(a) Submission of Plan. Whenever anyone who owns, or has any other interest in, any land, hereinafter referred to as the applicant, wishes to make changes in that land by grading, excavating, removing and/or destroying any topsoil, loam, sand, gravel, rock, stone, clay or other similar substance, the natural vegetation, any trees and/or other vegetation located on more than one (1) acre of that land, the same shall only be permitted after the applicant has submitted to the Village for its approval, a plan for water retention, erosion and sedimentation controls and land restoration, hereinafter referred to as the improvement plan, and the Village has approved the improvement plan and issued an Installation Permit.
(b) Contents. The Improvement Plan submitted to the Village shall include the following:
(1) The name and address of the applicant, as well as the name and address of anyone else who possesses any interest in the land for which the plan is being submitted;
(2) A description of the land, with boundaries, upon which such activities are proposed to take place.
(3) A map of the land, showing the location and dimensions of the entire parcel, the location and dimensions of the area in which the proposed activities are to take place, as well as an indication of the general nature of the balance of the parcel upon which no activities are proposed to take place.
(4) A description of the method of operation to be employed, the time within which such work is to be commenced and completed, an indication of the ultimate topography of this land after all activities are completed, a description of the restoration steps which the applicant will take after all activities described in the plan are completed, including refilling, re- seeding, and replanting. The plan shall also indicate the ultimate proposed use for the land for which the Improvement Plan is proposed.
(5) The name(s) and address(es) of the person(s), firm(s), etc. who will be undertaking the activities outlined in the Improvement Plan.
(6) The name(s) and address(es) of all contiguous and/or adjacent landowners, along with an indication that all contiguous and/or adjacent landowners have been notified of the submission of the Improvement Plan.
(7) Where deemed appropriate by the Village, the following additional information may be required:
A. The areas of the described premises that will be exposed at any one time;
B. The type of temporary vegetation and/or mulching that will be used to protect exposed areas of the described premises during the construction of any type of improvements thereon; or changes being made in contours thereon; or in removal or destruction of topsoil, trees and other vegetation located thereon;
C. The locations, construction and maintenance of sediment basins (debris basins, desilting basins or silt traps) or other controlled measures on the described premises;
D. The type of permanent and final vegetation and structures that will be planted and installed on the described premises and the time within such vegetation and structures are to be planted and installed; and
E. A description of the type of soil comprising the described premises.
(c) Review of Improvement Plan. All Improvement plans submitted to the Village shall be reviewed by the Village in accordance with the current engineering standards, including the standards set forth in the Urban Sediment Pollution Abatement Rules of the Ohio Department of Natural Resources.
(d) Conduct of Public Hearing on Improvement Plans. Whenever the Village determines that the activity outlined in an Improvement Plan shall have such wide-ranging effect upon the Village that a public hearing should be conducted concerning such plan and its contents, Village Council shall schedule such a public hearing in conjunction with one of its meetings. Notice shall be given to the media, the public at large, and individually to the owners of contiguous and/or adjacent land at least thirty (30) days in advance of such public hearing. At that hearing, Council shall allow members of the community a full opportunity to understand the Improvement Plan under consideration, as well as a full opportunity to make comment on that plan.
(e) Approval of Improvement Plan/Issuance of Permit. After the Village has reviewed an Improvement Plan, it shall either approve the plan as presented, approve the plan with necessary modifications, or reject the plan. In the event that the Village approves the plan as presented or with modifications, it shall issue an Installation permit as described in these regulations. The applicant shall be entitled to proceed with the grading, excavating, removal and/or destruction of natural vegetation, topsoil, trees or vegetation only after receiving an Installation Permit, and only in accordance with the terms and conditions contained in that Permit. Such Permit shall include all conditions required of the applicant in conducting the activities in question, such as the method of grading, excavating, cutting, clearing, thinning, filling or removal of the land or area, or the operations that are to be conducted, as well as the amount of topsoil or loam to be re-spread on the land, and all amounts of refilling, receiving and/or replanting which the Village shall require in issuing the Permit. In the event that the Village rejects the plan, it shall communicate that rejection to the applicant who submitted that plan, along with a notification that/those person(s) are not permitted to engage in the improvements/activities outlined in the rejected Improvement plan.
(Ord. 1446. Passed 3-11-97.)
(Ord. 1446. Passed 3-11-97.)