Aurora City Zoning Code

CHAPTER 1175

Comprehensive Storm Water Management

1175.01 PURPOSE AND SCOPE.

(a) The purpose of this regulation is to establish technically feasible and economically reasonable storm water management standards to achieve a level of storm water quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the City of Aurora.

(b) This regulation requires owners who develop or re-develop their property within the City of Aurora to:

(1) Control storm water runoff from their property and ensure that all Storm Water Control Measures (SCMs) are properly designed, constructed, and maintained.

(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

(3) Control the volume, rate, and quality of storm water runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased.

(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.

(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

(6) Incorporate storm water quality and quantity controls into site planning and design at the earliest possible stage in the development or redevelopment process.

(7) Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.

(8) Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City of Aurora's future expenses related to the maintenance and repair of stream crossings.

(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide healthy water resources.

(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1175.01 .

(d) Public entities, including the State of Ohio, Portage County, and the City of Aurora, shall comply with this regulation for linear projects within public rights-of-way (e.g. roadway and sidewalk projects).

(e) This regulation does not require a Comprehensive Storm Water Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City of Aurora Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1173 Erosion and Sediment Control. (Ord. 2022-080. Passed 5-23-22.)

1175.02 DEFINITIONS.

The definitions contained in Ohio Environmental Protection Agency ("Ohio EPA")'s Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" and Ohio EPA's Municipal Separate Storm Sewer (MS4) Permit entitled "Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Storm Wwater Under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied for under this chapter shall apply to this chapter and the following definitions shall also apply:

(a) ACRE: A measurement of area equaling 43,560 square feet.

(b) AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

(d) COMPREHENSIVE STORM WATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that set forth the plans, practices, and SCMs to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.

(e) CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).

(f) CRITICAL STORM: A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1-year 24-hour event. The critical storm is used to calculate the maximum allowable storm water discharge rate from a developed site.

(g) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(h) DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.

(i) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(j) DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.

(k) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(l) GRADING: The process in which the topography of the land is altered to a new slope.

(m) IMPERVIOUS COVER: Any surface that cannot effectively absorb or does not allow the infiltration of water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

(n) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

(o) POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.

(p) PRE-CONSTRUCTION MEETING: Meeting prior to construction among all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.

(q) PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.

(r) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

(s) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

(t) SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

(u) SITE OWNER: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

(v) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.

(w) STORM WATER CONTROL MEASURE (SCM): A structure or area designed to remove pollutants from storm water and/or reduce storm water flow rates. SCMs are a subset of Best Management Practices (BMPs) as defined in the Construction General Permit.

(x) WATER RESOURCE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

(y) WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

(z) WATERSHED: The total drainage area contributing storm water runoff to a single point.

(aa) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

(Ord. 2022-080. Passed 5-23-22.)

1175.03 DISCLAIMER OF LIABILITY.

(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.

(b) By approving a Comprehensive Storm Water Management Plan under this regulation, the City of Aurora does not accept responsibility for the design, installation, and operation and maintenance of SCMs.

(Ord. 2022-080. Passed 5-23-22.)

1175.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance or requirements of the Construction General Permit, the most restrictive provisions, as determined by the City of Aurora Engineer, shall prevail.

(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provision of this regulation shall not be a defense in any action to abate such a nuisance.

(d) Failure of the City of Aurora to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the conditions or damage resulting there from, and shall not result in the City of Aurora, its officers, employees, or agents being responsible for any condition or damage resulting there from.

(Ord. 2022-080. Passed 5-23-22.)

1175.05 DEVELOPMENT OF COMPREHENSIVE STORM WATER MANAGEMENT PLANS.

(a) This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or soil disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1175.01 (c) is proposed. The City of Aurora may require a Comprehensive Storm Water Management Plan for any soil disturbing activity.

(b) Soil disturbing activities on individual sublots in a subdivision regulated by an active Comprehensive Storm Water Management Plan prepared in accordance with this regulation and approved by the City of Aurora Engineer are regulated under that Plan and are not required to prepare a separate Plan.

