Boston Heights City Zoning Code

TITLE NINE

Supplemental Regulations

CHAPTER 1180 Fences

EDITOR’S NOTE: Former Chapter 1180 was repealed by Ordinance 2022-22-18, passed December 13, 2022. See Chapter 1386 of the Codified Ordinances for relevant provisions.

1171.01 PROVISIONS ARE SUPPLEMENTARY.

The regulations in this chapter qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Zoning Ordinance.

(Ord. 87-1951. Passed 7-10-51.)

1171.02 HEIGHT EXTENSIONS.

(a) Public, semi-public or public service buildings or schools, when permitted in a district, may be erected to a height of not more than sixty feet and churches and temples may be erected to a height of not more than seventy-five feet if the building is set back from each lot line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.

(b) Chimneys, cooling towers, elevator bulkheads, fire towers, belfries, monuments, stacks, tanks, water towers, silos, farm buildings or necessary mechanical appurtenances may be erected to any lawful and safe height.

(Ord. 87-1951. Passed 7-10-51.)

1171.03 LOTS OF RECORD, NONCOMPLIANCE WITH AREA OR YARD REQUIREMENTS.

(a) Any lot of record or lot for which a land contract has been issued or any lot within an unrecorded allotment of which at least one-half of the lots are of record or have been sold on land contract on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), may be used for a single or a two family dwelling in existence prior to May, 1995 irrespective of the area of the width of the lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot. However, in no instance shall the minimum dimensions of the side and the rear yards be less than five and twenty feet, respectively. The building lines established on lots within a recorded allotment shall prevail over those established in this Zoning Ordinance. (Ord. 21-2000. Passed 10-11-00.)

(b) Any lot of record on the effective date of Ordinance No. 87-1951 known as the Zoning Ordinance Passed July 10, 1951, containing 4 or more acres of land, may be used and subdivided to provide for two single-family dwellings irrespective of the width of the lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot; however, in no instance shall the minimum dimensions of the side and rear yards be less than 5 feet and 20 feet, respectively; provided however, that each lot shall have an area of not less than 2 acres of land for each dwelling. Ingress and egress to such dwellings may be by easement of not less than 9 feet in width from a duly dedicated street.

(Passed by Initiative 7-9-81.)

1171.04 REAR YARD VARIATION.

Buildings on through lots extending from street to street may waive the requirements for a rear yard by furnishing an equivalent space in lieu of such required rear yard.

(Ord. 87-1951. Passed 7-10-51.)

1171.05 ACCESSORY BUILDINGS.

(a) Accessory buildings which are not a part of the main building may be built in a rear yard within five feet of the rear and side lot lines. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard and shall not be located nearer than sixty feet from any front lot line.

(b) Accessory buildings which are to be used for storage purposes only may be erected on a lot prior to the construction of the main building, but no accessory building shall be used for dwelling purposes, except by hired help employed on the premises.

(Ord. 87-1951. Passed 7-10-51.)

1171.06 BASEMENT HOUSES; TIME LIMIT.

A basement house having more than one-third its height above the grade of the surrounding land, may be used for residence purposes for a period of two years from the time a permit is secured therefor. Thereafter, sleeping rooms and kitchen must be provided above the basement. Such basement houses shall have two means of ingress or egress.

(Ord. 87-1951. Passed 7-10-51.)

1171.07 PROJECTIONS INTO YARDS; FENCES; PORCHES; TERRACES.

(a) Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylight, sills, beltcourse, cornices and ornamental features projecting not more than twelve inches. This requirement shall not prevent the construction of fences with openings and not more than six feet in height except on that portion of lots within thirty feet of the intersection of two or more streets.

(b) Terraces, uncovered porches, platforms and ornamental features which do not extend more than three feet above the level of the ground (first) story may project into a required yard, provided these projections are distant at least two feet from the adjacent lot line. The ordinary projections of chimneys or flues are permitted into the required side and front yards.

(c) An open unenclosed or screened porch, or paved terrace may project into the front yard for a distance not to exceed ten feet.

(Ord. 87-1951. Passed 7-10-51.)

1171.08 MOBILE HOMES.

No motor homes, travel trailers, cabin cars, camp cars, railroad cars or mobile homes shall be permitted on any lots or lands in any district except as follows:

(a) The owner of any occupied land may keep, maintain or park a motor home, travel trailer or personal recreational vehicle upon his own property. However, such vehicles shall number not more than two and shall not be occupied for living purposes while so parked upon his land.

(b) The owner of any occupied land may permit visiting relatives or friends to park a motor home, travel trailer or other recreational vehicle upon his own land for a period of time not to exceed thirty days and during such period of time the recreational vehicle shall not be used or occupied for living purposes. The Board of Zoning Appeals upon application may extend such allowable time as it may determine to be reasonable under the circumstances advanced.

(Ord. 27-1972. Passed 6-21-72.)

1171.09 PRIVATE GROUP RECREATION AREAS.

A camp or grounds for a private club, church group, fraternal organization or service group, the chief activity of which is not a business, and where no liquor is sold on the premises, may be established for picnic or recreational purposes in any of the districts herein created if the total area of such camp or grounds is at least two acres in area. The facilities thereon may include seasonal cottages and structures for recreational purposes and such other appropriate structures as the Planning Commission authorizes. Any such facilities, or expansion or modification thereof, shall be subject to the requirements of Chapter 1143, Chapter 1147 and Chapter 1151 of the Planning and Zoning Code, including approval of a site plan by the Planning Commission, except that off-street parking and paving requirements therein may be waived with the express approval of the Planning Commission.

(Ord. 2016-9-17. Passed 12-13-16.)

1171.10 JUNK YARDS.

No automobile dismantling yard, discarded motor vehicle dump or the storage of junk metal, paper, rags, rubber, glass or other discarded or salvaged articles shall be permitted on lands in the Residential, Office-Professional, General Business or Retail Business Districts.

(Ord. 22-2005. Passed 9-14-05.)

1171.11 RUBBISH DUMPS.

Rubbish dumps may be permitted by the Planning Commission at a public hearing after approval by Council where such use of property may be made without undue injury to neighboring properties and proper safeguards have been required.

(Ord. 15-2007. Passed 8-8-07.)

1171.12 CONSTRUCTION PRIOR TO THIS ZONING ORDINANCE.

Nothing contained in this Zoning Ordinance shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), provided the ground story framework including structural parts of the second floor were completed before such effective date.

(Ord. 87-1951. Passed 7-10-51.)

1173.01 LAWFUL NONCONFORMANCE.

The provisions of this Chapter shall apply to any building, structure, land, site or other use hereafter becoming nonconforming as a result of the adoption of this Zoning Code as well as amendments made to this Zoning Code or the Zoning Map.

(a) The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this Zoning Code, or any amendments thereto, may be continued although such use does not conform to the provisions of this Zoning Code. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provisions and conditions set forth in this Chapter.

(b) A nonconforming lot, use, building or structure does not include nonconformity with regulations pursuant to a legally granted Variance from a provision(s) of this Zoning Code.

(c) Ordinary repairs, or repair or replacement of non-bearing walls, fixtures, wiring, or plumbing may be performed on a nonconforming structure or on any portion of a structure that contains a nonconforming use provided that the cubic content shall not be increased and no structural parts shall be replaced except when required by law to restore such building or structure to a safe condition or to make the building or structure conform to the regulations of the Zoning District in which it is located.

(Ord. 2017-7-15. Passed 9-12-17.)

1173.02 NONCONFORMING USES OF BUILDINGS, STRUCTURES, OR LAND.

A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:

(a) Change or Substitution to another Nonconforming Use. A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless:

(1) The Board finds that the use proposed is equally appropriate or more appropriate to the Zoning District than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable Zoning District than the existing nonconforming use. In permitting such Variance, the Board may prescribe appropriate conditions and safeguards in accordance with the provisions of Chapter 1145.

A. Whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.

B. Whenever a nonconforming use is changed to a use permitted in the Zoning District in which the lot is located, it shall cease to be considered a nonconforming use. Upon such compliance, no nonconforming use shall be made, resumed or reinstated.

C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Zoning Code.

(2) An application for such change in use shall be filed pursuant to Section 1145.04.

(b) Land Occupied by Nonconforming Use.

(1) Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming.

(2) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.

(1) Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.

(2) Expansion of Building(s). No such building shall be enlarged, altered, or expanded to increase the nonconforming use, and no additional structures shall be constructed in connection with such nonconforming use unless the Board determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible to the Zoning District for which it is zoned and more compatible with the adjacent uses.

(3) Reconstruction of a Building Occupied by a Nonconforming Use. Except as provided for in Subsection 1173.02(c)(4) below, no building or structure occupied by a nonconforming use shall be reconstructed except when the use is changed to a Permitted Use in the Zoning District in which it is located, or upon prior approval of the Board and the Board determines that the proposed improvements shall upgrade the activity and make the resulting development more compatible to the Zoning District for which it is zoned and more compatible to the adjacent uses.

