Fairborn City Zoning Code
PART NINE
STREETS, UTILITIES AND PUBLIC SERVICES CODE
901.01 ADMINISTRATION.
The City Manager shall establish all necessary administrative regulations and procedures necessary in carrying out the provisions of this chapter.
(Ord. 2-06. Passed 1-17-06.)
901.02 PERMIT.
(a) No person shall:
(1) Cut open the surface of any public streets or sidewalks;
(2) Cut any curbs
without first obtaining a permit form the City Engineer.
(b) Such person shall make application on a form provided by the City. The application shall contain the location, kind, estimated size of the opening or cut and the estimated time necessary to complete the project, and shall include a copy of plans and specifications for such project.
(c) The City Engineer, at his discretion, may refuse a permit to any applicant who, in his opinion, is unqualified to perform any such openings or cuts. When an application is refused, the applicant shall have the right to appeal the decision of the City Engineer to the City Manager or his authorized delegate.
(Ord. 2-06. Passed 1-17-06.)
(Ord. 2-06. Passed 1-17-06.)
901.03 FEES AND ADVANCE DEPOSITS.
(a) The City Manager shall approve a schedule of fees in accordance with the
type and size of the job to be performed. On or about January 1st of each year, the City Engineer shall review and appropriately revise the fees and shall remain in effect until the City’s next annual modification.
(b) All fees shall be payable in advance of any project initiation. A separate permit shall be required for each parcel/lot and shall not be transferable. Should any question arise as to the separateness of sites, the City Engineer shall determine whether a change in sites does exist.
(Ord. 2-06. Passed 1-17-06.)
(Ord. 2-06. Passed 1-17-06.)
901.04 SPECIFICATIONS AND INSPECTION.
The City Engineer shall establish specifications of inspections for cutting pavement, sidewalks, curbing and all phases of the restoration process.
(Ord. 2-06. Passed 1-17-06.)
901.05 RESTORATION.
Restoration of any such openings or cuts shall be done by the permittee to City specifications. The permittee shall be responsible for the maintenance of the restoration site for a period of one year after such restoration has been completed. The City Engineer may, when he deems it necessary, direct that restoration shall be done by the City, in which case the cost of restoration and appropriate administrative costs shall be charged to the permittee.
(Ord. 2- 06. Passed 1-17-06.)
(Ord. 2- 06. Passed 1-17-06.)
901.06 NEW CONSTRUCTION.
(a) When any public street or way is to be newly constructed, repaved or resurfaced, the City Engineer shall notify all interested utility companies and adjacent property owners and direct that any improvements requiring pavement openings or cuts be made before completion of such new construction, new paving or resurfacing.
(b) No new street surface construction may be reopened within three years after completion of such new construction, except on payment of a penalty fee, in addition to the regular permit fee, and by special permission of the City Engineer. For right of way work in newly constructed, repaved, or resurfaced, the pavement opening costs shall double.
The penalty fee charge may be waived upon appeal to Council and passage of a resolution by Council granting such waiver.
(Ord. 2-06. Passed 1-17-06.)
901.07 PROTECTION.
The Police and Fire Departments shall be notified at least twelve hours in advance
of the initiation of any project. The permittee shall provide necessary barricades around excavations, trenches, etc., and appropriate lighting during the night season for public protection.
(Ord. 2-06. Passed 1-17-06.)
(Ord. 2-06. Passed 1-17-06.)
901.08 EXCEPTIONS.
Any City department performing any operation covered by this chapter need not obtain a permit, pay any fees or make any advance deposit, but shall comply with all other provisions of this chapter. Where sewer laterals or water service connections are installed for the benefit of the abutting property, the property owner shall be charged a permit fee, penalty charges, when applicable, and restoration costs in addition to the regular service connection charges. Any contractor working under bond for the City shall obtain a permit but shall not be required to make an advance deposit or pay inspection fees under this chapter. Such contractor shall, however, comply with all other provisions of this chapter.
(Ord. 2-06. Passed 1-17-06.)
901.99 PENALTY.
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense.
(Ord. 2-06. Passed 1-17-06.)
903.01 FINANCIAL RESPONSIBILITY.
The property owner shall be responsible for the maintenance and repair of faulty or defective sidewalks, curbs and driveway approaches abutting his property and may have repair or construction done by private contract. When construction or repair is done by the City, the cost shall be assessed against the abutting property owner. The City Engineer may conduct surveys of sidewalk, curb and driveway approach conditions and, upon passage of a resolution by Council ordering repair or installation, direct that repair be completed where faulty or defective conditions exist. If the property owner does not have such repair done within thirty days from notification, the City Engineer may direct that the work be done by the City and the cost assessed against the property owner.
(Ord. 3-06. Passed 1-17-06.)
903.02 LIABILITY.
The property owner shall be liable for personal injury damages due to the faulty or defective condition of any sidewalk abutting his property.
(Ord. 3-06. Passed 1-17-06.)
903.03 PERMIT AND FEES.
(a) No person shall construct or repair any public sidewalk, curb or driveway approach in the City without first obtaining a permit from the City Engineer, or his authorized delegate. Application for a permit shall be made on a form provided by the City and accompanied by a sketch or plans for construction or repair.
(b) The City Manager shall approve a schedule of fees in accordance with the
type and size of the job to be performed. On or about January 1st of each year, the City Engineer shall review and appropriately revise the fees and shall remain in effect until the City’s next annual modification.
(c) The fee shall be payable in advance and is nonrefundable. The permit shall not be transferable to another party or used for a project site other than described in the application.
(d) The permit shall be valid for sixty days and the work shall be completed within that time, unless an earlier completion date has been ordered pursuant to Section 903.01. At the discretion of the City Engineer, one sixty-day extension may be granted.
(Ord. 3-06. Passed 1-17-06.)
903.04 SPECIFICATIONS.
The City Engineer shall establish specifications and regulations for the construction and repair of sidewalks, curbs and driveway approaches. All work shall be done to City specifications and shall be inspected by the City.
(Ord. 3-06. Passed 1-17-06.)
(Ord. 3-06. Passed 1-17-06.)
903.05 PROTECTION.
The permittee shall provide Ohio Department of Transportation approved barricades and appropriate lights, during the hours of darkness, around any excavation or other hazards caused by such work.
(Ord. 3-06. Passed 1-17-06.)
(Ord. 3-06. Passed 1-17-06.)
903.06 EXCEPTIONS.
(a) Any City department doing any work covered by this chapter need not obtain a permit, pay a fee or present bond, but shall comply with all other provisions of this chapter.
(b) Any contractor working under bond for the City shall not be required to pay permit fees under this chapter. Such contractor shall, however, comply with all other provisions of this chapter.
(Ord. 3-06. Passed 1-17-06.)
903.99 PENALTY.
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense.
(Ord. 3-06. Passed 1-17-06.)
905.01 PERMISSION REQUIRED FOR UNDERGROUND INSTALLATIONS.
Upon application by the abutting owner for a license, permit or the privilege for the construction or installation, maintenance or use of a structure placed or built in the areaway under the sidewalk, the City Manager is hereby authorized to enter into a written contract granting the same upon such terms and specifications as will protect and save harmless the City from any and all damages or claims arising therefrom, its construction, installation, maintenance or use, and for such duration of time and on such conditions as are compatible with the installation and the need and use of such space for the benefit of the public, as determined by the City Manager.
(Ord. 66-76. Passed 9-7-76.)
(Ord. 66-76. Passed 9-7-76.)
905.02 UNDERGROUND USE CHARGES.
For the use of such space or areaway under a sidewalk during the existence of the special license, permit or privilege, the permittee or licensee shall pay an annual license or permit fee of twenty-five cents (25¢) per square foot.
(Ord. 66-76. Passed 9-7-76.)
(Ord. 66-76. Passed 9-7-76.)
905.03 PERMISSION REQUIRED FOR OVERHANGING INSTALLATIONS.
Upon application by the abutting owner for a license, permit or the privilege for the construction or installation, maintenance or use of a structure placed or built in an areaway over the sidewalk, the City Manager is hereby authorized to enter into a written contract granting the same upon such terms and specifications as will protect and save harmless the City from any and all damages or claims arising therefrom, its construction, installation, maintenance or use and for such duration of time and on such conditions as are compatible with the installation and the need and use of such space for the benefit of the public, as determined by the City Manager.
(Ord. 66-76. Passed 9-7-76.)
(Ord. 66-76. Passed 9-7-76.)
905.04 OVERHANGING USE CHARGES.
For the use of such space or areaway over a sidewalk or other property, during the existence of the special license, permit or privilege, the permittee or licensee shall pay an annual license or permit fee of twenty-five cents (25¢) per square foot.
(Ord. 66-76. Passed 9-7-76.)
907.01 PURPOSE AND APPLICABILITY.
The purpose of this chapter is to provide minimum qualification standards for any person, firm or corporation desiring to engage in the business of any construction or excavation on the public right of way in the City as described in Chapter 901, 903, and/or 905 through the requirement of a certificate of registration and the requirement of a permit.
(Ord. 4-06. Passed 1-17-06.)
907.02 REGISTRATION AND PERMIT REQUIRED.
(a) No person, firm, partnership, corporation, association or other legal entity, or any combination thereof shall undertake individually, or for another, or to engage for compensation in the construction or excavation of the public right of way within the City of Fairborn, until such person, firm, partnership, corporation, association or other legal entity, or any combination thereof, has been duly registered by the City to perform such work.
(b) Any person, firm or corporation desiring to engage in the business of any construction or excavation on the public right of way must first obtain a permit to proceed with such construction or excavation.
No permit shall be issued to or on behalf of such person, firm or corporation unless such person, firm or corporation first posts bond and furnishes evidence of satisfactory insurance as hereinafter described.
(Ord. 4-06. Passed 1-17-06.)
(Ord. 4-06. Passed 1-17-06.)
907.03 ADMINISTRATION OF APPLICATIONS.
Applicants for registration to engage in or work at the trades, businesses, or professions enumerated in this chapter shall make application for a registration at the Engineering Division on forms prescribed by the City Engineer.
(Ord. 4-06. Passed 1-17-06.)
907.04 REGISTRATION FORMS AND FEES.
(a) Forms and applications for all registrations and renewal shall be prepared, kept on file, and supplied as needed by the City Engineering Division. Each registration issued shall bear the signature of the City Engineer or his/her designate. All applicants for registration under this chapter shall furnish the following information on the registration application:
(1) If applicant is a corporation, full and accurate corporate name, date and place of incorporation, names and address(es) of corporate offices and statutory agents and federal and state tax identification numbers.
(2) If applicant is other than a corporation, owners’ or individuals’ name(s) and address(es).
(3) If the applicant conducts business under a trade or fictitious name, or is a partnership, applicant must include the businesses full and complete trade name, home office, business address, and the names of all persons doing business under such name.
(4) Copy of all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the Applicant.
(5) Certificate showing proof of registration with the City of Fairborn Municipal Income Tax Department. Relevant proof of such registration shall be provided in a manner prescribed by the Income Tax Department.
(6) Verification applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this ordinance.
(b) A registration fee as determined per fee schedule shall be made with each registration or renewal application. Registration/fees are non-refundable.
(Ord. 4-06. Passed 1-17-06.)
907.05 REGISTRATION EXPIRATION.
Such registration to be issued to such applicant or applicants shall expire on December 31, at midnight, of each year for which the same shall be issued.
(Ord. 4-06. Passed 1-17-06.)
907.06 REVOCATION, SUSPENSION OR NON-RENEWAL.
Any applicant’s registration may be suspended, revoked or not renewed for any one or more of the following reasons:
(a) Faulty or defective workmanship.
(b) Failure to timely complete work or project.
(c) Noncompliance with the provisions of the prevalent adopted code.
(d) For any other reason as determined by the City Engineer who constitutes good cause shown.
(Ord. 4-06. Passed 1-17-06.)
907.07 REVOCATION, SUSPENSION OR NON-RENEWAL; APPEAL.
(a) Notice in writing by the City Engineer shall be given to the applicant, at
the address listed in his or her application, five or more days before any registration may be revoked or the decision to not renew the applicant’s registration becomes effective. The City Engineer is invested with the authority to revoke, suspend or not renew registration when he or she has determined that one or more of the grounds, as specified in this chapter, for revocation, suspension or nonrenewable exists.
(b) The applicant shall have the right to appeal the findings and decision of the City Engineer to the City Manager or his authorized delegate within ten days of the date of the City Engineer’s decision.
(Ord. 4-06. Passed 1-17-06.)
907.08 BOND AND INSURANCE.
The bond which must be filed before a permit may be issued pursuant to Section 907.02 shall be in the penal sum of ten thousand dollars ($10,000), conditioned to the effect that such permittee in the building of concrete sidewalks, curbs, driveway approaches or other excavations or constructions in the public right of way, whether under contract with the City or a property owner shall:
(a) Comply strictly with all the laws and ordinances applicable thereto;
(b) Construct all such sidewalks, curbs and/or driveway approaches according to established grade and in accordance with specifications adopted by the City or a duly authorized officer thereof;
(c) Remove all debris after the completion of the work covered by a contract;
(d) Pay all damages which may accrue because of defective or inferior workmanship or materials in such work, or repair or replace the same, provided such defective conditions become evident within a period of one year after the completion of the construction;
(e) Indemnify and save harmless the City and the property owner with whom he contracts, and both or either of them, from all claims, charges, losses, costs, damages, suits and actions of every kind against either or both, for or on account of any injury or damage to person or property, or both, because of, arising out of, or incident to the construction of the work in any such contract specified to be done; and
(f) Pay any and all claims for labor, materials, machinery or equipment furnished for the work specified in any such contract.
Nothing herein shall be construed as requiring that such bond be in the express terms of this section. A substantial compliance shall be sufficient.
Such bond shall be executed by sureties to the satisfaction of the Director of Finance, and, if personal surety is offered he shall be entitled to require that each such surety make affidavit that he is the owner of real property in Greene County, Ohio, and worth over and above all exemptions, debts and other obligations, including all other obligations of guaranty or suretyship whether a surety or guarantor on bonds, on promissory notes, or other obligations, an amount equal to or in excess of the penal sum of such bond.
In addition to furnishing bond referred to the preceding paragraph, the permittee shall furnish satisfactory evidence, before a permit is issued to him, that he has procured public liability and property damage insurance which shall protect him, his subcontractors and the City from all claims for damages for personal injuries, including accidental death, in the sum of one hundred thousand dollars ($100,000) for any one person injured, with an aggregate of three hundred thousand dollars ($300,000) for any one accident and which shall protect them from claims for property damage in the sum of one hundred thousand dollars ($100,000) which claims may arise from his operations as a contractor and referred to above.
(Ord. 4-06. Passed 1-17-06.)
907.09 EXEMPTIONS.
(a) The property owner repairing or constructing a sidewalk, curb and/or driveway approach abutting his own property shall be exempt from this chapter.
(c) Any contractor, working under bond for the City, whose contract with the City requires bond and insurance shall be exempt from this chapter.
(Ord. 4-06. Passed 1-17-06.)
907.99 PENALTY.
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense.
(Ord. 4-06. Passed 1-17-06.)
908.01 PURPOSE AND INTENT.
(a) The purpose of this chapter is to establish general procedures and standards, consistent with all applicable federal and state laws, for the siting, construction, installation, collocation, modification, operation, and removal of small cell wireless communications facilities in the right-of-way.
(b) The intent of this chapter is to:
(1) Establish basic criteria for applications to locate small cell facilities and wireless support structures in the right-of-way and authorize the City Manager to develop, publish, and from time to time amend applications and other associated materials to provide clear guidance to applicants;
(2) Ensure that small cell facilities and wireless support structures are carefully designed, constructed, modified, maintained, and removed when no longer in use in conformance with all applicable health and safety regulations;
(3) Preserve the character of the City of Fairborn by minimizing the potentially adverse visual impact of small cell facilities and wireless support structures through careful design, siting, landscaping and camouflaging techniques to blend these facilities into their environment to the maximum extent practicable;
(4) Enhance the ability of wireless communications carriers to deploy small cell facilities and wireless support structures in the city quickly, effectively, and efficiently so that residents, businesses, and visitors benefit from ubiquitous and robust wireless service availability;
(5) Establish an application process and structure for payment of fees and charges to be uniformly applied to all applicants and owners of small cell facilities and wireless support structures for such facilities to promote a fair and efficient processing of applications;
(6) Comply with, and not conflict with or preempt, all applicable state and federal laws, including without limitation Section 101(a) and Section 704 of the Telecommunications Act, Pub. L. 104-104, 101 Stats. 56, 70 (Feb. 8, 19086) (codified as 47 U.S.C. §§ 253(a), 332(c)(7)), as may be amended or superseded, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)), as may be amended or superseded, and all FCC rules and regulations to interpret and implement applicable federal statutes.
(Ord. 29-18. Passed 6-18-18.)
908.02 APPLICABILITY.
(a) Subject to section 4939.0314 of the Ohio Revised Code and approval of an application under this chapter, an operator may, as a permitted use not subject to zoning review or approval, collocate a small cell facility and construct, maintain, modify, operate, or replace wireless support structures in, along, across, upon, and under the city right-of-way.
(1) An operator shall comply with generally applicable standards that are consistent with this chapter and adopted by the city for construction and public safety in the right-of-way.
(2) All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the right-of-way by the city, the traveling public, or other public utilities.
(b) Except as provided in this chapter as well as any franchise, pole attachment, or other agreements between the city and a cable operator or public utility, the city shall not require any zoning or other approval, consent, permit, certificate, or condition for the construction, replacement, location, attachment, or operation of a small cell facility in the right-of-way, or otherwise prohibit or restrain the activities as described in this Chapter, except as otherwise provided in division (B) of section 4939.0311 of the Ohio Revised Code.
(c) Exceptions for prior franchises or agreements are as outlined in section 4939.08 of the Ohio Revised Code.
(d) Exclusions.
(1) Amateur radio facilities. This chapter shall not govern the installation of any amateur radio facility that is owned or operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(2) Certain over-the-air receiving devices (OTARD). This chapter shall not govern the installation of any OTARD antennas covered under FCC regulations codified in 47 C.F.R. §§1.4000 et seq., as may be amended or superseded. OTARD antennas include, without limitation, direct-to-home satellite dish antennas less than one meter in diameter, television antennas and wireless cable antennas.
(3) Handsets and user equipment. This chapter shall not govern the use of personal wireless devices (e.g., cell phones) or other consumer-grade mobile user equipment used in the right-of-way.
(e) The permitting procedures and authorizations set forth in the amendments made to sections 4939.01 to 4939.09 of the Revised Code by H.B. 478 of the 132nd General Assembly shall apply only to the placement of small cell facilities and wireless support structures in the right-of-way, and do not authorize the construction and operation of a wireline backhaul facility.
(f) Relationship to other chapters. This chapter shall supersede all conflicting requirements of other titles and chapters of this Code regarding the locating and permitting of small cell facilities and wireless support structures in the right-of-way.
(g) Nothing in this chapter precludes the city from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure. (Ord. 29-18. Passed 6-18-18.)
908.03 DEFINITIONS.
(a) General Use of Terms.
(1) The terms, phrases, words, and their derivations used in this chapter shall have the meanings given in this section.
(2) When consistent with the context, words used in the present tense also include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
(3) All terms used in the definition of any other term shall have their meaning as otherwise defined in this section.
(4) The words "shall" and "will" are mandatory and "may" is permissive.
(5) Words not defined shall be given their common and ordinary meaning.
(b) Defined Terms.
ABANDONED. Small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the city and receiving the city's approval.
AFFILIATE. When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
AGENT. A person that provides the city written authorization to work on behalf of a public utility.
ANTENNA. Any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals, or other communication signals.
APPLICANT. Any person that submits an application to the city to site, install, construct, collocate, modify, and/or operate a small cell facility or wireless support structure in the right-of-way according to the requirements of this chapter.
CABLE OPERATOR. Any person or group of persons:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system;
CABLE SERVICE.
(1) The one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and
(2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service;
CABLE FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. 522 Section 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.
CLEAR ZONE. The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the ODOT Location and Design Manual, Volume 1, Section 600-Roadside Design.
COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
DECORATIVE POLE. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
(1) Electric lighting;
(2) Specially designed informational or directional signage;
(3) Temporary holiday or special event attachments.
ELIGIBLE FACILITIES REQUEST. Means the same as defined by the FCC in 47 U.S.C. 1455 (a)(2), as may be amended, which defines that term as "any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving:
(1) Collocation of new small cell facilities;
(2) Removal of small cell facilities; or
(3) Replacement of small cell facilities.
FRANCHISE AUTHORITY. See CABLE FRANCHISE.
FCC. The U.S. Federal Communications Commission and any legally appointed, designated, or elected agent or successor.
GENERAL REQUIREMENTS. Means those requirements established in §908.06 of this Chapter for the design, construction, and installation of small cell facilities and wireless support structures in the right-of-way, which are supplemented by Design Guidelines, and which are effective insofar as they do not conflict with state or federal law, including without limitation any applicable FCC rules and regulations.
HISTORIC DISTRICT. A building, property, or site, or group of buildings, properties, or sites that are either of the following:
(1) Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;
(2) A registered historic district as defined in Section 149.311 of the Ohio Revised Code.
MICRO WIRELESS FACILITY. A small cell facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.
OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES or OMUTCD. The uniform system of traffic control devices promulgated by the Ohio Department of Transportation.
OCCUPY OR USE. With respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
PERMITTEE A person issued a permit.
PERSON. Any individual, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
PUBLIC UTILITY. A wireless service provider as defined in division (A)(20) of section 4927.01 of the Ohio Revised , or any company described in section 4905.03 of the Ohio Revised Code except in divisions (B) and (I) of that section. , which company also is a public utility as defined in section 4905.02 of the Revised Code; and includes any electric light company as defined in section 4905.03 of the Ohio Revised Code, including electric light companies organized as nonprofit corporations, but not including municipal corporations or other units of local government that provide electric service.
RIGHT-OF-WAY FEE. A fee levied to recover the costs incurred by the city and associated with the occupancy or use of right-of-way.
RIGHT-OF-WAY /PUBLIC WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bikepath, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the city which shall, within its proper use and meaning in the sole opinion of the City Manager, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by administrative regulation.
RIGHT OF WAY PERMIT. A permit issued by the City that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public right-of-way.
RIGHT OF WAY PERMIT, SMALL CELL. Means a small cell facility or wireless support structure right-of-way occupancy permit as further defined in §908.04.
SMALL CELL DESIGN GUIDELINES. Means those detailed design guidelines, specifications and examples promulgated by the City Manager for the design and installation of small cell facilities and wireless support structures in the right-of-way, which are effective insofar as they do not conflict with FCC rules and regulations or the General Small Cell Requirements established in §908.06 of this Chapter.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
SMALL CELL FACILITY OPERATOR or OPERATOR. A wireless service provider, or its designated agent, or cable operator, or its designated agent, or a video service provider, or its designated agent that operates a small cell facility and provides wireless service as defined herein. For the purpose of this chapter, "operator" includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
SUBSTANTIAL CHANGE. Substantial change means the same as defined by the FCC in 47 C.F.R. § 1.40001 (b)(7), as may be amended, and as applicable to facilities in the public right of way, which defines that term as a collocation or modification that:
(1) Increases the overall height more than 10% or 10 feet (whichever is greater);
(2) Increases the width more than 6 feet from the edge of the wireless support structure;
(3) Involves the placement of any new enclosures on the ground when there are no existing ground-mounted enclosures;
(4) Involves the placement of any new ground-mounted enclosures that are ten percent (10%) larger in height or volume than any existing ground-mounted enclosures;
(5) Involves excavation or deployment of equipment outside the area in proximity to the installation and other wireless communications equipment already deployed on the ground;
(6) Would defeat the existing concealment elements of the wireless support structure as determined by the City Engineer; or
(7) Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, enclosures or excavation that is inconsistent with the thresholds for a substantial change.
Note: For clarity, the definition in this Chapter includes only the definition of a substantial change as it applies to installations in the public right of way. The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted wireless support structure without regard to any increases in size due to wireless facilities not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed at the time of adoption.
TOLLING or TOLL PERIOD. The pausing or delaying of the running of a required time period.
UTILITY EASEMENT. An easement dedicated for the use of a Public Utilities Commission of Ohio regulated or a municipal utility.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles.
VIDEO SERVICE PROVIDER. A person granted a video service authorization under sections 1332.21 to 1332.34 of the Ohio Revised Code.
WIRELESS FACILITY.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
(a) Equipment associated with wireless communications;
(b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(2) The term includes small cell facilities.
(3) The term does not include any of the following:
(a) The structure or improvements on, under, or within which the equipment is collocated;
(b) Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined herein.
WIRELESS SUPPORT STRUCTURE. A pole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
(Ord. 29-18. Passed 6-18-18.)
908.04 APPLICATION REQUIRED.
(a) General Requirements. The following requirements shall apply to all small cell facilities and wireless support structures proposed within the right-of-way.
(1) No person shall occupy or use the right-of-way except in accordance with law.
(2) In occupying or using the right-of-way, no person shall unreasonably compromise the public health, safety, and welfare.