(c) A Comprehensive Storm Water Management Plan is required for all commercial or industrial properties which require a site plan.

(d) The City of Aurora shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City of Aurora may consult with the Portage SWCD, private engineers, storm water districts, or other technical experts in reviewing the Comprehensive Storm Water Management Plan.

(Ord. 2022-080. Passed 5-23-22.)

1175.06 APPLICATION PROCEDURES.

(a) Comprehensive Storm Water Management Plan: The applicant shall submit an electronic copy of a Comprehensive Storm Water Management Plan and the applicable fees to the Planning, Zoning and Building Division in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. The Comprehensive Storm Water Management Plan shall meet the requirements of Section 1175.08 and shall be approved by the City of Aurora Engineer prior to approval of the final plat and/or before issuance of a building permit.

(b) Review and Comment: The City of Aurora Engineer shall review the Comprehensive Storm Water Management Plan submitted, and shall approve or return for revisions with comments and recommendations for revisions. A Comprehensive Storm Water Management Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Comprehensive Storm Water Management Plan.

(c) Approval Necessary: Land clearing and soil-disturbing activities shall not begin and zoning and/or building permits shall not be issued without an approved Comprehensive Storm Water Management Plan.

(d) Valid for Two Years: Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval or as stipulated in the Construction General Permit.

(Ord. 2022-080. Passed 5-23-22.)

1175.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

(a) Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City of Aurora will issue a building permit.

(1) Ohio EPA NPDES Permits Authorizing Storm Water Discharges Associated with Construction Activity or the Most Current Version Thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI), a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter, from the site owner certifying and explaining why the NPDES Permit is not applicable.

(2) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter, from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.

(3) Ohio EPA Isolated Wetland or Ephemeral Stream Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit or Ephemeral Stream Permit application tracking number, public notice, project approval, or a letter, from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit or Ephemeral Stream Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.

(4) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineers' Nationwide Permit Program shall be submitted. This shall include one of the following:

A. A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

B. A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.

(5) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water Resources permit application tracking number, a copy of the project approval letter from the ODNR Division of Water Resources, or a letter, from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

(b) Irrespective of any other regulations set forth in this chapter, the City of Aurora, its Engineer, Planning Zoning and Building Director, Planning Commission, or Council shall not be compelled or required to approve any plan, proposal or application, which deviates, violates, or contradicts the requirements or regulations imposed upon the City by the then current Ohio Environmental Protection Agency Storm Water Discharge Permit issued to the City under the National Pollutant Discharge Elimination System.

(Ord. 2022-080. Passed 5-23-22.)

1175.08 COMPREHENSIVE STORM WATER MANAGEMENT PLANS.

(a) Comprehensive Storm Water Management Plan Required: The applicant shall develop a Comprehensive Storm Water Management Plan describing how the quantity and quality of storm water will be managed after construction is completed for every discharge from the site and/or into a water resource or small municipal separate storm sewer system (MS4). Comprehensive Storm Water Management Plans must meet the requirements in the Construction General Permit and these regulations.

(b) Preparation by Professional Engineer: The Comprehensive Storm Water Management Plan shall be prepared by a registered Professional Engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the City of Aurora Engineer, a site survey shall be performed by a registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.

(c) Community Procedures: The City of Aurora Engineer may prepare and maintain procedures providing specific criteria and guidance to be followed when designing the storm water management system for the site. These procedures may be updated from time to time, at the discretion of the City of Aurora Engineer, based on improvements in engineering, science, monitoring, and local maintenance experience. The City of Aurora Engineer shall make the final determination of whether SCMs proposed in the Comprehensive Storm Water Management Plan meet the requirements of this regulation.

(d) Contents of Comprehensive Storm Water Management Plan: The Comprehensive Storm Water Management Plan must contain all elements and meet all requirements specified in the Construction General Permit. It shall also meet the following requirements:

(1) Location information: The application shall note the phase, if applicable, of the overall development plan and list sublot numbers if project is a subdivision.

