[Ord. No. 5075 §1, 7-2-2008]
A. Buffer And Setback Requirements. All land development activity
subject to this Chapter shall meet the following requirements:
1. For
streams depicted as a solid blue line on the U.S.G.S. map, an undisturbed
natural vegetative buffer shall be maintained for fifty (50) feet,
measured horizontally, on both banks (as applicable) of the stream
as measured from the top of the stream bank. For all other streams
subject to this Chapter, an undisturbed natural vegetative buffer
shall be maintained for twenty-five (25) feet, measured horizontally,
on both banks (as applicable) of the stream as measured from the top
of the stream bank.
2. An additional
setback shall be maintained for twenty-five (25) feet, measured horizontally,
beyond the undisturbed natural vegetative buffer, in which all impervious
cover shall be prohibited. Grading, filling and earthmoving shall
be minimized within the setback.
3. No septic
tanks or septic tank drain fields shall be permitted within the buffer
or the setback.
B. Variance Procedures. Variances from the above buffer and
setback requirements may be granted in accordance with the following
provisions:
1. Where
a parcel was platted prior to the effective date of this Chapter and
its shape, topography or other existing physical condition prevents
land development consistent with this Chapter, and the Richmond Heights
Building Department finds and determines that the requirements of
this Chapter prohibit the otherwise lawful use of the property by
the owner, the Board of Adjustment of Richmond Heights may grant a
variance from the buffer and setback requirements hereunder, provided
such variance requires mitigation measures to offset the effects of
any proposed land development on the parcel.
2. Except
as provided above, the Board of Adjustment of Richmond Heights shall
grant no variance from any provision of this Chapter without first
conducting a public hearing on the application for variance and authorizing
the granting of the variance by an affirmative vote of the Board of
Adjustment. The Board of Adjustment shall give public notice of each
such public hearing in a newspaper of general circulation within Richmond
Heights. The Board of Adjustment shall require that a notice of the
proposed variance and the public hearing be sent to all property owners
within three hundred (300) feet of the subject parcel.
Variances will be considered only in the following cases:
a. When
a property's shape, topography or other physical conditions existing
at the time of the adoption of this Chapter prevents land development
unless a buffer variance is granted.
b. Unusual
circumstances when strict adherence to the minimal buffer requirements
in the Chapter would create an extreme hardship.
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Variances will not be considered when, following adoption of
this Chapter, actions of any property owner of a given property have
created conditions of a hardship on that property.
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3. At a
minimum, a variance request shall include the following information:
a. A
site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features as determined by field survey;
b. A
description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
c. A
detailed site plan that shows the locations of all existing and proposed
structures and other impervious cover, the limits of all existing
and proposed land disturbance both inside and outside the buffer and
setback. The exact area of the buffer to be affected shall be accurately
and clearly indicated;
d. Documentation
of unusual hardship should the buffer be maintained;
e. At
least one (1) alternative plan which does not include a buffer or
setback intrusion, or an explanation of why such a site plan is not
possible;
f. A
calculation of the total area and length of the proposed intrusion;
g. A
stormwater management site plan, if applicable; and
h. Proposed
mitigation, if any, for the intrusion. If no mitigation is proposed,
the request must include an explanation of why none is being proposed.
4. The
following factors will be considered in determining whether to issue
a variance:
a. The
shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
b. The
locations of all streams on the property, including along property
boundaries;
c. The
location and extent of the proposed buffer or setback intrusion;
d. Whether
alternative designs are possible which require less intrusion or no
intrusion;
e. The
long-term and construction water-quality impacts of the proposed variance;
and
f. Whether
issuance of the variance is at least as protective of natural resources
and the environment.
[Ord. No. 5075 §1, 7-2-2008]
A. Any permit
applications for property requiring buffers and setbacks hereunder
must include the following:
1. A site
plan showing:
a. The
location of all streams on the property;
b. Limits
of required stream buffers and setbacks on the property;
c. Buffer
zone topography with contour lines at no greater than five (5) foot
contour intervals;
d. Delineation
of forested and open areas in the buffer zone; and
e. Detailed
plans of all proposed land development in the buffer and of all proposed
impervious cover within the setback.
2. A description
of all proposed land development within the buffer and setback; and
3. Any
other documentation that the Richmond Heights Building Department
may reasonably deem necessary for review of the application and to
insure that the buffer zone ordinance is addressed in the approval
process.
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All buffer and setback areas must be recorded on the final plat
of the property following plan approval. A note to reference the vegetated
buffer shall state: "There shall be no clearing, grading, construction
or disturbance of vegetation except as permitted by the Richmond Heights
Stream Buffer Protection Ordinance (Ordinance No. 5075)".