(3) No person shall occupy or use the right-of-way without first obtaining, under this Chapter or section 1332.24 or 4939.031 of the Ohio Revised Code, any requisite consent of the city.
(b) Pre-Application Conference.
(1) Purpose. Applicants shall contact the city and schedule a pre-application conference. This meeting will provide an opportunity for early coordination regarding proposed small cell facilities and wireless support structure locations, design, and the application submittal, and the approval process in order to avoid any potential delays in the processing of an application and deployment of small cell facilities and wireless support structures in the city. The pre-application conference may be waived at the discretion of the City Engineer.
(2) Appointment Required. An appointment is required for all pre-application conferences. Applicants must contact the designated city staff member as noted on the application form, who will provide applicants an appointment with all applicable city representatives in a timely manner.
(c) Application Required. Anyone seeking to site small cell facilities in the right-of-way shall first duly file a written application with the City Engineer, in accordance with the requirements in this section and additional detailed requirements set forth in the Small Cell Design Guidelines as modified from time to time by the City Manager.
(d) Categories of Small Cell Applications. In accordance with FCC regulations and state law, the City Engineer shall classify every application to locate small cell facility in the right-of-way as one of the following types:
(1) Eligible Facilities Request:
A. Involves collocation, replacement, modification, or removal of small cell facilities on an existing wireless support structure; and
B. Does not substantially change the physical dimensions of the existing wireless support structure.
(2) Collocation with Substantial Modifications:
A. Involves collocation, replacement or modification of small cell facilities on an existing wireless support structure; and
B. Substantially changes the physical dimensions of the existing wireless support structure.
(3) New Wireless Support Structure:
A. Involves the construction, modification, or replacement of a wireless support structure associated with a small cell facility within the right-of-way.
(4) Wireless Support Structure Removal ( Right-of-Way Permit):
A. Involves the removal of a wireless support structure installed within the right-of-way in association with a small cell facility.
(e) Required Small Cell Application Materials. The applicant shall submit to the city the following materials and information associated with each small cell facility application type in order for the application to be considered complete:
(1) Completed application form and fee as specified on the application.
(2) Statement of Intent. The applicant shall provide a statement of a wireless support structure's intended purpose.
(3) Regulatory Authorization - To the extent that the applicant claims any regulatory authorization or other right to use the public right of way, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.
(4) Owner's Authorization - Applicants must submit evidence sufficient to show that either:
A. The applicant owns the proposed support structure or
B. The applicant has obtained the owner's authorization to file the application.
(5) A scaled and dimensioned site plan (not smaller than one inch equals 50 feet) clearly indicating the following:
A. Proposed location within the right-of-way including nearest cross street intersection(s);
B. For adjacent parcel(s) perpendicular to the proposed small cell facility location, property ownership, including current ownership;
C. All existing conditions within 400 feet of the proposed location, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways, and street trees.
D. Dimensions shall be provided from the proposed small cell facility to existing wireless support structures and equipment, utility structures, back of curb/edges of pavement including driveways, sidewalks and shared-use paths.
E. Dimensions shall be provided between proposed wireless support structures and associated ground mounted equipment.
F. Scaled and dimensioned elevations/profiles and sections (not smaller than 1 inch equals 5 feet) of existing wireless support structures and/or new wireless support structures clearly indicating the following, as applicable:
1. Height from established grade at the base of the wireless support structure to the highest point of the wireless support structure and the height to the highest point of proposed antenna or antenna enclosures, as applicable (overall height).
2. Height from established grade at the base of the wireless support structure to the lowest point of all proposed small cell equipment to be installed on the wireless support structure.
3. The distance from the outer edge of the wireless support structure parallel to the outer edge of all equipment associated with the small cell facility to be installed on the support structure.
G. Scaled and dimensioned details of proposed small cell facilities, including elevations/profiles, plans and sections (not smaller than 1 inch equals 5 feet) clearly indicating the following, as applicable:
1. Height, width, depth and volume in cubic feet of all proposed antenna and exposed elements and/or proposed antenna enclosures.
2. Height, width, depth and volume of all other wireless equipment associated with the facility, with all electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services clearly labeled.
3. Method of installation/connection to pole or ground, as applicable.
4. Color specifications for all small cell support structures and associated exposed equipment, cabinets and concealment elements.
5. Electrical plans and wiring diagrams.
6. Footing and foundation drawings and structural analysis sealed and signed by a professional engineer in the State of Ohio.
H. Manufacturer's specification sheets for all small cell facility equipment proposed, including poles, equipment cabinets, shrouds, or concealment devices, antennas, meters, radios, switches, telecommunications demarcation boxes, and grounding equipment.
I. Scaled and dimensioned landscape plans associated with required screening of ground mounted small cell equipment (where applicable), including a planting plan with proposed plant species, quantities, spacing, height at installation, and planting details.
(f) Required Application Materials for Small Cell Facilities Removal. For applications involving the removal of small cell facilities under an Eligible Facilities Request, the following materials and information shall be provided:
(1) Completed application form and fee as specified on the application.
(2) A scaled and dimensioned site plan (not smaller than one inch equals 20 feet) clearly indicating the following:
A. Proposed location within the right-of-way including nearest cross street intersection;
B. Adjacent parcel(s) perpendicular to the existing small cell facility location property ownership, including current ownership.
C. All existing conditions within 50 feet of the existing small cell facilities locations to be removed, including but not limited to, buildings, utilities within the right-of-way and associated above grade structures, location of electric service and fiber optic cable, all other underground and overhead utilities, small cell structures and facilities, sidewalks/shared-use paths, back of adjacent curb/edge of pavement, driveways, street trees and plant material.
(3) Scaled and dimensioned site and/or structure remediation details in accordance with Small Cell Design Guidelines requirements (not smaller than 1 inch equals 4 feet) clearly indicating the following:
A. Proposed remediation plan for modifications made to city-owned wireless support structures and other areas of the right-of-way associated with collocation of small cell wireless facilities and ground mounted equipment after the removal of these facilities.
B. Proposed restoration of electric and fiber optic connections after removal of small cell facilities, as applicable.
(g) Required Application Materials for Wireless Support Structure Removal. For applications involving the removal of a wireless support structure installed in association with a small cell facility, the following materials and information must be provided:
(1) Right-of-Way Permit application and fee as specified.
(Ord. 29-18. Passed 6-18-18.)
908.05 APPLICATION REVIEW TIMEFRAMES AND PROCESS.
(a) Permit Application Review Timeframes.
(1) Eligible Facilities Request. Notwithstanding sections 4939.01 to 4939.037 of the Ohio Revised Code, the city shall grant or deny its consent for an Eligible Facilities Request under 47 C.F.R. 1.40001 not later than sixty days after the date of filing by an entity of a completed application.
(2) Collocation with Substantial Modifications. The city shall grant or deny its consent for requests to collocate, or to replace or modify a small cell facility on an existing wireless support structure where substantial modifications are required to the wireless support structure not later than ninety days after the date of filing by an entity of a completed application.
(3) New Wireless Support Structure. The city shall grant or deny its consent for requests to construct, modify, or replace a wireless support structure associated with a small cell facility not later than one hundred twenty days following the date of filing of a complete application by an entity,
(4) Wireless Support Structure Removal. The city shall grant or deny its consent for requests to remove wireless support structures associated with small cell facilities from the right-of-way typical to the review timeframes for the Right-of-Way Permit required for this activity.
(b) Failure to Grant or Deny Within Prescribed Timeframes. If the city fails to approve or deny a request for consent under this section or a request for a relevant work permit within the required time period, provided the time period is not tolled under Section 908.05(d), the request shall be deemed granted upon the requesting entity providing notice to the city that the time period for acting on the request has lapsed.
(c) Application Denials.
(1) The city shall not unreasonably withhold or deny consent for small cell facilities and wireless support structures within the right-of-way.
(2) If a request for consent is denied, the city shall provide in writing its reasons for denying the request, supported by substantial, competent evidence, and such information as the applicant may reasonably request to obtain consent. The denial of consent shall not unreasonably discriminate against the entity requesting the consent.
(3) Except in the case of a public utility subject to the jurisdiction and recognized on the rolls of the public utilities commission or of a cable operator possessing a valid franchise awarded pursuant to the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 541, the city, for good cause shown, may withhold, deny, or delay its consent to any person based upon the person's failure to possess the financial, technical, and managerial resources necessary to protect the public health, safety, and welfare.
(d) Tolling of Required Timeframes.
A. By mutual agreement between the entity requesting consent and the city;
B. In cases where the city determines that the application is incomplete; or
C. If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficulty processing applications within the time limits set forth in Section 908.05(a) due to the lack of resources of the city, then the city may toll the time limits as follows:
1. The time period may be tolled for up to twenty-one days for the first fifteen small cell facility or wireless support structure requests received by the city above the thresholds provided in the Table below within any consecutive thirty-day period:
Population of city at time Small Cell Facility or Wireless Support Structure Applications are received: | Number of Applications: |
30,000 persons or less | 15 applications or more |
30,001 to 40,000 persons | 20 applications or more |
40,001 to 50,000 persons | 25 applications or more |
50,001 to 60,000 persons | 30 applications or more |
60,001 to 100,000 persons | 60 applications or more |
2. Further, for every additional fifteen requests that the city receives above the thresholds provided in the Table above the city may toll the time period for those requests for up to fifteen days in addition to the time period provided in division (1)(c)(1) of this section.
3. In no instance shall the city toll the time period for any small cell facility or wireless support structure request by more than ninety consecutive days. Upon request, the city shall provide an operator written notice of the time limit for a small cell facility or wireless support structure request.
(2) To toll the time period for incompleteness, the city shall provide written notice to the person requesting consent not later than thirty days after receiving the request, clearly and specifically delineating all missing documents or information. The missing documents or information shall be reasonably related to determining whether the request meets the requirements of applicable federal and state law. Any notice of incompleteness requiring other information or documentation, including information of the type described in section 4939.0313 of the Revised Code or documentation intended to illustrate the need for the request or to justify the business decision for the request, does not toll the time period.
(3) The time period for granting or denying consent resumes when the entity makes a supplemental submission in response to the city's notice of incompleteness.
(4) If a supplemental submission is inadequate, the city shall notify the entity not later than ten days after receiving the supplemental submission that the supplemental submission did not provide the information identified in the original notice delineating missing documents or information. The time period may be tolled in the case of second or subsequent notices under the procedures identified in divisions (1) to (3) of this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
(e) Timeframe for Completion of Permit.
(1) Permits granted for an Eligible Facilities Request, Collocation with Substantial Modifications and New Wireless Support Structure shall be completed by the operator or its agent within one hundred eighty days after issuance of the permit, unless:
A. The city and the operator agree to extend this period; or
B. A delay is caused by make-ready work for a city-owned wireless support structure or decorative pole or by the lack of commercial power or backhaul availability at the site, provided that:
1. The operator has made a timely request within sixty days after the issuance of the permit for commercial power or backhaul services; and
2. The additional time to complete installation does not exceed three hundred sixty five days after issuance of the permit.
(2) If divisions (1)(a) and (b) of this section cannot be met, the permit shall be void unless the city grants an extension in writing to the operator.
(F) Consolidated Application for Multiple Small Cell Facilities And/or Support Structures.
(1) Applicants seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure may file, at the applicants discretion, a consolidated application for up to 30 small cell facility requests or up to 30 wireless support structure requests in a single application and receive a single permit for the construction, modification, collocation, or replacement of the small cell facilities or wireless support structures subject to the following:
A. This single application may be filed for multiple small cell facilities or multiple wireless support structures only if they are of substantially the same type and located in generally the same area / corridor, as verified by the City Engineer.
B. The city may separately address small cell facility collocations or wireless support structures for which incomplete information has been received or which are denied.
(2) In the case of a consolidated application, the fees provided for in section 4939.0316 of the Ohio Revised Code and Section 908.04 may be cumulative. However, the city, at its discretion may opt to reduce such fees in order to encourage consolidated application submittals.
(3) In the case of a consolidated application, each small cell facility or wireless support structure proposed to be constructed, modified, collocated on, or replaced shall constitute a separate request for consent for purposes of tolling the response deadline as authorized under section 4939.036 of the Ohio Revised Code. A request by a single operator for a new or replacement support structure and associated small cell facility constitutes one request.
(g) Small Cell and Wireless Support Structure Activities Not Requiring Consent.
(1) City consent shall not be required for either of the following activities conducted in the right-of- way:
A. Routine maintenance of wireless facilities;
B. The replacement of wireless facilities with wireless facilities that are consistent with the city's current design requirements and guidelines and that are either:
1. Substantially similar to the existing wireless facilities; or
2. The same size or smaller than the existing wireless facilities.
(2) The city may require a Right-of-Way Permit for any activity described in division (1) of this section and for any activity for which consent is authorized herein and under section 4939.031 of the Ohio Revised Code. Any such permit shall be subject to any applicable State law.
(3) Notwithstanding the amendments made to sections 4939.01 to 4939.09 of the Ohio Revised Code by H.B. 478 of the 132nd General Assembly, a cable or video service provider shall not be required to obtain permits from the city or to pay fees, with the exception of work permits and associated fees, to place, operate, maintain, or replace micro wireless facilities pursuant to an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code; nor shall a holder of an existing franchise or video service authorization be required to obtain additional authorizations or to pay additional fees for the placement of micro wireless facilities already covered under an existing franchise or video service authorization under Chapter 1332 of the Ohio Revised Code.
(Ord. 29-18. Passed 6-18-18.)
908.06 GENERAL SMALL CELL REQUIREMENTS.
(a) Existing Wireless Support Structures.
(1) Structural Integrity of Existing Support Structures.
A. The city shall not authorize any attachments to city-owned infrastructure that negatively impacts the structural integrity of the support structure.
B. The city may condition approval of the collocation on replacement or modification of the wireless support structure at the operator's cost if the city determines that replacement or modification is necessary for compliance with the city's written construction and/or safety standards. A replacement or modification of the wireless support structure shall conform to the applicable design guideline(s) and the city's applicable specifications for the type of structure being replaced. The city may retain ownership of a replacement wireless support structure.
(2) Maximum Permitted Height. For an existing wireless support structure, the antenna and any associated shroud or concealment material are permitted to be collocated at the top of the existing wireless support structure and shall not increase the height of the existing wireless support structure by more than five feet, unless otherwise specified in the Small Cell Design Guidelines based on the specific context and characteristics of the wireless support structure.
(3) Right to reserve space on wireless support structure or pole. The city may reserve space for future public safety or transportation uses in the right-of-way or on a wireless support structure or pole owned by the city in a documented and approved plan in place at the time an application is filed.
A. A reservation of space shall not preclude placement of a pole or collocation of a small cell facility.
B. If replacement of the city's pole or wireless support structure is necessary to accommodate the collocation of the small cell facility and the future use, the operator shall pay for the replacement of the pole or wireless support structure, and the replaced pole or wireless support structure must accommodate the future use.
(b) New Wireless Support Structures/Poles.
(1) Maximum Permitted Height.
A. For a new wireless support structure, the overall height of the wireless support structure and any collocated antennas shall not be more than forty feet in height above established grade measured at the base of the wireless support structure.
B. The city shall limit the maximum permissible height of wireless support structures to not less than thirty-five feet in height above established grade measured at the base of the structure in areas meeting the following criteria:
1. The area is within three hundred feet of the proposed site for a new wireless support structure in the same right-of-way or a connecting right-of-way, and where there are no wireless support structures or utility poles taller than thirty feet in height above ground level; and
2. The maximum allowable height for building construction in the underlying or adjacent zoning district is thirty-five feet in height above ground level or less.
(2) Multiple requests for wireless support structures in violation of spacing requirements. If multiple requests are received by the city to install two or more poles that would violate applicable spacing requirements outlined in the Small Cell Design Guidelines, or to collocate two or more small cell facilities on the same wireless support structure, notwithstanding division (I) of section 4939.0313 of the Revised Code, the city may resolve conflicting requests through whatever reasonable and nondiscriminatory manner it deems appropriate.
(3) City directed alternate location for wireless support structures. The city may propose an alternate location to any proposed location of a new wireless support structure, subject to the following:
A. That the alternate location is within one hundred feet of the proposed location or within a distance that is equivalent to the width of the right-of-way in or on which the new wireless support structure is proposed, whichever is greater; and
B. The operator shall use the alternate location if it has the right to do so on reasonable terms and conditions and the alternate location does not impose technical limits or additional costs.
(4) Waiver to city directed alternate wireless support structure location or undergrounding requirements.
A. Small cell operators may seek a waiver of the undergrounding or alternative location requirements for the placement of a new wireless support structure to support small cell facilities if the operator is unable to achieve its service objective using a small cell facility under the following circumstances:
1. From a location in the right-of-way where the prohibition does not apply;
2. In a utility easement the operator has the right to access; or
3. In or on other suitable locations or structures made available by the city at reasonable rates, fees, and terms.
B. The city shall process waivers in a reasonable and nondiscriminatory manner that does not have the effect of prohibiting the provision of wireless service.
(c) Antenna.
(1) Size. Each antenna shall be located entirely within an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
(d) Small Cell Facilities Installed on Wireless Support Structures.
(1) Size. Exclusive of the antenna, all wireless equipment associated with the facility shall not cumulatively exceed twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(2) Equipment Enclosures Required. All small cell facilities mounted to wireless support structures or located on the ground shall be fully contained within enclosures or cabinets.
(e) Power and Fiber Optic Supply.
(1) Independent Power Source Required. Small cell facilities located on city-owned support structures may not use the same power source providing power for the existing facilities original to the purposes of the support structure. Independent power source must be contained within a separate conduit inside the existing support structure.
(2) Applicant shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.
(Ord. 29-18. Passed 6-18-18.)
908.07 SMALL CELL DESIGN GUIDELINES.
(a) The City Manager shall promulgate additional detailed Small Cell Design Guidelines with objective, technically feasible criteria applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the city shall consider in reviewing an application:
(1) The location of any ground-mounted small cell facilities;
(2) The location of a small cell facility on a wireless support structure;
(3) The appearance and concealment of small cell facilities, including those relating to materials used for arranging, screening, and landscaping;
(4) The design and appearance of a wireless support structure including any height requirements adopted in accordance with Section 908.06.
(b) The Small Cell Design Guidelines will accord with Section 908.06 but will provide greater detail, description, and examples of acceptable small cell facilities including visual depictions.
(c) The Small Cell Design Guidelines shall provide administrative and procedural guidance to applicants, such as a list of minimum application requirements.
(d) The provisions in this section shall not limit or prohibit the City Manager's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from, the Small Cell Design Guidelines which do not conflict with state or federal law.
(e) The City Manager shall have authority to update or supplement the Small Cell Design Guidelines to address relevant changes in law, technology, or administrative processes. In the event of any conflict between the Small Cell Design Guidelines and the standards articulated in this chapter of the City of Fairborn Code of Ordinances, the language of this chapter takes precedence over the language of the Small Cell Design Guidelines.
(Ord. 29-18. Passed 6-18-18.)
908.08 APPEALS.
The City of Fairborn Planning Board shall hear and decide upon appeals where it is alleged there is an error in any written decision made by the city in the enforcement of this Code.
(a) A complete written appeal shall be filed by the appellant within 10 days of the written decision of the city or the appeal shall become void. The appeal shall be filed with the City Planner. The written appeal shall:
(1) Cite specific provisions of this Chapter that are alleged to have been interpreted in error or the specific action being appealed and the grounds on which the appeal is being made;
(2) Include any required application fee in an amount set by the fee schedule maintained by Fairborn's City Engineer in accordance with Section 901.03 of the Codified Ordinances.
(3) Include such other information as may be required to render a reasonable decision;
(4) A statement as to why the appellant has standing as an aggrieved party to pursue the appeal.
(b) An aggrieved party, the City Manager, or the City Manager's designee, may appeal the Planning Board's decision in accordance with [Code reference to a General Appeals Procedure for the City of Fairborn]. Such appeal shall follow the procedures of subsection (a) above.
(c) The City of Fairborn Planning Board shall not be required to hear any case that has been the subject of an appeal during the previous 12 months, unless substantial new evidence, critical to the case, becomes available.
(Ord. 29-18. Passed 6-18-18.)
908.09 STANDARD CONDITIONS OF PERMIT APPROVAL.
(a) Standard Conditions of Approval. Permission to site small cell facilities and wireless support structures in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in Section 908.06. The City Manager may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety, and welfare.
(b) Small Cell Facility Permit Duration. The city's approval term of an attachment to a wireless support structure shall be for a period of not less than ten years, with presumption of renewal for successive five-year terms, subject to terms providing for early termination or nonrenewal for cause or by mutual agreement and unless otherwise agreed to by both the operator and the city, except for generally applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable permit requirements and may stop paying annual charges or fees under Section 908.09(r).
(c) Compliance with All Applicable Laws. Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.
(d) Contact Information - Permittee shall at all times maintain accurate contact information for all parties responsible for the small cell facility or wireless support structure, which shall include a phone number, street mailing address, and email address for at least one natural person. All such contact information for responsible parties shall be provided to the City Engineer.
(e) Inspections; Emergencies. The city or its designee may inspect small cell facilities and wireless support structures in the right-of-way upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(f) Relocation or Adjustment as Requested by City. If requested by the city, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the right-of-way at no cost to the city, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law.
(g) Indemnification. Any operator who owns or operates small cell facilities or wireless support structures in the right-of-way shall indemnify, protect, defend, and hold the city and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and wireless service in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the right-of-way.
(h) Interference with Public Safety Radio Services. In the event that the city has reason to believe that permittee's radio communications operations are causing interference with the city's radio communications operations, then the permittee shall, at its cost, immediately cooperate with the city to either rule out permittee as the interference source or eliminate the interference. Cooperation with the city may include, but shall not be limited to, temporarily switching the small cell facilities on and off for testing.
(i) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, or removal of the small cell facility and/or wireless support structure.
(j) Good Condition Required. Small cell facilities and support structures shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the health, safety or welfare of any person or property.
(k) Graffiti Abatement. Permittee shall remove any graffiti on the small cell facility at permittee's sole expense.
(l) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.
(m) Site Restoration.
(1) Upon completion of the new work, the contractor shall restore the street and/or alley pavement as required;
(2) Upon completion of the new work, the contractor shall restore all concrete walks, driveway aprons, and other concrete as required;
(3) Upon completion of the new work, the contractor shall restore all tree lawns and/or sod strips with topsoil and sod.
(n) Setbacks for Visibility and Access - Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure must be setback from intersections, alleys and driveways and placed in locations where it will not obstruct motorists' sightlines or pedestrian access.
(o) Historic or Architecturally Significant Structures - Any new utility installation and other improvements associated with a new utility installation or an existing utility installation may not be placed directly in front of any historic or architecturally significant structures in prominent or highly visible locations.
(p) No placement of any small cell facility or wireless support structure shall necessitate tree trimming, cause removal of, or otherwise damage any tree located within the City's Right of Way or a designated utility easement. Such small cell facility or wireless support structure shall not be located within the eventual mature dripline or tree crown of any existing tree located within the City's Right of Way or a designated utility easement.
(q) Obstructions - Any new small cell facility or wireless support structure and other improvements associated with a new small cell facility or wireless support structure or an existing small cell facility or wireless support structure shall not obstruct any:
(1) Worker access to any above-ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors;
(2) Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop (including, without limitation, bus stops, streetcar stops, and bike share stations);
(3) Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency;
(4) Fire hydrant access;
(5) Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the right of way; or
(6) Access to any fire escape.
(r) Removal of Small Cell Facilities If Use Discontinued or Abandoned.
(1) In the event that the use of a small cell facility is discontinued, the owner shall submit an Eligible Facilities Request as required by Section 908.04(f), as written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. If a small cell wireless facility and support structure is not removed within 365 days of discontinued use, the small cell facility shall be considered abandoned and the city may remove it at the owner's expense.
(2) In the event that a wireless support structure is discontinued, the owner shall submit a Right-of-Way Permit as required by Section 907.02, as written notice to the city of its intent to remove the wireless support structure from the right-of-way. If a wireless support structure is not removed within 365 days of discontinued use, the wireless support structure shall be considered abandoned and the city may remove it at the owner's expense.
(3) Small cell facilities and wireless support structures determined by the city to be abandoned without application notice from the owner may be removed by the city at the owner's expense to ensure the public health, safety, and welfare. (Ord. 29-18. Passed 6-18-18.)
908.10 SAFETY REQUIREMENTS.
(a) Prevention of Failures and Accidents. Any person who owns a small cell wireless facility sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(b) Compliance with Fire Safety and FCC Regulations. Small cell facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.
(c) Surety Bond or Equivalent Financial Tool for Cost of Removal. All owners must procure and provide to the city a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities or damage to city property caused by an operator or its agent of each small cell facility which the owner installs in the right-of-way in case the city has to remove or pay for removal of the wireless facility. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit. (Ord. 29-18. Passed 6-18-18.)
908.11 RECOVERY OF COSTS.
(a) Application Processing Fee. For processing an application for consent, the city may charge a fee for each small cell facility and wireless support structure requested as prescribed under section 4939.031 of the Ohio Revised Code and as listed on the associated application forms. The city may adjust this fee ten per cent every five years, rounded to the nearest five dollars.