(2) Site maps and SCM design plans: It is preferred that all SCMs and the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided. Existing and proposed drainage patterns and any relevant offsite SCMs should be depicted. For each SCM, include the following:

A. An individual identification number

B. Location and size

C. Final site conditions and detail drawings of storm water inlets and permanent SCMs. Details of SCMs shall be drawn to scale and shall show relevant volumes, elevations and sizes of contributing drainage areas.

D. A completed Ohio EPA WQv Calculator Spreadsheet and/or Runoff Reduction Spreadsheet or other equivalent compliance tools provided by Ohio EPA.

E. Any supplemental information requested by the City of Aurora.

(3) Required Calculations: The applicant shall submit calculations for projected storm water runoff flows, volumes, and timing into and through all SCMs for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from offsite areas have been considered in the calculations. For each SCM, identify the drainage area and size in acres, percent impervious cover within the drainage area, volumetric runoff coefficient, peak discharge, and the time of concentration for each subwatershed. Identify the SCM surface area, discharge and dewatering time, outlet type and dimensions.

(4) An Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for SCMs under this regulation is a stand-alone document between the City of Aurora and the applicant. This agreement shall be recorded with the County.

(5) Inspection and Maintenance Plan. This plan will meet the requirements of the Construction General Permit and will be developed by the applicant and reviewed by the City Engineer. Maintenance requirements of each SCM during and after construction should be included. Once the Inspection and Maintenance Plan is approved, a recorded copy of the Plan must be provided to the property owner or association that will be responsible for long-term operation and maintenance of the SCM and submitted to the City Engineer as part of the final inspection approval.

(Ord. 2022-080. Passed 5-23-22.)

1175.09 PERFORMANCE STANDARDS.

(a) General: All components of the storm water system, including SCMs for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; to meet the requirements of the Construction General Permit, and to meet the following criteria:

(1) Integrated SCMs that address degradation of water resources. The SCMs shall function as an integrated system that controls flooding and minimizes the degradation of the water resources receiving storm water discharges from the site. Acceptable SCMs shall:

A. Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project and complies with Chapter 1157 .

B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable.

C. Only install new impervious surfaces compact soils where necessary to support the future land use.

D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing storm water peak flows to less than predevelopment levels.

E. Be designed according to the methodology included in the most current edition of Rainwater and Land Development or another design manual acceptable for use by the City of Aurora and Ohio EPA.

(2) Practices designed for final use: SCMs shall be designed to achieve the storm water management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with routine maintenance.

(3) Storm water management for all lots: Areas developed for a subdivision, as defined in Section 1103.02 (79) A. and B., shall provide storm water management and water quality controls for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peaks from the lot.

(4) Storm water facilities in water resources: SCMs and related activities shall not be constructed in water resources per Chapter 1157 .

(5) Storm water ponds and surface conveyance channels: All storm water pond and surface conveyance designs must provide a minimum of one (1) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing storm water ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.

(6) Exemption: The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1175.09 if it can be shown to the satisfaction of the City of Aurora Engineer that the site is part of a larger common plan of development where the storm water management requirements for the site are provided by an existing SCM, or if the storm water management requirements for the site are provided by SCMs defined in a regional or local storm water management plan approved by the City of Aurora Engineer.

(7) Maintenance: All SCMs shall be maintained in accordance with the Inspection and Maintenance Plan and Agreements approved by the City of Aurora Engineer as detailed in Section 1175.08.

(8) Ownership: Unless otherwise required by the City of Aurora, SCMs serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership. SCMs serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner.

(9) Preservation of existing natural drainage: Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may includes minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation; and maintaining unconcentrated storm water runoff to and through these areas.

(10) Post-Construction Soil Restoration: Except for areas that will be covered by impervious surface or have been incorporated into an SCM, the soil moisture-holding capacity of areas that have been cleared and graded must be restored to that of the original, undisturbed soil to the maximum extent practicable. Areas that have been compacted or had the topsoil or duff layer removed should be amended using the soil profile restoration design criteria in Rainwater and Land Development.