(4) Damage or Destruction. Any building or structure containing a nonconforming use, which has been damaged by fire or other causes may be reconstructed and used as before if such reconstruction is done within twelve (12) months of such calamity, unless damaged for more than sixty percent (60%) of its fair market value, as determined by the Board at the time of such damage. If damage is more than sixty percent (60%), the Board shall have the right to permit or refuse continuance of the nonconforming use on the basis of its degree of nuisance to the surrounding areas.

(d) Discontinuance of Use. Whenever a nonconforming use of a building, part of a building, lot or part of a lot is discontinued for one (1) year, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Zoning Code for the Zoning District in which such land is located.

(Ord. 2017-7-15. Passed 9-12-17.)

1173.03 NONCONFORMING BUILDINGS AND STRUCTURES.

A nonconforming building or structure may continue to be used or occupied by a Permitted or Conditional Use in the Zoning District in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

(a) Enlargement. Repair, and Alterations. A nonconforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the Zoning District in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure with respect to the regulations in this Zoning Code.

(b) Moving. No building or structure which is nonconforming under this Zoning Code shall be moved in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the district in which it is located after being moved.

(c) Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within one (1) year of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply shall comply with the provisions of this Zoning Code.

(d) Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other Permitted Use in the Zoning District in which it is located so long as the new use complies with all provisions of this Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.

(e) Variances from Zoning District provisions on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Board where necessary and where such application for a variance meets the requirements of an Area Variance. (Ord. 2017-7-15. Passed 9-12-17.)

1173.04 NONCONFORMING LOTS.

Any lot that was legally established and recorded prior to the effective date of this Zoning Code, or its subsequent amendments, that no longer conforms with the provisions of this Zoning Code, or its subsequent amendments, shall remain lawful, subject to the following provisions:

(a) A conforming structure, conforming accessory structures, and/or the conduct of a Permitted or Conditional Use shall be allowed on any Legal Nonconforming Lot that has an area, lot width, depth, and/or frontage that is less than required for such structure or permitted use in this Zoning Code. A variance shall be required from any provision of this Zoning Code with which the lot does not comply other than those pertaining to minimum area, lot width, depth, and/or frontage, and shall be obtained only through action of the Board.

(b) Where there are two or more Nonconforming Lots with continuous frontage and in single ownership, those lots shall be considered to be an undivided parcel for the purposes of conformity with this Zoning Code. If this undivided parcel is in conformity with the minimum area, lot width, depth, and/or frontage requirements of this Zoning Code, no portion of this undivided parcel shall be used or conveyed in any manner that will create a lot that fails to be in compliance with the minimum area, lot width, depth, and/or frontage requirements of this Code.

(c) Any lot of record or lot for which a land contract has been issued or any lot within an unrecorded allotment of which at least one-half of the lots are of record or have been sold on land contract on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), may be used for a single or a two family dwelling in existence prior to May, 1995 irrespective of the area of the width of the lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot. However, in no instance shall the minimum dimensions of the side and the rear yards be less than five and twenty feet, respectively. The building lines established on lots within a recorded allotment shall prevail over those established in this Zoning Ordinance.

(d) Any lot of record on the effective date of Ordinance No. 87-1951 known as the Zoning Ordinance Passed July 10, 1951, containing 4 or more acres of land, may be used and subdivided to provide for two single-family dwellings irrespective of the width of the lot; the width of the side yard of any such lot need not exceed ten percent (10%) of the width of the lot; the depth of the rear yard need not exceed twenty percent (20%) of the depth of the lot; however, in no instance shall the minimum dimensions of the side and rear yards be less than 5 feet and 20 feet, respectively; provided however, that each lot shall have an area of not less than 2 acres of land for each dwelling. Ingress and egress to such dwellings may be by easement of not less than 9 feet in width from a duly dedicated street.

ALTERNATIVELY

(d) Any lot of record on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951), containing 4 or more acres of land, shall also be subject to the provisions of Section 1171.03(b).

(Ord. 2017-7-15. Passed 9-12-17.)

1173.05 NONCONFORMING SIGNS.

(a) A sign, lawfully existing at the time this Zoning Code, or any amendment thereto, became or becomes effective, but which does not comply with the sign regulations of the Zoning District in which it is located is a nonconforming sign. Nonconforming signs shall comply with the provisions set forth in Chapter 1179.

(b) Nothing in this Zoning Code shall prevent the temporary removal of an established sign for the purpose of cleaning, repainting and/or repair, as long as such restoration returns the condition of the sign to the same size and with same wording that it contained prior to the restoration. (Ord. 2017-7-15. Passed 9-12-17.)

1173.06 EXISTING USE DEEMED CONDITIONAL USE; APPLICATION REQUIRED FOR CHANGE.

Any lawfully existing use that, at the time of its establishment, was not classified as a Conditional Use, but which now, because of the passage of this Zoning Code, or amendment thereto, is listed as a Conditional Use in the Zoning District in which it is located, shall be deemed without further action to be a conditional use. Any change, modification, enlargement or alteration of such use, site development conditions or signs, or change in operations shall only be permitted upon review and approval according to the procedures for conditional uses set forth in Chapter 1149.

(Ord. 2017-7-15. Passed 9-12-17.)

1173.07 RESTORATION.

Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the County of Summit Building Department and/or the Zoning Inspector. (Ord. 2017-7-15. Passed 9-12-17.)

1175.01 PURPOSE.

The purpose of this chapter is to promote the public health, safety and welfare through the regulation of self-service storage facilities.

(Ord. 5-2000. Passed 3-8-00.)

1175.02 MINIMUM CONSTRUCTION DISTANCE.

No structure used a self-service storage facility shall be built or erected within 1,000 feet of any residential dwelling, hotel, motel, tourist house, school, hospital, nursing home, or any public administrative or any public safety building, and shall not present a nuisance or safety hazard to the general public. When the Planning Commission finds that there would be no adverse impact, a lesser set back distance may be approved, but not less than 500 feet.

(Ord. 5-2000. Passed 3-8-00.)

1175.03 BUILDING HEIGHT.

Self-service storage buildings shall be one story and shall not exceed twenty feet in height.

(Ord. 5-2000. Passed 3-8-00.)

1175.04 LIGHTING.

All lights shall be shielded to direct light onto the established buildings and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. All lights shall be mounted at a height not exceeding that of the building.

(Ord. 5-2000. Passed 3-8-00.)

1175.05 BUSINESS ACTIVITY IN SELF-SERVICE STORAGE FACILITIES.

Other than employees of the company or corporation operating the self-service storage facility, no persons shall be involved in any business activity in any self-service storage facility except for the storing or retrieving of material.

(Ord. 5-2000. Passed 3-8-00.)

1175.06 INSPECTIONS.

The Fire Chief, the Fire Prevention Officer, and all Firefighters as directed by the Chief, shall have access to the individual self-service storage units for the purpose of inspection to determine compliance with this chapter and with the Ohio Fire Code. Owners or operators of self-service storage facilities and the lessees of each individual self-service storage unit shall allow access to the individual units for this inspection up to six times per year. The Fire Chief is authorized to draft regulations establishing procedures for these inspections. The Fire Chief shall enforce this inspection procedure pursuant to Chapter 1521 of the Fire Prevention Code and any and all other applicable laws and ordinances. (Ord. 5-2000. Passed 3-8-00.)

1175.07 LEASE AGREEMENT.

Owners or operators of self-service storage facilities must include language within the lease for the individual self-service storage units advising the lessees of the regulations drafted pursuant to this section and shall further contain a provision authorizing inspection of the units by the Fire Department up to six times per year. (Ord. 5-2000. Passed 3-8-00.)

1175.99 PENALTY. (REPEALED)

(EDITOR’S NOTE: Former Section 1175.99 was repealed by Ordinance 2016-9-15.)

1177.01 PROHIBITION OF TREE OR TIMBER REMOVAL WITHOUT PERMIT, EXEMPTIONS.

(a) No person shall timber log, commercial cut, clear cut or excessively prune any tree that is presently attached to the ground on any public or private property without obtaining a permit from the Zoning Inspector for the removal or excessive pruning of trees.

(b) A property owner who owns ten acres or less in a residentially zoned district shall be exempt from the provisions of these regulations.

(c) A property owner who owns more than ten acres in a residentially zoned district, upon which the timbering, logging, commercial cutting, clear cutting, or pruning will be conducted over a single contiguous area of one acre or less, per calendar year, or upon which twenty (20) or fewer trees shall be removed during one calendar year, shall be exempt from the provisions of these regulations.

(Ord. 32-2012. Passed 12-12-12.)

1177.02 USE EXEMPTIONS.

The activities listed below shall be exempt from this chapter:

(a) Emergency activities necessary to remedy an immediate threat to public health, safety, or welfare.

(b) Routine maintenance or removal of trees necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety.

(d) Removal of trees in easements and rights-of-way for the purposes of maintaining public streets and utilities.

(d) Clearing, cutting, or removal of trees in connection with a valid and current Site Clearing and Grading Permit or valid and current change of Grade Permit issued by the Village of Boston Heights.

(Ord. 32-2012. Passed 12-12-12.)

1177.03 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply:

(a) "Tree" means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, with a potential at maturity for a trunk diameter of two (2) inches and potential minimum height of ten (10) feet.

