§ 35.17.4. Environmentally Sensitive Areas Compliance Review.

A.

Review Required.

Environmentally Sensitive Area compliance review for residential and non-residential development must be performed as part of a final plat applications and site plan applications, respectively. Protective fencing shall clearly mark and delineate all ESAs to be protected and preserved for the duration of the land disturbing activities on the property. An Environmentally Sensitive Area review is required for all development except for the following:

1.

Property that does not contain any Environmentally Sensitive Areas as depicted on the City's Environmentally Sensitive Areas Map.

2.

Grading, filling, cutting or other earth-moving activity on any lot involving less than twenty-five (25) cubic yards for residential projects or fifty (50) cubic yards for non-residential projects.

3.

Activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, and additions or minor modifications of a single-family dwelling, except as prohibited by the Development Code.

4.

The applicant can demonstrate through an Environmentally Sensitive Area field assessment application the subject property contains no Environmentally Sensitive Areas or their location is not as depicted on the ESA map.

B.

Information Required.

Information as required on the final plat and site plan checklists must be provided. Additional information deemed appropriate and neccssary to process the application may also be required.

C.

Criteria for Approval.

The requirements of an Environmentally Sensitive Areas review shall be deemed met when the applicant demonstrates:

1.

The land development activity complies with the requirements of this Subchapter for floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat and all other federal, state or local laws as part of the final plat or site plan.

2.

The land disturbing activity will not cause damage to Environmentally Sensitive Areas adjacent to the areas to be disturbed.

3.

The land disturbing activity complies with the requirements of Subchapter 18.

4.

A wetland delineation by a trained scientist has been performed if encroachments into jurisdictional wetlands are proposed, and a Section 404 Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineers has been obtained.

5.

An alternative Environmentally Sensitive Area plan has been approved for the subject development.

D.

Expiration.

The Environmentally Sensitive Area review shall expire when the final plat for residential development approval expires, or when the site plan approval for a non-residential development expires.

E.

Credit.

Any Environmentally Sensitive Area that is preserved may be used towards meeting:

1.

Landscape and Tree Canopy requirements contained in Subchapter 13.

a.

One (1) square foot of tree canopy will be given for every square foot of preserved ESA tree canopy (1:1).

b.

Two (2) square feet of landscape credits will be given for every square foot of preserved ESA tree canopy (2:1).

c.

One (1) square foot of landscape credits will be given for every square foot of non-wooded preserved ESA (1:1).

2.

Parkland dedication in accordance with the Parkland Dedication Ordinance.

3.

Drainage standards in accordance with Subchapter 19.