The purpose of this chapter is to:

   (a)   Reduce impacts due to soil erosion and sedimentation caused by construction activities.

   (b)   Reduce damage to the receiving streams and drainage systems caused by increases in sedimentation discharged from development activities.

   (c)   Reduce deterioration of the quality of the receiving waters.

   (d)   Reduce downstream flooding by controlling runoff.

   (e)   Establish a basis for design of storm water management facilities.

   (f)   Provide for perpetual maintenance of storm water runoff quality and quantity.

(Ord. 2019-13. Passed 6-18-19.)

   (a)   For the purpose of this chapter:

      (1)   Words used in the present tense include the future tense, and the singular includes the plural unless the context clearly indicates the contrary.

      (2)   The term "shall" is always mandatory and not discretionary; the word "may" is permissive.

      (3)   Any word or term used in these regulations but not defined in this section shall be given the standard or common interpretation.

   (b)   As used in this chapter:

      (1)   "Applicant" means the developer, owner or contractor applying for the zoning permit or occupancy permit.

      (2)   "Best Management Practices (BMP's)" means activities, practices and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the Village determines appropriate for the control of pollutants.

      (3)   "Zoning permit" means the permit to start construction issued by the Zoning Inspector.

      (4)   "Village" means the Village of Doylestown.

      (5)   "Channel" means a natural stream that conveys water or a man-made structure or ditch excavated for the flow of water.

      (6)   "Concentrated storm water runoff" means surface runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.

      (7)   "Conservation" means the wise use and management of natural resources.

      (8)   "Cut and fill slopes" means a portion of land surface or area from which soil material is excavated and/or filled, forming a slope or embankment.

      (9)   "Wayne County Soil and Water Conservation District" means the local section of Ohio Department of Natural Resources, organized under R.C. Chapter 1515.

      (10)   "Denuded area" means a portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered and which may result in or contribute to erosion and sedimentation.

      (11)   "Development area" means any tract, lot or parcel of land where an earth-disturbing activity is to be performed in accordance with a single plan of development.

      (12)   "Drainage pattern" means the path of flow of storm water runoff and the methods of collecting the water including sheet flows, ditches, swales, storm sewers, culverts, manholes, catch basins, trench drains, detention and retention basins and ponds.

      (13)   "Earth-disturbing activity" means any clearing, grubbing, grading, excavating, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed.

      (14)   "Engineer" means the person selected by the Village Council to perform professional engineering services.

      (15)   "Erosion" means the process by which the land surface is worn away and relocated by the action of water, wind, ice or gravity.

      (16)   "Erosion and sediment control practices" means conservation measures used to control wearing away and movement of soils and may include structures, vegetation and management techniques.

      (17)   "Federal Clean Waters Act" means the Federal Water Pollution Control Act (33 V.S.C. Section 1251 et seq.) and any subsequent amendments thereto and its aim is to control and regulate the discharge of pollutants into all waters.

      (18)   "Grading" means earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, dumping or any combination thereof.

      (19)   "Grubbing" means removing, clearing or scalping material such as roots, stumps or sod.

      (20)   "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity, in which the movement of the soil mass occurs along an interior surface of sliding.

      (21)   "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" means general, group and individual storm water discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act.

      (22)   "Notice of intent (NOI)" means an application form submitted to the Ohio Environmental Protection Agency (OEPA) whereby the applicant certifies their intent to comply with the general permit requirements of the NPDES permit.

      (23)   "OEPA" means the Ohio Environmental Protection Agency.

      (24)   "Outfall" means an area where water flows from a structure, such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure, which is impacted by the velocity of flow in the structure.

      (25)   "Permit holder" means the person or entity with a zoning permit.

      (26)   "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the Federal government or any combination thereof.

      (27)   "Post development" means the condition and drainage pattern after an earth disturbing activity has been completed.

      (28)   "Project site" means development area.

      (29)   "Qualified inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possesses the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of storm water discharges from the construction activity.

      (30)   "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface.

      (31)   "Sediment barrier" means a sediment control device such as a geotextile silt fence or filter strip, usually capable of controlling only small flow rates and as defined in "Rainwater and Land Development", (latest edition) Ohio's Standards for Stormwater Management Land Development and Urban Stream Protection (available from Ohio Department of Natural Resources, Division of Soil and Water Conservation).

      (32)   "Sediment settling facility" means a settling pond, meeting or exceeding the design specifications of a temporary sediment basin as defined in "Rainwater and Land Development", (latest edition) Ohio's Standards for Stormwater Management Land Development and Urban Stream Protection (available from Ohio Department of Natural Resources, Division of Soil and Water Conservation).

      (33)   "Sediment control" means the limiting of sediment transport by controlling erosion or detaining sediment-laden water, allowing sediment to settle out and the implementing of Best Management Practices (BMPs).

      (34)   "Sensitive area" means an area or water resource (as delineated prior to storm water pollution prevention plan approval) that requires special management because of its susceptibility to sediment pollution or because of its importance to the well-being of the surrounding communities, the region or the state and includes:

         A.   Ponds, wetlands or small lakes with less than five (5) acres of surface area;

         B.   Small streams with gradients less than ten (10) feet per mile and with average annual flows of less than three and one-half (3-1/2) feet per second containing sand or gravel bottoms;

         C.   Drainage areas of a locally or state designated scenic river; and

         D.   Slopes in excess of twenty-five percent (25%).

      (35)   "Settling pond" means a storm water runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.