(b) Annual Collocation Fee. For reimbursement for operator's attachment of small cell facilities to wireless support structures owned or operated by the city and located in the right-of-way, the city may charge an annual fee as prescribed under 4939.031 of the Ohio Revised Code and as listed on associated application forms. The city may adjust this fee ten per cent every five years, rounded to the nearest five dollars.
(c) Tax Liabilities and Assessments Not Applicable. Placement of small cell facilities in the right-of-way or attachment of small cell facilities to a wireless support structure and any fees associated therewith shall not subject a municipal corporation to any state or local tax liabilities or assessments. (Ord. 29-18. Passed 6-18-18.)
908.12 NONCONFORMITY.
A nonconforming small cell facility and/or wireless support structure shall immediately lose its nonconforming designation and must be brought into compliance with all of the provisions of this chapter, and all other applicable City laws and ordinances or be removed if any of the following conditions are present:
(a) The nonconforming small cell facility and/or wireless support structure or a part of the nonconforming small cell facility and/or wireless support structure is altered, modified, relocated, replaced, or changed in any manner whatsoever;
(b) The nonconforming small cell facility and/or wireless support structure is damaged or deteriorated and requires any process of reconstruction, repair, maintenance, or restoration, and the cost of said reconstruction, repair, maintenance, or restoration exceeds fifty percent of the small cell facility and/or wireless support structure's replacement cost;
(c) The nonconforming small cell facility and/or wireless support structure is abandoned. (Ord. 29-18. Passed 6-18-18.)
908.13 CONFLICT WITH OTHER PROVISIONS.
In the event that any other applicable law or code requires any more restrictive requirements, the most restrictive requirement shall control.
(Ord. 29-18. Passed 6-18-18.)
908.14 SEVERABILITY.
The provisions of any part of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this chapter when originally adopted by Council.
(Ord. 29-18. Passed 6-18-18.)
908.99 PENALTY.
(a) In addition to any other penalties set forth in this chapter, any person or permittee violating any section in this chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.
(b) Nothing herein shall prevent the city from taking any other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 29-18. Passed 6-18-18.)
909.01 PURPOSE AND APPLICABILITY.
The purpose of this chapter is to provide minimum qualification standards for any person, firm or corporation desiring to engage in the business of installing laterals from water and sewer mains to residential and commercial buildings in the City through the requirement of a certificate of registration and the requirement of a permit.
(Ord. 46-06. Passed 12-18-06.)
909.02 REGISTRATION AND PERMIT REQUIRED.
(a) No person, firm, partnership, corporation, association or other legal entity, or any combination thereof shall undertake individually, or for another, or to engage for compensation of the installation of laterals from water and sewer mains, located in the public right of way, to residential and commercial buildings until such person, firm, partnership, corporation, association or other legal entity, or any combination thereof, has been duly registered by the City to perform such work.
(b) Any person, firm or corporation desiring to engage in the business of installing laterals from water and sewer mains to residential and commercial buildings must first obtain a permit to proceed with such work. The actual person, firm or corporation performing the work must obtain the permit.
(c) No permit shall be issued to or on behalf of such person, firm or corporation unless such person, firm or corporation first posts bond and furnishes evidence of satisfactory insurance as hereinafter described.
(Ord. 46-06. Passed 12-18-06.)
(Ord. 46-06. Passed 12-18-06.)
909.03 ADMINISTRATION OF APPLICATIONS.
Applicants for registration to engage in or work at the trades, businesses, or professions enumerated in this chapter shall make application for a registration at the Engineering Division on forms prescribed by the City Engineer.
(Ord. 46-06. Passed 12-18-06.)
909.04 REGISTRATION FORMS AND FEES.
(a) Forms and applications for all registrations and renewal shall be prepared, kept on file, and supplied as needed by the City Engineering Division. Each registration issued shall bear the signature of the City Engineer or his/her designate. All applicants for registration under this chapter shall furnish the following information on the registration application:
(1) If applicant is a corporation, full and accurate corporate name, date and place of incorporation, names and address(es) of corporate offices and statutory agents and federal and state tax identification numbers.
(2) If applicant is other than a corporation, owners’ or individuals’ name(s) and address(es).
(3) If the applicant conducts business under a trade or fictitious name, or is a partnership, applicant must include the businesses full and complete trade name, home office, business address, and the names of all persons doing business under such name.
(4) Copy of all certificates and other authorizations required by law in order to construct and operate a system in the manner proposed by the Applicant.
(5) Certificate showing proof of registration with the City of Fairborn Municipal Income Tax Department. Relevant proof of such registration shall be provided in a manner prescribed by the Income Tax Department.
(6) Verification applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this ordinance.
(b) A registration fee as determined per fee schedule shall be made with each registration or renewal application. Registration/fees are non-refundable.
(c) A permit fee as determined per fee schedule shall be made when the permit is requested. A re-inspection fee as determined per fee schedule shall be charged if the inspection is not canceled within 2 hours of scheduled inspection, or the contractor is not on site during the scheduled inspection or after two failed inspections. In addition to the penalties for working without a permit, the permit fee shall increase to 50% to cover additional costs incurred by the City.
(d) The City Manager shall approve a scheduled of fees in accordance with the type and size of the job to be performed. On or about January 1st of each year, The city Engineer shall review and appropriately revise the fees and shall remain in effect until the City’s next annual modification.
(Ord. 46-06. Passed 12-18-06.)
(Ord. 46-06. Passed 12-18-06.)
909.05 REGISTRATION EXPIRATION.
Such registration to be issued to such applicant or applicants shall expire on December 31, at midnight, of each year for which the same shall be issued.
(Ord. 46-06. Passed 12-18-06.)
909.06 REVOCATION, SUSPENSION OR NON-RENEWAL.
Any applicant’s registration may be suspended, revoked or not renewed for any one or more of the following reasons:
(a) Faulty or defective workmanship.
(b) Failure to timely complete work or project.
(c) Noncompliance with the provisions of the prevalent adopted code.
(d) For any other reason as determined by the City Engineer who constitutes good cause shown.
(Ord. 46-06. Passed 12-18-06.)
909.07 REVOCATION, SUSPENSION OR NON-RENEWAL; APPEAL.
(a) Notice in writing by the City Engineer shall be given to the applicant, at the address listed in his or her application, five or more days before any registration may be revoked or the decision to not renew the applicant’s registration becomes effective. The City Engineer is invested with the authority to revoke, suspend or not renew registration when he or she has determined that one or more of the grounds, as specified in this chapter, for revocation, suspension or nonrenewable exists.
(b) The applicant shall have the right to appeal the finding and decision of the City Engineer to the Public Administrative Services Director or his authorized delegate within ten days of the date of the City Engineer’s decision. If the decision of the Public Administrative Services Director is unsatisfactory, he may appeal to the City Manager within ten days of the date of the decision appealed.
(Ord. 46-06. Passed 12-18-06.)
909.08 BOND AND INSURANCE.
(a) The bond which must be filed before a permit may be issued pursuant to Section 909.02 shall be in the penal sum of ten thousand dollars ($10,000.00), conditioned to the effect that such permittee in the installation of laterals from water and sewer mains, whether under contract with the City or a property owner shall:
(1) Comply strictly with all the laws and ordinances applicable thereto;
(2) Construct all such work according to established grade and in accordance with specifications adopted by the City or a duly authorized officer thereof;
(3) Remove all debris after the completion of the work covered by a contract;
(4) Pay all damages which may accrue because of defective or inferior workmanship or materials in such work, or repair or replace the same, provided such defective conditions become evident within a period of one year after the completion of the construction;
(5) Indemnify and save harmless the City and the property owner with whom he contracts, and both or either of them, from all claims, charges, losses, costs, damages, suits and actions of every kind against either or both, for or on account of any injury or damage to person or property, or both, because of, arising out of, or incident to the construction of the work in any such contract specified to be done; and
(6) Pay any and all claims for labor, materials, machinery or equipment furnished for the work specified in any such contract.
(b) Nothing herein shall be construed as requiring that such bond be in the express terms of this section. A substantial compliance shall be sufficient.
(c) Such bond shall be executed by sureties to the satisfaction of the Financial Services Administrative Director, and, if personal surety is offered he shall be entitled to require that each such surety make affidavit that he is the owner of real property in Greene County, Ohio, and worth over and above all exemptions, debts and other obligations, including all other obligations of guaranty or suretyship whether a surety or guarantor on bonds, on promissory notes, or other obligations, an amount equal to or in excess of the penal sum of such bond.
(d) In addition to furnishing bond referred to the preceding paragraph, the permittee shall furnish satisfactory evidence, before a permit is issued to him, that he has procured public liability and property damage insurance which shall protect him, his subcontractors and the City from all claims for damages for personal injuries, including accidental death, in the sum of one hundred thousand dollars ($100,000) for any one person injured, with an aggregate of three hundred thousand dollars ($300,000) for any one accident and which shall protect them from claims for property damage in the sum of one hundred thousand dollars ($100,000) which claims may arise from his operations as a contractor and referred to above.
(Ord. 46-06. Passed 12-18-06.)
909.09 EXEMPTIONS.
(a) Any City department doing work shall be exempt from this chapter.
(b) Any contractor, working under bond for the City, whose contract with the City requires bond and insurance shall be exempt under this chapter.
(Ord. 46-06. Passed 12-18-06.)
909.99 PENALTY
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred and fifty dollars ($150.00). Each day such violation continues shall constitute a separate offense.
(Ord. 46-06. Passed 12-18-06.)
911.01 UTILITY DEPOSIT.
(a) Effective January 1, 2019, when application is made by a non-property owner for City utility service to be provided by the City, a deposit of one hundred twenty-five dollars ($125.00) shall be charged, and all moneys so collected shall be deposited in the Utility Guarantee Deposit Fund. The deposit of one hundred twenty-five dollars ($125.00) shall be applied to the final utility bill with any balance refunded, or a bill for any balance due to the City shall be rendered.
(b) The deposit shall be waived if the property owner signs an agreement to be ultimately responsible for any unpaid utility bill.
(Ord. 45-18. Passed 11-5-18.)
911.02 LATE PAYMENT FEE.
Effective March 1, 1994, a late payment fee of ten percent (10%) shall be charged to each monthly bill not paid by the due date.
(Ord. 52-93. Passed 8-2-93.)
911.03 NONPAYMENT FEE.
A fee shall be charged to all customers whose service is subject to termination for nonpayment. The fee shall be defined in the City of Fairborn Water and Sewer Schedule of Fees and adopted by the City Manager.
(Ord. 45-18. Passed 11-5-18.)
911.04 BOARD OF ADJUDICATION; BILLING AND PENALTY ASSESSMENT APPEALS.
(a) An administrative board is hereby established to be known as the Board of Adjudication. The word "Board" when used in this section means the Board of Adjudication. The Board shall consist of the City Manager, City Solicitor and one citizen of the City who shall be appointed by Council for a term of three years and shall serve without compensation.
(b) The Board shall hear appeals in utility billing disputes and appeals from the assessment of penalties made pursuant to the Public Utilities Code of the City and its decision shall be final.
(c) A fee of ten dollars ($10.00) shall be paid when an appeal is filed with the Board. This fee shall be returned to the appellant upon his participation in the appeals hearing. If the appellant does not appear at the scheduled appeals hearing, the ten dollars ($10.00) fee shall be forfeited.
(d) The Board may adopt its own rules of procedure and shall keep a record of its proceedings.
(Ord. 39-94. Passed 10-17-94.)
912.01 SANITARY SEWER CONNECTION CHARGE AND SANITARY SEWER LINE CONNECTION CHARGE.
(a) There is hereby established a sanitary sewer connection charge, based on the size of the water meter to serve the premises, for each sanitary sewer connection made to each residence, building or other type of structure in the City. This fee is a privilege fee and does not include the labor, material or equipment required to install the sanitary sewer tap or sanitary service lateral. Fees will be charged as follows:
Meter Size (in inches) | Sanitary Sewer Connection Charge |
5/8 | $480.00 |
3/4 | 880.00 |
1 | 1,200.00 |
1-1/2 | 2,400.00 |
2 | 3,800.00 |
3 | 7,200.00 |
4 | 12,000.00 |
6 | 24,000.00 |
8 | 38,000.00 |
Any residence, building or other type of structure which has more than one sanitary sewer connection and which is served by only one water service and meter, shall be charged for each sanitary sewer connection as provided herein.
(b) Where, at the time of construction, the owners of lands abutting upon an existing sanitary sewer did not pay their pro rata share of the construction cost thereof, there is hereby established an additional sanitary sewer line connection charge of two thousand dollars ($2,000.00) for each direct sanitary sewer line connection made to the sanitary sewer from each residence, building or other type of structure located on such lands.
(c) There is hereby established an additional sanitary sewer connection charge for the installation of additional water service from the property line curb stop to the additional water meter serving any residence, building or other type of structure, which additional charge shall be provided in subsection (a) hereof.
(d) Charges for sanitary sewer connections and sanitary sewer line connections made outside the corporation limits but within Bath Township shall be fifty percent (50%) in excess of regular charges provided in subsection (a) hereof. Charges for sanitary sewer connections made outside the corporation limits but not within Bath Township shall be one hundred percent (100%) in excess of regular charges provided in subsection (a) hereof. These surcharges shall not apply to sanitary sewer connections and sanitary sewer line connections made for other political subdivisions.
(e) Where the City has received a pro rata share for a new sanitary sewer service connection (lateral) to an existing sanitary sewer main, as established in subsection (b) hereof, and the City is contacted by the developer of that same existing sanitary sewer main for reimbursement of that pro rata share, the City shall make payment to the developer of that pro rata share amount, as provided in subsection (b) hereof, if the request for reimbursement is made within five years from the date of the City's acceptance of the sanitary sewer main.
(f) All other costs involved in the physical connection of sanitary sewer taps and sanitary sewer service laterals shall be paid by the applicant.
(g) Sanitary sewer connection fees shall be valid for the property for which application was made and are valid for one year from the date of payment. Should the owner desire to reactivate the permit after its expiration, they will be required to demonstrate payment of the original fees and pay any difference in fees between the original payment and the charge current at the time of the required renewal plus a $25 administrative fee.
(h) No sanitary sewer connection fee payments will be renewed for connection to a property on which the owner permits the continuation of any violations of City ordinances or regulations. (Ord. 47-19. Passed 11-18-19.)
912.02 WATER CONNECTION CHARGE AND WATER LINE CONNECTION CHARGE.
(a) There is hereby established a water connection charge, based on the size and number of meters serving the premises including those installed for irrigation purposes. This fee is a privilege fee and does not include the labor, material or equipment required to install the water tap, service lateral or the cost of the water meter and reading equipment. For each water meter installed at a residence, building or other type of structure in the City, there is a charge as follows:
Meter Size (in inches) | Water Connection Charge |
5/8 x 3/4 | $480.00 |
3/4 | 880.00 |
1 | 1,200.00 |
1-1/2 | 2,400.00 |
2 | 3,800.00 |
3 | 7,200.00 |
4 | 12,000.00 |
6 | 24,000.00 |
8 | 38,000.00 |
Any residence, building or other type of structure which has more than one water service and meter must have curb stops located on public land for each water service and meter.
(b) Where, at the time of construction, the owners of land abutting upon an existing water line have not paid their pro rata share of the construction cost thereof, there is hereby established an additional line connection charge of one thousand five hundred dollars ($1,500.00) for each direct water line connection made to the water line from each residence, building or other type of structure located on such lands.
(c) There is hereby established an additional water meter charge for increasing the size of any water meter serving any residence, building or other type of structure. The fee will be the difference between the connection fee for the current meter size and the new increased meter size based on the schedule in subsection (a) hereof. Additionally, the owner will be charged the current cost of the new water meter.
(d) There is hereby established an additional water meter charge for the installation of an additional water meter to any residence, building or other type of structure, based on the current price of the new water meter.
(e) There is hereby established an additional water connection charge for the installation of an additional water service from the property line curb stop to the additional water meter which additional charge shall be as provided in subsection (a) hereof, for the size of the additional water meter.
(f) Charges for water connections and water line connections made outside the corporation limits but within Bath Township shall be fifty percent (50%) in excess of regular charges provided in subsection (a) hereof. Charges for water connections made outside the corporation limits but not within Bath Township shall be one hundred percent (100%) in excess of regular charges provided in subsection (a) hereof. These surcharges shall not apply to water connections and water line connections made for other political subdivisions.
(g) Where the City has received a pro rata share for a direct water line connection (lateral) to an existing water main, as established in subsection (b) hereof, and the City is contacted by the developer of that same existing water main for the reimbursement of that pro rata share, the City shall make payment to the developer of that pro rata share amount, as provided in subsection (b) hereof, if the request for reimbursement is made within five years from the date of the City's acceptance of the water main.
(h) There is hereby established an additional water connection charge for installation of a fire line. This fee is a privilege fee and does not include the labor, material or equipment required to install the service lateral. This charge shall be based on the size of the largest water meter serving the property and be charged in accordance to the schedule in subsection (a) hereof. (Ord. 47-19. Passed 11-18-19.)
912.03 PERMIT CHARGE TO BE IN ADDITION TO CONNECTION CHARGE.
912.04 MOBILE HOMES AND HOUSE TRAILERS.
(a) There is hereby established a sanitary sewer connection charge of two hundred dollars ($200.00) for each sanitary sewer connection made to each mobile home, house trailer or space therefor.
(b) There is hereby established a water connection charge of two hundred dollars ($200.00) for each water connection made to each mobile home, house trailer or space therefor.
(Ord. 47-19. Passed 11-18-19.)
913.01 WATER CONNECTION AND INSPECTION FEE.
No person shall be allowed to connect to the City water system unless the proper water connection and inspection permit is obtained from the City. Application for a permit to connect to City water shall be made to the City. The charge for such permit shall be thirty dollars ($30.00).
(Ord. 51-18. Passed 12-3-18.)
913.02 NEW SERVICE CONNECTIONS.
All taps to water mains and installations of service lines from main to curb box shall be made by the City; by a contractor registered with the City in accordance to Chapter 909; or by a developer within a given plat as part of a complete water system. The City reserves the right to require third party installations. When water taps and/or water service line installations are performed by the City, charges for such work shall be in accordance to the current schedule of fees maintained by the Division of Water and Sewer and shall include the cost of all labor, material, equipment and overhead.
Installation of service lines from the property line to dwelling or other premises shall be by only those persons approved and authorized by the City in accordance to Chapter 909.
Payment for such installation shall not relieve the property owner from securing and paying for permits as required by Section 913.01.
The size of the service branch and meter shall be based on flow demand as determined by the applicant's architect/engineer. Final determination of the sizing shall be made by the Public Works Director, or a duly authorized representative, upon review of the individual project plans and design criteria. Applicants may also elect to use the following table for minimum branch and meter requirements for buildings of residential use:
Type of Building | Meter Size (in inches) | Tap Size (in inches) |
1 family |
5/8 |
1 |
2 family |
3/4 |
1 |
3 and 4 family |
1 |
1 |
5 thru 8 family |
1-1/2 |
1-1/2 |
9 thru 12 family |
2 |
2 |
13 thru 24 family |
3 |
3 |
25 thru 36 family |
4 |
4 |
37 thru 72 family |
6 |
6 |
73 thru 115 family |
8 |
8
|
More than 115 family | As determined by the Public Works Director | |
Costs of all meters shall be paid by the applicant, and the City Manager shall be authorized to require compound meters in sizes of two inches and larger. Applicants for multiple dwelling buildings may elect to have each dwelling unit individually metered, and in such case, the City shall require a separate curb stop for each service, a connection fee for each unit and installation of a five-eighths inch meter for each unit.
(Ord. 51-18. Passed 12-3-18.)
913.03 WATER RATE CHARGES.
(a) There shall be charged to each lot, parcel of land, building or premises having any water connection with the water system of the City a service charge based on the quantity of water used as measured by the City water meter or meters on the premises and payable as herein provided and in accordance with the following schedule and rates:
Administrative Charge | |
Meter Size (inches) | Charge Per Month |
5/8 | $5.25 |
3/4 | 7.86 |
1 | 13.15 |
1-1/2 | 26.29 |
2 | 42.07 |
3 | 80.50 |
4 | 131.46 |
6 | 262.91 |
8 | 420.67 |
In addition to the monthly administrative charge, there shall be a usage charge in accordance with the following schedule:
$2.12 per 100 cubic feet of water usage billed after February 1, 2010, regardless of when used
$2.33 per 100 cubic feet of water usage billed after February 1, 2011, regardless of when used
$2.45 per 100 cubic feet of water usage billed after February 1, 2012, regardless of when used
$2.57 per 100 cubic feet of water usage billed after February 1, 2013, regardless of when used
$2.70 per 100 cubic feet of water usage billed after February 1, 2014, regardless of when used
$3.00 per 100 cubic feet of water usage billed after March 1, 2023, regardless of when used
$3.33 per 100 cubic feet of water usage billed after March 1, 2024, regardless of when used
$3.66 per 100 cubic feet of water usage billed after March 1, 2025, regardless of when used
(b) The rates charged users outside the corporation limits but within the limits of Bath Township shall be fifty percent (50%) in excess of regular rates. The rates charged users outside the corporation limits but not within Bath Township shall be one hundred percent (100%) in excess of regular rates. These surcharges shall not apply to services provided to other political subdivisions.
(c) The service charge for construction water usage shall be a one-time charge of seventy-five dollars ($75.00). These charges cover water usage only and none of this water shall be allowed to enter the sanitary sewage system.
(d) For all special cases not included in this section, the service charge shall be fixed by the City Manager.
(e) The service charge as provided in subsections (a) and (b) hereof shall be computed on a monthly basis on a day as designated. The usage to be used for the alternate months in which the meter is not read shall be estimated. For the purpose of computing charges, readings shall be rounded to the nearest hundredth.
(f) The water service charge and user charges shall be reviewed annually by the City in order to determine whether or not they are sufficient to defray the fixed charges, amortization costs, and annual cost of operation and maintenance of the water system. If the difference between the total annual revenue derived and the total cost is sufficient to justify an increase or decrease in the water charge or user charges, the City shall adjust the rates as required. The purpose of the annual review is also to maintain a proportional user charge. Council shall take actions necessary to maintain operations and debt service on a self-supporting basis.
(Ord. 01-23. Passed 1-17-23.)
913.04 COLLECTION OF SERVICE CHARGES; LIEN.
The service charges levied at the rates as provided in Section 913.03 shall be billed within fifteen days of the day as designated and shall be payable within fifteen days after billing. The City shall have the right in the event of nonpayment to discontinue water service to such premises until such unpaid water service charges and penalties have been fully paid. Each service charge, including any applicable miscellaneous charges, not paid within ninety days after it is due and payable shall be certified from time to time by the Director of Finance to the Auditor of Greene County, Ohio, who shall place the same on the tax duplicate of the County with interest and penalties allowed by the law and be collected as other taxes are collected.
(Ord. 49-05. Passed 12-19-05.)
913.05 MANAGEMENT AND ADMINISTRATION.
(a) The City Manager is hereby authorized and directed to manage and control the water system in a safe, economical and efficient manner; to make such bylaws and regulations; and to adopt a schedule of fees for specialized services performed by the Division of Water and Sewer as may be deemed necessary for such safe, economical and efficient management and operation.
(b) The schedule of fees for specialized services shall be developed using industry standards which may include: cost recovery plus administrative fees, FEMA reimbursement rates, and/or surveys of others providing similar services. This schedule shall be reviewed and approved annually by the City Manager.
(c) For all special cases not covered under the schedule of fees, the service charge shall be approved by the City Manager.
(d) The City Manager shall adopt and enforce specifications and regulations in accordance with the provisions and intent of this chapter for the purpose of providing control of the installation and construction of water service connections and the inspection thereof. The City shall maintain accurate and complete records of all permits issued for and inspection made of the construction of private water lines and connections to the public water system.
(Ord. 51-18. Passed 12-3-18.)
913.06 TAMPERING WITH THE CITY WATER SYSTEM.
No person shall knowingly, without consent of the City:
(a) Interfere with, damage, or by-pass a water meter, meter reading equipment or other accessory with the intent to impede the correct registration of the meter or accessory so as to reduce the amount of water usage that is registered on said meter.
(b) Turn on a water service that has been turned off at the curb stop or with a lock out at the meter by the City to discontinue service to the premises.
(c) Connect to a fire hydrant for purposes other than firefighting, hydrant maintenance, or other activities approved by the Utilities Superintendent.
(d) Maliciously open, close, adjust, deposit debris or interfere with a fire hydrant, valve, curb stop, tank, meters, pipes, mains, or other components of the water system owned by the City, with intent to cause the escape of water, to injure or destroy, or to obstruct the operation of such such property.
(e) Tap, sever, open or make unauthorized connections with a main or pipe used or intended for the transmission of water.
(f) No person shall commit any act tending to deface, damage, or obstruct in any manner any building, machinery, pipes, apparatus, or other fixtures of the City water system.
In a prosecution under subsection (a) or (b) hereof, proof that a meter or curb stop has been tampered with is prima-facie evidence that the person who is obliged to pay for the service rendered through the meter at the time the tampering occurred has caused the tampering.
