Defiance City Zoning Code
CHAPTER 1174
Storm Water Management Regulations
1174.01 PURPOSE.
(a) The intent of these regulations is to establish consistent, technically feasible, and operationally practical standards to achieve a level of storm water management and erosion and sediment control that will minimize damage to public and private property, and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City.
(b) This regulation further intends, but is not limited, to:
(1) Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.
(2) Protect and maintain the receiving stream's physical, chemical, biological characteristics and stream functions.
(3) Provide perpetual management of storm water run-off quality and quantity.
(4) Require the incorporation of water quality protection that encourages and promotes habitat preservation into the construction of storm water management practices.
(5) Reduce damage to receiving water resources and drainage systems that are caused by new development or redevelopment activities.
(6) Control storm water run-off resulting from soil disturbing activities.
(7) Assure that development site owners control the volume and rate of storm water run-off originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased.
(8) Preserve to the maximum extent practicable the natural drainage characteristics of the building site and minimize the need to construct, repair, and replace enclosed storm drain systems.
(9) Preserve to the maximum extent practicable natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
(10) Assure that storm water controls are incorporated into site planning and design at the earliest possible stage.
(11) Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
(12) Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate soil erosion, sediment and storm water control.
(13) Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water management.
(14) Require the construction of storm water management practices that serve multiple purposes including flood control, soil erosion and sediment control, and require water quality protection; and encourage such practices that promote recreation and habitat preservation.
(15) Ensure that all storm water management, soil erosion and sediment control practices are properly designed, constructed, and maintained.
(Ord. 8592. Passed 7-2-24.)
1174.02 APPLICABILITY.
(1) Highways;
(2) Underground cables;
(3) Pipelines;
(4) Subdivisions;
(5) Industrial projects;
(6) Commercial projects;
(7) Building activities on farms;
(8) Redevelopment of urban areas; and
(9) All other land uses not specifically exempted.
(b) It is not the role of the city to point out each and every part of the rules and how to implement them on the individual job sites. It is the project owner's responsibility to be proactive in meeting the intent, purpose and requirements of these regulations.
(Ord. 8592. Passed 7-2-24.)
1174.03 EXEMPTIONS.
Chapter 1174 Storm Water Management Regulations does not apply to:
(a) Land disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (OAC 1501: 15-3-01 to 1501: 15-3-09) and existing at the time of passage of this regulation.
(b) Mining operations regulated by ORC Chapter 1513 and existing at the time of passage of this regulation.
(c) Surface mining operations regulated by ORC Chapter 1514 and existing at the time of passage of this regulation.
(d) Construction activities that do not include the installation of any impervious surface (e.g., soccer fields), abandoned mine reclamation activities regulated by the Ohio Department of Natural Resources, stream and wetland restoration activities, and wetland mitigation activities.
(e) Linear construction projects, (e.g., pipeline or utility line installation), which do not result in the installation of impervious surface and are independent of other construction projects (e.g., not part of a larger common plan of development or sale). However, linear construction projects must be designed to minimize the number of stream crossings and the width of disturbance and achieve final stabilization of the disturbed area as defined in Chapter 1185 Definitions.
(f) Transportation projects that are subject to industry specific Ohio EPA rules.
(Ord. 8592. Passed 7-2-24.)
1174.04 CONFLICTS, SEVERABILITY, NUISANCES, AND RESPONSIBILITY.
(a) Where this section imposes a greater restriction upon land than is imposed or required by other City provisions of law, ordinance, contract or deed, the provisions of this section shall prevail.
(b) If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(c) These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of these regulations shall not be a defense in any action to abate such nuisance.
(d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the city, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(e) Disclaimer of Liability. Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
(Ord. 8592. Passed 7-2-24.)
1174.05 COMPLIANCE WITH OTHER RULES AND REGULATIONS.
Approvals issued in accordance with these regulations 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. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with Storm Water Pollution Prevention Plans.
(a) Ohio EPA National Pollutant Discharge Elimination System (NPDES) Permits Authorizing Storm Water Discharge Associated with Construction Activity (or the most current version thereof). Proof of compliance with these requirements shall be:
(1) The applicant's Notice of Intent (NOI) number from the Ohio EPA;
(2) A copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit; or
(3) A letter from the site owner certifying why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act.
(1) Proof of compliance shall be:
A. A copy of the Ohio EPA Water Quality Certification application tracking number;
B. Public notice;
C. Project approval; or
D. 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.
(2) 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 of application of this regulation.