(b) “Diameter/Diameter-breast-height" (d.b.h.) means the diameter of any tree trunk, measured at 4-1/2 feet above average grade. For species of trees whose normal growth habit is characterized by multiple stems (e.g. hazelnut, vine maple) diameter shall mean the average diameter of all stems of the tree, measured at a point six inches from the point where the stems digress from the main trunk. In no case shall a branch more than six inches above average grade be considered a stem. For the purposes of enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump.

(c) "Removal" means removal of a tree(s), through either direct or indirect actions including, but not limited to, clearing, cutting, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or filling, excavation, grading, or trenching in the dripline area of a tree which has the potential to cause irreversible damage to the tree, or relocation of an existing tree to a new planting location.

(d) “Excessive pruning" means pruning more than six years of branch growth, unless necessary to restore the vigor of the tree or to protect life and property.

(e) “Timbering, Logging or Commercial Cutting" means the cutting of trees bearing a trunk diameter of not less than nine inches measured at a distance of fourteen inches above ground level.

(f) “Clearcutting" means the removal of trees and other vegetation from a site in preparation of the development of same.

(Ord. 32-2012. Passed 12-12-12.)

(g) Each tree removed in violation of this Chapter shall be considered a separate and independent offense.
(Ord. 2016-7-10. Passed 9-13-16.)

1177.04 PENALTIES. (REPEALED)

(EDITOR’S NOTE: Former Section 1177.04 was repealed by Ordinance 2016-9-16.)

1177.05 PERMITS.

(a) General Permit Applications/Permit Conditions. Application for such permit under this chapter shall be in writing and should be accompanied by the following:

(1) A site plan detailing the topography of the affected areas to the satisfaction of the Zoning Inspector;

(2) A cash or surety bond in the form as approved by the Village in the amount of $25,000 and a road bond in conformance with Section 339.02 of these Codified Ordinances; and,

(3) The fee established by Section 1101.05 and Professional Fees, Costs, and Review deposit established by Section 1101.06 of these Codified Ordinances.

(Ord. 2013-2-4. Passed 4-10-13.)

1177.06 CONDITIONS TO ISSUING PERMIT.

The conditions under which permits under section 1177.05 shall be issued under this chapter are as follows:

(a) The owner shall submit the Plan to the Summit Soil and Water Conservation District and submit an approved plan to the Zoning Inspector.

(b) The Zoning Inspector shall not issue a permit in any case where such timbering of trees would result in undue erosion or undue stream siltation or where contiguous or adjacent properties would be adversely affected.

(c) The Zoning Inspector shall not issue a permit unless and until adequate assurance is furnished by the permittee that in the event a permit is granted and such timbering is done all of the cordwood, branches, brush, rubble and refuse resulting therefrom shall be removed from the premises or cut up, chipped, or mulched and placed on the forest floor in such a way that no fire hazard shall result therefrom.

(d) The Zoning Inspector shall, if a permit is granted, specify the hours of operation that timbering may be conducted, designate the streets for ingress and egress and provide for such other controls so as to insure a clean and safe timbering operation.

(e) The Zoning Inspector shall attach any additional conditions to the permit, if granted, which are reasonable to protect the general health, peace, safety and welfare of the citizens of the Village of Boston Heights.

(Ord. 32-2012. Passed 12-12-12.)

1177.07 BUFFER ZONE.

All permits issued under Section 1177.05 shall require the permittee to:

(a) Delineate the boundary of the area upon which the permitted activity is to occur in a manner approved by the Zoning Inspector.

(b) Provide a buffer area of 100 feet from the property line or adjacent right-of-way within which no timbering, logging, commercial cutting or clear cutting shall take place.

(Ord. 32-2012. Passed 12-12-12.)

1179.01 PURPOSES.

(a) The purposes of this chapter are to promote the general health, safety and welfare of the residents of the Village by organizing and consolidating the existing sign regulations; and modifying existing standards, as necessary, to assure that all current issues related to signs are addressed. More specifically, the purposes are to:

(1) Promote and protect property values in each of the districts.

(2) Provide reasonable and appropriate conditions for identifying goods sold or produced or services rendered in business and industrial districts.

(3) Control the size, location and design so that the appearance of permanent signs will be aesthetically harmonious with their surroundings.

(4) Eliminate any conflict which would be hazardous between privately erected signs and traffic control signs and devices.

(5) Provide review procedures which enable the Village to comprehensively evaluate the appropriateness of the sign to the site, building and surroundings.

(6) Assure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment.

(b) In establishing these purposes, the Village of Boston Heights has determined that signs which do not comply with these regulations as to type, size, location, design standards and a limitation on the number of signs in the Village, are a public nuisance. Furthermore, the appearance of the Village is marred by an excessive number of oversized and poorly designed signs, and both residential and business property values are adversely affected, and that unregulated signs are unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public.

(Ord. 2016-3-2. Passed 5-10-16.)

1179.02 DEFINITIONS.

(a) General.

(1) Sign means any structure, or natural object such as a tree, bush, rock, lawn or ground itself, part thereof, or device attached thereto, or painted or represented thereon which shall be used to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation, used as, or which is in the nature of an announcement, direction, or advertisement. For the purposes of this Code, "sign" does not include the flag, pennant, burgee, badge or insignia of any domestic government or governmental agency.

Signs are an accessory use in all districts and thereby subject to the definition thereof in Section 1141.02. All signs must be located on the same property as the business or service advertised by any such sign, except as this Chapter allows for temporary signs, or except where the Board of Zoning Appeals finds cause for variance.

(2) Sign area or dimensions.

A. For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area dimensions shall include the entire portion within such background or frame.

B. For a sign comprised of individual letters, figures, or elements on a wall or similar surface, or a freestanding sign of irregular shape, the area of the sign shall encompass a single rectangle or regular geometric shape that encompasses the perimeter of all the elements in the display.

C. The sign area shall include the frame, but shall not include the pole or other structural support unless the pole or support is illuminated or otherwise so designated to constitute a display surface or device.

D. The height of a freestanding sign shall be measured from the average finished grade surrounding its point of attachment to the top of the highest element or point on the supporting pole or structure, whichever is higher. Determination of the average finished grade shall exclude any mounding immediately surrounding the point of attachment.

E. The height of a wall sign shall be measured from the grade defined for the building to which it is attached, as per Section 1141.22, to the top of the highest element.

F. A sign with two (2) faces shall have the display surfaces arranged back-to-back and essentially parallel with each other.

G. In the event of any dispute in determining the sign area or any sign dimension, the Zoning Inspector shall have the responsibility for making such determination.

(3) Building frontage for the purposes of sign regulation means the length of the building or unit of the building which faces the principal street or the length of the wall of the building or unit which contains the main entrance to the uses therein. In the case of an irregular wall surface, a straight line extended along such wall surface shall be used to measure the length. Only one outside wall of any business shall be considered its frontage.

(4) “Building unit” for the purposes of sign regulation means that portion of a building which is owned or leased by a single tenant. The length of unit is that portion of the building so occupied by a single activity and calculated proportionally in the same manner as building frontage.

(b) Types of Signs; Physical Characteristics.

(1) Billboard means a sign which advertises products, services or activities unrelated to the property upon which the sign or device is located, whether lawfully permitted or legally nonconforming.

(2) Freestanding sign means a sign that is supported from or by the ground or by a structure other than a building.

(3) Political sign means a temporary sign advertising a political candidacy or issue.

(4) Portable sign means a sign which is designed to be moved and is not permanently, or intended to be permanently, attached to a building, structure or the ground. Portable signs shall be regulated as Temporary Signs.

(5) Temporary sign means a sign of a restricted size, posted for a limited time, as regulated by this Chapter.

(6) Wall sign means a sign erected essentially parallel to, or painted on the surface, or on the outside wall of any building, and not extending more than twelve inches therefrom, and which does not project above the roofline or beyond the corner of the building. A sign affixed to, or near, a window for the purposes of being visible to and read from the outside of the building and containing information typically found on identification or instructional signs shall, for the purposes of these regulations, be considered a wall sign.

(1) Directional sign means a sign which has as its only function the direction of vehicular or pedestrian traffic upon, to or from a premises and which contains no advertising matter other than the name or symbol for the business, project, development or activity on those premises.

(2) Security sign means a sign that identifies or warns of the security system for premises.

(3) Subdivision sign or project identification sign means a sign identifying the name and address of a completed residential subdivision, a multiple family development, or a commercial, office, industrial park or subdivision. Such sign in a commercial, office or industrial park may include a directory of business uses therein.

(4) Warning placard means a sign that alerts the general public to restrictions of activities on a particular property or advises the public on safety related issues. These include but are not limited to ''No Trespassing", ''No Hunting", "Danger", etc.

(Ord. 2016-3-2. Passed 5-10-16.)

1179.03 GENERAL REGULATIONS.

(a) (1) No sign, or part thereof, shall obscure visibility on a public right-of-way.

(2) No sign shall be located partially or entirely in the public right-of-way, except for:

A. A sign for traffic control, or other official public notice, which was placed by a public official or other public employee in the lawful performance of his or her duty.