(b) Storm Water Conveyance Design Criteria: All SCMs shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include but not be limited to:

(1) Stream relocation or enclosure: Water resources shall not be enclosed per Chapter 1157 .

(2) Off-site storm water discharges: Off-site storm water runoff that discharges to or across the applicant's development site shall be conveyed through the storm water conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around storm water quality control facilities or, if this is not possible, the storm water quality control facility shall be sized to treat the off-site flow. Comprehensive Storm Water Management Plans will not be approved until it is demonstrated to the satisfaction of the City of Aurora Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.

(3) Sheet flow. The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally binding mechanisms that prohibit re-grading and/or the placement of structures within the sheet flow areas. In no case shall the sheet flow length be longer than 100 feet, nor shall a sheet flow area exceed 1.5 acres. Flow shall be directed into an open channel, storm sewer, or other SCM from areas too long and/or too large to maintain sheet flow, all as determined by the City of Aurora Engineer.

(4) Open channels: Unless otherwise allowed by the City of Aurora Engineer, drainage tributary to SCMs shall be provided by an open channel with landscaped banks and designed to carry the 10-year, 24-hour storm water runoff from upstream contributory areas.

(5) Open drainage systems: Open drainage systems shall be preferred on all new development sites to convey storm water where feasible. Storm sewer systems shall be allowed only when the site cannot be developed at densities allowed under the City of Aurora zoning or where the use of an open drainage system affects public health or safety, all as determined by the City of Aurora Engineer. The following criteria shall be used to design storm sewer systems when such systems are determined by the City of Aurora Engineer to be necessary.

A. Storm sewers.

1. Storm drainage piping shall be at least twelve (12) inches diameter.

2. The storm sewer outfall shall be designed to provide adequate protection against downstream erosion and scouring.

3. The design of storm sewers shall be based on the rational method or methodology approved by the City Engineer. Storm sewers shall be designed such that they do not surcharge from runoff caused by a 10-year storm, and that the hydraulic grade line of the storm sewer system stays below the rim elevation of all drainage structures during a 25-year storm. The system shall be designed to meet these requirements when conveying the flows from the contributing drainage area within the proposed development and existing flows from offsite areas that are upstream from the development.

4. The capacity of inlets, catch basins, or other inflow structures draining into storm sewers should be equal to or greater than the peak flow rate from the contributing drainage area for a 25-year storm, such that the inflow structure does not restrict flow. An overland flow path designed for a 100-year storm shall be placed at all low points or sags to further ensure against flooding. Design methodology utilized should be similar to those presented in Section 1103 (Pavement Drainage) of the Ohio Department of Transportation Location and Design Manual Volume Two Drainage Design, latest version.

B. Storm water channels, ditches, swales.

1. Location. Generally acceptable locations of storm water channels in the design of a subdivision may include, but are not limited to, the following:

a. Adjacent to roadways.

b. In a depressed median of a double roadway, road or parkway provided the median is wide enough to permit slopes of one (1) foot drop in six (6) feet horizontal or flatter.

c. Centered on lot lines or entirely within the rear yards of a single row of lots or parcels.

d. In each of the foregoing cases, a drainage easement with sufficient width to facilitate maintenance and design flow shall be provided and shown on the plat.

2. Roadside Storm Water Channels. In some instances, roadside ditches shall be permitted subject to approval by the City. The size, slope and cross-section of roadside ditches shall be designed for the calculated capacity in accordance with the applicable ODOT design standards. Erosion protection, such as seeding, sodding, jute matting rip-rap, concrete or rock channel protection, shall be provided as necessary for the calculated flow velocity.

3. Channels along lot lines. Whenever the plans call for the passage and/or storage of storm water runoff along lot lines, the grading of all such lots shall be prescribed and established for the passage and/or storage of waters, and no structure or vegetation which would obstruct the flow of storm water shall be allowed, nor shall any change be made to the prescribed grades and contours of the specified storm water channels.

