Applications for Protected Area Permits shall be submitted to the Zoning Administrator along with three (3) additional copies of the application and accompanying documents to the City Engineer. The Zoning Administrator shall review the application to ensure compliance with the requirements of this Chapter.
For good cause stated in writing, the City Engineer may recommend waiver of all or part of the requirements contained herein. The City Planning and Zoning Commission is authorized to waive the applicant's compliance with any provision(s) of this Chapter if the Planning and Zoning Commission determines that compliance is unnecessary to the preservation of the integrity of the Protected Area and/or the preservation of the objectives stated herein at Section 1167.01, Purpose. In connection with such review, the Zoning Administrator, the City Engineer, and/or the City Planning and Zoning Commission is authorized to consult and obtain opinions from such other professionals as hydrological and geotechnical engineers, botanists, biologists, and landscape architects as they may deem necessary.
No Protected Area permit shall be issued until the application, together with the report of the Zoning Administrator and the City Engineer, has been reviewed and approved by the Planning and Zoning Commission. Upon the filing of a request for a permit with the City Zoning Administrator to grade, excavate, clear, remove vegetation or topsoil, build, or subdivide in a Protected Area, the applicant shall provide the following:
(a) Preconstruction Regulations.
(1) Preconstruction Record.
A. Video Record. A video recording shall be filed with the City Zoning Administrator prior to any building, grading, or clearing activity on the Protected Area; the video recording shall show pre-development conditions of the Protected Area sufficient to insure compliance with these regulations.
B. Maps. Maps and data, either separately or combined, should be provided as follows:
1. Vicinity Map. A print, showing thereon the location of the proposed development and its relationship to adjacent streets and all community facilities which serve or influence it; the minimum scale for the vicinity map shall be one (1) inch equals one thousand (1,000) feet.
2. Property Line Map. A drawing, prepared by a Registered Surveyor showing bearings and distances of the parcel to be developed, location, width and purpose of easements, the name, width and location of abutting streets including location of pavements and sidewalks, structures on the parcel and within one hundred (100) feet on adjoining property; the minimum scale for the property line map shall be one (1) inch equals fifty (50) feet.
3. Topographic Map. A drawing, showing contours at two (2) foot intervals based on the County datum plane. It shall show approximate direction and gradient of ground slope on immediately adjacent land; and show watercourses, 100-year floodplains, wetlands, wooded areas, isolated trees and other significant features. In addition to those requirements, this drawing will clearly indicate the limits of the Protected Area; the minimum scale for the topographic map shall be one (1) inch equals fifty (50) feet.
4. Subsurface Map. A drawing showing subsurface conditions of the tract, including soil types; the minimum scale for the subsurface map shall be one (1) inch equals fifty (50) feet.
(2) Grading Plans. All proposed grading plans shall be of a minimum scale of one (1) inch equals thirty (30) feet and shall show the following:
A. A contour map with two (2) foot intervals and suitable cross sections and profiles of areas including, but not limited to, streets, driveways, buildings, utilities, pools, septic systems or where grading construction is proposed, along with quantities of cut and fill volumes.
B. Notes and details of existing terrain, including the natural topography of the Protected Area to be developed, the location and size of all structures, the finish grade of all improvement locations, and the dimensions, elevations and contours of any proposed earth moving. Subdivision grading plans shall include road profiles and cross-sections showing all significant changes in cross slopes and the proposed and natural grade at the centerline and right- of-way line of all streets and the proposed building setback lines.
C. A time schedule showing anticipated starting and completion dates of each stage of the project.
(3) Geotechnical Report. A geotechnical report by a qualified geotechnical engineer, that addresses all factors pertinent to site stability, both present and future, will be required by the City, and shall include the following:
A. Present Stability Evaluation. An evaluation of the present stability of the site, based on field exploration that includes test borings, followed by lab testing and stability analysis.