B. A subdivision sign that solely identifies a residential or commercial subdivision for purposes of traffic control, which has been located within the public right-of-way in accordance with a subdivision plat approved by the Planning Commission under Chapter 1121 of these Codified Ordinances and duly recorded, where such sign is specifically identified and located thereon, and where the Planning Commission finds that such location is necessary to the public purpose.

(3) Any sign erected in violation of subsection (a)(2) of this section may be removed by the Zoning Inspector or his or her designee immediately and without notice.

(b) No person shall place or have placed on his behalf any sign on any pole, structure, pipe or fitting designed for and carrying electrical power, telephone, gas or water, except that the owner or other person responsible for the maintenance of such pole, structure, pipe or fitting may affix thereto a placard showing its ownership or other identification or a warning of any hazard connected therewith or forbidding trespass on the same.

(d) No sign shall be illuminated by moving, or flashing lights, nor shall any sign, or any part thereof, revolve, rotate, oscillate or otherwise move, or appear to move.

(e) No illuminated sign shall be located closer than 100 feet to any residential district except as this chapter expressly allows, or except where the Board of Zoning Appeals finds cause for variance.

(f) No sign for which a variance or a conditional use permit is required shall be erected except upon issuance of, and in compliance with the terms of, that variance or conditional use permit.

(g) No sign for which approval of the Planning Commission is required shall be erected or modified except upon issuance of, and in compliance with the terms of, the sign permit issued by the Zoning Inspector.

(h) Application for the erection or modification of any sign for which a variance, conditional use permit, or approval of the Planning Commission is required shall be made by a "Sign Application Form" approved for that purpose by the Planning Commission with the concurrence of the Board of Zoning Appeals, and shall be accompanied by the application fee established by Section 1101.05 and the Professional Fees, Costs and Review deposit established by Section 1101.06 of these Codified Ordinances.

(i) (1) The Zoning inspector may issue a provisional permit to erect a sign in advance of review by the Planning Commission, where the Zoning Inspector determines that the proposed sign complies with all dimensional and locational requirements specified in this Chapter. Such provisional permit shall serve as a building permit for any sign thereon described and provisionally approved. Such provisional permit shall be valid up until the second meeting of the Planning Commission following its issuance unless extended by the Planning Commission.

(2) Applicants bear all the risk associated with erecting the sign under a provisional permit regardless of whether the sign is ultimately approved by the Planning Commission; and

(3) Signs erected under a provisional permit shall be constructed and maintained in accordance with the Codified Ordinances of the Village of Boston Heights; and

(4) Any such sign that has been erected under a provisional permit which does not receive the approval of the Planning Commission shall be promptly removed after the owner of such sign is notified by the Zoning Inspector, or the sign shall promptly be modified to meet requirements that have been established by the Planning Commission as a condition of such approval.

(j) Any sign, other than a temporary sign, for which no variance, conditional use permit, nor approval of the Planning Commission is required shall be registered with the Village Office Clerk on a "Permanent Sign Registration Form" approved by the Planning Commission.

(k) Temporary signs, including portable signs, shall be regulated by this chapter as to sign area and duration of posting, and shall be registered with the Village Office Clerk on a

"Temporary Sign Registration Form" approved by the Planning Commission.

(1) Signs shall be designed, constructed and maintained in accordance with the Building Code of the Village of Boston Heights.

(m) No sign shall exist in a state of structural, mechanical, and/or general disrepair.

(n) A variance applying to a sign shall be nullified if it is associated with any sign that is in a prolonged state of structural, mechanical, and/or general disrepair, or where the use associated with that variance has been abandoned.

(o) A sign may be repaired or replaced with a sign of identical dimensions, location, materials, and appearance, with the approval of the Zoning Inspector.

(p) Any sign not in compliance with this Chapter, other than a sign erected pursuant to a provisional permit, shall be brought into compliance within thirty (30) days of notification by the Zoning Inspector or his or her designee.

(Ord. 2016-3-2. Passed 5-10-16.)

1179.04 DISTRICT REGULATIONS.

(a) RES Residential District.

(1) Each dwelling, including home occupation, shall be permitted a single one- or two-sided non-illuminated sign, provided such sign does not exceed two square feet in area, each side. In addition, each dwelling shall be permitted up to five security signs, and one warning placard per one hundred twenty-five feet of lot line, each not to exceed one square foot per side.

(2) Each entrance of a residential subdivision, upon application to, and approval of, the Planning Commission, may be permitted a single one- or two-sided, indirectly-illuminated or non-illuminated subdivision sign, containing only the name of the subdivision, provided such sign does not exceed sixteen ( 16) square feet per side.

(3) Temporary one- or two-sided non-illuminated signs shall be permitted subject to the General Regulations of this chapter and if any of the following applies:

A. A temporary sign relating to garage or yard sales, or to personal, community or holiday events, shall be permitted on-site provided that each such sign does not exceed four square feet per side, and further provided that such signs shall not be erected for more than thirty consecutive days and shall not be reissued more than three times in one calendar year per residence.

B. A temporary sign advertising residential property for sale, lease, or rental shall be permitted on that property, provided such sign does not exceed six (6) square feet in area per side, and further shall be removed within seven (7) days after said transaction is finalized. A single additional such sign advertising a real estate "open house" shall be permitted only while the property is open for public inspection.

C. A temporary construction (on-the-job) sign for jobsite identification shall be permitted on-site during active construction, provided such sign shall not exceed four square feet per side, and further provided that such sign shall be removed when the job is completed or delayed.

D. Any political sign that does not exceed twelve (12) square feet per side shall be permitted provided that such sign shall not be erected for more than thirty (30) consecutive days before it must be taken down and, at the property owner's option, be replaced with a new sign. Each such sign shall be du1y registered in accordance with Section 1179.03(j).

(4) Variances in this district may permit more extensive signage if approved by the Board of Zoning Appeals but in no instance shall any such sign be more than two-sided or exceed sixteen (16) square feet per side for a residential use, or exceed thirty-two square feet per side for a nonresidential use, or be illuminated except as otherwise permitted in this chapter.

(5) Editor's Note: Former subsection (a)(5) was repealed by Ordinance 15- 2007, passed August 8, 2007.

(6) Under no circumstances shall any sign erected in this district exceed six (6) feet in height.

(b) OP Office/Professional District.

(1) Each permissible use shall be permitted a single one- or two-sided freestanding sign provided such sign does not exceed thirty-two square feet per side nor exceed six (6) feet in height above the surrounding finished grade. All freestanding signs shall be approved by the Planning Commission.

(2) Each permissible use shall be permitted a single one-sided wall sign permanently attached to the building provided such sign does not exceed thirty-two square feet. No sign shall protrude above or beyond the wall of any building, nor project more than 12 inches from the wall surface. All signs attached to any building shall be approved by the Planning Commission.

(3) Each entry or exit drive shall be permitted a single one- or two-sided directional sign, provided such sign not exceed four square feet per side and shall not obscure visibility. All directional signs shall be approved by the Planning Commission.

(4) Temporary one- or two-sided non-illuminated signs shall be permitted subject to the General Regu1ations of this chapter and if any of the following applies:

A. A temporary sign announcing sales, new products and special business events shall be permitted on-site. Such signs shall be permitted as wall signs or as freestanding signs where other such signs are permitted, in addition to the permanent business signs, provided such signs do not exceed forty percent of the maximum area otherwise permitted for each type of permanent sign. Such signs shall not be displayed for more than thirty consecutive days and shall not be reissued more than three times in one calendar year per business except that signs advertising a “special, “grand opening” or other commercial event of this nature shall be limited to seven (7) consecutive days and shall not be reissued more than once per calendar year per business.

B. A temporary sign advertising the sale, lease, or rental of business property shall be permitted on that property, provided such sign does not exceed six (6) square feet in area per side. Signs advertising the sale of business real estate shall be properly maintained and must be removed seven (7) days after the closing on such property. Signs advertising the rental or lease of business property shall be properly maintained and must be removed seven (7) days after the signing of a rental or lease agreement. Signs advertising the rental or lease of business property shall be permitted only when space is available in that property. A single additional such sign advertising a real estate "open house" shall be permitted only while the property is open for public inspection.

C. A temporary construction (on-the-job) sign for jobsite identification shall be permitted on-site during active construction, provided such sign shall not exceed thirty-two square feet per side and further provided that such sign shall be removed when the job is completed or delayed.

(5) Variances in this district may permit more extensive signage if approved by the Board of Zoning Appeals but in no instance shall any such sign be more than two-sided, nor exceed thirty-two square feet per side, nor extend more than eight feet in height from surrounding finished grade.

(1) Each business shall be permitted a single one- or two-sided freestanding sign provided such sign does not exceed thirty-two square feet per side nor exceed eight (8) feet in height above the surrounding finished grade. All freestanding signs shall be approved by the Planning Commission.

(2) The maximum total area of all wall signs attached to a building in this district shall be related to the width (W in feet) of the street frontage of the building, or building unit thereof, occupied by the principal use, as follows:

maximum sign area (in square feet)= (W x 1 foot)+ 40 square feet

but no single sign shall exceed 50 square feet, nor shall any combination of signs cover more than 10% of the area of any single building elevation. No sign shall protrude above or beyond the wall of any building, nor project more than 12 inches from the wall surface. All signs attached to any building shall be approved by the Planning Commission.