(Ord. 51-18. Passed 12-3-18.)
913.07 FLUORIDATION AUTHORIZED.
The City Manager is hereby authorized to fluoridate the drinking water of the City in accordance to Ohio Department of Health (ODH) and Ohio Environmental Protection Agency (OEPA) regulations. (Ord. 51-18. Passed 12-3-18.)
913.08 BACKFLOW PREVENTION DEVICES.
(a) If, in the judgment of the Utility Superintendent, an approved backflow prevention device is necessary for the safety of the public water system, the Utility Superintendent shall give notice to the water user to install such an approved device. The water user shall, at his/her own expense, install such an approved device at a location and in a manner approved by the Utility Superintendent and shall have inspections and tests made of such approved devices as required by the Utility Superintendent.
(b) No person, firm or corporation shall establish or permit to be established, or maintain or permit to be maintained, any connection whereby a private, auxiliary, emergency water supply or other water supply other than the regular public water supply of the City may enter the supply or distributing system of the City, unless such private, auxiliary, emergency water supply or other water supply and the method of connection and use of such supply shall have been approved by the Utility Superintendent.
(c) It shall be the duty of the Utility Superintendent to cause surveys and investigations to be made of industrial and other properties served by the public water supply where actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated as often as the Utility Superintendent shall deem necessary.
(d) The Utility Superintendent, or a duly authorized representative, shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply or distribution system of the City for the purpose of inspecting the piping system or systems thereof. On demand, the owner, lessees or occupants of any property so served shall furnish to the Utility Superintendent any information which he may request regarding the piping system or systems, or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Utility Superintendent, be deemed evidence of the presence of improper connections as provided in this section.
(e) The Utility Superintendent is hereby authorized and directed to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this section exists, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply. Water service to such property shall not be restored until such conditions shall have been eliminated or corrected in compliance with the provisions of this section.
(Ord. 51-18. Passed 12-3-18.)
913.09 BACKFLOW PREVENTION DEVICE PERMITS.
The fee for a permit for the installation or recertification of a backflow prevention device shall be ten dollars ($10.00).
(Ord. 51-18. Passed 12-3-18.)
913.10 THEFT OF WATER.
No person shall knowingly, without consent of the City:
(a) Consume or in any way use water that has not been correctly registered because a water meter or its accessory, a locked bypass or a curb stop has been tampered with or knowingly use a service that has been discontinued by the City.
(b) Utilize water from a fire hydrant for purposes other than firefighting, hydrant maintenance, or other activities approved by the Utilities Superintendent.
(c) Utilize water from a building fire line for purposes other than firefighting or system maintenance.
In a prosecution under subsection (a) proof that a water meter, accessory, or curb stop has been tampered with is prima-facie evidence that the person obliged to pay for the service rendered through the meter at the time of the theft has caused the theft.
(Ord. 51-18. Passed 12-3-18.)
913.11 PRIVATE WATER SYSTEMS.
(a) Where public water is available and already installed in the street, right of way or a dedicated easement adjacent to the property, no person, owner or occupant of any lot located within the City shall establish, construct, or maintain a water well, cistern, rain catchment system, or other method for harvesting water for potable purposes unless the water system has been approved by the City Manager and the Ohio Environmental Protection Agency for auxiliary potable use.
(b) For properties that become connected to the water system, existing private water systems shall be disconnected from all domestic use and/or abandoned in accordance to City and Greene County Health Department requirements. Certification shall be provided to the City by the registered contractor performing the plumbing modifications if the system remains in place. A copy of the certification required by Greene County shall be provided to the City for any well abandonment.
(c) All auxiliary systems must comply with OEPA and City backflow/cross connection regulations. (Ord. 51-18. Passed 12-3-18.)
913.12 WATER SERVICE TO PROPERTY OUTSIDE OF CITY LIMITS.
(a) With appropriate authorization, property not within the City limits may receive water service from the City, provided that the property meets the other requirements of this Chapter and the owner of the property agrees to be annexed into the City at some point in the future, should the City limits become contiguous with his or her property. Agreement by the current property owner to be annexed into the City shall be binding on all heirs and assigns of the property.
(b) The City Manager may authorize water provision for single family homes when using existing infrastructure. For all other situations, authorization must approved by from City Council. (Ord. 51-18. Passed 12-3-18.)
913.13 NECESSARY PLUMBING AND TOILET FACILITIES.
All buildings shall have the necessary plumbing and toilet facilities as are required by law, and the same shall be connected with the water system of the City, provided such water service is available and, in any case where public water service is not available and it is subsequently made available by being installed in the street, right of way, or dedicated easement adjacent to the property on which the building is located, connection thereto shall be made within six months after such service is certified to be available by the City Manager by written notice to the property owner. (Ord. 51-18. Passed 12-3-18.)
913.14 LOTS CREATED FROM DIVISION OF PLATS.
Where division is made of an originally platted lot resulting in a new lot that is without water facilities, the City shall not be required to spend any money to make such service available to any such lot created thereby.
(Ord. 51-18. Passed 12-3-18.)
913.15 EXTENSION OF WATER MAINS.
If the extension of any new water line is approved by Council, the expense of extending such main shall be charged according to the policy established by Council.
(Ord. 51-18. Passed 12-3-18.)
913.16 WATER LATERAL RESPONSIBILITY.
Following construction of a building water service, the property owner shall own, maintain, repair or replace the building water lateral from the outlet side of the curb stop to the interior plumbing, exclusive of the meter, as necessary utilizing the services of a contractor approved in accordance to Chapter 909. Pertinent permits and inspection fees shall be required for all such work. (Ord. 51-18. Passed 12-3-18.)
913.17 LOTS ABUTTING STREETS NOT SERVICED BY PUBLIC WATER.
Where there are lots abutting streets without water mains, the City shall not be required to spend any money to install such mains.
(Ord. 51-18. Passed 12-3-18.)
913.99 PENALTY.
914.01 PURPOSE AND OBJECTIVES.
This chapter is adopted to maintain the safety and potability of public water supplies drawn from Wellhead Operation Area and used by the City of Fairborn.
(Ord. 11-97. Passed 3-3-97.)
914.02 DEFINITIONS.
(a) “Aquifer” means a glacial formation, group of glacial formations, or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.
(b) "Deminimis Quantity" means a specified amount of regulated substances, expressed in gallons and/or pounds, that is excluded from the provisions of this chapter. Any use of regulated substances in excess of the deminimis quantities and not explicitly subject to exclusion is considered illegal.
(c) "Direct Recharge Area" means that portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
(d) "Nonroutine Maintenance" means activities necessary not more frequently than every twenty-four (24) months to keep structures and equipment in good repair.
(e) "One Year Capture Area" means the area around protected public water supply well fields delineated by the one-year travel time contour.
(f) "Potable Water" means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.
(g) "Protected Public Water Supply" means a public water system which services at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents, and having a one-year capture area defined through appropriate hydrologic studies.
(h) "Recharge Lagoon" means a body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.
(i) "Regulated Substances" means chemicals and mixtures of chemicals which are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not Regulated Substances. Regulated Substances include:
(1) Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
(2) Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
(3) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one (1.0) percent or greater of the composition on a weight per unit weight basis, and mixtures of percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one (0.l) percent or greater of the composition on a weight per unit weight basis.
(4) Ingredients of mixtures prepared within the Wellhead Protection Area in cases where such ingredients are health hazards but comprise less than one tenth of one (0.1) percent of the mixture on a weight per unit weight basis if carcinogenic, or less than one (1.0) percent of the mixture on a weight per unit weight basis if non-carcinogenic.
(5) Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).
(j) "Travel Time Contour" means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
(k) "Underground Storage Tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of Regulated Substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.
(l) "Well Field" means a tract of land that contains one or a number of wells for supplying water.
(m) "Wellhead Protection Area" means either of the geographical areas to which this Ordinance applies.
(n) “Zone of influence” means a zone delineated by iso-travel time contours around well fields. The zone is calculated, based on the rate of movement of ground waters in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)
914.03 WELLFIELD PROTECTION AREAS DESCRIPTIONS.
(a) Wellhead Operation District Area is described as follows:
The location of any of the City of Fairborn’s existing or proposed public wells as shown in Exhibit A of Ordinance 11-97.
(b) Wellfield Protection Area is described as follows:
The land area that lies within both the one and five year time-of-travel zones adjacent to the City of Fairborn’s existing and proposed wells but outside of the Wellhead Operation District as shown in Exhibit B of Ordinance 11-97.
(Ord. 11-97. Passed 3-3-97.)
914.04 PURPOSE OF WELLHEAD OPERATION AREA.
It is the purpose of the Wellhead Operation Area to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community potable water supply against contamination by regulating the use, storage, handling, and/or production of Regulated Substances as defined in Section 914.02(i).
(Ord. 11-97. Passed 3-3-97.)
914.05 DETERMINATION OF APPLICABILITY.
It shall be the responsibility of any person owning, leasing, or renting real property and/or owning or operating a business within the Wellhead Operation Area to make a determination of the applicability of this chapter as it pertains to the property and/or business and failure to do so shall not excuse any violations of this chapter.
(Ord. 11-97. Passed 3-3-97.)
914.06 PRINCIPAL PERMITTED USES.
In the Wellhead Operation Area no building, structure or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended or designed for other than one of the following uses, except the uses thereof which are in effect on the date of this chapter.
(a) Municipal Water Supply. Municipal water supply, treatment, storage and operations facilities in accordance with the City of Fairborn's plan(s) for water supply treatment.
(b) Recreational. Public parks, playgrounds and community centers.
(Ord. 11-97. Passed 3-3-97.)
914.07 CONDITIONAL USES.
The following uses shall be permitted in the Wellhead Operation Area only if specifically authorized by the Fairborn Planning Board in accordance with the provisions in Chapter 1176.
(a) Public Utility Uses.
(1) Electric and telephone substations.
(2) Gas regulator and meter station buildings.
(3) Electric and communication transmission towers and structures.
(b) Residential. Existing single family detached dwellings.
(Ord. 11-97. Passed 3-3-97.)
914.08 GROUNDWATER PROTECTION STANDARDS.
Within the Wellhead Operation Area, the following standards shall apply:
(a) Use of Regulated Substances, as defined in Section 914.02(i), in conjunction with public water supply and treatment activities shall not be restricted by this section.
(b) Use of Regulated Substances in conjunction with public parks, playgrounds and community centers shall be in accordance with the City of Fairborn’s management plan for Maintenance of Sensitive Areas.
(c) Use of Regulated Substances in conjunction with conditional uses in this district shall be limited to:
(1) The aggregate of Regulated Substances in use may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
(2) The total use of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(d) A limited exclusion from the provisions of subsection (c) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use of Regulated Substance under this exclusion shall be limited to:
(1) The aggregate of Regulated Substances in use may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) The total use of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
(e) Storage of Regulated Substances in conjunction with public water supply and treatment activities shall not be restricted by this section.
(f) Underground storage of fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in the Wellhead Operation Area shall be in tanks place above the floor surface of a below grade vault. Said vault shall allow access for physical inspection of the tank for leakage and the interior of the vault shall be continuously monitored and alarmed to provide for automatic and immediate detection of any release from the tank .
(g) Notwithstanding other provisions of this chapter, nonconforming uses in the Wellhead Operation Area presently utilizing underground storage tanks for fuel and lubricants for vehicle operations shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (f) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for Regulated Substances other than fuel and lubricants for vehicle operations is not permitted.
(h) Storage of Regulated Substances other than fuel and lubricants for vehicle operations in conjunction with permitted and conditional uses in this district is prohibited.
(i) The Fairborn City Manager or his authorized designee shall utilize the Hazard Potential Ranking System, identified in Section 914.15 to assist in the determination of intensity of use within the Wellhead Operation Area. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within the Wellhead Operation Area.
(j) All properties within the Wellhead Operation Area shall be connected to the public wastewater disposal system within a three (3) year period from the effective date of this chapter or have a wastewater disposal system approved by the affected County Combined General Health District.
(Ord. 11-97. Passed 3-3-97.)
914.09 PURPOSE OF “WP” WELLFIELD PROTECTION DISTRICT.
It is the purpose of the “WP” Wellfield Protection District to safeguard the public health, safety and welfare of the customers of protected public water supplies and to protect the community’s potable water supply against contamination by regulating land use and the storage, handling, use and/or production of Regulated Substances as defined in Section 914.02(i)
(Ord. 11-97. Passed 3-3-97.)
914.10 DETERMINATION OF APPLICABILITY.
It shall be the responsibility of any person owning, leasing or renting real property and/or owning or operating a business within the Wellfield Protection Area to make a determination of the applicability of this chapter as it pertains to the property and/or business, and failure to do so shall not excuse any violations of this chapter.
(Ord. 11-97. Passed 3-3-97.)
914.11 PERMITTED USES, BULK AND YARD REGULATIONS.
The permitted uses, bulk and yard regulations within the Wellfield Protection Area shall be those of the existing zoning district, except sanitary landfills, dry wells, landfills comprised of demolition debris or other non-approved matter, and junkyards.
(Ord. 11-97. Passed 3-3-97.)
914.12 CONDITIONAL USES.
The following uses shall be permitted in the Wellfield Protection Area:
(a) The conditional uses within the Wellfield Protection Area shall be those of the existing zoning district, except as specified in subsection (b) hereof and Section 914.13.
(b) When listed as a permitted or conditional use within the existing zoning district, the excavation, extraction, mining or processing of sand, gravel and minerals from the earth for resale shall remain as conditional uses in the Wellfield Protection Area subject to Fairborn Planning Board approval of an excavation and facilities plan that includes, but is not limited to:
(1) An existing site plan with topographic detail at two (2) foot contour intervals, all planimetric information, depth to groundwater, and flood plain characteristics where applicable.
(2) The proposed extent and depth of excavations.
(3) Slope angle of excavation walls (any final slopes shall be at the angle of repose for the remaining material).
(4) Use and disposition of the spoil and/or overburden materials from the excavations including a landscaping and vegetation plan to stabilize any disturbed material.
(5) Surface drainage plan:
A. Drainage into on-site excavations from proximate off-site transportation facilities such as roadways and roadbeds and off-site watercourses is prohibited unless the applicant provides a plan which otherwise protects the excavations from off-site waterborne Regulated Substances.
B. The final on-site grading shall minimize all surface drainage into the excavations.
(6) A post-excavation and operation land use plan.
(7) A security plan (unauthorized access shall be strictly prohibited as long as any excavations remain on site). (Ord. 11-97. Passed 3-3-97.)
914.13 ACCESSORY USE AND BUILDINGS.
Accessory uses, buildings or structures customarily incident to a principal permitted use or a conditionally permitted use within the Wellfield Protection Area shall be those of the existing zoning district.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)
914.14 PROHIBITED USES.
Sanitary landfills, dry wells, landfills comprised of demolition debris or other nonapproved matter, and junkyards are prohibited within the Wellfield Protection Area.
(Ord. 11-97. Passed 3-3-97.)
914.15 GROUNDWATER PROTECTION STANDARDS.
(a) Use, storage, handling and/or production of Regulated Substances, as defined in Section 914.02(i), in conjunction with permitted and conditional uses in the Wellfield Protection Area shall be limited to:
(1) Aggregate of Regulated Substances. The aggregate of Regulated Substances in use, storage, handling and/or production may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
(2) Total use of Regulated Substances. The total use, handling and/or production of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
(b) A limited exclusion from the provision of subsection (a) hereof is authorized for nonroutine maintenance or repair of property or equipment. The use, storage, handling and/or production of Regulated Substances under this exclusion shall be limited to:
(1) The aggregate of Regulated Substances in use, storage, handling, and/or production may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) The total use, storage, handling and/or production of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
(3) The application of U.S.E.P.A. approved agricultural chemicals by licensed personnel using U.S.E.P.A. best recommended practices. Below ground applications in excess of one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period shall require 72 hour prior notice to the Fairborn City Manager or his authorized designee.
(c) A limited exclusion from the provisions of subsection (a) hereof is authorized for each medical and research laboratory use, provided however, Regulated Substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed two hundred and fifty (250) gallons or two thousand (2,000) pounds.
(d) A limited exclusion from the provisions of subsection (a) hereof is authorized for Regulated Substances which are cleaning agents, provided however such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall Regulated Substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
(e) A limited exclusion from the provisions of subsection (a) is authorized for on- site storage of a maximum one-year supply of agricultural chemicals to be used for routine on-site agricultural operations, provided such substances are stored in standard approved packaging and such chemicals are applied to cropland under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States Environmental Protection Agency (EPA) or the Ohio Department of Agriculture. This limited exclusion also applies to the application of agricultural chemicals to cropland where such chemicals are brought in from other locations. This provision does not exempt such agricultural chemicals either stored on-site or brought in from other locations from the inventory, spill reporting and underground storage tank protection requirements of the Wellfield Protection Area. Note: This regulation does not restrict the use of agricultural chemicals applied in accordance with best management practices and/or label directions.
(f) With the exception of residential use of heating fuels in tanks having a capacity and lubricants for vehicle operations and fuel for building and/or process heating in conjunction with permitted and conditional uses in Wellfield Protection Area shall be in tanks secondarily contained and monitored. Such installations shall be subject to approval by the Fairborn City Manager or his designee.
(g) Notwithstanding other provisions of this chapter non-conforming uses in the Wellfield Protection Area presently utilizing underground storage tanks for fuel and lubricants for vehicle operations and fuel for building and/or process heating shall be permitted to replace existing tanks with those constructed as per the specifications of subsection (f) hereof and not exceeding the capacity of existing tanks. Replacement of underground tanks for Regulated Substances other than the above noted fuels and lubricants is not permitted.
(h) The Fairborn City Manager or his authorized designee shall utilize the Hazard Potential Ranking System in Section 914.16 to assist in the determination of intensity of use within the Wellfield Protection Area. No substitutions of a non-conforming use shall be permitted which result in an increase of the Hazard Potential Ranking on a parcel within the Wellfield Protection Area. If the quantities of regulated substances initially exceed the deminimis quantities above, they shall be considered legally nonconforming. Such legally nonconforming quantities cannot be increased.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)
914.16 HAZARD POTENTIAL RANKING SYSTEM.
In order to assess the risk for potential groundwater contamination, a hazard ranking has been developed for various activities categorized by their Standard Industrial Classification (SIC) code. This ranking is based on the kind of materials commonly associated with each use looking only at the most critical hydrologic factors.
Table 1 attached to Ordinance 11-97 lists site hazard potential by land use activity (source) on a scale of one (1) to nine (9), with one (1) being a low hazard and nine (9) a very high hazard. This rating is based on the intrinsic hazard posed by different land uses and is related to the materials commonly used or stored on the site or the types and amounts of wastes commonly discharged.
If the two tables referenced above indicated different site hazard potential ratings for the SIC-coded land use activity and the materials found on-site, the higher of the two scores is the rating for the site.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)
914.17 ENFORCEMENT PROVISIONS.
(a) Scope. Nothing contained in this chapter shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this chapter.
(b) Administration. Except as otherwise provided herein, the City Manager for the City of Fairborn or his designee, shall administer, implement, and enforce the provisions of this chapter.
(c) Notice of Violation.
(1) Any person found in violation of any provision of this chapter or any order, requirement, rule or regulation issued under the authority of this chapter will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided, however, written notice of violation may be dispensed with under the conditions described in subsection (i)(2) and provided further, that if the Fairborn City Manager has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Fairborn City Manager may dispense with establishing another time period for compliance.
(2) The notice shall be served in the manner provided by law for the service of civil process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.
(d) Inspections. Subject to applicable provisions of law, the Fairborn City Manager or authorized designee bearing proper identification, shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this chapter to ensure that activities are in accordance with the provisions of this chapter. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law, information obtained as a result of the inspection shall be maintained as confidential. If the owner or tenant does not consent to the entry of the Fairborn City Manager for the above stated purposes, the Fairborn City Manager may apply to a court of competent jurisdiction for an appropriate warrant or other authority to enter said property.
(e) Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, property, or equipment which is part of or used in conjunction with water facilities of a protected public water supply, or which results in the violation of the provisions of this chapter.
(f) Severability. A finding by any court or jurisdiction that any part or provision of this chapter is invalid shall not affect the validity of any other part or provision of this chapter which can be given effect without the invalid parts or provisions.
(g) Handling of Regulated Substances.
(1) No person shall place, deposit, or permit to be deposited, store, process, use, produce, dispose of, transport, or discharge, hereinafter referred to as “handle”, any Regulated Substance on public or private property within a Wellfield Protection Area or in any area under the jurisdiction of the City of Fairborn except as provided by law, statute, ordinance, rule or regulation.
(2) Any violation of this paragraph is hereby determined to be a nuisance and must be abated.
(h) Underground Storage Tanks Declared to Constitute Dangerous Nuisances.
(1) With the exception of the underground storage fuel and lubricants for vehicular operations and fuel for building heating and/or process heating in conjunction with permitted and conditional uses in the Wellfield Protection Area, any storage of Regulated Substances in underground storage tanks within the Wellfield Protection Area shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than five (5) years from the effective date of this chapter.
(2) With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than five hundred (500) gallons, any underground storage tank system for vehicle fuel and lubricants and fuel for building and/or process heating within the Wellfield Protection Area not removed within five (5) years from the effective date of this chapter must be secondarily contained and monitored in accordance with plans submitted to and approved by the Fairborn City Manager or authorized designee and the City of Fairborn Fire Department.
(i) Reporting Requirements.
(1) Regulated substance activity inventory.
A. Applicability.
1. Except as provided in subsection (i)(1)(B), any owner or occupant of any land in the Wellfield Protection Area at the effective date of the chapter, shall file a Regulated Substance Activity Inventory Report with the Fairborn City Manager or his authorized designee. Said Report shall be filed within one hundred and eighty (180) days of the effective date of this chapter and at twenty-four (24) month intervals thereafter.
2. Except as provided in subsection (i)(l)(B), any new owner or occupant of any land in the Wellfield Protection Area shall file a Regulated Substance Activity Inventory Report and at twenty-four (24) months intervals following the date of occupancy. For purposes of this paragraph, “new” shall be defined as subsequent to the effective date of this chapter.
3. Where a person owns, operates or occupies more than one location, Regulated Substance Activity Inventory Report shall be made for each location.
4. Agricultural uses shall file a Regulated Substance Activity Inventory Report within one hundred eighty (180) days of the effective date of this chapter and at twelve (12) month intervals thereafter. Regulated Substance Activity Inventory Reports for agricultural uses shall include total annual on-site application of Regulated Substances for the reporting property.
B. Exclusions to activity inventory reporting.
1. Any exclusion set forth in this subsection shall apply provided that said exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well field; and provided further than any spill, leak, discharge or mishandling shall be subject to the provisions of subsection (i)(2). Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.
2. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for incidental uses of Regulated Substances provided the uses are limited as follows:
a. The aggregate of Regulated Substances in use may not exceed twenty (20) gallons or one hundred and sixty (160) pounds at any time.
b. The total use of Regulated Substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.
3. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for non-routine maintenance or repair of property or equipment in the Wellfield Protection Area provided the uses are limited as follows:
a. The aggregate of Regulated Substances in use may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
b. The total use of Regulated Substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve (12) month period.
4. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for Regulated Substances which are cleaning agents, provided however, such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public and provided the aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall Regulated Substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.
5. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for medical and research laboratory uses in the Wellfield Protection Area, provided however, Regulated Substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of Regulated Substances shall not exceed two hundred and fifty (250) gallons or two thousand (2,000) pounds.
6. A limited exclusion from Regulated Substances Activity Inventory reporting is hereby authorized for the transportation of Regulated Substances through the Wellfield Protection Area provided that the transportation vehicle is in compliance with applicable local, State, and Federal laws and regulations; provided that substance is fueling the transportation vehicle; and provided that the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed seventy-two (72) hours.
7. A limited exclusion from Regulated Substance Activity Inventory reporting is hereby authorized for owners and occupants of single or two family residences, provided however, the storage and use of Regulated Substances are related to the maintenance of the residence or vehicles under control of the occupant and provided waste Regulated Substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly-owned wastewater treatment works.
(2) Spills, Leaks or Discharges.
A. Any person with direct knowledge of a spill, leak or discharge of a Regulated Substance within the Wellfield Protection Area shall, if such spill, leak or discharge escapes containment or contacts a pervious ground surface and is not immediately and completely remediated, give notice to the Public Works Director of the City of Fairborn or the operator on duty at the affected or potentially affected water treatment facility by telephone within thirty (30) minutes. The notification shall include at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, State, and Federal reporting obligations as required by law.
B. The application of agricultural chemicals, fertilizers, mineral acids, organic sulphur compounds, etc., used in routine agricultural operations, including plant nutrients and crop protection materials, applied under Best Management Practices as indicated by soil tests, agricultural experts, or label directions approved by the United States EPA or the Ohio Department of Agriculture, shall not be considered a spill, leak, or discharge subject to the reporting provisions of this paragraph.
C. Any entity or person who spills, leaks or discharges said substance(s) shall be liable for any reasonable expense, loss or damages incurred by the City of Fairborn in response to such an incident, in addition to the amount of any fines imposed on account thereof under State and Federal law; said entity or person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop an implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than one hundred eighty (180) days after the incident.