C. Roof Drains. All roof drainage, and footer drainage if required, shall be collected by downspouts and directed into the storm sewer drainage system where storm sewers are available. The applicant may request approval from the City of Aurora Engineer for the use of an alternative system for managing roof and footer drainage. The City of Aurora Engineer shall grant the relief requested if the alternative system for managing roof drainage uses BMPs which will not cause excessive erosion or water damage. Where storm sewers are not available, a system for managing roof drainage shall be designed and installed as approved by the City of Aurora Engineer. Under no circumstances, however, shall any such system violate the design criteria in the current applicable building code including requirements to keep roof and footer drainage a sufficient distance from the structure so as to prevent damage to that structure.

D. Driveway culverts shall be a minimum twelve inch (12") diameter pipe with a minimum slope of one percent (1%). Pipe material shall be as specified by the City of Aurora Engineer.

E. Roadway culverts shall be designed in accordance with Section 1105 of the Ohio Department of Transportation Location and Design Manual Volume Two Drainage Design, latest version. Roadway culverts shall be designed such that the full-flow capacity is equal to or greater than the peak flow rate from the contributing drainage area for a 25-year storm event. In addition, the roadway culvert shall be sized to prevent flooding of the adjacent roadway for a 100-year storm event.

Replacement of existing roadway culverts shall attempt to meet the criteria above provided that increased flow rates do not adversely impact downstream properties or contribute to downstream flooding. At a minimum, roadway culverts that replace existing culverts shall maintain an equivalent full-flow capacity as the existing culverts.

(6) Water Resource Crossings. The criteria in Chapter 1157 shall be used to design structures that cross a water resource in the City of Aurora. Bridges shall be designed to comply with ODOT and AASHTO standards.

(7) Overland flooding. Overland flood routing paths shall be used to convey storm water runoff from the 100-year, 24-hour storm event to an adequate receiving water resource or storm water management practice such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least one foot below the finished grade elevation at the structure. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.

(8) Velocity dissipation. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.

(c) Storm Water Quality Control: The site shall be designed to direct runoff to one or more SCMs that meet or exceed the criteria in the Construction General Permit.

(d) Storm Water Quantity Control: The Comprehensive Storm Water Management Plan shall describe how the proposed SCMs are designed to meet the following requirements for storm water quantity control for each watershed in the development:

(1) The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions. Additionally, to protect against stream erosion or hydromodification, the post-developed peak flows from the 1-year and 2-year 24-hour storms should be released at a flow rate less than or equal to 30% of the pre-developed 2-year 24-hour peak flow.

(2) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.

(3) The Critical Storm for each specific development drainage area shall be determined as follows:

A. Determine, using a curve number-based hydrologic method that generates hydrographs, or other hydrologic method approved by the City of Aurora Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards prescribed in the City of Aurora's Stormw Water Management Report Requirements document.:

B. From the volume determined in subsection (d)(3)A., determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 1:

Table 1: 24-Hour Critical Storm

If the Percentage of Increase in Volume of Runoff is:		The Critical Storm will be:
Equal to or Greater Than:	and Less Than:	The Critical Storm will be:
---	10	1 year
10	20	2 year
20	50	5 year
50	100	10 year
100	250	25 year
250	500	50 year
500	---	100 year
For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area. The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms

(4) When a site consists of more than one drainage area and runoff will be discharged from the property in various directions under post-development conditions, the post-development peak rate of discharge for each of the drainage areas shall not exceed the allowable discharge rates in subsections (d)(1) and (d)(2) as based on the pre-development discharge from each of the drainage areas. The Critical Storm for each of the drainage areas shall be calculated in accordance with subsection (d)(3) and runoff volumes shall be calculated based on the actual size of each drainage area for both pre-development and post-development conditions.

(e) Storm Water Quality Management on Redevelopment Projects. SCMs on previously developed sites must meet the criteria in the Construction General Permit.

(f) Spillway. Emergency spillways shall be provided to permit the safe passage of runoff generated above the 100-year basin elevation. The spillway elevation shall be one half (0.5) feet above the 100-year basin elevation.

(g) Freeboard. Detention and retention facilities shall have adequate capacity to contain the storage volume of tributary storm water runoff with at least one (1) foot of freeboard above the water surface of flow in the emergency spillway, as required by State law.