(3) Each entry or exit drive shall be permitted a single one- or two-sided directional sign, provided such sign not exceed six (6) square feet per side and shall not obscure visibility. All directional signs shall be approved by the Planning Commission.

(4) Temporary one- or two-sided non-illuminated signs shall be permitted subject to the General Regulations of this Chapter and if any of the following applies:

A. A temporary sign announcing sales, new products and special business events shall be permitted on-site. Such signs shall be permitted as wall signs or as freestanding signs where other such signs are permitted, in addition to the permanent business signs, provided such signs do not exceed forty percent of the maximum area otherwise permitted for each type of permanent sign. Such signs shall not be displayed for more than thirty consecutive days and shall not be reissued more than three times in one calendar year per business, except that signs advertising a "special", "grand opening" or other commercial event of this nature shall be limited to seven (7) consecutive days and shall not be reissued more than once per calendar year per business.

C. A temporary construction (on-the-job) sign for jobsite identification shall be permitted on-site during active construction, provided such sign shall not exceed thirty-two square feet per side, and further provided that such sign shall be removed when the job is completed or delayed.

D. Any political sign that does not exceed twelve (12) square feet per side shall be permitted provided that such sign shall not be erected for more than thirty (30) consecutive days before it must be taken down and, at the property owner's option, be replaced with a new sign. Each such sign shall be duly registered in accordance with Section 1179.03(j).

(5) Variances in this district may permit more extensive signage if approved by the Board of Zoning Appeals but in no instance shall any such sign be more than two-sided, nor exceed one hundred and fifty square feet per side, nor extend more than forty feet in height from surrounding finished grade.

(d) RB Retail Business District. Signs in this District shall be regulated in accordance the regulations governing the GB General Business Zoning District, in subsection (c) hereof.

(e) LM Light Manufacturing District. Signs in this District shall be regulated in accordance the regulations governing the GB General Business Zoning District, in subsection (c) hereof.

(Ord. 2016-3-2. Passed 5-10-16.)

1179.05 REQUIREMENTS FOR ILLUMINATED SIGNS.

Illuminated signs shall conform to the following requirements:

(a) Signs that are permitted to be illuminated may be internally or externally illuminated as approved by the Planning Commission. Those signs permitted in the Residential District or upon residential property may only be illuminated with white light.

(b) Any type of external light source used to illuminate a sign face must not interfere with the vision of motor vehicle operators nor shall it shine directly on other adjacent property.

(c) No sign illumination may be of such intensity or brilliance as to impair the vision of a motor vehicle driver or to otherwise interfere with the operation of a motor vehicle.

(d) No sign illumination may be of such intensity or brilliance that it interferes with the effectiveness of any official traffic control device.

(e) All illuminated signs must be equipped with a mechanism that automatically adjusts the brightness to maintain compliance with subsections (b), (c) and (d) of this section.

(f) All illuminated signs must be equipped with a means to immediately turn off the display or lighting in the event of a malfunction and/or a threat to public safety.

(g) If the sign cannot immediately be adjusted to comply with the standards set forth in this section, or if the sign otherwise poses a threat to public safety, then the owner of any such sign must immediately turn off any such sign when ordered to do so by the Zoning Inspector, a police officer, or a firefighter.

(Ord. 2016-3-2. Passed 5-10-16.)

1179.06 NON-CONFORMING STATUS.

(a) Existing signs that were previously approved or were otherwise conforming with the requirements of these Codified Ordinances, but which will become non-conforming upon the adoption of the provisions of this chapter, shall be permitted except as otherwise provided in this section.

(b) Non-conforming signs that are in a state of mechanical, structural and/or general disrepair must be removed after the property owner is notified by the Zoning Inspector or his or her designated representative.

(c) Non-conforming signs that are abandoned because the business or service advertised by such sign no longer exists on the same property shall be removed after the property owner is notified by the Zoning Inspector or his or her designated representative.

(d) The property owner has thirty (30) days to remove such sign after issuance of such notification.

(Ord. 2016-3-2. Passed 5-10-16.)

1181.01 PUBLIC PURPOSE.

(a) It is hereby determined that the system of streams within the Village of Boston Heights contributes to the health, safety and general welfare of the residents and property owners of the Village of Boston Heights. The purpose of this chapter is to protect and preserve the water quality within streams of the Village of Boston Heights and to protect residents of the Village of Boston Heights from property loss and damage because of flooding and other impacts of the streams. This chapter shall be implemented by controlling uses and developments within a Riparian Setback that would impair the ability of the riparian area to:

(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters and regulating base flow.

(2) Stabilize the banks of streams to reduce bank erosion and the downstream transport of sediments eroded from stream banks.

(3) Reduce pollutants in streams during periods of high flows by filtering, settling and transforming pollutants already present in streams.

(4) Reduce pollutants during periods of high flows by filtering, settling and transforming pollutants in runoff before they enter streams.

(5) Provide areas for natural meandering and lateral movement of stream channels.

(6) Reduce the presence of aquatic nuisance species to maintain diverse and connected riparian vegetation.

(7) Provide high quality habitats with shade and food to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

(8) Benefit the Village of Boston Heights economically by minimizing encroachment on stream channels and reducing the need for costly engineering solutions such as dams and riprap, to protect structures and reduce property damage and threats to the safety of watershed residents, and by contributing to the scenic beauty and to the environment of the Village of Boston Heights, the quality of life of the residents of the Village of Boston Heights and corresponding property values.

(9) Protect the health, safety and welfare of the citizens of the Village of Boston Heights.

(b) The following regulation has been enacted to protect these services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.

(Ord. 10-2006. Passed 5-10-06.)

1181.02 APPLICABILITY, COMPLIANCE, AND VIOLATIONS.

(a) The provisions of this chapter shall apply to all lands within incorporated areas that are within the jurisdiction of the Village of Boston Heights.

(b) No preliminary plan, timbering permit, building, or zoning approvals shall be issued without full compliance with the terms of these regulations where applicable.

(d) Any person or organization who violates Section 1181.06 of Codified Ordinances shall be guilty of a minor misdemeanor, and upon conviction thereof, shall be subject to punishment for a minor misdemeanor as defined by the Codified Ordinances of the Village of Boston Heights and shall be required to restore the Riparian Setback through a plan approved by the Summit Soil and Water Conservation District ("SWCD").

(Ord. 10-2006. Passed 5-10-06.)

1181.03 DEFINITIONS.

(a) APPLICANT: Any person who executes the necessary forms to procure official approval of a project or a permit to carry out a project.

(b) BEST MANAGEMENT PRACTICES (BMPs): Conservation practices or protection measures which reduce impacts from a particular land use. Best Management Practices for construction are outlined in the current edition of"Rainwater and Land Development, Ohio's Standard for Stormwater Management, Land Development, and Urban Stream Protection" prepared by the Ohio Department of Natural Resources.

(c) DAMAGED OR DISEASED TREES: Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.

(d) DEFINED CHANNEL: A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries.

(e) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.

(f) FINAL PLAT: A final tracing of all or a phase of a subdivision and its complete survey information as defined by Section 1121.04 of the Codified Ordinances of the Village of Boston Heights.

(g) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This includes but is not limited to roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.

(h) NATURAL SUCCESSION: A gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals adapted to the new environment.

(i) NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of these regulations, the most recent version of this list at the time of application of these regulations shall prevail. (Ohio Administrative Code 901:5-37-01)

(j) OHIO RAPID ASSESSMENT METHOD: A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.

(k) 100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood, which is the flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations, the 100-year floodplain shall be defined by FEMA and approved by County of Summit Department of Building Standards.

(l) ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a distinct mark from erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the channel of a stream.

(m) POLLUTION: Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to: public

health, safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.

• POINT SOURCE” pollution is traceable to a discrete point or pipe.

• “NON-POINT SOURCE” pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than direct discharge.

(n) PRELIMINARY PLAN: A drawing for the purpose of study and which, if approved, permits proceeding with an improvement project.

(o) RIPARIAN AREA: A transitional area between flowing water and terrestrial ecosystems, which provides a continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.

(p) RIPARIAN SETBACK: The area set back from each bank of a stream to protect the riparian area and stream from impacts of development, and streamside residents from impacts of flooding and land loss through erosion. Riparian Setbacks are those lands within the Village of Boston Heights that fall within the area defined by the criteria set forth in these regulations.

(q) SOIL AND WATER CONSERVATION DISTRICT (SWCD): An entity organized under Chapter l515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Summit SWCD.

(r) 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 which may result in, or contribute to, erosion and sediment pollution.

(s) STREAM: A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.

(t) STORMWATER POLLUTION PREVENTION PLAN (SWPPP): The plan which describes all the elements of the stormwater strategy implemented during and after construction. The plan addresses erosion control and stormwater quality.

(u) STORMWATER QUALITY TREATMENT: The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.

(v) VARIANCE: A modification of the enforcement of the Riparian Setback ordinance which will not be contrary to the public interest and where, due to conditions peculiar to this property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in undue hardship to the applicant.