      (36)   "Sheet flow" means water runoff in a thin, uniform layer, or in rills, which is of small enough quantity to be treated by sediment barriers.

      (37)   "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.

      (38)   "Soil" means erodible earth material.

      (39)   "Storm water pollution prevention plan (SWPPP)" means a plan of the development area showing the proposed implementation of Best Management Practices.

      (40)   "Stream" means a body of water running or flowing on the earth's surface or the channel in which such flow occurs. Flow may be seasonally intermittent.

      (41)   "Unstable soil" means a portion of the land surface which is prone to slipping, sloughing or landslides or is identified by Soil Conservation Service, USDA methodology as having a low soil strength.

      (42)   "Water resources" means all streams, lakes, ponds, wetlands, water courses, waterways, drainage systems and all other bodies or accumulations of surface water, which are situated wholly or partly within the Village except those private waters which do not combine or effect a junction with natural surface waters.

      (43)   "Wetlands" means those areas of land with sufficient moisture, soil type and supporting vegetation consistent with the definition of the United States Army Corp of Engineers (USACE). Wetlands shall be identified by an ecological resource specialist.

(Ord. 2019-13. Passed 6-18-19.)

   This chapter applies to earth disturbing activities involving new, relocated or expanded underground cables, pipelines, residential or commercial subdivisions, industrial, commercial and public areas, and all other land uses not specifically exempted as described in Section 1181.04. This chapter also applies if the earth disturbing activity is only clearing by cutting trees that would change the storm water runoff pattern.

(Ord. 2019-13. Passed 6-18-19.)

   This chapter does not apply to:

   (a)   Land disturbing activities related to producing agricultural crops or silvicultural operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules.

   (b)   Strip mining operations regulated by R.C. Chapter 1513.

   (c)   Surface mining operations regulated by R.C. Chapter 1514.

   (d)   Earth disturbing activities involving an individual home site or an area less than one (1) acre.

   (e)   Linear construction projects, such as pipeline or utility installation, which do not result in installation of impervious surface and are independent of other construction projects.

(Ord. 2019-13. Passed 6-18-19.)

   Applicants shall comply with all of the following provisions where applicable:

   (a)   The provisions of the Ohio Department of Natural Resources "Ohio Dam Safety Laws".

   (b)   The provisions of the National Pollution Discharge Elimination System (NPDES) as administered by the United States and the Ohio Environmental Protection Agencies. If an NPDES permit is required, a notice of intent (NOI) must be submitted to the OEPA. A copy of the NPDES permit or an EPA-signed statement saying that the permit is not needed shall be provided to the City. When required, the "SWPPP" shall be submitted to the Wayne County Soil and Water Conservation District for review.

   (c)   The provisions of the U.S. Army Corps of Engineers, Section 404 permits for Federally protected water resources, including wetlands, streams and lakeshores.

   (d)   The Federal Clean Waters Act (33 U.S.C. Sec 1251 et seq.).

(Ord. 2019-13. Passed 6-18-19.)

   Each application for a zoning permit for projects as defined in Section 1181.03 shall include a comprehensive storm water management plan that complies with Chapter 1183.

(Ord. 2019-13. Passed 6-18-19.)

   (a)   After the Zoning Inspector issues a permit to construct, the permit holder shall notify the Village Engineer, who provides site inspection, at least two (2) working days prior to any earth disturbing activities in the development area.

   (b)   All permitted earth-disturbing activities shall be subject to site inspection by the Village Engineer, to determine compliance with this chapter.

   (c)   The Planning Commission may grant a variance from the provisions of this chapter where the applicant can show that compliance with all or part of such provisions is not appropriate. A variance may be granted if the probability of offsite damage is slight because of exceptional topographic or other physical conditions of the development area. The issuance of a variance does not eliminate obligations to meet Ohio Environmental Protection Agency requirements. Requests for variances shall be submitted in writing to the Planning Commission and shall include justification for the granting of the variance.

(Ord. 2019-13. Passed 6-18-19.)

   (a)   Storm drainage improvements and facilities which are located within public rights-of-way or on public property shall be dedicated to the Village for ownership and maintenance unless such requirement is specifically waived by the Village.

   (b)   Where facilities intended to be owned and/or maintained by the Village cross or are located on private property, an easement for the maintenance, repair, and replacement of such facilities shall be provided to the Village.

   (c)   Storm water management facilities located on private property and intended to be held in private ownership shall provide an agreement and/or plan for the perpetual maintenance of such facilities including provisions for funding maintenance provisions. The post-construction operation and maintenance plan shall be a stand alone document which designates the entity responsible for inspection and maintenance, the routine and non-routine maintenance tasks to be performed, a schedule for maintenance and inspections, and all necessary legally binding easements and agreements.

   (d)   The Village shall be a beneficial party to all storm water management facilities and provisions and their perpetual maintenance. The Village shall have the right, but no obligation, to inspect such facilities and provisions and to require implementation of maintenance and/or repair measures as determined to be necessary and appropriate for the continued proper functioning of such storm water management facilities. Failure to comply with directives to maintain or repair facilities shall constitute a violation of this chapter.

(Ord. 2019-13. Passed 6-18-19.)

   Permits and deposits for plan review services and inspectional services shall be in accordance with the provisions and requirements of Chapter 1183.

(Ord. 2019-13. Passed 6-18-19.)

   Violation of or noncompliance with any of the provisions of this chapter shall be deemed to be a violation of the Zoning Code under Section 1105.99 therein.

(Ord. 2019-13. Passed 6-18-19.)