(c) Ohio EPA Isolated Wetland Permit.
(1) Proof of compliance shall be:
A. A copy of the Ohio EPA's Isolated Wetland Permit application tracking number;
B. Public notice;
C. Project approval; or
D. A letter from the site owner certifying that a qualified professional has surveyed the site and determined that the Ohio EPA's Isolated Wetland Permit is not applicable.
(2) Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act.
(1) Proof of compliance shall be:
A. A copy of the U.S. Army Corps of Engineers Individual Permit application;
B. Public notice; or
C. Project approval.
(2) 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:
A. A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
B. A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law. Proof of compliance shall be:
(1) A copy of the ODNR Division of Water permit application tracking number;
(2) A copy of the project approval letter from the ODNR Division of Water; or
(3) A letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 8592. Passed 7-2-24.)
1174.06 CONSULTATIONS.
(a) In implementing these regulations, the City Engineer, or other City officials, may consult with the Defiance Soil and Water Conservation District (SWCD), state and federal agencies, and other technical experts as necessary.
(b) Any costs associated with such consultations may be assessed to the applicant or the applicant's agent. (Ord. 8592. Passed 7-2-24.)
1174.07 COMPREHENSIVE STORM WATER MANAGEMENT PLAN.
(a) The Construction Site Plan developed to meet these regulations will be coordinated and combined with the Riparian/Wetland Setback Plan and the Post-Construction Plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to comprise the Comprehensive Storm Water Management Plan for the site.
(b) The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by the Ohio EPA as part of the NPDES Storm Water Permit for General Construction and as the Storm Water Run-Off Control required by the City. (Ord. 8592. Passed 7-2-24.)
1174.08 CONSTRUCTION SITE PLAN.
In order to control storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands, the owner of each development area shall be responsible for developing a comprehensive Construction Site Plan.
(a) This plan will address storm water management (volume and peak rate of run-off), soil erosion, sediment and other wastes control.
(b) This plan must contain a description of controls appropriate for each construction operation covered by these regulations, and the operator must implement the planned controls in a timely manner.
(c) The plan and Best Management Practices (BMPs) used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual.
(d) The plan must make use of the practices that preserve the existing natural condition to the Maximum Extent Practicable (MEP).
(e) The plan shall identify the subcontractors engaged in activities that could impact storm water run-off.
(f) The Construction Site Plan shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the Construction Site Plan.
(g) Detailed requirements for storm water management plans are found in the City of Defiance Storm Water Management standards. These standards are found in the City of Defiance Engineering Handbook.
(Ord. 8592. Passed 7-2-24.)
1174.09 POST-CONSTRUCTION PLAN.
In order to control post-construction water quality damage and damage to public and private lands, the owner of each development area shall be responsible for developing a post-construction plan as part of the Comprehensive Storm Water Management Plan. The detailed requirements of the post-construction plan can be found in the City of Defiance Engineering Handbook.
(a) This plan will be combined with the construction site plan and the riparian/wetland setback plans that are also developed for the site.
(b) This plan will contain a description of controls appropriate for each construction operation covered by these regulations, and the operator will implement such controls in a timely manner.
(c) The BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual or other manual that is acceptable to the City Engineer.
(d) The plan must make use of the practices that preserve the existing natural condition to the MEP.
(e) To meet the post-construction requirements of this regulation, the post-construction water quality plan must contain a description of the post-construction BMPs that will be installed during construction for the site and the rationale for their selection. The rationale must address the anticipated impacts on the channel and flood plain morphology, hydrology, and water quality.
(f) Structural post-construction BMPs cannot be installed within state surface water (e.g., wetland or stream) unless it is authorized by a Clean Water Act Section 401 water quality certification and/or Clean Water Act Section 404 Permit.
(g) This plan will identify the person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development.
(h) Long-term maintenance requirements and schedules of all BMPs for both the construction and post-construction phases of the development will be provided as a stand-alone document to the post-construction operator and the City.
(1) This plan will contain long-term maintenance inspection schedules, including the printed name and contact point of the post-construction landowner (e.g., president of the homeowners association, store manager, apartment complex manager, etc.).
(2) This plan will identify the person or entity that will serve as the post-construction operator who will be financially responsible for maintaining the perpetual inspection and maintenance of permanent storm water conveyance and storage structures and other conservation practices.
(3) The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices will be identified.
(4) Maintenance plans must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, state, and federal regulations.
(5) Maintenance plans must include legally binding perpetual maintenance easements and agreements. Easement documents must provide for community access.