(3) Falsifying information. No person shall make any false statement, representation, or certification in any report or other document filed or required to be maintained pursuant to this chapter.
(4) Retention of records. Any report or records compiled or submitted pursuant to this paragraph shall be maintained by the user for a minimum of five (5) years or so long as enforcement or judicial proceedings are being pursued, whichever is longer.
(j) Public Water Supply Protection Authorities.
(1) Application. If any activity or use of Regulated Substance is deemed by the Fairborn City Manager or authorized designee to pose a real and present danger of contaminating surface and/or groundwater which would normally enter the public water supply, the Fairborn City Manager, in accordance with Section 713.13 of the Ohio Revised Code, is authorized to:
A. Cause cessation of said activity or use of the Regulated Substance;
B. Require the provision of administrative controls and/or facilities sufficient to mitigate said danger; and/or
C. Cause the provision of pollution control and/or abatement activities.
(2) Considerations. When considering the exercise of any of the above authorities or actions, the Fairborn City Manager or authorized designee shall consult with the appropriate administrative official of any potentially affected protected public water supply. Such consultation shall determine what measures need to be taken to ensure the public water supply is reasonably and adequately protected from contamination for the present and the future. The Fairborn City Manager may take into consideration any evidence represented by the entity regarding cost effectiveness and the economic effectiveness and the economic impact imposed by the requirements or actions.
(3) Exemption of certain regulated substances. The Fairborn City Manager is authorized to exclude certain Regulated Substances, that pose no threat to ground water, from the provisions of these regulations. Prior to authorizing the exemption of any Regulated Substance, the Fairborn City Manager shall have such request for exemption reviewed by the Environmental Advisory Board. The recommendation of the Environmental Advisory Board shall be binding on the City Manager.
(4) Upon application for a Zoning Certificate and/or Occupancy Certificate for a use within the Wellfield Protection Area, the Fairborn City Manager may employ such technical expertise as needed to ensure compliance with the provisions of this chapter. All reasonable costs as determined by the Fairborn City Manager incurred in the compliance review process shall be passed through to the applicant and shall be in addition to those fees normally charged by the City to review an application for a Zoning Certificate and/or Occupancy Certificate.
(k) Wellfield Protection Appeals Board.
(1) Appeals. Any person may appeal an action of the Fairborn City Manager made pursuant to this chapter by filing a Notice of Appeal within twenty-one (21) days of said action and a Statement of Appeal within thirty (30) days of the date that the order being appealed was issued. A Notice of Appeal shall include at a minimum, name, address, telephone number, date, and a statement of intent to appeal. A Statement of Appeal shall include all information contained in the Notice of Appeal, a description of the nature of the appeal, and any pertinent documentation.
(2) Appeals Board. The Board of Zoning Appeals of the City of Fairborn shall hear Wellfield Protection Area appeals. Said Board shall have the authority to take appeals, investigate matters related to said appeals, deny, uphold, or otherwise modify or waive, the City Manager’s actions on a case-by-case basis.
(3) Findings of the Board. No modification or waiver of the requirements of this chapter shall be authorized by the Board unless they find beyond a reasonable doubt, that all of the following facts and conditions exist.
A. Exception burden. That there are exceptional circumstances regarding the property or its conforming uses which make enforcement of this chapter an unreasonable burden on the continuation of such conforming uses.
B. Lack of increased hazard. That the waiver or modification shall not increase the threat of contamination of the community’s potable water supply.
(l) Penalties for Violations. Any violation or continuing violation of the provisions of this chapter other than subsection (e) hereof, beyond the time limit for compliance set forth by the Fairborn City Manager, Notice of Violation, or compliance schedule established by the Fairborn City Manager, shall constitute a first degree misdemeanor. Each day’s continuance of the violation shall be considered a separate offense.
(Ord. 11-97. Passed 3-3-97.)
(Ord. 11-97. Passed 3-3-97.)
915.01 DEFINITIONS.
(a) "Annual review" means the requirement that a review be performed annually of the sewer system service charges to determine if the rates are sufficient to defray the operation, maintenance and replacement (OM&R) costs for the sewer system.
(b) "Combined sewer" means a sewer receiving both surface runoff and sewage.
(c) "Commercial user" means a private or public enterprise for uses other than as a dwelling, such as retail stores, restaurants, office buildings and laundries.
(d) "Debt service " means principal and interest payments required for the amortization of the cost of issuing debt to finance all or a portion of improvements to the sewer system.
(e) "Governmental user" means any Federal, State or local government user of the sewer system.
(f) "Industrial user" means any nonresidential user of the sewer system which is identified in the Standard Industrial Classification (SIC) Manual, 1972, Office of Management and Budget, as amended and supplemented.
(g) "Industrial wastes" means the wastewater from industrial process, trade or business as distinct from domestic or sanitary wastes.
(h) "Institutional user" means an establishment which is involved in social, charitable, religious or education functions, and which discharge primarily segregated domestic wastes or wastes from sanitary conveniences.
(i) "Normal domestic sewage" means wastewater or sewage having an average daily SS concentration of not more than 200 mg/1 and an average daily BOD concentration of not more than 200 mg/1.
(j) "Operation, maintenance and replacement" means all costs, direct and indirect, inclusive of debt service and all expenditures attributable to administration, repair and replacement of the sewer system, and treatment and collection of wastewater and storm water, necessary to ensure adequate collection and treatment on a continuing basis.
(k) "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewer systems to maintain the capacity and performance for which such sewer systems were designed and constructed.
(l) "Sanitary sewer" means a sewer that conveys water-carried waste from residences, commercial buildings, institutions and to which storm, surface and ground water are not intentionally admitted.
(m) “Service charges" means the sewer rates established, consisting of fixed charges and user charges, in order to generate sufficient revenues to pay the costs of management, operation, maintenance, replacement and repair of the sewer system.
(n) "Sewer system" means the pipes, pumping stations, treatment works and other appurtenances used to convey wastewater or storm water.
(o) "Storm sewer" means the pipes and appurtenances used to convey storm water, surface water and/or subsurface water.
(Ord. 47-19. Passed 11-18-19.)
915.02 SANITARY SEWER SERVICE CHARGES.
(a) For the purpose provided in Ohio R.C. 729.49 through 729.52, there is hereby charged to each lot, parcel of land, building or premises having any sewer connection with the sanitary sewer system of the City, or discharging sewage, industrial wastes, water or other liquids either directly or indirectly into the City sanitary sewer system, a service charge or rental based on the quantity of water used as measured by the City water meter or meters on the premises and payable as herein provided and in accordance with the following schedule and rates:
Fixed Charge | |
Meter Size (Inches) | Charge Per Month |
5/8 | $5.25 |
3/4 | 7.86 |
1 | 13.15 |
1-1/2 | 26.29 |
2 | 42.07 |
3 | 80.50 |
4 | 131.46 |
6 | 262.91 |
8 | 420.67 |
In addition to the monthly fixed charge, there shall be a usage charge in accordance with the following schedule:
$3.61 per 100 cubic feet of water usage billed after February 1, 2010, regardless of when used
$3.90 per 100 cubic feet of water usage billed after February 1, 2011, regardless of when used
$4.10 per 100 cubic feet of water usage billed after February 1, 2012, regardless of when used
$4.18 per 100 cubic feet of water usage billed after February 1, 2013, regardless of when used
$4.26 per 100 cubic feet of water usage billed after February 1, 2014, regardless of when used
(b) In the event water is used for sprinkling, washing automobiles or other purposes where the water used is not discharged directly or indirectly into the City sanitary sewer system, the owner of the lot, parcel of land, building or premises, or other interested person, may request the City to install a water meter measuring the water used for such purpose or purposes, on such premises only, and the amount of water so used and measured shall not be charged to sewage usage. When a special water meter is so requested, the owner or other interested party shall be required to obtain a permit, and to pay the permit fee and connection charges in accordance to Section 912.02 based on meter size, meter and reading equipment costs, arrange for and pay all costs associated with the needed plumbing changes and all maintenance charges and expenses for such meter. The water rate charge for water used and measured by special water meter shall be as provided in Section 913.03.
(c) In the event any lot, parcel of land, building or premises connected with and discharging sanitary sewage or industrial wastes into the City sanitary sewer system is not a user of water supplied by the City, or any water used thereon is not measured by a City water meter, then in each such case the amount of water so used shall be measured by a meter of a size acceptable to the City to be installed at the expense of the owner or other interested party. In the event that it is impracticable or impossible that the amount of water so used be measured by a meter, or in the event that the majority of water used does not return to the sanitary sewer, then the owner or other interested party of any such lot, parcel of land, building or premises may install a sewage meter measuring the flow of sewage into the sanitary sewer system, such meter to be of a design and construction satisfactory to the City. Until such meters are installed as provided in this section, the City shall estimate as nearly as possible the amount of sewage in each individual case by methods of measurement of flow of sewage as may be used under established engineering procedure, and the charge shall be based upon such estimated measurement.
(d) The rates charged users outside the corporation limits but within the limits of Bath Township shall be fifty percent (50%) in excess of regular rates. The rates charged users outside the corporation limits but not within Bath Township shall be one hundred percent (100%) in excess of regular rates. These surcharges shall not apply to services provided to other political subdivisions.
(e) Each meter, except compound meters, shall be considered separately in billing. A special charge shall be made for destructive industrial wastes.
(f) The service charge as provided in this section shall be computed on a monthly basis on a day as designated. Except as provided above, the usage to be used for the alternate months in which the meter is not read shall be estimated. For the purpose of computing charges, readings shall be rounded to the nearest hundredth.
(Ord. 47-19. Passed 11-18-19.)
915.03 COLLECTION OF SERVICE CHARGES; LIEN.
The service charges levied at the rates as provided in Section 915.02 shall be billed within fifteen days of the day as designated and shall be payable within fifteen days after billing. The City shall have the right in the event of nonpayment to discontinue water service to such premises until such unpaid sewer service charges and penalties have been fully paid. Each service charge, including any applicable miscellaneous charges, not paid within ninety days after it is due and payable shall be certified from time to time by the Finance Director to the Auditor of Greene County, Ohio, who shall place the same on the tax duplicate of the County with interest and penalties allowed by the law and be collected as other taxes are collected. (Ord. 47-19. Passed 11-18-19.)
915.04 DISPOSITION OF FUNDS.
The funds received from the collection of such charges or rentals as hereinafter authorized shall be deposited daily with the Finance Director, and the money so deposited shall be kept in a separate and distinct fund and shall be known as the Sewer Fund, and when appropriated by Council shall be available for payment of the costs and expenses of maintenance, operation, management and repair of the sewer systems, and any surplus in such fund may be used for the payment of the interest of bonds issued and outstanding or which may be issued to provide funds with which to pay the City's portion of the cost of constructing such sewer systems, or part thereofand to retire such bonds when they mature or become callable, and for the enlargement or replacement of the sewer systems . The expense of any extension of the sewer systems into unsewered areas shall be approved in accordance with Section 915.21. (Ord. 47-19. Passed 11-18-19.)
915.05 CONSTRUCTING SEWERAGE; RECEPTACLES.
No person, owner, or occupant of any lot or parcel of land, or building thereon, located within the City, shall establish or construct a privy, septic tank, cesspool or other receptacle for sewerage or excreta, or a connection to a private sewer, ditch or other outlet, where public sanitary sewer service is available and already installed in the street, right of way, or dedicated easement adjacent to the property involved.
(Ord. 47-19. Passed 11-18-19.)
915.06 USING SEWERAGE RECEPTACLES.
(a) No person, owner or occupant of any lot or parcel of ground, or building thereon, located in the City shall use, permit to be used, maintain or permit to remain a privy, septic tank, cesspool or other receptacle for sewerage or excreta, or a connection to a private sewer, ditch or other outlet, where public sanitary sewer and water service are available and already installed in the street adjacent to the property involved.
(b) Upon connection to the City system, any previous sewerage receptacles shall be abandoned in accordance to City and Greene County Health Department requirements at the owner's expense with certification of same provided to the City.
(Ord. 47-19. Passed 11-18-19.)
915.07 NECESSARY PLUMBING AND TOILET FACILITIES.
All buildings shall have the necessary plumbing and toilet facilities as are required by law, and the same shall be connected with the sanitary sewer system of the City, provided such sanitary sewer service is available and, in any case where public sanitary sewer a service is not available and it is subsequently made available by being installed in the street, right of way, or dedicated easement adjacent to the property on which the building is located, connection thereto shall be made within six months after such service is certified to be available by the City Manager by written notice to the property owner.
(Ord. 47-19. Passed 11-18-19.)
915.08 LOTS CREATED FROM DIVISION OF PLATS.
Where division is made of an originally platted lot resulting in a new lot that is without sewer facilities, the City shall not be required to spend any money to make such service available. (Ord. 47-19. Passed 11-18-19.)
915.09 LOTS ABUTTING UNSEWERED STREETS.
Where there are lots abutting streets without sanitary or storm sewer mains, the City shall not be required to spend any money to install such mains.
(Ord. 47-19. Passed 11-18-19.)
915.10 EXTENSION OF SEWER MAINS.
If the extension of any sewer lines is approved by Council, the expense of extending such mains shall be charged according to the policy established by Council.
(Ord. 47-19. Passed 11-18-19.)
915.11 SEWER CONNECTION AND INSPECTION FEE
No sewer shall be constructed to connect with a public sewer, nor shall any connection be made to a public sewer within the City unless the proper sewer connection and inspection permit is obtained from the City. Application for a permit to connect to City sewer shall be made to the City. The charge for such permit shall be thirty dollars ($30.00).
(Ord. 47-19. Passed 11-18-19.)
915.12 NEW SEWER SERVICE CONNECTIONS.
(a) All taps to sewer mains and installations of service lines from the main to the property line shall be made by the City; by a contractor registered with the City in accordance to Chapter 909; or by a developer within a given plat as part of a complete sewer system. The City reserves the right to require third party installations. When sewer taps and/or sewer service line installations are performed by the City, charges for such work shall be in accordance to the current schedule of fees maintained by the Division of Water and Sewer and shall include the cost of all labor, material, equipment and overhead.
(b) Installation of service lines from the property line to dwelling or other premises shall be by only those persons approved and authorized by the City in accordance to Chapter 909.
(c) Payment for such installation shall not relieve the property owner from securing and paying for permits as required by Section 915.12.
(Ord. 47-19. Passed 11-18-19.)
915.13 REQUIREMENTS FOR SEWER CONNECTION.
The written permission to construct a sewer or to make a connection to a public sewer shall specify the permissible use of such sewer and connection, and such specifications shall be governed by the following requirements:
(a) Sewage, including wastes from water closets, laundries, cellar floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains and other objectionable wastes shall be discharged into a sanitary sewer, and in no case into a storm water sewer.
(b) Surface water, rain water from roofs, subsoil drainage, building foundation drainage, cistern overflow, clean water from condensers, waste water from water meters and elevators, and any other clean and unobjectionable waste water shall in no case be discharged into a sanitary sewer.
(c) Connection with a cesspool or a privy vault shall not be made into a sanitary or storm water sewer.
(d) The trap for the interception of grease and oil shall be provided on a connection from a hotel, restaurant, club or institutional kitchen, and from a public garage or automobile washing station. Such trap shall be satisfactory to the City.
(e) No person shall discharge into a sewer, or tap a sewer for the purpose of discharging into it, any waste or drainage water prohibited by the provisions of this section. Any existing connection in violation of the provisions of this section shall be abandoned and removed.
(Ord. 47-19. Passed 11-18-19.)
915.14 MANAGEMENT AND ADMINISTRATION.
(a) The City Manager is hereby authorized and directed to manage and control the sewer systems in a safe, economical and efficient manner; to make such bylaws and regulations; and to adopt a schedule of fees for specialized services performed by the Division of Water and Sewer as may be deemed necessary for such safe, economical and efficient management and operation.
(b) The schedule of fees for specialized services shall be developed using industry standards which may include: cost recovery plus administrative fees, FEMA reimbursement rates, and/or surveys of others providing similar services. This schedule shall be reviewed and approved annually by the City Manager.
(c) For all special cases not covered under the schedule of fees, the service charge shall be approved by the City Manager.
(d) The City Manager shall adopt and enforce specifications and regulations in accordance with the provisions and intent of this chapter for the purpose of providing control of the installation and construction of sewer service connections and the inspection thereof. The City shall maintain accurate and complete records of all permits issued for and inspections made of private sewers and connections to the public sewers. It shall also require the abandonment and removal of connections to the public sewers which violate the provisions of this chapter. (Ord. 47-19. Passed 11-18-19.)
915.15 ANNUAL REVIEW.
The sewer system service charges shall be reviewed annually by the City in order to determine whether or not they are sufficient to defray the total annual cost of the operation, maintenance, repair and replacement of the sewer system. If the difference between the total annual revenue derived and the total cost is sufficient to justify an increase or decrease in the sewer system service charges, the City shall adjust the rates as required. Council shall take actions necessary to maintain operations and debt service on a self-supporting basis.
(Ord. 47-19. Passed 11-18-19.)
915.16 CONNECTION LIMITS.
No person, firm or corporation shall be permitted to connect to or discharge wastewater to the City sanitary sewer system unless it has been determined by the City that there is sufficient capacity in the system to collect, convey and treat the proposed wastewater discharge of such person, firm or corporation.
(Ord. 47-19. Passed 11-18-19.)
915.17 NO FREE SERVICE.
All users of the City's wastewater treatment facilities are required to pay for such services in proportion to the use of such facilities as determined by a meter recording water usage, a sewage flow meter or other means approved by the Finance Director.
(Ord. 47-19. Passed 11-18-19.)
915.18 RIGHT TO REJECT WASTES.
If any waters or wastes are discharged, or are proposed to be discharged to the public sanitary sewer system, which waters contain substances which in the judgment of the Utilities Superintendent or his authorized agent, may have a deleterious effect upon the sewage works, processes, equipment, receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, any or all of the following actions may be taken:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost (surcharge) of handling and treating the wastes not covered by existing charges.
If the Utilities Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Utilities Superintendent or a duly appointed designee, and subject to the requirements of all applicable codes, ordinances and laws.
(Ord. 47-19. Passed 11-18-19.)
915.19 CONTROL MANHOLES.
When required by the Utilities Superintendent or an authorized agent, the owner of any property serviced by a building sanitary sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sanitary sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Additionally, new industries or industries with sufficient increases in discharge volume and strength may be required to submit information on wastewater characteristics, and obtain prior approval for such discharges.
(Ord. 47-19. Passed 11-18-19.)
915.20 SEWER LATERAL RESPONSIBILITY.
(a) Following construction of a building sewer, the property owner shall own, maintain, repair or replace the building sewer lateral from the building foundation to the public owned sewer as necessary utilizing the services of a contractor approved in accordance to Chapter 909. Pertinent permits and inspection fees shall be required for all such work.
(b) Following construction of a private storm sewer system lateral, catch basin or other appurtenances, the property owner shall own, maintain, repair or replace the private storm sewer system when necessary. The property owner's responsibility for the private storm sewer system shall be to the connection with the public storm water sewer. Maintenance, repair, or replacement of such private system shall be performed by a contractor approved in accordance to Chapter 909. Pertinent permits and inspection fees shall be required for all such work. (Ord. 47-19. Passed 11-18-19.)
915.21 SANITARY SEWER SERVICE TO PROPERTY OUTSIDE OF CITY LIMITS.
With appropriate authorization, property not within the City limits may receive sewer sanitary service from the City, provided that the property meets the other requirements of this Chapter and the owner of the property agrees to be annexed into the City at some point in the future, should the City limits become contiguous with his or her property. Agreement by the current property owner to be annexed into the City shall be binding on all heirs and assigns of the property.
The City Manager may authorize sanitary sewer provision for single family homes when using existing infrastructure. For all other situations, authorization must be sought from City Council. (Ord. 47-19. Passed 11-18-19.)
915.22 TAMPERING WITH THE CITY SEWER SYSTEM.
No person shall knowingly, without consent of the City:
(a) Interfere with, damage, or by-pass a water or sewer meter, meter reading equipment or other accessory with the intent to impede the correct registration of the meter or accessory so as to reduce the amount of sewer usage that is registered on said meter.
(b) Discharge sewage to a manhole without approval of the Utilities Superintendent.
(c) Maliciously open, close, adjust, deposit debris or interfere with a sewer manhole, pipes, mains, or other components of a sewer system owned by the City, with intent to cause the escape of sewage or storm water, to injure or destroy, or to obstruct the operation of such property.
(d) Tap, sever, open or make unauthorized connections with a sewer system main or pipe used or intended for the transmission of sewage or storm water.
(e) No person shall commit any act tending to deface, damage, or obstruct in any manner any building, machinery, pipes, apparatus, or other fixtures of the City sewer systems.
(Ord. 47-19. Passed 11-18-19.)
915.99 PENALTIES.
(b) Whoever violates any provision of Sections 915.22 shall be deemed guilty of a second degree misdemeanor. Each day such violation continues shall be deemed a separate offense. (Ord. 47-19. Passed 11-18-19.)
916.01 PURPOSE AND POLICY.
(a) The sections contained in this chapter provide for the regulation of direct and indirect contributors to the City Wastewater System through the issuance of permits to certain users and through enforcement of general requirements for all users, authorize monitoring and enforcement activities, require user reporting, assume that existing customer's capacity shall not be preempted, and provide for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
(b) This chapter shall apply to the City of Fairborn and to persons outside the City who are, by contract or agreement with the City, users of the City of Fairborn POTW. Except as otherwise provided herein, the Water Reclamation Superintendent and the Pretreatment Analyst shall administer, implement and execute the provisions of this chapter.
(Ord. 24-93. Passed 5-3-93.)
916.02 DEFINITIONS.
(a) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
(1) "Act or the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(2) "Approval Authority" means the Director in an NPDES State with an approved State Pretreatment program and the appropriate Regional Administrator in a non-NPDES State, or NPDES State without an approved State Pretreatment program.
(3) "Authorized representative of industrial user" means either:
A. A principal executive officer of at least the level of vice- president, if the industrial user is a corporation;
B. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
C. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(4) "Biochemical oxygen demand (BOD)" means the same as defined under test methods found at 40 CFR part 136.
(5) "Building sewer" means a sewer conveying wastewater from the premises of a user to the POTW.
(6) "Categorical Standards" means the National Categorical Pretreatment Standards or Pretreatment Standard.
(7) "City" means the City of Fairborn, Ohio or the Administrative Panel of the City of Fairborn, Ohio.
(8) "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(9) "Control Authority" means either:
A. The POTW if the POTW's submission for its pretreatment program has been approved in accordance with the requirements of 40 CFR Part 403.11; or
B. The Approval Authority if the submission has not been approved.
(10) "Director" means the Chief Administrative Officer of a State or Interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act and an approved State pretreatment program.
(11) "Environmental Protection Agency or EPA" means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of such agency.
(12) "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(13) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
(14) "Indirect discharge" means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
(15) "Industrial user" means a source of indirect discharge.
(16) "Interference" means an inhibition or disruption of the POTW, its treatment processes or operations, or its sludge process, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use of disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the afore cited authorities whenever such user:
A. Discharges a daily pollutant loading the excess of that allowed by contract with the POTW or by Federal, State or local law;
B. Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or
C. Knows or has reason to know that its discharge alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above cited authorities as they apply to the POTW's selected method of sludge management.
(17) "National Categorical Pretreatment Standard or Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial user.
(18) "National Prohibitive Discharge Standard or Prohibitive Discharge Standard" means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
(19) "New source" means any building, structure, facility or installation from which there is, or may be, an indirect discharge, the construction of which commenced:
A. After promulgation of Pretreatment Standards under Section 307(c) of the Act which are applicable to such source; or
B. After proposal of Pretreatment Standards in accordance with Section 307(c) of the Act which are applicable to such source, but only if Standards are promulgated in accordance with Section 307(c) within 120 days of their proposal.
(20) "NPDES Permit" means a permit issued to a POTW pursuant to Section 402 of the Act.
(21) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(22) “pH” means the same as defined under test methods found at 40 CFR part 136.
(23) "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(24) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
(25) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changed or by other means, except as prohibited by 40 CFR part 403.6(d). Appropriate pretreatment technology includes control equipment, such as, but not limited to, equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the facility shall meet an adjusted pretreatment limit calculated in accordance with 40 CFR . part 403.6(e).
(26) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(27) "Publicly Owned Treatment Works (POTW)" means a treatment works as defined by Section 212 of the Act, which is owned by a State or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycle and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works.
(28) "POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
(29) "Shall" is mandatory; "may" is permissive.
(30) "State" means the State of Ohio.
(31) "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Officer of the President, Office of Management and Budget, 1972.
(32) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(33) "Suspended solids" means the same as defined under test methods found at 40 CFR part 136.
(34) "Superintendent" means the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
(35) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
(36) "User" means any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
(37) "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with such ground water, surface water or storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(38) "Process wastewater" means any water which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
(39) "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.
(40) "Wastewater Contribution Permit" means the same as set forth in Sections 916.13 to 916.17.
(Ord. 42-87. Passed 8-17-87.)