(w) WATERCOURSE: A natural or artificial waterway, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through, or borders the community.

(x) WATERSHED: An area of land that drains into a particular watercourse, usually divided by topography.

(y) WETLANDS: 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, marches, bogs, and similar areas.

(Ord. 10-2006. Passed 5-10-06.)

1181.04 ESTABLISHMENT OF A RIPARIAN SETBACK.

(a) Riparian Setbacks are established as provided in this section.

(b) Streams addressed by this chapter are those which meet the definition of a stream in Section 1181.03 of these regulations and appear on at least one of the following maps:

(1) USGS topographical map.

(2) Soils maps located in the Soil Survey for Summit County, Ohio, USDA, NRCS.

(3) Summit County Riparian Setback Map.

(c) Widths of setbacks are measured as horizontal map distance outward from the ordinary high watermark on each side of a stream, and are established as follows:

(1) A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.

(2) A minimum of 100 feet on each side of all streams draining an area greater than 20 square miles and up to 300 square miles.

(3) A minimum of 75 feet on each side of all streams draining an area greater than 0.5 square miles (320 acres) and up to 20 square miles.

(4) A minimum of 50 feet on each side of all streams draining an area greater than 0.05 square miles (32 acres) and up to 0.5 square miles (320 acres).

(5) A minimum of 30 feet on each side of all streams draining an area less than 0.05 square miles (32 acres).

(d) The following are exempt from the terms and protection of this chapter: grassy swales, roadside ditches, drainage ditches created at the time of subdivision to convey stormwater to another system, tile drainage systems, and stream culverts.

(e) The following shall apply to the Riparian Setback:

(1) Where the 100-year floodplain is wider than the Riparian Setback on either or both sides of the stream, the Riparian Setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or a site specific floodplain delineation in conformance with standard engineering practices and approved by the County of Summit Department of Building Standards.

(2) Because the gradient of the riparian corridor significantly influences impacts on the stream, the following adjustment for steep slopes will be integrated into the Riparian Setback formulae for width determination:

Average Percent Slope	Width of Setback
15% through 20%	Add 25 feet
Greater than 20% through 25%	Add 50 feet
Greater than 25%	Add 100 feet

Average percent slope of the streambank is to be calculated for the area within the Riparian setback and is to be measured as a line perpendicular to the stream channel at the location where structures or uses are proposed in the plan. All of the following measurements are to be performed using County of Summit Geographical Information system data (1994, 2000). Calculate slope as follows:

The change in elevation from the edge of the stream channel to the edge of the Riparian Setback divided by the horizontal map distance from the edge of the stream channel to the edge of the Riparian Setback.

(3) Where wetlands protected under federal or state law are identified within the Riparian Setback, the Riparian Setback shall consist of the full extent of the wetlands plus the following additional setback widths:

A. A 50 foot setback extending beyond the outer boundary of a Category 3 wetlands.

B. A 30 foot setback extending beyond the outer boundary of a Category 2 wetlands.

C. No additional setback will be required adjacent to Category 1 wetlands.

(4) Wetlands shall be delineated by a qualified professional under guidelines established by the US Army Corps of Engineers and Ohio Environmental Protection Agency and the delineation approved by the appropriate agencies. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.

(5) The applicant shall be responsible for delineating the Riparian Setback, including any expansions or modifications as required by subsections (b) through (e) of this section, and identifying this setback on all subdivisions, land development plans, and/or building permit applications. This delineation shall be done at the time of application of the preliminary plans, or all plans that are required, or at the time of submission of any permit applications. This delineation shall be subject to review and approval by the Summit SWCD. As the result of this review, the Summit SWCD may require further studies from the applicant.

(6) Prior to any soil disturbing activity, the Riparian Setback shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout soil-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.

(7) No approvals or permits shall be issued by the Village of Boston Heights prior to delineation of the Riparian Setback in conformance with these regulations.

(8) Upon completion of an approved subdivision, the Riparian Setback shall be permanently recorded on the plat records for the County of Summit.

(Ord. 10-2006. Passed 5-10-06.)

1181.05 USES PERMITTED IN THE RIPARIAN SETBACK.

(a) The following uses are permitted by right within the Riparian Setbacks without prior approval.

Open space uses that are passive in character shall be permitted in the Riparian Setback including, but not limited to, those listed in subsection (a)(1) through (3) hereof. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the Riparian Setback shall be preserved in its natural state.

(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing area.

(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.

(3) Revegetation and/or Reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the Village of Boston Heights. Species of shrubs and vines recommended for stabilizing flood prone areas along streams within the Village of Boson Heights are listed in the Appendix.

(b) The following uses are permitted by right within the Riparian Setbacks with prior approval of the design by the Summit Soil and Water Conservation District.

(1) Stream Bank Stabilization/Erosion Control Measures. Best Management Practices (BMPs) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only by undertaken upon approval of a Stormwater Pollution Prevention Plan (SWPPP or SW3P) by the Summit SWCD.

(2) All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.

(3) Placement of stormwater retention or detention facilities may be considered within the Riparian Setback if:

A. Stormwater quality treatment that is consistent with current state standards is incorporated into the basin.

B. The stormwater quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.

(Ord. 10-2006. Passed 5-10-06.)

1181.06 USES PROHIBITED IN THE RIPARIAN SETBACK.

The following uses are specifically prohibited within the Riparian Setback:

(a) Construction. There shall be no structures of any kind, except as permitted under these regulations. There shall be no storage of any kind.

(b) Dredging or Dumping. There shall be no drilling for petroleum or mineral products, mining activity, filling or dredging of soils, spoils, or any material, natural or man-made except as permitted under these regulations.

(d) Motorized Vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.

(e) Modification of Natural Vegetation. Modification of the natural vegetation shall be limited to conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; for such disturbances as are approved under these regulations, and for the passive enjoyment, access and maintenance of landscaping or lawns existing at the time of passage of these regulations.

Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the Riparian Setback provided the landowner allows for natural succession.

(f) Parking Lots. There shall be no parking lots or other human made impervious cover, except as permitted under these regulations.

(g) New Surface And/or Subsurface Disposal or Treatment Area. Riparian Setbacks shall not be used for the disposal or treatment of sewage except for:

(1) Undeveloped parcels that have received site evaluation approval and/or permit approval from Summit County Board of Health prior to enactment of this chapter.

(2) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Summit County Health department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the Riparian Setback can be upgraded with approval of the Summit County Health Department and/or the Ohio Environmental Protection Agency.

(Ord. 10-2006. Passed 5-10-06.)

1181.07 NON-CONFORMING STRUCTURES OR USES IN THE RIPARIAN SETBACK.

(a) Structures and uses within the Riparian Setback, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded except as set forth in this section.

(b) If damaged or destroyed, these structures or uses may be repaired or restored within one year from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owners own risk.

(c) A residential structure or use within the Riparian Setback existing at the time of passage of these regulations may be expanded subject to the provisions of subsections (c)(1) through (3) below:

(1) The expansion conforms to existing zoning regulations.

(2) The expansion must not impact the stream channel or the l00-year flood plain.

(3) The expansion must not exceed an area of fifteen percent (15%) of the footprint of existing structure or use that lies within the Riparian Setback. Expansions exceeding fifteen percent (15%) of the footprint within the Riparian Setback must be obtained through the variance process.

(d) Non-residential structure or use expansions will be permitted only through the variance process.

(Ord. 10-2006. Passed 5-10-06.)

1181.08 BOUNDARY INTERPRETATION AND APPEALS PROCEDURE.

(a) When an applicant disputes the boundary of the Riparian Setback or the ordinary high water mark of a stream the applicant shall submit evidence to the Summit SWCD that describes the boundary, presents the applicant's proposed boundary and presents all justification for the proposed boundary change.

(b) The Summit SWCD shall evaluate all materials submitted and shall make a written recommendation to the Board of Zoning Appeals within a reasonable period of time not to exceed sixty (60) days. A copy of this recommendation shall be submitted to the applicant. If during this evaluation the Summit SWCD requires further information to complete this evaluation, the applicant may be required to provide additional information.

(c) The Board of Zoning Appeals shall decide such boundary disputes. The party contesting the location of the Riparian Setback or the ordinary high water mark of the streams as determined by these regulations shall have the burden of proof in case of any such appeal.

(Ord. 10-2006. Passed 5-10-06.)

(d) At the time of filing the application for a hearing to resolve a dispute under this chapter, such application, plans and specifications shall be accompanied by the application fee established by Section 1101.05, and the Professional Fees, Costs and Review deposit established by Section 1101.06. (Ord. 2013-2-4. Passed 4-10-13.)

1181.09 VARIANCES WITHIN RIPARIAN SETBACK.

(a) Expansions of residential structures or uses exceeding fifteen percent (15%) of the footprint area and expansions of all non-residential structures or uses are subject to subsections(a)(1) through (4) below:

(1) The expansion otherwise conforms to the existing zoning regulations.

(2) The expansion must not impact the stream channel or the 100-year floodplain.

(3) The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or streambank erosion to landowners in those areas. A hydrologic study must be completed by the applicant only as a process of the variance application.