(6) Detailed requirements for post-construction plans are found in the City of Defiance Storm Water Management standards. These standards are found in the Engineering Handbook.
(Ord. 8592. Passed 7-2-24.)
1174.10 REDEVELOPMENT PROJECTS.
Sites that have been previously developed where no post-construction BMPs were installed shall comply with the standards of the City of Defiance Engineering Handbook.
(Ord. 8592. Passed 7-2-24.)
1174.11 EASEMENTS REQUIRED.
Future access to flood plains, flood control facilities, run-off drainage ditches and channels, run-off storage facilities, storm sewers and other drainage ways and structures, permanent vegetative and/or mechanical post-construction water quality conservation practices (BMPs) and other areas, as required by the city engineer, shall be secured by means of easements. Widths of required easements may be modified by the city engineer based on site-specific conditions and best practices.
(a) The easements shall be recorded in the name of the City and, in single-family residential developments, the homeowners association.
(b) Such easements shall be not less than thirty (30) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Access easements of this type shall be provided on one side of the flood control or storm drainage ditch, channel, or similar type facility.
(c) Access along the initial drainage system shall be by means of easements. Such easements shall be not less than thirty (30) feet in width, with a minimum fifteen (15) foot width on either side of the centerline.
(d) Access adjacent to storage facilities shall consist of a thirty (30) foot easement in the case of detention (dry) basins, and a 30 foot easement with a thirty (30) foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
(e) Easements for the emergency flow ways shall be a minimum of thirty (30) feet in width, or as directed by the City Engineer.
(f) Flood control or storm drainage easements containing underground facilities shall have a minimum width of thirty (30) feet, or as directed by the City Engineer.
(g) The easements shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
(Ord. 8592. Passed 7-2-24.)
1174.12 MAINTENANCE.
Any portion of the permanent drainage, soil erosion and sediment control systems, post-construction management systems, including on-site and off-site treatment/storage facilities that are constructed by the owner, will be continuously maintained into perpetuity.
(a) Detail drawings and maintenance plans must be provided for all post-construction BMPs.
(b) Maintenance plans must ensure that pollutants collected within structural post-construction BMP practices are disposed of in accordance with local, state and federal guidelines.
(c) Maintenance plans shall be provided by the permittee to both the city engineer and the post-construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the city engineer giving final approval for the completed construction.
(d) Single-Family and Multi-Family Residential Developments. A homeowners' association shall be created and placed in title of the affected lands and shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the City.
(e) Apartments, Commercial and Industrial Developments. The plans will clearly state that the owner of the property shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless the City officially accepts such maintenance and inspections.
(f) Maintenance Design.
(1) All temporary and permanent soil erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements.
(2) Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities.
(3) All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans.
(4) Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational.
(g) Perpetual Maintenance Inspections. One inspection with a written report will be performed each year. The written report will be given to the City Engineer by May 1st of each and every year after the BMP has been completed.
(1) Structures Requiring a Permit from the Ohio Division of Water.
A. A written and stamped report from a professional engineer on the status of all structural BMPs that require a permit from the Ohio Department of Natural Resources (ODNR) Division of Water.
B. This applies to all BMPs that require a permit either at the time of construction or fall under the jurisdiction of the ODNR Division of Water at any time after construction is completed.
(2) Easements.
A. A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the City Engineer by May 1st of each year into perpetuity.
B. These reports will document if restricted plantings, fences and structures are on the easement and will identify the location of the noted easement restriction violations.
(3) Best Management Practices (BMPs). BMPs that do not have a high risk for loss of life, bodily injury, or damage to structures or infrastructure related to imminent failure as determined by the City Engineer require a written and stamped report from a professional engineer, landscape architect or a Certified Professional In Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements to be submitted to the City Engineer by May 1st of each year into perpetuity.
(4) BMPs with a Potential Loss of Life. A written and stamped report covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction.
(Ord. 8592. Passed 7-2-24.)
1174.13 MINIMUM CONSTRUCTION AND POST-CONSTRUCTION STANDARDS.
In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation for construction and post-construction as established in the City of Defiance Storm Water Management standards. These standards are found in the Engineering Handbook.
(Ord. 8592. Passed 7-2-24.)
1174.14 CONSTRUCTION AND MAINTENANCE GUARANTEE.
(a) All permanent storm water, soil erosion, other wastes control, and water quality practices not specifically waived by the City shall be constructed prior to the granting approval of the development plan.