916.03 ABBREVIATIONS.
The following abbreviations shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
1 - Liter
mg - Milligrams
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
O & M - Operation and Maintenance
POTW - Publicly Owned Treatment Works
SIC - Standard Industrial Classification
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
USC - United States Code
TSS - Total Suspended Solids
(Ord 42-87. Passed 8-17-87.)
916.04 GENERAL DISCHARGE PROHIBITIONS.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, State or local Pretreatment Standards or Requirements. A user may not contribute the following substances to the POTW:
(a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point into the system), be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the City, the State or EPA has notified the user is a fire hazard to the system.
(b) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent limestone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes.
(c) Any wastewater having a pH less than 5.0, unless the POTW is specifically designed to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structure, equipment and/or personnel of the POTW.
(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment processes, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
(e) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(f) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or State criteria applicable to the sludge management method being used.
(g) Any substance which will cause the POTW to violate its NPDES and/or State Disposal System Permit or the receiving water quality standards.
(h) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(i) Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction in the POTW which exceeds 40 C (104 F) unless the POTW treatment plant is designed to accommodate such temperature.
(j) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW.
(k) Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.
(l) Any wastewater which causes a hazard to human life or creates a public nuisance.
(m) Any wastewater directed to the sanitary sewer line without notification to the City of Fairborn's Water and Sewer Maintenance Department.
When the Superintendent determines that a user(s) is contributing to the POTW, any of the above enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall: (1) Advise the user(s) of the impact of the contribution on the POTW; and (2) Develop effluent limitation(s) for such user to correct the interference with the POTW.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.05 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.
Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.06 SPECIFIC POLLUTANT LIMITATIONS AND SURCHARGE PROCEDURES.
No person shall discharge wastewater that does not comply with the following
limits:
Oil/Grease equal to or less than 94 mg/L.
pH equal to or greater than 5.0 S.U.
pH equal to or less than 9.0 S.U.
BOD equal to or less than 250 mg/L.
COD equal to or less than 368 mg/L.
SS equal to or less than 250 mg/L.
If, in the judgment of the City Water Reclamation Center Superintendent or the Pretreatment Coordinator, any industrial/commercial user activity requires City monitoring and/or sampling and/or laboratory analytical services at regular established intervals or as a result of specific events, then the user shall be surcharged in accordance with Section 916.11(b)(7) to cover the City's associated labor and material consumption costs. The user may opt to hire, at the user's expense, an EPA approved commercial laboratory to perform any or all of the required monitoring, sampling, or analyzing. If such a commercial lab is used, the user(s) shall, at the user's expense, ensure that the commercial lab sends or delivers a copy of the analytical results to the Water Reclamation Center.
If analysis reveals a user's discharge exceeds the following domestic average
concentrations, d,
d = BOD = 250 mg/L, and/or
d = COD = 368 mg/L, and/or
d = SS = 250 mg/L,
then the Water Reclamation Center Superintendent or the Pretreatment Coordinator shall determine if the City treatment system has enough excess capacity to treat the high strength waste without jeopardizing the system. If not, the user shall comply with the limits established herein. If yes, the user shall be given the option of discharging to the City sanitary sewer subject to limitations (if required) as determined by the Water Reclamation Center Superintendent or the Pretreatment Coordinator. If given the option and the user chooses to discharge to the City sanitary sewer, then the user shall be surcharged in accordance with Section 916.11(b)(7) for the additional costs associated with treating the high strength wastewater.
The surcharge shall be computed as follows:
Define the following variables as shown.
SC = surcharge
TMC = time and material charge
TC = t reatment charge
CSR = City sewage rate
Gs = gallons subject to surcharge (daily discharge or daily batch volume)
WS; = waste strength
RF = risk factor
r = risk coefficient, 1 r 10, base value r = 1.0
DF = plant's design flow in gallons/day
AF = plant's average daily flow in gallons
ECR = excess capacity reduction due to user
h = duration of discharge in hours
L = plant’s design limit parameter concentration in mg/L
d = average domestic/background parameter concentration in mg/L
p = plant’s average parameter concentration in mg/L
u = user’s parameter concentration in mg/L
Let
SC = TMC + TC
where TC = CSR/748 x Gs x WS x RF WS = [(u/d) - 1] RF = [r/(1-ECR)] ECR = Gs (u) [sqrt(24/h)]/[(DF x L) - (AF x p)] and u d, (DF x L) > (AF x p), 1 h 24 |
The plant’s average parameter concentration, p, may be a daily, monthly or yearly average. The averaging period for each parameter shall be determined by the Water Reclamation Center.
In situations where operational considerations indicate that the risk coefficient r, shall be set at a value other than the baseline value defined herein, the Water Reclamation Center shall provide recommended values.
To minimize complexity, the Water Reclamation Center shall use the above general formula and substitute the appropriate values for TMC, CSR, DF, AF, r, L, d and p. The resulting equations shall then be incorporated into an Administrative Memo to establish specific surcharges. Labor costs shall reflect pay rates and the cost of fringe benefits. An administrative charge of fifteen percent (15%) shall be added to the TMC portion of the surcharge. The values used for CSR, r and p shall be explicitly stated. The averaging periods shall also be explicitly stated. This Memo shall be updated by the Water Reclamation Center as required to keep surcharges current. The Memo and all subsequent updates shall become effective when signed by the City Manager.
(Ord. 61-93. Passed 9-20-93.)
916.07 STATE REQUIREMENTS.
State requirements and limitations on discharges shall apply in any case where they are more stringent than Federal requirements and limitations or those in this chapter.
(Ord. 42-87. Passed 8-17-87.)
916.08 CITY’S RIGHT OF REVISION.
The City reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in Section 916.01.
(Ord. 42-87. Passed 8-17-87.)
916.09 EXCESSIVE DISCHARGE.
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant-specific limitation developed by the City or State.
(Ord. 42-87. Passed 8-17-87.)
916.10 ACCIDENTAL DISCHARGES; NOTICE.
(a) Procedures and Notification. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(b) Written Notice. Within five days following an accidental discharge the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
(c) Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 42-87. Passed 8-17-87.)
916.11 FEES.
(a) Purpose. It is the purpose of this chapter to provide for the recovery of costs from users of the City's wastewater disposal system for the implementation of the program established herein. The applicable charges or fees shall be set forth in the City's Schedule of Charges and Fees.
(b) Charges and Fees. The City may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the City's Pretreatment Program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals;
(6) Fees for consistent removal (by the City, of pollutants otherwise subject to Federal Pretreatment Standards); and
(7) Other fees as the City may deem necessary to carry out the requirements contained herein.
(c) These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable by the City.
(Ord. 42-87. Passed 8- 17-87.)
(Ord. 42-87. Passed 8- 17-87.)
916.12 WASTEWATER DISCHARGERS.
It shall be unlawful to discharge with a City permit to the POTW any wastewater except as authorized by the Superintendent in accordance with the provisions of this chapter.
(Ord. 42-87. Passed 8-17-87.)
916.13 WASTEWATER CONTRIBUTION PERMITS REQUIRED.
All industrial/commercial users proposing to connect to or to contribute to the POTW or any user who commences contribution to the POTW after the effective date of this chapter shall obtain a Wastewater Discharge Permit application before connecting to or contributing to the POTW.
(Ord. 42-87. Passed 8- 17-87.)
(Ord. 42-87. Passed 8- 17-87.)
916.14 PERMIT APPLICATION.
All industrial/commercial users shall complete and file with the City an application in the form prescribed by the City, and accompanied by a fee of fifty dollars ($50.00). New users shall apply for a Wastewater Contribution Permit at least ninety days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location (if different from the address);
(b) SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics including, but not limited to, those mentioned in Sections 916.04 to 916.10 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, part 136, as amended;
(d) Time and duration of contribution; new users shall submit the time and duration of proposed or anticipated discharge;
(e) Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(g) Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
(h) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State or Federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable Pretreatment Standards;
(i) If additional pretreatment and/or O&M shall be required to meet the Pretreatment Standards; the shortest schedule by which the user shall provide such additional pretreatment. The completion date in this schedule shall not be later than eighteen months. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable Pretreatment Standards (such as, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) No increment referred to in subsection (i)(1) hereof shall exceed eighteen months.
(3) Not later than fourteen days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) Any other information as may be deemed necessary by the City to be necessary to evaluate the permit application.
The City shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Contribution Permit subject to the terms and conditions provided herein.
(Ord. 42-87. Passed 8-17-87.)
916.15 PERMIT MODIFICATIONS.
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Contribution Permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Contribution Permit as required by Section 916.14, the user shall apply for a Wastewater Contribution Permit within 180 days after the promulgation of the Applicable National Categorical Pretreatment Standard. In addition, the user with an existing Wastewater Contribution Permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal Categorical Pretreatment Standard the information required by Section 916.14(h) and (i).
(Ord. 42-87. Passed 8-17-87.)
916.16 PERMIT CONDITIONS.
Wastewater Discharge Permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on the average and maximum wastewater constituents and characteristics;
(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(d) Requirements for installation and maintenance of inspection and sampling facilities;
(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(f) Compliance schedules;
(g) Requirements for submission of technical reports or discharge reports (see Section 916.18);
(h) Requirements for maintaining and retaining plant records for relating to wastewater discharge as specified by the City, and affording City access thereto;
(i) Requirements for notification to the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system;
(j) Requirements for notification of slug discharges as per Section 916.24; and
(k) Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.17 PERMITS DURATION AND TRANSFER.
(a) Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in Sections 916.04 to 916.10 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(b) Wastewater Discharge Permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.18 REPORTING REQUIREMENTS FOR PERMITTEE.
(a) Compliance Date Report. Within ninety days following the date for final compliance with applicable Pretreatment Standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to Pretreatment Standards and Requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards or Requirements. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the industrial user.
(b) Periodic Compliance Reports.
(1) Any user subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Superintendent, a report indicating the nature and concentration, of pollutants, in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows which during the report period exceeded the average daily flow reported in Section 916.14(e). At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2) The Superintendent may impose mass limitations on users or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by subsection (b)(1) hereof shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable Pretreatment Standards. The frequency of monitoring shall be prescribed in the applicable Pretreatment Standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants", April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.)
(Ord. 42-87. Passed 8-17-87.)
916.19 MONITORING FACILITIES.
(a) The City shall require to be provided and operated at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it shall not be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety days following written notification by the City.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.20 INSPECTION AND SAMPLING.
The City shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The City, Approval Authority and (where the NPDES State is the Approval Authority), EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Approval Authority and EPA shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.21 PLANS AND RECORDS.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes.
(Ord. 42-87. Passed 8- 17-87.)
916.22 CONFIDENTIAL INFORMATION.
(a) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information.
(c) Information accepted by the City as confidential, shall not be transmitted to any governmental agency or to the general public by the City until and unless a ten-day notification is given to the user.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.23 SERVICE OR PERMIT SUSPENSION.
(a) The City may suspend the wastewater treatment service and/or a Wastewater Contribution Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an eminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES Permit.
(b) Any person notified of a suspension of the wastewater treatment service and/or the Wastewater Contribution Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including the immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Contribution Permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen days of the date of occurrence.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.24 PERMIT REVOCATION.
(a) Failure of the user to factually report the wastewater constituents and characteristics of discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
(d) Violations of conditions of the permit; or
(e) Violation of conditions of this chapter.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.25 VIOLATION NOTICE.
Whenever the City finds that any user has violated or is violating this chapter, Wastewater Contribution Permit, or any prohibition or limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.
(Ord. 42-87. Passed 8-17-87.)
(Ord. 42-87. Passed 8-17-87.)
916.26 SHOW CAUSE HEARING.
(a) The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before an Administrative Panel comprised of the City Solicitor, Water Reclamation Superintendent, Pretreatment Analyst, representative user from another City comparable to the violator and the Utilities Superintendent why the proposed enforcement action should not be taken. The Administrative Panel shall report its findings to the City Manager and make recommendations for action.
(Ord. 25-93. Passed 5-3-93.)
(Ord. 25-93. Passed 5-3-93.)
(b) The Administrative Panel may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(1) Issue in the name of the Administrative Panel notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Administrative Panel for action thereon.
(c) At any hearing held pursuant to this chapter, testimony taken shall be under oath, and recorded stenographically. The transcript, so recorded, shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) After the Administrative Panel has reviewed the evidence, it shall report and make recommendations to the City Manager. An order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 42-87. Passed 8-17-87.)
916.27 LEGAL ACTION.
If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this chapter, Federal or State Pretreatment Requirements, or any order of the City, the City Solicitor may commence an action for appropriate legal and/or equitable relief in the Common Pleas Court of Greene County.
(Ord. 42-87. Passed 8- 17-87.)
(Ord. 42-87. Passed 8- 17-87.)
916.28 SEVERABILITY.
If any provision, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect.
(Ord. 42-87. Passed 8-17-87.)
916.99 PENALTY.
(a) Civil Penalties. Any user who is found to have violated an order of the Administrative Panel or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
(b) Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or Wastewater Contribution Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both.
(Ord. 42-87. Passed 8-17-87.)
917.01 DEFINITIONS.
For the purpose of this chapter:
(a) "Solid waste" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from the combustion of coal and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty percent (50%) of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt, and debris. "Solid wastes" does not include any material that is an infectious waste or a hazardous waste.
(b) "Construction waste" means waste from building construction, alterations or repair, and dirt from excavation, and unusual or special manufacturing or trade waste are not classified as municipal waste. This type of waste will not be collected with the regular collection, but shall be subject to the collection charges made for special service.
(c) "Residential unit" or "dwelling" means the place of abode of a person or persons living separately or together as an independent family.
(d) "Multiple-family residence," "apartment," or "dwelling" means the grouping together under a common roof of two or more residential units.
(e) "Bulk items" means discarded household goods such as: furniture, springs and mattresses, stoves, ranges, refrigerators, dishwashers, dryers, washers, water heaters, wood not over four (4) feet in length, toys, porcelain, carpeting [not over four (4) feet in length and two (2) feet in diameter], leather, rubber products (excluding tires), and excessive fruit from trees on residential property, excluding orchards, or other similar items. Residents shall be responsible for removing oils and refrigerants from all CFC appliances prior to setting them at the curb. These materials should be set at the curb for their normal pickup with their regular solid waste pickup.
(f) "Extra pick-up" for residential dwellings means all pick-ups exceeding the three (3) bulk pick-ups provided in regular weekly service and/or an entire dwelling move out or clean-up. Extra pick-up for commercial/residential and commercial/business customers means all items exceeding the capacity of the provided containers.
(g) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting solid waste that would otherwise be disposed in a solid waste disposal facility and returning reconstituted materials to commerce as commodities for use or exchange.
(h) "Recyclable waste material" means discarded materials such as, but not limited to newspapers, cardboard, glass, PET/HDPE plastic bottles and metal cans, which are separated from other solid waste for the purpose of recycling.
(Ord. 6-17. Passed 2-20-17.)
917.02 PURPOSE AND INTENT.
It is the intent of Council that this chapter be liberally construed for the purpose of providing a sanitary and satisfactory method of preparation, collection and disposal of municipal solid waste and the maintenance of public and private property in a clean, orderly and sanitary condition for the peace, health and safety of the community. The City Manager is hereby authorized to make such rules and regulations as from time to time appear to him to be necessary to carry out this intent, provided, however, that such rules are not in conflict with this chapter or with ordinances of the City.
(Ord. 6-17. Passed 2-20-17.)
917.03 PREPARATION.
Solid Waste. Solid waste collected by the City need not be wrapped. Solid waste shall be collected by the City under such rules and regulations as the City Manager shall from time to time establish. Undrained garbage of a liquid or semiliquid nature will not be collected, whether in containers or not.
(Ord. 6-17. Passed 2-20-17.)
917.04 CONTAINERS.
No owner, tenant or lessee of any public or private premises shall allow the accumulation upon his/her premises of any solid waste unless it is placed and maintained as provided herein.
(a) Provisions for Containers.
(1) The occupant of every single dwelling, and two or three family buildings, where waste accumulates shall maintain and keep clean and in place proper portable containers for the accumulation of waste. The City will provide containers for use by such occupants. If such occupants choose to provide their own containers they shall conform to the City's standards for proper containers as provided herein in Section 917.04(c). Commercial/Residential and Commercial/Business customers are required to obtain recycling containers through the City contractor.
(2) Apartment or multiple-unit buildings containing four or more residential dwelling units shall be required to obtain solid and recycling waste collection through the City Utility Billing Department as prescribed by Section 917.05(b).
(b) Broken Containers. Containers that are badly broken or otherwise fail to meet the requirements of this chapter may be classified as solid waste and may be collected as solid waste by the City.
(c) Containers for Waste. Portable containers for waste shall be adequate in size and number to hold one week's accumulation, except where special permit by the City Manager is issued for a container of different size. The container shall be of reasonable substantial construction, provided with handles or bails and a tight-fitting cover, and no single container shall weigh more than seventy-five (75) pounds when filled.
(d) Location of Containers. All containers, including those meant for recycling purposes, may be stored anywhere other than in the front yard of the premises. Containers may be placed at the curb or alley line the day before pick up and shall be removed not later than the day after the scheduled pick up. Containers shall not be placed under the eaves of any building in such a manner that water from the roof will enter them, and any container filled or partially filled with ice or water will not be emptied.
(Ord. 6-17. Passed 2-20-17.)
917.05 SERVICE CHARGES.
The charges for normal solid waste and recycling collection shall be as shown below. Normal collection for a single dwelling unit shall be solid and/or recycling waste placed in acceptable containers as defined in Section 917.04. In case of unusually large quantities, rates are subject to adjustment by the City Manager.
(a) Residential Service. Each residential dwelling unit is required to use the City provided sanitation services.
(1) The rate charged for regular weekly service to each dwelling consisting of no more than three (3) residential units shall be twenty-four dollars and sixteen cents ($24.16), effective with the first billing cycle in January 2025. Regular service includes up to three (3) bulk items per week.
(2) Bulk items serviced in excess of three (3) per week are considered extra pickups. Extra pickups shall be billed in four-yard increments. The rate for each four-yard increment shall be seventy-five dollars ($75.00).
(b) Commercial/Residential Services. All multi-family dwellings of four (4) or more residential units are required to obtain solid waste and recycling containers through the City contractor based on the following criteria:
(1) Two-yard container with weekly pick-up is required for every four (4) residential units.
(2) Frequency of pick-ups must ensure all solid and recycling waste is contained inside of the container.
(3) Containers for this service shall be standardized 2-4-6-8 cubic yard containers designed for mechanized handling by solid and recycling waste collection vehicles.
(4) The City shall have the right to determine which type of solid waste service the residential dwelling may qualify for.
(5) The rate for Commercial/Residential solid waste disposal service shall be five dollars and fifty-three cents ($5.53) per cubic yard effective with the first billing of January 2024.
(6) The rate for Commercial/Residential recycling waste disposal service shall be two dollars and fifty cents ($2.50) per cubic yard.
(7) Extra pick-ups shall be billed in four-yard increments. The rate for each four-yard increment shall be twenty dollars ($20.00).
(c) Commercial/Business (Non-Residential) Services. To qualify for business status, there must be no residential capabilities on the property. Commercial/ Business is not required to use City provided solid waste and recycling disposal services. If they choose to do so there are two types of commercial collection service available:
(1) Standard Manual Collection. Manual collection services by hand shall be billed at seven dollars and fifty cents ($7.50) per container serviced.
(2) Containerized solid waste disposal services. Containers for this service shall be standardized 2-4-6-8 cubic yard containers designed for mechanized handling by solid and recycling waste collection vehicles. The rate for Commercial/Business solid waste disposal service shall be five dollars and fifty-three cents ($5.53) per cubic yard effective with the first billing of January 2024.
(3) Extra pick-ups. Extra pick-ups shall be billed in four-yard increments. The rate for each four-yard increment shall be twenty dollars ($20.00).
(4) Containerized recycling waste disposal services. The rate for Commercial/Business recycling waste disposal service shall be two dollars and fifty cents ($2.50) per cubic yard.
(d) Special Service and Rates Outside the Corporate Limits. The rates for special collection of solid waste, and for cases not covered in this section shall be fixed by the City Manager. The rates charged users outside the corporation limits but within the limits of Bath Township shall be fifty percent (50%) in excess of regular rates. The rates charged users outside the corporation limits but not within the limits of Bath Township shall be 100 percent in excess of regular rates.
(e) Billing. Service charges for solid waste collection shall be billed monthly with the water and sewer bills and shall be payable in advance for residential users. Any service charges that cannot be billed with the monthly water and sewer bills shall be billed separately as determined by the City.
(f) Annual Review. The City Manager shall cause to be made annually a review of revenues and expenses of sanitation services and shall maintain a projection of requirements for the Sanitation Fund at a minimum for the forthcoming three (3) consecutive years. Council shall take actions necessary to maintain operations and debt service of the sanitary services on a self-supporting basis.
(g) Collection Conditions. The collection of all solid waste is conditioned upon the observance of all provisions of this chapter. Collection is subject to weather and other conditions beyond the control of the City.
(h) Uncollected Solid Waste. The City reserves the right to terminate the collection of solid waste from any premises where the owner or lessee is in arrears for a period of one month. Fermenting, putrefying, or odorous solid waste in containers uncollected or dumped in the open due to the failure to pay sanitation fees shall be declared a nuisance and persons responsible shall be liable to prosecution.
(i) Authorized Collector. No person other than Municipal street cleaners, Municipal solid waste collectors or other authorized persons shall interfere with solid waste placed in the streets and public places of the City for collection by City authorities, or interfere in any manner with solid waste receptacles in the City.
(j) Recyclable Waste Material Removal. From the time of placement of recyclable waste material at the curb in designated recycling containers, no person, other than an authorized agent of the City, shall remove recyclable waste material from such containers. Each such unauthorized collection from one or more locations shall constitute a separate and distinct offense.
(Ord. 6-17. Passed 2-20-17; Ord. 29-23. Passed 11-6-23; Ord. 25-24. Passed 11-18-24.)
917.06 TRANSPORTATION.
Transportation of all solid and recycling waste through the streets of the City shall be conducted in such manner as to create no nuisance. The vehicle conveying waste must be such construction and so operated that contents shall not spill upon the public streets.
(Ord. 6-17. Passed 2-20-17.)
917.07 GENERAL PROVISIONS.
(a) Burning and Burying. No person shall, within the corporate limits of the City, throw any solid waste upon the ground or bury in the sand on any premises, public or private, or burn the same except in a heating plant so designed as to thoroughly consume the same without causing a nuisance of smoke ash or offensive odors, or burn the same in any manner that may constitute a fire hazard.
(b) Depositing. No person shall deposit, or cause to be deposited, sort, scatter or leave any solid waste, earth, ashes, cinders, sawdust, ice, glass, manure, filth, paper, dirt, grass, leaves, twigs, brush, old newspapers, handbills and waste paper, floor sweepings, or other offensive material in any public street or public property of the City including sanitary and storm sewer systems, or on any private property, except on approved private or public dumps, and except where certain of these materials are used in a normal manner for improving property by grading, fertilizing or surfacing.
(c) Safety. No person shall deposit or leave in any public street or public place, or in any private place or premises, any glass, broken or not broken, any metals, stones, earthenware, tacks, cinders or other substance of a nature likely to cause injury to travelers or pedestrians, or to injure any animal, or which might injure, cut or puncture any pneumatic tire.
(Ord. 6-17. Passed 2-20-17.)
917.08 CHARGES A LIEN.
All solid and recycling waste collection charges, including any applicable miscellaneous charges, shall constitute liens upon the property served by such collection and, if not paid within ninety (90) days after it shall be due and payable, it may be certified to the Auditor of Greene County, Ohio, who shall place the same on the tax duplicate of the County with interest and penalties allowed by law and collected as other taxes are collected.
(Ord. 6-17. Passed 2-20-17.)
917.99 PENALTY.
Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both.
(Ord. 6-17. Passed 2-20-17.)
919.01 PURPOSE AND SCOPE.
The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of Fairborn through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:
(a) To prohibit illicit discharges and illegal connections to the MS4.
(b) To regulate the contribution of pollutants to the MS4 associated with discharges from any user of the MS4.
(c) To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.
(Ord. 10-24. Passed 6-17-24.)
919.02 APPLICABILITY.
This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the City of Fairborn, except for those discharges generated by the activities detailed in Section 919.07(a)(1) of
this regulation.
(Ord. 10-24. Passed 6-17-24.)
919.03 DEFINITIONS.
The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:
(a) Best Management Practices (BMPs): means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of surface waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control plant and /or construction site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(b) Community: means the City of Fairborn, its designated representatives, boards, or commissions.
(c) Environmental Protection Agency or United States Environmental Protection Agency (USEPA); means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(d) Floatable Material: in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(e) Hazardous Material: means any material including any substance, waste or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to any human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(f) Illicit Discharge: as defined at 40 C.F.R. 122.26(b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to an NPDES permit or noted in Section 919.07 of this regulation.
(g) Illegal Connection: means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(h) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:
(1) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law), including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United states;
(2) Designed or used for collection or conveying storm water;
(3) Which is not a combined sewer, and;
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by the EPA (or a State under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
(j) Off-Lot Discharging Home Sewage Treatment System: means a system designed to treat home sewage on-site and discharges treated wastewater off-lot.