(4) The expansion of a non-residential structure or use will not exceed fifteen percent (15%) of the footprint area. The fifteen percent (15%) expansion limit is per the portion of the structure or use that lies within the Riparian Setback.

(b) Requests for variances within subdivisions will be considered for the following:

(1) An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare, and safety of the residents of the subdivision.

(2) A reduction of the setback width, not to exceed ten percent (10%) of the prescribed Riparian Setback width.

(1) Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline service stations, and road maintenance facilities.

(2) Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to stormwater runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.

(d) All variances, whether expansions or otherwise, must be approved by the Board of Zoning Appeals of the Village of Boston Heights.

(Ord. 10-2006. Passed 5-10-06.)

1181.10 INSPECTION OF RIPARIAN SETBACK.

(a) The Riparian Setback shall be inspected by the Summit SWCD:

(1) When a preliminary subdivision plat or other land development plan is submitted to the Village of Boston Heights.

(2) When a building or zoning permit is requested.

(3) Prior to any soil disturbing activity to inspect the delineation of the Riparian Setback as required under these regulations.

(b) The Riparian Setback shall also be inspected annually or as time permits by the Summit SWCD or approved monitoring entity for compliance with any approvals under these regulations or at any time evidence is brought to the attention of the Summit SWCD that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

(Ord. 10-2006. Passed 5-10-06.)

1183.01 PURPOSE AND SCOPE.

(a) The purpose of this Chapter is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of the Village of Boston Heights.

(b) This Chapter will:

(1) Allow development while minimizing increases in erosion and sedimentation.

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

(c) This Chapter applies to all parcels in the Village of Boston Heights used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing and all other uses that are not specifically exempted in Chapter 1183.

(d) This chapter does not apply to activities regulated by, and in compliance with the Ohio Agricultural Sediment Pollution Abatement rules. Rules 1501:15-5-01 to 15-5-18 of the Ohio Administrative Code as amended.

(Ord. 14-2007. Passed 8-8-07.)

1183.02 DEFINITIONS.

For purposes of this chapter, the following terms shall have the meaning herein indicated:

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

(b) BEST MANAGEMENT PRACTICES (BMPS): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to minimize soil erosion and sedimentation and to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

(c) CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A professional who has met the requirements of and has been certified by CPESC Inc.,

(d) COMMUNITY: Village of Boston Heights and its designated representatives, boards or commissions.

(e) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this chapter.

(f) 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.

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

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

(i) DRAINAGE AREA: The area of land contributing surface water to a specific point.

(j) 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.

(k) EROSION AND SEDIMENT CONTROL: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity or any combination of those forces.

(l) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles have been employed.

(m) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.

(n) LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

(o) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123 and 124 referred to as the National Pollution Discharge Elimination System (NPDES) Storm Water Phase II, must meet.

(p) NPDES: National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

(q) OHIO EPA NPDES GENERAL CONSTRUCTION PERMIT: A permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters, (Permit Number OHC000002 as amended).

(r) PARCEL: A tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a Permanent Parcel Number assigned by the Summit County Fiscal Office.

(s) PERSON: 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.

(t) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(u) PROFESSIONAL ENGINEER/SURVEYOR: A professional registered in the State of Ohio by the appropriate board.

(v) QUALIFIED INDIVIDUAL: Professional Engineers, Professional Surveyors and Landscape Architects registered in the State of Ohio or a Certified Professional in Erosion and Sediment Control as recognized by CPESC Inc.

(w) RAINWATER AND LAND DEVELOPMENT MANUAL (RWLD): Issued by Ohio Department of Natural Resources. The RWLD Manual contains Ohio’s minimum technical standards for post construction storm water quality and erosion and sediment control standards. The most current edition of these standards shall be applicable with this Chapter.

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

(y) SEDIMENT: The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces as a product of erosion.

(z) SEDIMENTATION: The deposition or settling of sediment.

(aa) SETBACK: A designated transition area around water resources or wetlands that is left in a natural, usually vegetated state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this Chapter.

(bb) SOIL DISTURBING ACTIVITY: Clearing, grubbing, 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 erosion and sediment pollution.

(cc) SOIL ERODIBILITY: The susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. Soil erodibility factors are available in the Summit County Soil Survey.

(dd) SUMMIT COUNTY STORM WATER MANAGEMENT MANUAL: Summit County’s storm water management requirements developed and updated by the County Engineer and utilized as a guide in the Village of Boston Heights.

(ee) SUMMIT SOIL & WATER CONSERVATION DISTRICT: A subdivision of the State of Oho organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Summit SWCD.

(ff) STABILIZATION: The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity or a combination of those forces.

(gg) STREAM: A surface water course with a well defined bed and bank; either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel. (ORC 6105.01)

(hh) STORM WATER POLLUTION PREVENTION PLAN (SWP3 OR SWPPP): The written document that sets forth the plans and practices to be used to meet the requirements of this chapter.

(ii) STORM WATER POLLUTION PREVENTION PLAN CHECKLIST: Details the minimum requirements of a SWP3 in Summit County, available at the Summit SWCD office.

(jj) UNSTABLE SOILS: A portion of land that is identified by the Village of Boston Heights Engineer, Summit County Building Standards and/or the Summit SWCD as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

(kk) WATER RESOURCE: Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(ll) 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. (33 CFR part 238, as amended).

(mm) WETLAND PROFESSIONAL: An individual with training and experience in wetland delineation acceptable to the Army Corps of Engineers.

(Ord. 14-2007. Passed 8-8-07.)

1183.03 DISCLAIMER OF LIABILITY.

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

(Ord. 14-2007. Passed 8-8-07.)

1183.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this chapter is in conflict with other provisions of law, regulations or ordinances, the most restrictive provisions shall prevail.

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

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

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

(Ord. 14-2007. Passed 8-8-07.)

1183.05 REGULATED ACTIVITIES.

This chapter requires that a Storm Water Pollution Prevention Plan (SWP3) be developed and implemented for all parcels of one (1) acre or more in the Village of Boston Heights and on which any regulated activity of Section 1183.01(c) is proposed. For parcels less than one acre in size a SWP3 may not be required; however, the owner shall comply with all other provisions of this ordinance. (Ord. 14-2007. Passed 8-8-07.)

1183.06 APPLICATION PROCEDURES.

(a) Soil Disturbing Activities Submitting a Storm Water Pollution Prevention Plan: The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the Summit SWCD and two (2) sets of the SWP3 to the Village of Boston Heights Engineer as follows:

(1) For Subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.

(2) For other construction projects: 30 days prior to soil disturbing activity.

(3) For general clearing projects: 30 days prior to soil disturbing activity.

(b) The Summit SWCD shall review the plans submitted pursuant to Section 1183.05(a) for conformance with current NPDES permit requirements and this chapter and approve, or return comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan. An approved SWP3 shall serve as a permit to commence soil disturbing activities following a pre- construction meetings.

(d) A pre-construction meeting must be held with the Summit SWCD inspector prior to earthwork activities. The applicant, contractor, and applicant’s engineer should be in attendance at the pre-construction meeting.

(e) A SWP3 for individual sublots in a subdivision may not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this chapter.

(f) Approvals issued in accordance with this chapter shall remain valid for one year. If regulations concerning erosion and sediment control or storm water quality change prior to the beginning of active construction, a new SWP3 may be requested.

(Ord. 14-2007. Passed 8-8-07.)

1183.07 STORM WATER POLLUTION PREVENTION PLAN.

(a) The applicant shall submit a Storm Water Pollution Prevention Plan (SWP3) consistent with the requirements of the most recent Ohio EPA NPDES general construction Permit. For specific requirements of a SWP3 the designer shall refer to the NPDES Ohio general construction permit and the Summit SWCD SWP3 Check list. The SWP3 must address erosion and sediment control during construction as well as post construction water quality practices. Post construction practices must meet the requirements of the NPDES Ohio general construction permit, the Summit County Storm Water Management Manual, and the Village of Boston Heights Engineer.

(b) The SWP3 shall be certified by a Qualified Individual.

(c) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources or other technical manuals approved by the Summit SWCD.

(d) Trapping Efficiency: All sediment basins and traps must maintain a minimum 75% trapping efficiency throughout the construction period as determined by engineering calculations contained within the Summit County Water Quality and Trapping Efficiency Program. The approved program to determine trapping efficiency is available through the Summit SWCD.

(e) Soils Erodibility Report. The Summit SWCD may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion. This report shall contain all the information listed below.

(1) Data regarding the nature and erodibility of existing soils.

(2) If applicable, data regarding the nature and erodibility of the soil to be placed on the site.

(3) Conclusions and recommendations for grading procedures.

(4) Conclusions and recommended designs for interim soil stabilization devices and measures, for permanent soil stabilization after construction is completed.

(Ord. 14-2007. Passed 8-8-07.)

1183.08 COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS.

All submittals are required to show proof of compliance with all state and federal regulations. Approvals issued in accordance with this chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. Army Corps of Engineers, and other federal, state and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below.

(a) 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) number from Ohio EPA, 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 NDPES Permit is not applicable.

(b) 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 by the U.S. Army Corps of Engineers at the time an application is made under this chapter.