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[Ord. No. 5075 §1, 7-2-2008]
Neither the issuance of a development permit nor compliance
with the conditions thereof nor with the provisions of this Chapter
shall relieve any person from any responsibility otherwise imposed
by law for damage to persons or property; nor shall the issuance of
any permit hereunder serve to impose any liability upon Richmond Heights,
its officers or employees for injury or damage to persons or property.
[Ord. No. 5075 §1, 7-2-2008]
A. The Richmond
Heights Building Department may cause inspections of the work in the
buffer or setback to be made periodically during the course thereof
and shall make a final inspection following completion of the work.
The permittee shall assist the Richmond Heights Building Department
in making such inspections. The Richmond Heights Building Department
shall have the authority to conduct such investigations as it may
reasonably deem necessary to carry out its duties as prescribed in
this Chapter, and for this purpose to enter at reasonable time upon
any property, public or private, for the purpose of investigating
and inspecting the sites of any land development activities within
the protection area.
B. No person
shall refuse entry or access to any authorized representative or agent
who requests entry for purposes of inspection and who presents appropriate
credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out official
duties.
[Ord. No. 5075 §1, 7-2-2008]
A. Any action
or inaction which violates the provisions of this Chapter or the requirements
of an approved site plan or permit may be subject to the enforcement
actions outlined in this Section. Any such action or inaction which
is continuous with respect to time is deemed to be a public nuisance
and may be abated by injunctive or other equitable relief. The imposition
of any of the penalties described below shall not prevent such equitable
relief.
1. Notice of violation. If the Richmond Heights Building Department
determines that an applicant or other responsible person has failed
to comply with the terms and conditions of a permit, an approved site
plan or the provisions of this Chapter, it shall issue a written notice
of violation to such applicant or other responsible person. Where
a person is engaged in activity covered by this Chapter without having
first secured the appropriate permit therefor, the notice of violation
shall be served on the owner or the responsible person in charge of
the activity being conducted on the site. The notice of violation
shall contain:
a. The
name and address of the owner or the applicant or the responsible
person;
b. The
address or other description of the site upon which the violation
is occurring;
c. A
statement specifying the nature of the violation;
d. A
description of the remedial measures necessary to bring the action
or inaction into compliance with the permit, the approved site plan
or this Chapter and the date for the completion of such remedial action;
e. A
statement of the penalty or penalties that may be assessed against
the person to whom the notice of violation is directed; and
f. A
statement that the determination of violation may be appealed to the
Board of Adjustment by filing a written notice of appeal within thirty
(30) days after the notice of violation (except that in the event
the violation constitutes an immediate danger to public health or
public safety, twenty-four (24) hours' notice shall be sufficient).
2. Penalties. In the event the remedial measures described
in the notice of violation have not been completed by the date set
forth for such completion in the notice of violation, any one (1)
or more of the following actions or penalties may be taken or assessed
against the person to whom the notice of violation was directed. Before
taking any of the following actions or imposing any of the following
penalties, the Richmond Heights Building Department shall first notify
the applicant or other responsible person in writing of its intended
action and shall provide a reasonable opportunity of not less than
ten (10) days (except that in the event the violation constitutes
an immediate danger to public health or public safety, twenty-four
(24) hours' notice shall be sufficient) to cure such violation. In
the event the applicant or other responsible person fails to cure
such violation after such notice and cure period, the Richmond Heights
Building Department may take any one (1) or more of the following
actions or impose any one (1) or more of the following penalties.
a. Stop work order. The Richmond Heights Building Department
may issue a stop work order which shall be served on the applicant
or other responsible person. The stop work order shall remain in effect
until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured
the violation or violations described therein, provided the stop work
order may be withdrawn or modified to enable the applicant or other
responsible person to take necessary remedial measures to cure such
violation or violations.
b. Withhold certificate of occupancy. The Richmond Heights
Building Department may refuse to issue a certificate of occupancy
for the building or other improvements constructed or being constructed
on the site until the applicant or other responsible person has taken
the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
c. Suspension, revocation or modification of permit. The Richmond
Heights Building Department may suspend, revoke or modify the permit
authorizing the land development project. A suspended, revoked or
modified permit may be reinstated after the applicant or other responsible
person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein,
provided such permit may be reinstated (upon such conditions as the
Richmond Heights Building Department may deem necessary) to enable
the applicant or other responsible person to take the necessary remedial
measures to cure such violations.
d. Penalties. For violations of this Chapter, the Richmond
Heights Building Department may issue a citation to the applicant
or other responsible person, requiring such person to appear in Richmond
Heights Municipal Court to answer charges for such violation. Upon
conviction, such person shall be punished by a fine not to exceed
one thousand dollars ($1,000.00) or imprisonment for ninety (90) days
or both. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.