the stream bed and bank of a waterway, except for best management practices to reduce stream erosion and construction and maintenance of stream crossings for permitted uses.
(5) Clearing of vegetation and grading, except as may be permitted under this chapter or in accordance with approved and monitored site development.
(6) All work along the Resource Protection Overlay District shall be monitored and inspected for compliance with the approved development standards, Ohio EPA Notice of Intent and the Storm Water Pollution Prevention Plan for the site development.
(h) Permitted Uses. The following land uses shall be permitted within the Resource Protection Overlay District, provided that the conditions herein are met:
(1) Agriculture. Agricultural uses shall be permitted provided they provide for a minimum of fifty foot vegetative filter strips and the vegetative filter strips are adequately maintained adjoining watercourses.
(2) Public utility improvements including stormwater management facilities and storm drainage improvements.
(3) Recreational trails intended for pedestrians or nonmotorized vehicles constructed of a pervious surface.
(4) Planned Residential Districts
(A) Planned Residential Districts may be considered and may be approved at the discretion of the Planning and Zoning Commission provided:
a. The proposed development does not conflict with the Comprehensive Plan
b. No reasonable alternatives are available that would not otherwise infringe upon the design buffer.
i. Any divergences from the development standards must be identified including a basis substantiating the request for divergence
ii. Development Plan must make the best use of the property and designed to minimize infringement within the preferred design buffer areas and mitigate identified effects on water quality;
iii. The Development Plan must identify how the development plan follows of manages items listed under Section 1185.05 (a) Purpose, Items 1 through 9
iv. Native vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted
v. Stormwater Management Plan as outlined under Section (m)
vi. Site Impact Assessment under as outlined under Section (n)
vii. Documentation of any proposed agreements or covenants.
viii. Site Development shall use Conservation Development Principals under 1178.07 unless otherwise approved as a part the the Development Plan
ix. Proposed Development Plans shall indicate the boundaries of the existing Overlay District and the Requested Design Buffer Adjustment
x. Site Developments are subject to an additional Environmental Conservation Fee per dwelling unit as calculated under 1183.11 Park Fee in addition to the per unit Park Fee.
1. Dedication of Open Green Space as Conservation Areas may be proposed for consideration (in part or in whole) to offset the Conservation Fees
d. Proposed Developments that infringe on the preferred design buffer for the Overlay Protection District must be presented for additional public comment
i. The public comment period shall remain open for 30 days
ii. The public comment period may coincide with public notification for the proposed development or;
iii. follow the public meeting for the proposed development.
iv. Applicant shall provide printed copies of full development plans including site and environmental details for presentation at the Village Zoning Office and electronic copies for publication on the Village Web Site
e. Following the prescribed public comment period, the Planning and Zoning Commission may:
i. request modifications to the proposed development plan
1. Modifications to the Proposed Development Plan shall be presented for public review at the next regular meeting following the applicant's re-submission of the Modified Proposed Development Plan.
ii. render a decision on the proposed improvement,
1. The Commission may render a decision on the Proposed Development Plan
(i) Conditional Uses. The following land uses shall be permitted within the Resource Protection Overlay District upon approval of the Board of Zoning Appeals:
(1) Recreational nonmotorized vehicle trails constructed of an impervious surface.
(2) Public environmental education facilities.
(3) Facilities for recreational access to a stream and associated clearing provided the project is designed to minimize disturbance, clearing, and grading, and a sedimentation and erosion control plan has been approved by the Village consistent with the requirements of Chapter 1191.
(j) Open Space Credit. Land within the Resource Protection Overlay District may be used to meet open space requirements of the subdivision regulations (Section 1125.14) and/or planned districts provided the area remains open green space as a part of the final development plan.
(k) Plans and Plats Information.
(1) All plans submitted to Plain City for review shall indicate the boundary of the Resource Protection Overlay District and buffer width, as applicable.
(2) All plats prepared for recording shall clearly show:
A. The extent of the Resource Protection Overlay District.
B. A label stating, "Resource Protection Overlay District" for the area within the Resource Protection Overlay District.
C. A note stating: "There shall be no clearing, grading, construction or disturbance of vegetation in the Resource Protection Overlay District except as may be permitted by the Plain City Planning and Zoning Commission."
(l) Construction Staking. The outer edge of the Resource Protection Overlay District buffer shall be field staked and clearly delineated as the limit of clearing and grading prior to the commencement of clearing and grading activities within 50 feet of the Resource Protection Overlay District, permitted clearing and grading in the Resource Protection Overlay District excepted. The limits of permitted clearing and grading within the Resource Protection Overlay District shall likewise be field staked and clearly delineated.
(m) Stormwater Management Plan Required:
(1) A Stormwater Management Plan shall accompany an application for:
a. A Final Plat of land for which no Stormwater Management Plan has been prepared
(2) A Stormwater Management Plan shall be prepared to address the impact a development will have on existing drainage stormwater management facilities and to provide a basis for designing the stormwater management system within the development.
a. Preliminary Storm Water Management Plan shall i. be submitted with the Development Plan
b. Final Storm Water Management Plan shall
i. be submitted prior to or in conjunction with submission of application for Final Plat
1. The Preliminary Storm Water Management Plan shall be updated to include:
a. Approved revisions made as part of the Preliminary Storm Water Management Plan
b. Evidence of communication and concurrence with proposed Best Management Practices from the Ohio EPA or other Authority acceptable to the Village.
c. Evidence of approval of all necessary permits for the construction of stormwater management facilities including any proposed modifications to channels to demonstrate compliance with all applicable laws and regulations.