B. Future Stability Evaluation. An evaluation of the effect of the planned development on stability based on the findings in subsection (a)(3)A. hereof.
C. Recommended Strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.
(4) Construction Plans. Plans, specifications, or drawings, prepared by a registered architect or a structural engineer, shall be submitted for any structure that is proposed to be constructed or otherwise placed in the Protected Area. This shall apply if any portion of the structure is proposed to be placed in the Protected Area.
(b) Performance Regulations for Activities in Protected Areas.
(1) Earth Moving Controls. The following minimum standards shall apply to earth moving:
A. Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.
B. Erosion control. Controls creating the lowest possible potential for airborne or waterborne transportation of soil shall be used. These erosion controls shall be installed prior to disturbance of existing vegetation or earth moving activity. Erosion controls shall be maintained and modified as necessary to ensure their proper operation; the owner(s), or any subsequent owner(s), of the premises shall be responsible for such maintenance, with such responsibility noted of record with the office of the Lake County Recorder.
C. Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, with a minimum compaction of ninety percent (90%) of maximum density. The City may require compaction tests by a qualified geotechnical engineer; the expense for such tests shall be the responsibility of the owner, developer, builder and/or occupant.
D. Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to the initiation of earth moving.
E. Cut and fill. Cut and fill slopes shall be no steeper than three (3) horizontal to one (1) vertical; fill slopes shall neither be located on natural slopes steeper than 3:1 nor where fill slope toes out within twelve (12) feet horizontal of the top of an existing or planned cut slope. No unnecessary cuts and/or fills shall be allowed.
F. Hillside Buffer areas. Hillside buffer areas consisting of undisturbed land shall exist around the perimeter of the parcel according to the following:
1. For building sites not requiring plat approval:
Width of Parcel at Building Line (Ft.) | Side Lot Line Buffer Area Required (Ft.)* | Rear Lot Line Buffer Area Required (Ft.) |
Less than 125 | 15 | Regardless of width of parcel at building line, 25% of average lot depth or 50 feet, whichever is greater |
At least 125 but less than 150 | 20 | |
At least 150 but less than 200 | 40 | |
200 feet or greater | 50 | |
* Side lot line buffer area excludes the area within 50 feet of the Right-of-Way, if such area is necessary to be used for driveway and/or utility purposes. | ||
2. For building sites requiring plat approval under Title Five, Subdivision Regulations, of the Planning and Zoning Code:
a. Buffer area. An undisturbed buffer area of one hundred (100) feet wide around entire boundary of the proposed subdivision, with the exception of areas required to be disturbed for entrance roads, easements or utilities, which disturbance shall be no more than minimally necessary for such purpose(s).
b. For sublots within a subdivision, the area from the right-of- way to a distance fifty (50) feet from the right-of-way may be disturbed to allow for the placement of the roadway, utilities, and to provide grading for such.
c. Within a subdivision, the requirement of subsection (b)(1)F.1. hereof relative to required side lot line buffer areas is waived for sublots which contain the one hundred (100) foot side lot line buffer area required by subsection (b)(1)F.2.a. hereof along the entire length of the side lot line(s).
d. Within a subdivision, the requirement of subsection (b)(1)F.1. hereof relative to rear lot line buffer areas is waived for sublots which contain the one hundred (100) foot rear lot line buffer area required by subsection (b)(1)F.2.a. hereof along the entire length of the rear lot line.
(2) Hydrological Controls. The following standards shall apply to hydrologic controls:
A. Watercourses, Riparian Areas, and Wetlands. Watercourses, riparian areas, and wetlands shall not be disturbed except as detailed in Section 1167.05
(c).
B. Controlled run-off. Run-off shall be collected and transported over land through sheet flow, in a pipe or other approved manner to a storm sewer system, if available, or, otherwise to the bottom of a ravine or steep slope in a non-erosive manner. If required by the City Engineer, in accordance with generally accepted engineering principles, storm water detention facilities shall be installed. If run-off cannot be transported or collected as required herein, the applicant shall provide another manner of collection or transportation to the satisfaction of the City Engineer.
C. Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil; the intercepted water shall be conveyed in a pipe or other approved manner to a storm sewer system or to the bottom of a ravine or steep slope. If intercepted water cannot be conveyed in a manner required herein, the applicant shall provide another manner of conveyance to the satisfaction of the City Engineer.
D. Early completion. A drainage system shall be completed and operational at the earliest possible time during construction.
E. Hydrological control plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect shall be submitted with the following information:
1. Inventory. A reasonably detailed description of:
a. The direction of flow within the local drainage basin;
b. All natural drainage channels directed toward and away from the hillside area within fifty (50) feet of its perimeter;
c. Other natural drainage ways which may affect or be affected by the proposal;
d. An assessment of watercourse type, including ephemeral, intermittent, or perennial;
e. The Ohio EPA aquatic life use designation or stream classification for headwater streams;
f. The Ohio EPA category, per the Ohio Rapid Assessment Method for Wetlands (ORAM), of any wetlands.
2. Special notations. Special notations shall be included high-lighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow;
3. Proposed facilities. The location of all surface and sub-surface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning existing active erosion occurring at the outlet of existing or proposed systems.
(3) Vegetation and Re-vegetation. The following standards shall apply to vegetation and re-vegetation:
A. Exposure. The smallest area of land possible shall be exposed at any given time during development and shall be exposed for as short a time as possible; where required to prevent erosion or where exposed land will remain for time periods exceeding fifteen (15) days, temporary cover shall be used during development; for land disturbances exceeding one acre, the project shall be designed and completed in phases so as to minimize the exposure of large areas of land.
B. Re-vegetation. Areas disturbed during development shall be landscaped, using native plantings with deep root systems whenever possible. Trees removed during development shall be replaced with native Ohio tree saplings that are typical to the site.
(4) Landscape Plan. A landscape plan, prepared by a professional registered landscape architect shall be submitted, and shall include the following:
A. Existing inventory. A site plan inventory describing the location and types of vegetation on the hillside or riparian area shall be submitted; such plan shall show the types and location of vegetation.
B. Re-vegetation. A site plan describing the type and location of proposed revegetation of disturbed areas;
C. Method. A detailed description of any slope, stabilization, and revegetation proposals.
(c) Performance Regulations for Activities in Riparian Areas and Areas Adjacent to Wetlands. Per Section 1167.05
(b)(2)A. of this regulation, watercourses, wetlands, riparian areas, and areas adjacent to wetlands shall not be disturbed during development activities, with the following exceptions:
(1) Crossings. The City Engineer may permit crossings of watercourses or wetlands through riparian areas and areas adjacent to wetlands with roads, driveways, easements, bridges, culverts, utility service lines, or other means, provided he determines that such crossings are necessary for site development, minimize disturbance in riparian areas and areas adjacent to wetlands, and mitigate any necessary disturbances.
(2) Streambank Stabilization Projects. The City Engineer may permit streambank stabilization projects along watercourses and within riparian areas, provided he determines that such measures are necessary, ecologically compatible, and substantially use natural materials and native plants to the maximum extent possible.
(3) Landscaping. The removal of natural vegetation within a riparian area or area adjacent to wetlands and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the City Engineer. Landscaping Plans shall be designed to maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian area or area adjacent to wetlands to the maximum extent practicable.
(d) If any activities proposed in riparian areas or areas adjacent to wetlands will involve work below the ordinary high water mark of a watercourse, proof of compliance with applicable conditions of a U.S. Army Corps of Engineers Section 404 Permit shall be provided to the City Engineer and the Zoning Administrator. If required, this 404 permit may be a Nationwide Permit, including Ohio State Certification Special Conditions and Limitations or an Individual Permit, including Ohio 401 Water Quality Certification.
(Ord. 2008-15. Passed 6-12-08.)