(k) Owner/Operator: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
(l) Pollutant: means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from construction of a structure, and noxious or offensive matter of any kind.
(m) Storm Water: as defined at 40 CFR 122.26(b) (13) and means storm water runoff snow melt runoff, and surface runoff and drainage.
(n) Wastewater: means the spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 10-24. Passed 6-17-24.)
919.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit or any particular parcel or property.
(Ord. 10-24. Passed 6-17-24.)
919.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City of Fairborn, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and this Chapter does not intend nor imply that compliance with the provisions of this regulation will ensure that there will be no contamination, pollution, nor unauthorized discharges.
(d) Failure of the City of Fairborn 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 City of Fairborn, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 10-24. Passed 6-17-24.)
919.06 RESPONSIBILITY FOR ADMINISTRATION.
The Public Administrative Services Director, or any designee, shall administer, implement, and enforce the provisions of this regulation. Any powers granted or duties imposed by this Chapter upon the City of Fairborn may be delegated by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City of Fairborn.
(Ord. 10-24. Passed 6-17-24.)
919.07 DISCHARGE AND CONNECTION PROHIBITIONS.
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from basement or crawl space sump pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated /dibrominated /desalinated swimming pool discharges; street wash water; and discharges or flows from non-planned fire fighting activities. These discharges are exempt until such time as they are determined by the Public Administrative Services Director, or any designee, to be significant contributors of pollutants to the MS4.
(2) Discharges specified in writing by the Public Administrative Services Director, or any designee, as being necessary to protect public health and safety.
(3) Discharges from off-lot household sewage treatment systems permitted by the Greene County Board of Health for the purposes of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio EPA issues an NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Greene County Board of Health.
In compliance with the City of Fairborn Storm Water Management Program, discharges from all off-lot household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio EPA When such permit coverage is available, discharges from the off-lot discharging household sewage treatment systems will no longer be exempt from the requirements of this legislation.
(b) Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
(Ord. 10-24. Passed 6-17-24.)
919.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program.
(1) The Public Administrative Services Director, or any designee, shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4.
(2) This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The Public Administrative Services Director, or any designee, shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The Public Administrative Services Director, or any designee, shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm sewer discharge, as determined by the Public Administrative Services Director, or any designee;.
(3) The Public Administrative Services Director, or any designee, shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quantity shall be calibrated per the manufacturer's specifications and proof of calibration shall be provided upon demand by the Public Administrative Services Director, or any designee.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the Public Administrative Services Director, or any designee, and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the Public Administrative Services Director, or any designee, access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the Public Administrative Services Director, or any designee, is refused access to any part of the facility from which storm water is discharged, and the Public Administrative Services Director, or any designee, demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Public Administrative Services Director, or any designee, may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Any costs associated with these inspections shall be assessed to the facility owner/operator.
(Ord. 10-24. Passed 6-17-24.)
919.09 ENFORCEMENT.
(a) Notice of Violation. When the Public Administrative Services Director, or any designee, finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Public Administrative Services Director, or any designee, may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/ or sent by registered mail, to the owner/ operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration or any affected property; or
(5) The implementation of source control or treatment BMPs.
(b) Violation Deadlines. If abatement of a violation and/ or restoration of affected property is required, the Notice of Violation shall set forth a deadline by which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/ operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Public Administrative Services Director, or any designee, shall schedule an administrative hearing to determine reasons
for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(e) Administrative Fines. Any owner/operator who fails to comply with any provisions of this regulation shall be subject to an administrative fine as follows. These fines shall be for violations within a six-month period and shall be per violation:
(1) First Violation $100.00 to $250.00 fine
(2) Second Violation $250.00 to $500.00 fine
(3) Third Violation $500.00 to $1,000.00 fine
Administrative Fines are due and payable to the City of Fairborn within thirty (30) days
after written notice of same is issued by the City Manager or any designee. Such notice shall be hand delivered and/ or sent by registered mail to the owner/ operator. For the purposes of this regulation, each day on which a violation occurs or continues shall be deemed a separate and distinct offense.
(f) Injunction Relief. lt shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this ordinance pursuant to O.R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this ordinance. the City of Fairborn may petition for a preliminary or permanent in junction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 10-24. Passed 6-17-24.)
919.10 REMEDIES NOT EXCLUSIVE.
The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the City of Fairborn to seek cumulative remedies.
(Ord. 10-24. Passed 6-17-24.)
921.01 DEFINITIONS.
All words used in this chapter shall have their customary meanings as defined in Webster's New World Dictionary and/or Rainwater and Land, Development 1, except those specifically defined in this Section.
[1 Rainwater and Land Development: Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection, latest edition, Ohio Department of Natural Resources.]
(1) Approval Authority: An official, organization, or group designated to review and approve/disapprove Storm Water Pollution Prevention Plans. The City of Fairborn Engineering Department shall be the Approval Authority.
(2) Authorized Agent: An official, organization, or group designated to provide technical guidance in the development and implementation of Site Development and Storm Water Pollution Prevention Plans and to review and approve/disapprove such plans as authorized. The City of Fairborn City Engineer shall be the Authorized Agent.
(3) Buffer: 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. Construction activities in this area are restricted or prohibited.
(4) Critical Storm: A storm which is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.
(5) Cut: An excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.
(6) Detention basin: An impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater.
(7) Detention facility: A detention basin or alternative structure designed to temporarily store stormwater runoff and gradually release the stored water at a controlled rate.
(8) Development Area: Any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth disturbing activities are planned or underway.
(9) Earth-Disturbing Activity: Any grading, excavation, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(10) Fill: Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(11) Non-structural controls: Stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
(12) Ohio EPA General Permit for Construction Activities: Ohio Environmental Protection Agency General Permit Authorization for Stormwater Discharges Associated with Construction Activity Under the National Pollutant Discharge Elimination System, Ohio EPA Permit Number OHC000005 or latest version.
(13) Parcel: Any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.
(14) Peak Rate of Runoff: The maximum rate of runoff for any 24 hour storm of a given frequency.
(15) Pre-Development Conditions: Site conditions as they existed prior to manmade alterations and/or earth disturbing activities.
(16) Sediment Basin: A barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
(17) Site Development Plan: The written document or set of plans meeting the requirements of this chapter that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of earth disturbing activities.
(18) Steep Slope: A slope over fifteen percent (15%) grade, which is characterized by increased run-off, erosion and sediment hazards.
(19) Stop-work order: An order issued which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWP3 or Site Development Plan.
(20) Stormwater Management Plan (SMP): The written document meeting the requirements of this chapter regulation that sets forth the plans and practices to be used to minimize storm water runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.
(21) Storm Water Pollution Prevention Plan (SWP3): The document required by the Ohio EPA for compliance with its General Permit for Construction Activities, latest version. The requirements of the SWP3 are required as part of the local jurisdiction's Stormwater Management Plan as described above and in this regulation.
(22) Storm Frequency: The average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(23) Storm Sewer: A sewer that carries storm water and surface water, street wash and other wash waters, but excludes domestic wastewater and industrial wastes. Also called a storm drain.
(24) Structural controls: Any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
(25) Swale: A low lying stretch of vegetated land which gathers and carries surface water.
(26) Temporary vegetation: Short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
(27) Watercourse: Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
(28) Watershed: Any region of land where water from rain or snowmelt drains downhill into a body of water (stream, river, pond, lake, etc.); the watershed includes both streams and rivers that convey the water as well as the land surfaces which drain into the bodies of water.
(Ord. 10-24. Passed 6-17-24.)
921.02 INTENT AND SCOPE.
(a) The intent of this chapter is to protect the land and water resources of City of Fairborn by establishing standards to achieve a level of soil erosion and stormwater control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities. In addition this regulation further intends to:
(1) Assure that those involved in earth-disturbing activities minimize both soil erosion and the volume and rate of stormwater runoff from their sites.
(2) Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and replace enclosed, subsurface storm drain systems.
(3) Assure that stormwater controls are incorporated into site planning and design at the earliest possible stage and that all stormwater management practices are properly designed, constructed, and maintained.
(4) Prevent unnecessary stripping of vegetation and loss of soil and to promptly revegetate and stabilize the site following earth disturbing activities.
(5) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, wetlands, and stormwater management practices.
(6) Encourage the construction of stormwater management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(7) Preserve to the maximum extent practicable natural infiltration and groundwater recharge.
(b) Any person or persons proposing to develop or redevelop land within the City of Fairborn for any of the uses listed in subsection (c) hereof shall design, develop, and submit a Site Development Plan as described in Section 921.04, if land disturbing activities are greater than or equal to one (1) acre, or less than one (1) acre, if part of a larger common plan of development or sale . Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impacts that may result from such development activities and the need for submission of a Storm water Management Plan (SMP) described in Section 921.05 to minimize these impacts.
(c) This chapter shall apply to both the development and redevelopment of land proposed for the following:
(1) Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non agricultural uses in rural areas.
(2) Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
(3) Public infrastructure uses, including transportation and utilities.
(4) Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(d) This chapter does not apply to earth disturbing activities associated with agricultural activities.
(e) No earth disturbing activity subject to regulation under this chapter shall be undertaken for any land proposed for development or redevelopment for uses specified under subsection (c) hereof without an approved Site Development Plan as required under Section 921.04, and, if appropriate, a Stormwater Management Plan (SMP) as required under Section 921.05.
(f) Final approval of a proposed development or redevelopment shall not be given unless:
(1) A determination is made by the authorized agent(s) based on submission of a Site Development Plan as detailed in Section 921.04 that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters, or
(2) A SMP as detailed in Section 921.05 has been approved by the Planning Commission of the City of Fairborn based on the recommendation of its City Engineer (authorized agent) that determines that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of offsite lands and waters.
(g) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare a SMP as described in Section 921.05.
(1) Activities disturbing greater than or equal to one (1) acre, or less than one (1) acre, if part of a larger common plan of development or sale.
(2) Activities that require the extension of public utilities (roadways, water mains, sanitary sewer mains, storm sewers, etc.).
(3) Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement.
(4) Activities that will channelize, straighten, and/or modify a watercourse within the identified 100 year floodplain (studied and unstudied).
(h) Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and a SMP provided they meet all of the following:
(1) Construction takes place on one parcel.
(2) The earth disturbing activity does not affect more than one acre of the development site at a time.
(3) Is not located within 500 feet of a sensitive natural area as described in subsection (c)(4) hereof.
(4) Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.
(5) One or both of the following:
A. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites set forth by the City of Fairborn and/or its authorized agent(s).
B. The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said Plan.
(i) Exemption under subsection (h) hereof does not exempt any person or persons from other provisions of this chapter or liability from their activities.
(Ord. 10-24. Passed 6-17-24.)
921.03 PERFORMANCE STANDARDS.
(a) All Erosion and Sediment Kept on Site. Erosion and sedimentation caused by accelerated wind or stormwater runoff over the site due to earth disturbing activities shall be stabilized and confined to within the boundaries of the development site or approved facility.
(b) Discharge of Untreated Stormwater. To the maximum extent practicable the site shall not discharge untreated stormwater directly into a receiving body of water.
(c) Structural and Nonstructural Best Management Practices.
(1) Nonstructural stormwater management practices shall be used to the maximum extent practicable. Such practices may include, but not be limited to, preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction, and designation of tree preservation areas.
(2) Nonstructural and structural stormwater management practices shall be designed in accordance with requirements and standards specified in this chapter and/or by the authorized agent(s).
(3) Structural and nonstructural stormwater management practices shall be placed in easements and recorded on the property deeds on which they are located and shall remain unaltered unless first approved by the City of Fairborn Engineer.
(4) In designing storm water detention and retention facilities, water quality benefits shall be considered to the maximum extent practicable.
(d) Stream and Wetland Riparian Buffers. (a) The site owner and/or applicant shall leave an undisturbed riparian buffer on both sides of and/or surrounding water resources, except for crossings and other riparian area and wetland impacts approved by the City of Fairborn Engineer. Buffer width will be determined on a case by case using criteria such as floodplain, topography, vegetative cover, canopy cover, and soil types, etc.
(e) Channel Protection. To protect stream channels from degradation a specific channel protection criteria shall be provided as prescribed in the latest edition of Rainwater and Land Development.
(f) Temporary Stabilization of Disturbed Areas and Soil Stockpiles.
(1) A temporary vegetative cover shall be established on disturbed areas as specified in the most recent version of the Ohio EPA General Permit for Construction Activities.
(2) Application practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be appropriate for the time of year, site conditions and estimated time of use.
(3) Topsoil removed shall be stored on site and shall be stabilized with quick growing plants or other means, so that it is protected from wind and water erosion. Topsoil shall be maintained in a usable condition for sustaining vegetation and reused on the site.
(g) Permanent Stabilization.
(1) A permanent vegetative cover shall be established on disturbed areas as specified in the most recent version of the Ohio EPA General Permit for Construction Activities.
(2) Permanent vegetation shall not be considered established until a ground cover is achieved which is mature enough to control soil erosion and will survive severe weather conditions.
(h) Cut And Fill Slopes. Cut and fill slopes shall be designed, constructed and stabilized in a manner which will minimize erosion. Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions and other applicable factors. If after final grading excessive erosion takes place, additional slope stabilizing measures by the owner, developer or builder will be required until the problem is corrected. The following guidelines are provided to aid in developing an adequate design.
(1) Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
(2) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
(3) Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate channel, flume or slope drain structure.
(4) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
(i) Protection Of Adjacent Properties/Public Rights-of-Way. Properties, public rights-of-way, and thoroughfares adjacent to the site of an earth disturbing activity shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer at the perimeter of the site, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins, or by a combination of such measures.
(j) Sediment Control Structures.
(1) Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than fourteen (14) days. Such structures may include, but are not limited to, silt fences, storm drain inlet protection, sediment basins and diversions or channels which direct runoff to a sediment basin. All sediment control practices must be capable of ponding runoff in order to be considered functional.
(2) Sediment control structures shall be constructed as a first step in grading and be made functional before upslope earth disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched as soon as the installation is complete. Sediment control structures shall be functional throughout the course of earth disturbing activity and until the site is stabilized with permanent vegetation.
(3) Sheet flow runoff from the site shall be intercepted by silt fence or diversions. Silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is described in the most recent version of the Ohio EPA General Permit for Construction Activities.
(4) Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to ten (10) acres.
(5) Whenever stormwater detention is required the stormwater runoff from the site shall pass through a sediment basin or other suitable sediment trapping facility before discharge to a receiving water body. The City Engineer (authorized agent) may require sediment basins or traps for smaller disturbed areas where deemed necessary.
(k) Stabilization Of Waterways And Outlets. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow without erosion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels.
(l) Storm Sewer Inlet Protection. All storm sewer inlets shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(m) Working In Or Crossing Watercourses.
(1) All activities shall be kept out of watercourses to the extent possible. Where inchannel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) shall be restored to its original cross-section and all disturbed area stabilized immediately after in-channel work is completed.
(2) Where a watercourse will be crossed regularly during construction, a temporary stream crossing shall be provided, used for the shortest period practical, removed following site construction, and restored as described in Subsection (m)(1) hereof.
(n) Maintenance and Removal Of Temporary Measures.
(1) All temporary erosion and sediment control practices shall be maintained and repaired to assure continued performance.
(2) All temporary erosion and sediment control measures shall be removed within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall have the final grade re-established and be permanently stabilized to prevent further erosion and sedimentation.
(o) Control Of Construction Site Debris and Wastes. All owners, applicants, contractors and developers shall control wastes such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste on construction sites and shall keep streets
and gutters clear of all sediment and debris from the site.
(p) Use, Safety, and Maintenance of Stormwater Practices.
(1) Stormwater management practices (structural controls) shall be designed for the ultimate use of the site and function safely and with minimal maintenance.
(2) 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 days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
(1) All on-site control practices shall be periodically inspected to ensure proper function and to identify failures
(2) On- and off-site discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
(3) Detailed records of inspections shall be maintained for three (3) years following the final stabilization of the site.
(r) Accessibility and Easements (See Section 921.06(h) for specific requirements) All permanent stormwater management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance.
(s) Status Of Standards. The standards identified in this Section are general guidelines. Each application shall be reviewed on a case by case basis and some may require additional and more stringent requirements, while others may have individual requirements waived by the authorized agent. In all circumstances, the requirements of the Ohio EPA General Permit for Construction Activities shall be followed.
(Ord. 10-24. Passed 6-17-24.)
921.04 SITE DEVELOPMENT PLAN.
(a) Any person seeking approval of land development proposals for use types listed in Section 921.02(c) shall develop and submit a Site Development Plan as detailed in
subsection (c) hereof.
(b) The applicant is encouraged to have a pre-submission meeting with the City of Fairborn City Engineer (authorized agent).
(c) Site Development Plan Requirements. Each applicant shall provide information that details the location of the area proposed for development, the site in relation to its general surroundings, predevelopment site conditions, existing characteristics of the site, and the extent of proposed earth disturbing activities. At a minimum the Plan shall include the information prescribed in the City of Fairborn Drainage Policy Manual.
(d) Site Development Plan Submission, Review and Action.
(1) Submission of a Site Development Plan by an applicant seeking approval initiates the review process.
(2) The City of Fairborn City Engineer (authorized agent) shall review the Site Development Plan and conduct a site inspection of the proposed site.
(3) Review of the complete and acceptable Site Development Plan shall be completed within thirty (30) working days of submittal to the City Engineer.
(4) Following its review the City Engineer (authorized agent) shall:
A. Approve the Site Development Plan; or
B. Conditionally approve the Site Development Plan pending additional information and/or the incorporation of required changes; or
C. Require the submission of a Stormwater Management Plan (SMP) based on written findings of the authorized agent(s).
(Ord. 10-24. Passed 6-17-24.)
921.05 STORMWATER MANAGEMENT PLAN (SMP) REQUIREMENTS.
(a) Stormwater Management Plans (SMPs) are intended to provide information on all soil erosion and runoff control activities and Best Management Practices (BMPs) to be used and incorporated on the site both during and after site development. This information includes, but is not limited to, site grading, pad elevation certification, stormwater management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth disturbing activities that occur as a result of site development.
(b) Each SMP shall provide site designs that meet the Performance Standards presented in Section 921.03 and provide practical treatment for both water quality and quantity of stormwater from the site as appropriate.
(c) In general, SMPs need to address:
(1) Erosion and sediment control. Providing measures to insure that earth disturbing activities at the site during and after development will be managed in a manner that will not result in increased erosion and sedimentation from the site resulting in impacts to water quality and that meet the Performance Standards specified in Section 921.03.
(2) Runoff control. Providing measures to insure that the quantity of surface water runoff from the development site during and after construction will mimic the predevelopment conditions and that meet the Performance Standards specified in Section 921.03.
(2) The contents of the Storm Water Pollution Prevention Plan (SWP3) required by the Ohio EPA's General Permit for Construction Activities OHC000005 (or latest version). This Plan may be submitted as developed for the Ohio EPA, in conjunction with the other requirements of subsection (d) hereof.
(3) Copies of pertinent Notices of lntent (NOI), permits, public notices and letters of authorization must be included with SMP submissions. These may include, but are not limited to, Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity, Ohio EPA Phase II Stormwater Permits, Section 401 and 404 Clean Water Act Permits, Ohio EPA Isolated Wetland Permit, and Ohio Dam Safety Law Permits.
(4) Supplemental requirements as provided in subsection (t) hereof.
(e) Stormwater discharge to critical areas with sensitive resources (i.e. wetlands, steep slopes, scenic river designation, recharge areas, etc.) shall be subject to additional criteria, or shall need to utilize or restrict certain stormwater practices.
(f) Supplemental Requirements.
(1) Determination of post development runoff.
A. Stormwater runoff shall not be diverted from its existing watershed.
B. Each SMP shall include an evaluation of pre-development conditions together with during, and post-development impacts that quantifies the volume and rate of runoff from the site by subdrainage areas. This evaluation shall be prepared according to methods prescribed in the latest edition of Rainwater and Land Development or other appropriate sources, including: the City of Fairborn Drainage Policy Manual.
C. The City of Fairborn's City Engineer (authorized agent) shall approve or reject any calculation method based on its technical validity for the given situation.
(2) Off-site stormwater control facilities. Exceptions to requiring permanent on-site runoff control on the site shall be considered by the City of Fairborn Planning Commission and the authorized agent(s) provided the applicant can prove that:
A. The intent and standards of this chapter for runoff control can be best achieved by the utilization of off site stormwater control facilities.
B. Runoff from the site can be conveyed to off site stormwater facilities in a manner and by means which satisfies or surpasses the standards of this chapter.
C. The applicant has ownership of or the right to use the off-site facility in question.
(g) Stormwater Management Plan Submission, Review and Action.
(1) The applicant is encouraged to have a pre-submission meeting with the City of Fairborn's City Engineer (authorized agent).
(2) Submission of two (2) sets of the SMP and other supporting data required by this regulation to the Planning Commission of the City of Fairborn and its authorized agent (City Engineer) completes the applicant's responsibilities and initiates the review process.
(3) The SMP shall be reviewed by the City of Fairborn Planning Commission and/or its authorized agent (City Engineer) to:
A. Verify background information furnished by the applicant and evaluate the proposed development in relation to existing site conditions.
B. Assess the SMP in relation to the Performance Standards and requirements of this chapter.
(4) Upon submission of the SMP, the City of Fairborn Planning Commission and the authorized agent (City Engineer) shall complete a review of the SMP by the next regularly scheduled Planning Commission meeting, provided that the applicant has submitted all information required at least twenty (20) working days prior to a regularly scheduled meeting.
(5) The City of Fairborn Planning Commission shall either:
A. Approve the SMP as submitted by the applicant; or
B. Conditionally approve the SMP and require the submission of additional and/or revised information by the applicant, in order to fully meet the intent and standards of this chapter; or
C. Disapprove the SMP.
(6) Revisions to conditionally approved SMPs shall be prepared and submitted by the applicant to the City of Fairborn Planning Commission and/or its authorized agent (City Engineer) for review.
(7) Action by the City of Fairborn Approval Authority and the authorized agent (City Engineer) approving or disapproving the SMP is a final order for purposes of judicial review.
(Ord. 10-24. Passed 6-17-24.)
921.06 COMPLIANCE RESPONSIBILITY.
(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon City of Fairborn not otherwise imposed by law.
(b) No Release From Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this regulation shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Stormwater Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SMP and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the City of Fairborn authorized agent(s) to ensure compliance with the approved Site Development Plan or SMP.
(2) After each inspection, a status report shall be prepared and distributed to the appropriate person(s).
(3) If it is found that the operations are being conducted in violation of the approved Site Development Plan and SMP, a stop work order may be issued until the identified violations cease.
(4) After the issuance of a stop-work order provided for in subsection (e)(3) above, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the City of Fairborn Engineer to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the City of Fairborn Engineer.
(5) Following the issuance of a stop-work order, the City of Fairborn authorized agent(s) shall determine if and when the development may proceed. Any determination by the authorized agent(s) pursuant to this section is a final order for purposes of judicial review.
(f) Penalties Subsequent To Issuance Of Stop-Work Order. Subsequent to the issuance of a stop work order, one or more of the following penalties may be imposed.
(1) If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the Subdivision Regulations of the City of Fairborn shall apply.
(2) The authorized agent(s) on behalf of the City of Fairborn may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the legal representative of the City of Fairborn to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in subsection (l)(1) hereof or any other relief the court determines.
(g) Internal Inspections.
(1) All controls on the site shall be inspected 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 site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all stormwater control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three (3) years following the final stabilization of the site a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site is in compliance with the SMP and identify any incidents of non-compliance.
(h) Ownership and Maintenance of Stormwater Facilities.
(1) In cases where stormwater control facilities are proposed on single private properties, the City of Fairborn authorized agent(s) shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City of Fairborn accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
1. For subdivisions, unless otherwise approved by the City of Fairborn, responsible party(ies) this shall be an entity of common ownership ( e.g. Land/Homeowner's Association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the Land/Homeowners Association.
B. Prohibit unauthorized alterations of all stormwater management facilities.
C. Provide adequate access to all stormwater management facilities for inspection by the City of Fairborn authorized agent(s) and corrective actions by the owner.
(4) All stormwater management facility easements shall be on the final plat, prior to approval by the City of Fairborn, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit four (4) sets of as-builts of all stormwater facilities and improvements to the City of Fairborn.
(6) The City of Fairborn Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outlined in Chapter 6131.63 of the Ohio Revised Code. The City of Fairborn authorized agent(s) may require of the owner and/or applicant any one or all of the following prerequisites:
A. Benefit two (2) or more property owners.
B. Are designed for cost effective maintenance.
C. Are determined by the City of Fairborn Planning Commission or authorized agent(s) to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the authorized agent(s) prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the authorized agent(s), drainage easements shall be no less than twenty (20) feet wide, plus the width of the stormwater facility(ies).
C. Unless otherwise required by the authorized agent(s), stormwater management facilities, including basins, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (Land/Homeowners Association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction - "Any lot area reserved for drainage purposes, shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City of Fairborn Engineer. Maintenance of the drainage easement area, stormwater control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located."
