SUBDIVISION REGULATIONS as may be necessary to substantiate the request. The Planning Commission shall hold a hearing, at which the applicant and any other interested person may appear, at its regularly scheduled meeting, after the submission of an application for exemption. Notice of the hearing shall be given by certified mail by the applicant, at the applicant’s expense, to each interested utility and owner no less than seven (7) days prior to such hearing. If the Planning Commission denies the application following the notice and hearing, the applicant may file a written appeal therefrom with the Clerk of Council, stating the reasons therefor, within thirty (30) days following the announcement of such decision by the Planning Commission. Such appeal shall be placed on the agenda for the next regularly scheduled meeting of Council following the filing thereof with the Clerk and shall be heard at such meeting. Council may, by resolution, reverse or affirm, wholly or in part, or may modify the decision of the Planning Commission. J. Separability. If any court of competent jurisdiction determines that any clause, section or portion of Section 1111.15(I) is invalid or unconstitutional, such finding shall in no way affect the validity of unconstitutionality of the balance of Section 1111.15(I). K. Erosion and Sediment Control i. An erosion and sediment control plan shall be prepared for all developments covered by this regulation which disturb one or more acres of land. 1. The erosion and sediment control plan shall conform to any and all standards defined in the Ohio Environmental Protection Agency authorization for storm water discharges associated with construction activity under the current National Pollutant Discharge Elimination System (NPDES) permit, and all revisions and amendments thereto. The Notice of Intent, as well as a copy of the Storm Water Pollution Prevent Plan (SWP3) shall be provided to the city as part of the erosion and sediment control plan submittal. 2. The SWP3 shall be prepared by a professional experienced in the design and implementation of erosion and sedimentation controls and shall address all phases of construction. The SWP3 shall incorporate, at a minimum, all of “Part III, Section G” SWP3 requirements of the current NPDES permit, and all revisions and amendments thereto. L. Utility and Traffic Studies. Utility and traffic studies may be required by the City Engineer to facilitate proper master or large-scale planning of the City’s infrastructure prior to the submission of public or private construction plans. Fees for review of such traffic or utility studies shall be established and updated from time to time. 222
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