(c) Ohio EPA Isoldated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland 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 is not applicable. Isolated Wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.

(d) 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 Engineer’s Nationwide Permit Program. This shall include one of the following:

(1) A statement from a qualified wetland professional who has determined that Section 404 of the Clean Water Act is not applicable.

(2) 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 by the U.S. Army Corps of Engineers at the time an application is made under this chapter.

(e) Ohio Dam Safety Law. Proof of compliance shall be a copy of the Ohio Department of Natural Resources Division of Water permit application tracking number, a copy of the project approval letter from the Ohio Department of Natural Resources Division of Water, or a letter from the applicant’s engineering certifying and explaining why the Ohio Dam Safety Law is not applicable.

(f) Chapter 1181 of the Codified Ordinances, Riparian Setbacks. Proof of compliance shall be a copy of the Summit SWCD approval letter and/or zoning certificate from those entities which have adopted the legislation. Riparian setbacks must be shown on the SWP3.

(Ord. 14-2007. Passed 8-8-07.)

1183.09 PERFORMANCE STANDARDS.

(a) The SWP3 must contain a description and location of all appropriate BMPs for each construction operation. Prior to the start of grading and within seven days from the start of grubbing the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the person(s) responsible for implementation. The time frame for SWP3 implementation shall be consistent with the current Ohio EPA NPDES construction permit. No project subject to this chapter shall commence without a SWP3 or approved by the Summit SWCD. No project subject to this chapter shall commence without a pre-construction meeting being held with the Summit SWCD. It will be the applicant’s responsibility to contact the SWCD.

(b) The applicant shall inform all contractors and subcontractors not otherwise defined as “operators” as defined in the Ohio EPA’s NPDES Permit, who will be involved in the implementation of the SWP3 of the terms and conditions of the SWP3. The applicant shall maintain a written document containing the signatures of all contractors and subcontractors involved in the implementation of the SWP3 as proof acknowledging that they have reviewed and understand the conditions and responsibilities of the SWP3. The written document shall be created and signatures shall be obtained prior to the commencement of work on the construction site. A copy shall be provided to the Summit SWCD prior to commencing with the project and on file at the Village of Boston Heights Town Hall.

(c) All projects regardless of the area of disturbance must utilize BMPs to minimize erosion and off site sedimentation. The controls shall include the following minimum components:

(1) During Active Construction.

A. Non-structural preservation measures: The applicant must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.

1. Stream protection. The requirements of Chapter 1181 Riparian Setbacks of the Codified Ordinances of the Village of Boston Heights shall be followed.

2. Wetland protection. The setback requirements of the Village of Boston Heights shall be followed in addition to county, state and federal regulations.

B. Erosion control practices. The applicant must make use of erosion controls that are capable of providing cover over 70% of disturbed soils. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.

C. Runoff control practices. The applicant must make use of measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.

D. Sediment control practices. The applicant must install structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 7 days. Such practices may include, among others, sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding or filtering runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.

E. Non-sediment pollution controls. No solid or liquid waste, including building materials and concrete wash out water shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands.

F. Compliance with other requirements. The SWP3 shall be consistent with applicable state and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning and shall provide for the proper disposal of contaminated soils located within the development area.

G. Trench and ground water control. There shall be no sediment laden or turbid discharge to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.

H. Applicant inspections. An initial inspection of all erosion and sediment control practices shall be conducted by a qualified individual to certify that the installations comply with the approved SWP3. All controls on the site shall be inspected by the applicant’s agent at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The applicant shall assign a qualified individual to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Internal inspections and documentation of corrective actions taken must be made available upon request.

I. Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Summit SWCD.

1. When inspections reveal the need for repair, replacement or installation of erosion and sediment control BMPs, the following procedures shall be followed:

a. When practices require repair or maintenance. If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.

b. When practices fail to provide their intended function. If an inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.

c. When practices depicted on the SWP3 are not installed. If an inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

J. Final stabilization. All soil disturbing activities are complete and a uniform perennial vegetative cover with a density of 70 percent coverage for the area has been established on all unpaved areas and areas not covered by permanent structures. In addition, all temporary erosion and sediment control practices have been removed and disposed of in an acceptable manner.

(2) Post construction water quality practices.

A. Non-structural water quality practices. Non-structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources, or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.

1. All non-structural water quality practices must be protected from disturbance through the construction phase of the project.

2. All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.

B. Structural water quality practices. Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration or infiltration.

1. All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during the development sediments must be removed prior to the basin being used for post construction storm water quality.

2. Maintenance. The post construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.

(Ord. 14-2007. Passed 8-8-07.)

1183.10 FEES. (REPEALED)

(EDITOR’S NOTE: Former Section 1183.10 was repealed by Ordinance 2013-2-4, passed April 10, 2013.)

1183.11 BOND.

If a Storm Water Pollution Prevention Plan is required by this chapter, then a performance and maintenance bond shall be posted with the Village, payable to the Village of Boston Heights in an amount to be determined by the Village Engineer. The Bond must be issued by a recognized and approved bonding company acceptable to the Village Engineer. No project shall be released from such bond if there is a failure to comply with an approved SWP3. (Ord. 2013-2-4. Passed 4-10-13.)

1183.12 ENFORCEMENT.

(a) All development areas will be subject to inspections by the Summit SWCD and/or the Village of Boston Heights Engineer to ensure compliance with the approved SWP3.

(b) After each inspection the Summit SWCD and/or Village of Boston Heights Engineer may prepare and distribute a status report to the applicant.

(c) If an inspection determines that operations are being conducted in violation of the approved SWP3, the Summit SWCD and/or Village of Boston Heights may take action as detailed in Section 1183.14. (Ord. 14-2007. Passed 8-8-07.)

1183.13 VIOLATIONS.

(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.

(b) If the SWCD and/or Village of Boston Heights Engineer determines that a violation of the rules adopted under this section exists, the SWCD and/or the Village of Boston Heights Engineer shall issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity. In addition, if the SWCD and/or the Village of Boston Heights Engineer determines such a rule violation exists, regardless of whether or not the violator has obtained the proper permits, the SWCD and/or the Village of Boston Heights Engineer, shall authorize the issuance of a notice of violation.

(c) If after a period of not less than thirty (30) days has elapsed following the issuance of the notice of violation, the violation continues, the SWCD and/or the Village of Boston Heights Engineer shall issue a second notice of violation. Except as provided in division (f) of this section, if, after a period of not less than fifteen (15) days has elapsed following the issuance of the second notice of violation, the violation continues, the SWCD and/or the Village of Boston Heights Engineer shall issue a stop work order after first obtaining the written approval of the Village of Boston Heights Solicitor, if, in the opinion of the Prosecutor, the violation is egregious.

(d) Once a stop work order is issued, the SWCD shall request in writing, the Village of Boston Heights Solicitor to seek an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules adopted under this section.

(e) If the Prosecutor seeks an injunction or other appropriate relief then, in granting relief, the Summit County Court of Common Pleas may order the construction of sediment control improvements or implementation of other control measures and may assess a civil fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day of violation of a rule or stop work order issued under this section shall be considered a separate violation subject to a civil fine.

(f) No stop work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the County or the chief of the Division of Soil and Water Conservation in the Ohio Department of Natural Resources.

(g) Notwithstanding subsection (b) - (f) hereof, if the County Executive determines that a violation of any rule adopted or administrative order issued under this section exists, the Mayor of the Village of Boston Heights may request, in writing, the Village of Boston Heights Solicitor to seek an injunction or other appropriate relief in the Summit County Court of Common Pleas to abate excessive erosion or sedimentation and secure compliance with the rules or order, improvements or implementation of other control measures, and may assess a civil fine of not less than one hundred nor more than five hundred dollars. Each day of violation of a rule adopted or administrative order issued under this section shall be considered a separate violation subject to a civil fine.

(h) The Village of Boston Heights Planning Commission may deny the issuance of any further plat approvals for the property in question until the site is brought into compliance with this chapter.

(i) The Summit County Department of Building Standards and the Village of Boston Heights may suspend the issuance of occupancy certificates within developments that are not in compliance with this chapter.

(j) The Village of Boston Heights Engineer’s Office may suspend the inspection of site improvements and/or refuse the release of bonds on developments that are not in compliance with this chapter.

(Ord. 14-2007. Passed 8-8-07.)

1183.14 APPEALS.

Any person aggrieved by any order, requirements, determination or any other action or inaction by the Village of Boston Heights in relation to this chapter may appeal to the Court of Common Pleas. Written notice of appeal shall be served on the Village of Boston Heights and a copy shall be provided to the Summit SWCD.

(Ord. 14-2007. Passed 8-8-07.)

1183.15 SWCD AGREEMENT.

The Mayor of the Village of Boston Heights is hereby authorized to negotiate an agreement with the Summit SWCD on behalf of the Village of Boston Heights to ensure the Summit SWCD performs its duties in accordance with this chapter. Council’s authorization is required prior to the execution or amendment of such agreement.

(Ord. 14-2007. Passed 8-8-07.)

CODIFIED ORDINANCES OF BOSTON HEIGHTS