(3) Stormwater Management must comply with Section 1191 of the Village Code and provide implementation of current Best Management Pracitices for improved stormwater management in accordance with the Ohio EPA and other guidelines acceptable to the Village.
(4) Development Plan shall include and provide for perpetual maintenance for incorporated Best Management Practices
a. Maintenance plan for all stormwater management facilities shall identify the owner and the responsible party for carrying out the maintenance plan.
b. Stormwater management maintenance shall be mandated through acceptable provisions approved as part of the development text.
c. The location and boundaries (based upon the mean high-water level) of all natural channels.
(5) The location of any Federal Emergency Management Agency (FEMA) designated 100- year floodplain and any proposed adjustments thereto, and demonstration of compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59.
a. Applicant is responsible for preparation, submission and acceptance of any proposed map revisions to the FEMA Flood Hazard Map(s)
(n) Site Impact Assessment Required:
PURPOSE AND INTENT. The purpose of the Site impact assessment is to:
(i) identify the anticipated impacts of the proposed development on water quality and land within the Resource Protection Overlay District (RPODs) and other associated environmentally-sensitive lands;
(ii) (ii) ensure that, where development is proposed within RPOD's, it will be located on those portions of a site and in a manner, that is least disruptive to the natural functions of RPOD's associated sensitive land;
(iii) (iii) to protect individuals from investing funds for improvements proposed for location on lands unsuited for such proposed development because of high ground water, erosion, or vulnerability to flood or storm damage; and
(iv) (iv) specify mitigation to address water quality protection for the Overlay Areas.
SITE IMPACT ASSESSMENT
A Site Impact Assessment shall be required for any development within or partially within the RPOD or any development that and requires any modification or reduction of the design buffer area outlined under (e) (1) above; or is deemed necessary by the Planning and Zoning Commission.
The information required in this Section shall be considered a minimum, unless the Commission determines that some of the elements are unnecessary due to the scope and nature of the proposed development or use of land. The following elements shall be included in the preparation and submission of a Site Impact Assessment:
(1) Location of the components of the RPOD(s), including the design buffer areas;
(2) Location and nature of the proposed encroachment(s) into the design buffer area(s), including: type of paving material(s); areas of clearing or grading; location of any structures, drives for other impervious cover; and sewage and rain water collection, treatment and conveyance systems
(3) Type and location of proposed best management practices to mitigate the proposed site development and design buffer encroachment.
(4) Location of existing vegetation and re-vegetated areas as shown on the site plan drawings
(5) A combined hydraulic and geological assessment element that:
a. Describes in plan or text the existing topography, soils, hydrology and geology of the site.
b. Describes in plan or text the anticipated impacts of the proposed development on topography, soils, hydrology and geology on the site including any impact to adjacent lands.
c. Indicates the following:
i. Conformance with Ohio EPA permit requirements;
ii. Disturbance or destruction of wetlands and justification for such proposed action;
iii. Changes in the supply of water to wetlands, streams, lakes, rivers or other water bodies;
iv. Changes to existing hydrology including wetland and stream circulation patterns;
v. Description of proposed fill material to be utilized for the site;
vi. Location of and anticipated impacts on shellfish beds, aquatic vegetation, and fish spawning areas;
vii. Proposed point source discharges to watercourses to be incorporated as part of the project;
viii. Percent of site to be cleared for the project;
ix. Anticipation, duration and phasing schedule of the proposed construction project;
x. Listing of all required permits from the applicable regulatory agencies necessary in order to develop the project.
1. State if the work required or proposed as part of the project will require a 401 or 404 permit
xi. Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures may include:
1. Proposed erosion and sediment control measures;
a. measures may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel to be implemented for site inspection;
2. Proposed stormwater management system;
a. Calculations of storm water management and the related regulated discharge to receiving waters;
3. Creation of wetlands to replace those lost or disturbed;
4. Minimizing proposed cut and fill operations.
xii. A landscape assessment element that:
1. Identifies the location of all significant plant material, including all trees on site six (6) inches or greater diameter at breast height. Stands of trees may be outlined as groups with significant trees identified within the groups.
2. Describes the impact(s) the development or use will have on the existing vegetation. Information should include:
a. General limits of clearing, based on all anticipated improvements, including buildings, drives and utilities;
b. Identification of all trees which will be removed;
c. Description of existing plant species to be disturbed or removed.
3. Describes the potential measures for mitigation following or in conjunction with the site development. Possible mitigation measures include:
a. Replanting schedule for trees and other significant vegetation removed for construction, including a list of proposed plants and trees to be used with the development;
b. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation.
xiii. A wastewater assessment element, (where applicable), that:
1. Provides justification for sewer main line locations in environmentally sensitive areas, where applicable, and describes applicable construction techniques and standards;
2. Discusses any proposed on-site collection and treatment systems, their design treatment levels, identification of receiving waters and impacts on the receiving watercourse(s).
3. Describes the potential impacts of the proposed wastewater systems, including the proposed mitigative measures provided for these impacts.
a. Identification of the existing characteristics and conditions of the lands included as components of RPOD, as defined in this Section.
b. Identification of the natural processes and ecological relationships inherent in the site, and identification of the anticipated impact of the proposed use and development of land on these processes and relationships.
(6) Documentation of related communication with regulatory agencies.
All information required in this Section shall be certified as complete and accurate by a professional engineer and/or landscape architect as applicable licensed to practice in the State of Ohio. (Ord. 22-18. Passed 10-22-18.)