If the Planning Commission determines that land proposed to be subdivided is unsuitable for subdivision development due to poor drainage, flood hazard, topography, inadequate water supply, landslip potential, unstable subsurface conditions due to underground mining, hazardous waste contamination or other reasons and other such conditions which may endanger the health, life, safety, public welfare or property; and if by any public regulatory agencies concerned, it is determined that in the best interest of the public, the land should not be developed for the purpose proposed, the Planning Commission shall not approve the Subdivision unless appropriate and adequate methods for solving the problems are provided by the Developer.
(a) Soils. The Planning Commission shall require a Developer to submit a detailed soils study in specified areas of a proposed Subdivision, where, as determined by Summit Soil and Water or the County Engineer, existing soil conditions in a proposed Subdivision are severe and may require adjustments in design to compensate for existing conditions. This Study may be required as part of Preliminary Plan approval. The Study shall recommend corrective measures necessary to compensate for existing conditions in the proposed Subdivision and shall be reviewed and approved by Summit Soil and Water, the Department of Sanitary Sewer Services, the Division of Building Standards and other relevant County Departments.
The following note may be required on the Final Plat to acknowledge development issues or restrictions: "Note: Prior to the construction of the footing/foundation for the building to be constructed on each of the lots, the builder of such building shall confer with the Division of Building Standards for the purpose of determining if special foundation and/or basement construction techniques and/ or materials are to be employed on such lot."
(b) Flood Hazard. The FEMA Flood Insurance Rate Maps should be used to determine if land is in a flood area. The Developer shall show the 100-year flood boundary be shown on the topographic map for the Subdivision. If any portion of the land within the Subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the Subdivision and the flood plain must be shown on the Preliminary Plans, Improvement Plans and Final Plat. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life, or property, or aggravate the flood hazard as delineated on the FEMA Flood Insurance Rate Maps, or detailed engineering study. Furthermore, building areas are not encouraged in the Floodway Fringe.
(c) Wetlands. All wetlands will be delineated by a qualified professional per Section 1104.04(c)(2)K. and the wetlands boundary and their associated setbacks identified on the Preliminary Plan. The full wetlands delineation study shall be completed and approved as part of the Improvement Plan Stage. The delineated wetlands and their associated setbacks and the Category 2 and/or Category 3 determination shall be identified on the Improvement Plans and the Final Plat. If the wetlands will be impacted in a manner exceeding the limits of current law, the Developer is responsible to contact the USACE and the OEPA, the two agencies having jurisdiction over wetlands. The Developer is responsible for securing wetland Development permits from the USACE and OEPA. Summit Soil and Water has resources available to identify potential wetlands.
(1) Land to be subdivided or developed should be designed and improved in a way that impacts to wetlands are minimized. Grading or removal of vegetative cover is not permitted within thirty (30) feet of a Category 2 wetland, and fifty (50) feet of a Category 3 wetland, unless a Section 404 permit to fill has been obtained from the USACE and all permit approvals have been obtained from the OEPA. The required buffer setbacks should be placed in a no-build reserve on the Preliminary Plan, Final Plat, and Minor Subdivision drawings. A Conservation Easement should be developed and deeded over to a government agency, a qualifying conservation or historic preservation organization, or homeowner's association. Copies of all USACE and OEPA Wetland Permit Information and Mitigation Plans shall be forwarded to the Planning Commission, Staff, Summit Soil and Water, the County Engineer and appropriate Township.
(2) There are no wetland buffer setbacks required for Category 1 wetlands. This category of wetlands is defined by the OEPA as wetlands that have minimal habitat and minimal hydrologic and recreation functions. Category 2 wetlands are defined by the OEPA as wetlands that have moderate habitat or moderate hydrology and recreation functions. Category 3 wetlands are defined by the OEPA as wetlands that have superior habitat or superior hydrologic or recreation functions.
(3) If other local wetland ordinances or resolutions are adopted that would supersede state or federal regulations, then the most stringent of the wetland protection and buffering Regulations will apply.
(d) Riparian Setbacks. Development shall be subject to the requirements of Chapter 937 of these Ordinances establishing Riparian Setbacks within the County of Summit. (See, Appendix J, County of Summit Riparian Ordinance)
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)