(Ord. 2022-080. Passed 5-23-22.)

1175.10 ALTERNATIVE ACTIONS.

(a) When the City of Aurora determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of storm water quantity. Such alternatives shall meet the standards in the Construction General Permit and shall achieve the same level of storm water quantity control that would be achieved by the on-site controls required under this regulation. The City of Aurora Engineer may require proof of Ohio EPA review and approval for any alternative action proposed.

(Ord. 2022-080. Passed 5-23-22.)

1175.11 EASEMENTS.

Access to SCMs as required by the City of Aurora Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:

(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Storm Water Management Plan.

(b) Easements shall be approved by the City of Aurora prior to approval of a final plat and shall be recorded with the Portage County Auditor and on all property deeds.

(c) Unless otherwise required by the City of Aurora Engineer, access easements between a public right-of-way and all SCMs shall be no less than 25-feet wide. The easement shall also incorporate the entire SCM plus an additional 25-foot wide band around the perimeter of the SCM.

(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.

(e) Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City of Aurora. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Aurora at the property owners' expense.

(Ord. 2022-080. Passed 5-23-22.)

1175.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.

To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the City of Aurora Engineer:

(a) Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the City of Aurora Engineer, and per the approved Comprehensive Storm Water Management Plan.

(b) An As-Built Certification, including a survey and inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the City of Aurora Engineer. In evaluating this certification, the City of Aurora Engineer may require the submission of a new set of SCM calculations if he/she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.

(c) A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 1175.08 must be provided to the City of Aurora Engineer.

(Ord. 2022-080. Passed 5-23-22.)

1175.13 ON-GOING INSPECTIONS.

The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City of Aurora has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance, the City of Aurora shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have three (3) working days, or other mutually agreed upon time, to make repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan accepted by the City of Aurora Engineer for these repairs not be in place, the City of Aurora may undertake the necessary repairs and assess the responsible party.

(Ord. 2022-080. Passed 5-23-22.)

1175.14 FEES.

The Comprehensive Storm Water Management Plan review, filing, and inspection fees shall be billed to the applicant according to the fee schedule in Section 111.01(c).

(Ord. 2022-080. Passed 5-23-22.)

1175.15 BOND.

(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of 5% of total project costs, has been deposited with the City of Aurora Finance Department. This bond shall be posted for the City of Aurora to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event the applicant fails to comply with the provisions of this regulation. The storm water bond will be returned, less the City of Aurora's administrative fees as detailed in Chapter 1175 of the City of Aurora Codified Ordinances, when the following three criteria are met:

(1) After 80% of the lots in the project have been completed, 100% of the total project has been permanently stabilized, or three (3) years from the time of permanent stabilization have passed; and,

(2) An As-Built Certification of all SCMs is approved by the City of Aurora Engineer.

(3) An Inspection and Maintenance Plan has been approved by the City of Aurora and an Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Aurora, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the City of Aurora Engineer.

(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three (3) years of permanent stabilization of the site, the City of Aurora may use the bond monies to fix any outstanding issues with all storm water management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long term maintenance of the project. (Ord. 2022-080. Passed 5-23-22.)

1175.16 INSTALLATION OF WATER QUALITY STORM WATER CONTROL MEASURES.

The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City of Aurora Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City of Aurora Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days. (Ord. 2022-080. Passed 5-23-22.)

1175.17 VIOLATIONS.

No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation. (Ord. 2022-080. Passed 5-23-22.)

1175.18 APPEALS.

Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Aurora in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with Chapter 2506 of the Ohio Revised Code. Written notice of appeal shall be served on the City of Aurora.

(Ord. 2022-080. Passed 5-23-22.)

1175.99 PENALTY.

(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(b) The imposition of any other penalties provided herein shall not preclude the City of Aurora from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent unlawful development, or to restrain, correct, or abate a violation, or to require compliance with provisions of this regulation or other applicable laws, ordinances, regulations, or orders of the City of Aurora.