(b) Upon the request of the owner, the City may defer the construction or installation of a permanent storm water, soil erosion, sediment, or other wastes control or water quality practice prior to the approval of the development plan where, in the City Engineer's judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures.
(c) In such event, the City shall require a security bond, escrow account, certified check or cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six months after the approval of the development plan.
(d) The owner will provide a maintenance guarantee for all permanent improvements, and soil erosion, wastes controls, and water quality practices.
(e) The City shall require a security bond, escrow account, certified check or cash to guarantee that the planned temporary and permanent soil erosion, sediment, and other wastes controls and water quality practices will be constructed and removed in a timely manner, as determined by the City Engineer.
(f) Performance and Maintenance Guarantee.
(1) The guarantee of both performance and maintenance will be in the form of a security bond, escrow account, verified check or cash.
(2) The security bond, escrow account, verified check or cash will be used by the City to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment, and other wastes control practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the City Engineer.
(3) The security bond, escrow account, verified check or cash will be in the total amount of both the performance guarantee and the maintenance guarantee.
(4) Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in the ORC Chapter 711.101.
(5) Security bond, escrow account, verified check or cash shall be deposited with the City prior to review by the city engineer and/or its consultants to cover professional services of the City Engineer, Zoning Commissioner, and/or other experts required by the City Engineer.
(6) No soil disturbing activities shall be permitted until a security bond, escrow account, verified check or cash has been posted to the satisfaction of the City Engineer sufficient for the City to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation.
(7) The security bond, escrow account, verified check or cash shall be released only after all work required by this regulation has been completed to the satisfaction of the City Engineer and all permit and inspection fees required by these regulations have been paid in full.
(8) No project subject to this regulation shall commence without the construction site plan having been approved by the City Engineer.
(9) Performance Guarantee. The furnishing of a performance guarantee will be maintained in an amount of not less than 120% of the estimate approved by the City Engineer, of installation of the deferred improvements.
(10) Maintenance Guarantee. The maintenance guarantee shall be maintained for a period of not less than two (2) years after final acceptance of the storm water, soil erosion, sediment, and other wastes control practices in an amount equal to twenty percent (20%) of the estimate approved by the City Engineer, of the construction and, where necessary, removal of such practices.
(g) Time Extension. The City Engineer may extend for cause the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner.
(h) Completion. Upon completion of the construction of improvements or temporary and/or permanent soil erosion, sediment, and other wastes control practices and the removal of the temporary soil erosion, sediment, and other wastes control practices for which the performance guarantee has been provided, the owner shall notify the City Engineer of this fact, and provide a copy of the Notice of Termination (NOT) from OEPA.
(i) Inspection. The City will not release the security bond, escrow account, verified check or cash guarantee until the City Engineer has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed.
(j) Slow Release Devices. Performance and maintenance guarantees will be maintained on the temporary sediment removal slow release devices installed in detention and retention basins until the entire site has reached final soil stabilization.
(k) Release. The construction maintenance guarantee shall not be released by the City until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of, and any trapped sediment has been stabilized.
(Ord. 8592. Passed 7-2-24.)
1174.15 VIOLATIONS.
No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations. (Ord. 8592. Passed 7-2-24.)
1174.16 PENALTIES.
(a) Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than 180 days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop.
(1) Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed.
(2) In instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of their assistants, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the City Engineer.
(Ord. 8592. Passed 7-2-24.)
1174.17 STORM WATER MANAGEMENT PLAN REVIEW.
(a) General.
(1) The construction plan will be combined with the post-construction plan and riparian/wetland setback plan that have also been developed for the site.
(2) Storm water management plan review is subject to review and approval by the City Engineer as established in Section 1165.12 Storm Water Management Plans.
(b) Other Permits Required.
(1) Plans developed by the site owners and approved by the City in accordance with this regulation do not relieve the site owner of responsibility for obtaining and complying with all other necessary permits and/or approvals from federal, state, county, and local agencies and departments.
A. If requirements vary, the most stringent requirement shall be followed.
B. Plans submitted to the City Engineer for review and approval, shall be accompanied by all other required permits and documentation relevant to the project, including but not limited to the permits required and issued by the U.S. Army Corps of Engineers, the Ohio EPA and ODNR Division of Water.
(2) No soil disturbing activity shall begin before all necessary local, county, state, and federal permits have been granted to the owner or operator.
(c) Inspection Required. The City will perform construction inspections until the site reaches final stabilization as determined by the City Engineer.
(Ord. 8592. Passed 7-2-24.)