(i) Schedule Of Fees. The City of Fairborn shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable City of Fairborn offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any
application or appeal.
(j) Complaints. The City of Fairborn authorized agent(s) shall investigate any complaint related to earth disturbing activities covered by this chapter.
(k) Violations. 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 its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or
permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter.
(l) Penalties.
(1) Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Any person or persons violating any of the provisions herein shall upon conviction be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars or imprisoned for not more than thirty (30) days, or both and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Upon notice from the City of Fairborn and/or its authorized agent(s), that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City of Fairborn's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City of Fairborn, by or through its City Solicitor and/or any of its 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, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(m) Effective Date And Validity. This chapter shall become effective within City of Fairborn on and after April 2, 2009. If any section, subsection, paragraph, clause, phrase, or provision of this chapter is adjudged invalid or held unconstitutional, such a decision shall
not affect or void any of the remaining portions.
(Ord. 10-24. Passed 6-17-24.)
931.01 CREATION AND COMPOSITION.
There is hereby created a Parks and Recreation Advisory Board consisting of fifteen members who shall be appointed by Council for terms of three years each and a minimum of three high school student members who may be selected by the Board for a maximum of two terms, each term being two years in length. The terms are limited to their tenure as high school students. Council shall stagger the appointments so five new members shall be appointed each year. Student members shall be residents of the Fairborn School District.
(Ord. 22-03. Passed 7-21-03.)
931.02 ORGANIZATION, MEETINGS AND NONATTENDANCE.
The Board shall elect its Chairman from among its appointed members whose term of office shall be for one year and who shall be eligible for re-election. The Board shall meet at least once a month and shall adopt such rules and regulations for its operation and procedure as it may deem necessary. A member who has two unexcused absences in a calendar year or who substantially breaches the requirement of the bylaws shall automatically be removed from membership on the Board and Council shall appoint someone to complete the unexpired term.
(Ord. 22-03. Passed 7-21-03.)
931.03 POWERS AND DUTIES.
The Parks and Recreation Advisory Board shall have the following powers and duties:
(a) To make and approve plans for the physical development of park and recreational facilities within the City and within three miles of its corporate boundaries, and to recommend land use plans to the Planning Board and facilities plans to Council.
(b) To advise the City Manager and Council on recreation programs and activities.
(Ord. 22-03. Passed 7-21-03.)
(Ord. 22-03. Passed 7-21-03.)
931.04 PARK AND OPEN SPACE MASTER PLAN.
(a) The Park and Open Space Master Plan attached to original Ordinance 54-73 and marked Exhibit A and made a part thereof is hereby adopted.
(b) The Park and Recreation Advisory Board is authorized to disseminate such information about the plan as will be necessary to inform the residents of the City.
(Ord. 22-03. Passed 7-12-03.)
933.01 REMOVAL OR DESTRUCTION OF PROPERTY AND NATURAL FEATURES.
(a) Building, Equipment and Other Property.
(1) No person shall remove any property, or part thereof, which is owned, leased or otherwise controlled by the City from a park without the written permission of the City Manager.
(2) No person shall write upon, cut, mutilate, deface or damage in any manner any building, equipment or other property, or part thereof, which is owned, leased or otherwise controlled by the City.
(b) Natural Features.
(1) No person shall dig, move or carry away any rock, stone, sod, sand, earth, tree, wood, shrub, plant, flower or nut or other seed in a park, without the written permission of the City Manager.
(2) No person shall trample upon, injure, destroy, break, cut, chop or deface in any manner any stone, tree, shrub, plant or flower in a park.
(Ord. 22-74. Passed 5-20-74.)
933.02 DEPOSIT OF MATERIALS.
(a) No person shall deposit or discard in or adjacent to a park any paper, garbage, ashes, refuse or other noxious or waste material, other than in receptacles provided for the disposal of such materials.
(b) No person shall bring into a park any garbage, ashes, refuse or other noxious or waste material and deposit or discard the same in or adjacent to a park.
(c) No person shall, while in or adjacent to a park discharge, throw, drop or cause to flow into park waters any noxious or deleterious substance, either solid or liquid.
(Ord. 22-74. Passed 5-20-74.)
933.03 PERSONAL CONDUCT.
(a) No person shall conduct himself, by word or by act, in a riotous, disorderly, boisterous or other manner so as to disturb the peace and good order in a park.
(b) No participant or spectator of a sport in any Municipal sports program shall lay a hand upon, push, shove, strike or threaten to strike an official.
(c) No participant or spectator of a sport in any Municipal sports program shall refuse to abide by an official's decision.
(d) No participant or spectator shall heap personal verbal abuse upon any official.
(e) No participant shall use unnecessarily rough tactics in the play of the game against the person of an opposing player.
(f) No participant shall make objectionable demonstrations of dissent at an official's decision by throwing gloves, bats, personal equipment or by taking any other forceful or violent action.
(g) No participant or spectator shall use profane, obscene or vulgar language.
(h) No participant shall smoke on the playing field.
(i) No participant shall permit anyone to remain in the dugout or on the player's bench who is not a playing member of the team, a manager or a score keeper.
(j) No participant shall appear on the playing field in an intoxicated condition.
(k) No participant or spectator shall gamble upon any play or the outcome of a game.
(l) No person shall loiter in the vicinity of a rest room located in a park and no person shall enter facilities in a park provided for the exclusive use of the opposite sex.
(m) No person shall resist, obstruct or abuse a police officer in a park while such police officer is engaged in the lawful execution of his duties.
(n) No person shall make an indecent exposure of his or her person in a park.
(o) No person shall assault or threaten another in a menacing manner, or strike or wound another in a park.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.04 FIRES.
(a) No person shall start or maintain a fire in a park except in a fireplace or at a site designated for this purpose.
(b) No person shall start a fire in a park and leave the vicinity of the fire without first fully extinguishing the fire.
(c) No person shall deposit or scatter coals or hot ashes in any place in a park, other than in receptacles provided for that purpose.
(d) No person shall burn wood found in a park except wood provided by the City in designated containers.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.05 CAMPING.
No person shall camp in a park other than in an area designated and with the written permission of the City Manager.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.06 COMMERCIAL ACTIVITIES.
(a) No person shall sell or offer for sale any food, beverage, article, privilege or service in a park unless such sale or offer is pursuant to written agreement with the City Manager.
(b) No person shall beg, peddle or solicit in a park without written agreement with the City Manager.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.07 ERECTING AND ATTACHING SIGNS.
No person shall erect any sign in a park or attach any sign to property owned or controlled by the City, nor shall any person display any placard, notice, advertisement, circular, banner or statement of any kind erected, attached or displayed in a park other than on a vehicle. This section shall not apply to signs erected by the City or any sign, placard, advertisement, circular, banner or statement of any kind erected, attached or displayed with the written permission of the City Manager.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.08 HORSES, DOGS AND CATS.
(a) No person shall ride a horse in a park in such manner as to endanger the rider, or any other person or any other property, except in areas designated for horses.
(b) No dogs or cats shall be permitted in a park, except when on a leash or in a designated area for dogs and cats.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.09 HOURS.
(a) Each park shall be open to the public during such hours as are determined by the Department of Parks and Recreation. The hours during which a park or part thereof shall be open to the public shall be posted at appropriate places in the park. The Parks and Recreation Director shall be authorized to close a park or any part thereof if he determines that public safety or other emergency require such closing.
(b) No person shall enter into or remain in an area of a park at a time when such area is not open to the public.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.10 FIREWORKS AND EXPLOSIVES.
No person shall bring into a park, or have in his possession or use in a park, any fireworks or explosives of any kind, except with the written permission of the City Manager.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.11 TRAFFIC.
(a) No person shall operate a motor vehicle whether licensed or unlicensed in a park except on and within the paths and roads provided for such motor vehicles, and no person shall drive a motor vehicle whether licensed or unlicensed on paths or roads in violation of signs designating the paths or roads to be only for the use of a specific type or types of vehicles.
(b) No person shall operate a motor vehicle in a park in such manner as to endanger the operator nor any other person or any property.
(c) No person shall operate a motor vehicle in a park in excess of the posted speed limit.
(d) No person shall park or leave a vehicle in an area of a park at a time when such area is not open to the public.
(e) No person shall park any vehicle in a park except in places designated by the City for such purpose.
(f) No person shall drive a vehicle on a road or path in a park in a direction other than the direction indicated by signs designating such road or path of a one-way road.
(g) Upon finding a vehicle parked in violation of the park rules and regulations of the City, a police officer may remove such vehicle or cause the same to be removed to a location, in or outside of the park, where the same may be kept until the owner or his authorized representative obtains an order from the City releasing such vehicle to the owner thereof, or his authorized representative.
(h) No person shall park or permit to remain parked an automobile or other vehicle within or on park property after posted closing time, unless participating in a scheduled recreation activity.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.12 ALCOHOLIC BEVERAGES.
(a) No person shall take into or make use of any kind of alcoholic beverages or drugs of abuse within park property.
(b) No person shall enter or remain in the park while under the influence of alcoholic beverages or drugs of abuse.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.13 WATER AREAS.
(a) No person shall swim in any park pond or water area.
(b) No person shall ice skate on any water area, except when posted.
(c) No person shall fish in any park ponds or water area, except where posted.
(d) No person shall operate boats on park ponds or water areas, except by special permission.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
933.14 PROTECTION OF ANIMALS.
No person shall hunt, trap, remove, injure, kill or in any way abuse, molest, injure, pursue or destroy any animal, fowl or bird within a park.
(Ord. 22- 74. Passed 5-20-74.)
(Ord. 22- 74. Passed 5-20-74.)
933.15 EJECTION FROM PARKS AND SUSPENSIONS.
(a) Any person found in violation of the provisions of the rules and regulations as provided herein may be forthwith evicted from the park.
(b) Any participant found by the Director of Parks and Recreation to be in violation of the rules and regulations as provided in this chapter may be suspended from organized play within the parks for a period of not more than sixty days. An appeal from the decision of the Director may be made in writing within five days to the City Manager, whose decision shall be final.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
(a) The organizers of community events, which are open to the public, that take place within the Fairborn Park System who wish to sell and/or serve alcoholic beverages for on-site consumption shall comply with the regulations set forth in this section:
(1) The organizers shall meet all requirements set forth in the administrative policy, which establishes the following: application procedure; alcohol permit requirements; insurance requirements; safety protocol; and, complete fees and charges.
(2) The organizers shall comply with all State of Ohio and local liquor laws, including, but not limited to, obtaining all required State of Ohio alcohol permits and providing copies thereof during the application process.
(b) During events for which a permit under this section has been issued, the provisions of Section 933.12 of the Codified Ordinances of the City relating solely to the possession and use of alcohol in parks shall be waived.
(c) During events for which a permit under this section has been issued, no person shall be charged with violating Section 529.07 of the Codified Ordinances of the City, the “Open Container” prohibition, so long as that person remains within the enclosed area specified in the City’s permit.
(Ord. 16-15. Passed 6-1-15.)
933.99 PENALTY.
Whoever violates any provision of these park rules and regulations shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) for each offense.
(Ord. 22-74. Passed 5-20-74.)
(Ord. 22-74. Passed 5-20-74.)
935.01 PURPOSE.
This chapter governs the Fairfield Cemetery and any other acquired hereafter, and all matters related to operations and maintenance, including but not limited to the sale, repurchase, and transfer of plots and niches, interments, disinterments, reinterments, care and maintenance of plots, niches, and graves, and any and all other subjects as may be incident thereto. The Parks and Recreation Superintendent is hereby authorized to promulgate rules and regulations concerning cemetery matters in accordance with this chapter.
(Ord. 13-03. Passed 5-5-03.)
935.02 GENERAL POLICY.
(a) Fairfield Cemetery shall be maintained and operated as a nonprofit ground interment facility which is nonsectarian.
(b) The cemetery shall be closed from sundown to sunup.
(c) The City shall be responsible only for markers and items installed to City specifications and approval pursuant to City ordinances.
(d) The cemetery ground shall be sacredly devoted to the burial of the dead.
(e) All work in the cemetery shall be done by employees of the City, or with the permission of the Plant Maintenance Supervisor.
(f) No pets shall be allowed in the cemetery at any time.
(g) All visitors’ vehicles shall remain on the driveways.
(h) All debris, discarded flowers or decorations shall be placed in trash containers.
(i) Artificial flowers may be placed on graves between November 1 and April 1.
(j) Visitors shall not remove, cut, deface or destroy cemetery or City property.
(k) Recreational use of the cemetery is prohibited.
(l) No advertising shall be allowed in the cemetery.
(Ord. 13-03. Passed 5-5-03.)
935.03 INTERMENTS.
(a) Burials.
(1) All remains can be permanently memorialized at Fairfield Cemetery by being deposited in an interment space in the earth.
(2) All interments on owner's lot shall be enclosed in an outer container of stone, concrete, steel, brick or synthetic material approved for burial purpose.
(3) All interments in cemetery "grave space" facilities shall be enclosed in an outer container of stone, concrete, steel, brick or synthetic material approved for burial purpose.
(b) Cremated Remains. Cremated remains being in an urn may be buried in space in the earth. Under no circumstances shall the cemetery scatter cremated remains.
(Ord. 13-03. Passed 5-5-03.)
935.04 DECORATIONS.
(a) Planting of flowers, flower pots, evergreens or bushy plants is strictly prohibited.
(b) The cutting and trimming of grass is one of the largest and most costly maintenance activities of the cemetery. For economy of maintenance during the growing, it is desired that flowers be placed on graves only in approved subsurface containers.
(c) The City shall have the right to remove all floral designs, flowers and other decorations of any kind from the cemetery if, in the judgment of the Plant Maintenance Supervisor, they do not conform to the standards set forth herein.
(e) Decorations placed upon lots and graves on special holidays during the growing season such as Easter, Mother's Day, Memorial Day, etc., shall be removed after a period of seven days to avoid the burning of the grass.
(f) Winter decorations, such as natural wreaths placed on easels, and other approved arrangements shall be permitted from November 1 to April 1.
(1) Winter decorations shall be removed when they become unsightly.
(2) All winter decorations shall be removed early in April.
(g) Articles made of concrete, benches, urns, boxes or the like shall not be permitted in the cemetery.
(Ord. 13-03. Passed 5-5-03.)
935.05 MONUMENTS.
(a) Markers or monuments shall be on foundations conforming to City specifications. No foot stones shall be permitted except as a marker flush with the ground.
(b) Only one grave-mark shall be placed at any grave.
(c) All foundations shall be built by and in accordance with the specifications of the City at the expense of the lot owner.
(d) Orders for foundations shall be given to the Sexton one month in advance of erection work. No order for the construction of a foundation may be acted on until specifications and certifications of payment for same have been received by the City.
(Ord. 13-03. Passed 5-5-03.)
935.06 CONSTRUCTION WORK.
Monuments and construction material shall not be brought into the cemetery until all preparatory work on the lot has been completed.
(Ord. 13-03. Passed 5-5-03.)
935.07 LOTS AND GRAVE CARE.
(a) Regular Care. The purchase price of a lot provides regular care which includes such services as scheduled grass mowing, trimming, tree and shrubbery trimming, seeding, fertilizing and road maintenance. Owners shall not be provided special or preferential treatment of their lots beyond such scheduled services. The City always wants to see the lot owners well satisfied with lot care but shall make a charge for any extra services in addition to such normal scheduled services.
(b) Special Care. This service provides extra attention and care for the particular items in which an owner is especially interested. The cost of such special maintenance varies in accordance with the amount and type of labor and materials required.
(1) Evergreens are not permitted.
(2) The planting of flowers, flower pots or bushy plants is prohibited; and
(3) The planting of trees, shrubs or flowers on graves is prohibited.
(Ord. 13-03. Passed 5-5-03.)
935.08 SCHEDULE OF CHARGES
(a) Services. The charges for opening and closing graves shall be as follows:
Grave (inches) or Vault | Weekdays | Saturdays |
Infant Grave (23 x 40) | $350.00 | $400.00 |
Child Grave (30 x 68) | 500.00 | 600.00 |
Adult Grave (40 x 96) | 750.00 | 1,100.00 |
Adult Oversize | 850.00 | 1,150.00 |
Cremation Interment or Vault | 350.00 | 450.00 |
All funerals are to arrive at Fairfield Cemetery no later than 2:45 p.m. on weekdays and by 12 noon on Saturdays. An additional charge of $100.00 for the first hour, and an additional $100.00 for each subsequent hour will accrue on arrivals later than these times. The cemetery will be closed on Sundays and the following holidays: Afternoon on New Year's Eve, New Year's Day, Martin Luther King, Jr., Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving, afternoon on Christmas Eve, and Christmas Day.
It is normally not the policy of the City to open or close graves on certain Holidays or Sundays, unless arrangements are made in advance with the approval of the Plant Maintenance Foreman.
(b) Other Services. The charges for other services shall be as follows: Removal of marker, foundation, granite slab, evergreen, etc. - -Time and material charge with $20.00 minimum.
(c) Concrete and Marker Work. The charges for concrete and marker work shall be as follows:
Concrete foundations are priced at per square inch of base area. | $ .60 |
Additional border to foundation may be furnished at no extra charge at the option of the City. | |
Corner stone installation (set of four) | $125.00 |
VA marker with aluminum staff or rod | Installed at no charge |
Cremation flat marker 16" x 8 " | $125.00 |
(d) Additional Care. The charges for additional care shall be as follows:
Second sodding of grave | $ 45.00 |
(e) Lots or Spaces. The charges for lots or spaces shall be as follows.
Lots | |
Infant Lots: 23 " x 40 " | $ 450.00 |
All other burial lots per space Resident | 750.00 |
All other per space - non-resident | 1,100.00 |
Cremation (12 cremation plots on one lot) | 200.00 |
Regular care is included in purchase price of the lot which includes such services as scheduled grass mowing, trimming, tree and evergreen trimming, seeding and fertilizing and road maintenance. Owners will not be provided special or preferential treatment of their lots beyond such scheduled services. The City always wants to see the lot owners well satisfied with lot care, but must make a charge for any extra services in addition to such normal scheduled services.
Deed recording fee | $ 20.00 |
Transfer of Deed (Name Change) | 30.00 |
(f) Disinterment. The charges for disinterments shall be as follows:
Disinterment
| |
Adult | $2,100.00 |
Adult Oversize | 2,500.00 |
Child | 850.00 |
Infant | 850.00 |
Cremation | 500.00 |
(Ord. 52-11. Passed 1-3-12.)
935.09 CONVEYANCES OF CEMETERY PLOTS OR NICHES.
(a) Transfers and/or conveyances of cemetery plots or niches are and shall be permitted to persons other than the City if the proposed transfer meets all of the following requirements:
(1) The transfer or conveyance is from a record owner (transferor) to:
A. A transferee or transferees who are related to the transferor, or are relationship to a deceased person who is interred in the lot, by blood, marriage or adoption. A legal adoption shall be deemed to have the effect upon all persons whomsoever would have obtained if such adopted person were the natural child of the adoptive parent. For the purposes of this section, a relation is established if the transferee is the transferor's or deceased person's:
1. Spouse; or
2. Lineal ancestor or lineal descendent; or
3. Brother; sister; uncle or aunt; or
4. Lineal descendant of a brother, sister, uncle, or aunt; or
5. Spouse of a person in categories 2, 3, and 4 hereof;
B. The City; or
C. A trustee or guardian for the transferor or for beneficiaries who are so related to the transferor.
(2) The transfer and/or conveyance shall be gratuitous and cannot be the result of a sale or result in any gain or profit to the transferor.
(3) A notarized affidavit shall be submitted to the City by the transferor stating the following.
A. The relationship between the transferor and the transferee;
B. The proposed transfer is not the result of a sale, and shall not result in any gain or profit to the transferor; and
C. The transfer is made of the transferor's free will.
(4) All transfers and/or conveyances made pursuant to this section are subject in all other regard to the provisions of this chapter and other existing ordinances and cemetery rules and regulations.
(b) Transfers made in violation of the requirements of this section shall be void, and the title to the plot or niche sought to be transferred shall revert to the last record owner as determined by City records. Transfers and/or conveyances of cemetery plots or niches made prior to the date of passage of this section which meet all the requirements of this section are hereby ratified and confirmed.
(c) All other transfers and/or conveyances of cemetery plots or niches shall be as set forth in this chapter and other existing ordinances and cemetery rules and regulations.
(Ord. 13-03. Passed 5-5-03.)
935.10 TRANSFERS FROM DECEASED OWNER.
(a) A plot or niche may be transferred from a deceased owner of record by will, under statutes of descent and distribution to any transferee except a corporation, other than a fiduciary or the City. If the estate of a deceased owner is not administered or if such lot or space is omitted from property administered, the right to succeed to record ownership thereof may be established by sworn statement or affidavit. In such case, title to the lot or space shall be deemed to have passed under the statutes of descent and distribution of the State of Ohio in effect upon the date of such statement or affidavit, without regard to the domicile of the decedent, or the date of death.
(b) Wherever in this chapter provision is made for the furnishing of a sworn statement or affidavit, the City and the Director of Public Service shall be entitled to rely thereon and neither the City nor the Director of Public Service shall be liable for action taken or denied in good faith in reliance upon such sworn statement or affidavit.
(Ord. 13-03. Passed 5-5-03.)
939.01 PURPOSE.
The purpose of this chapter is to provide a policy for donations related to the Parks and Recreation Division. The City of Fairborn encourages and welcomes donations, endowments and gifts from civic groups, organizations, individuals, businesses or churches for a variety of community programs, projects or events. All City departments work cooperatively with many civic groups, neighborhood associations and businesses to encourage donations to the City. It is important, however, that all gifts be in keeping with the mission, ordinances, philosophy and policies of the City of Fairborn. Donations may include purchasing park benches, picnic tables, trees or other park related amenities deemed appropriate and within the mission of the organization. Further, the City of Fairborn encourages and welcomes donations by private citizens of certain conservation easements, upon undeveloped lands or estates, in order to protect natural scenic, open or wooded areas within the City.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.02 DEFINITIONS.
(a) Gifts. Acts of financial support of a program, good or service. Gifts may be offered with conditions or specific personal demands however they do not demand commercial advertising in return for the gift. Gifts of real property or any interest therein are accepted and must be accompanied by the appropriate recordable instrument, i.e. deed, lease or trust.
(b) Conservation Easement. Easements that protect natural, scenic and open space values.
(c) Endowment. The act of donating funds with a permanent source of income. Endowments are usually made to support a specific project or program.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.03 GIVING PROCEDURES.
The Fairborn Parks and Recreation Division shall have the authority to coordinate the formal process of seeking and accepting gifts relating to parks and recreational needs. The Parks and Recreation Division shall determine the appropriate fee for each donation based on current pricing of products and supplies, hourly maintenance rates, freight and plaque charges. The donation may be a tax-deductible contribution (consult a tax advisor for information). Donors may recommend a specific location for placement of the bench, picnic table, tree or other park amenity, however the parks staff shall determine the final placement.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.04 PARK BENCHES.
A donation may be offered to purchase a park bench. The City of Fairborn Parks and Recreation Division uses punched steel vinyl coated heavy duty benches with galvanized or powder coated frames. The benches are six feet long with seat backs and are installed in concrete as part of the donation. The benches can have a plastic recognition plaque mounted onto the seat back of the bench or top of bench. Donors may recommend a specific location for placement of the bench; however the parks staff shall determine the final placement. The bench shall be maintained in its original location and in adequate condition for a minimum of ten years unless park development causes a new location to be necessary or as negotiated at the time of donation.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.05 PICNIC TABLES.
A donation may be offered to purchase a picnic table. The City of Fairborn uses punched steel vinyl coated heavy duty table tops and seats with galvanized or powder coated frames. The tables are six feet long. Picnic tables come with extended tabletops to provide access for wheelchairs. The picnic tables can have a plastic recognition plaque mounted onto the tabletop. Donors may recommend a specific location for placement of the picnic table; however the parks staff shall determine the final placement. The picnic table shall be maintained in its original location and in adequate condition for a minimum of ten years unless park development causes a new location to be necessary or as negotiated at the time of donation.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.06 TREE DONATIONS.
Donations may be offered to purchase a tree. Upon request, the City can provide a list of approved trees. Donor can choose the type of tree from the approved list. The City shall approve the donation and the location to insure that the species is an appropriate choice for the area. The Parks and Recreation Division will plant the tree. The donation amount will be based on the cost of the tree plus the appropriate reimbursement for planting and upkeep. Individuals may recommend a specific location for placement of the tree; however the final placement will be determined by the parks and recreation staff. All trees are guaranteed for one year from the day of planting. If the tree fails to thrive, it will be replaced free of charge. Due to maintenance considerations, tree donations do not receive a commemorative plaque.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.07 OTHER PARK RELATED AMENITIES.
The City of Fairborn welcomes gifts not mentioned in previous sections as long as the gift meets the scope, mission and/or master plan of the department or division. Each gift shall be reviewed on a case by case basis by the Department or Division Head to determine if such a gift is appropriate and desired.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.08 PLAQUE GUIDELINES.
Recognition plaques can be included on many donations. Sample messages are "In loving memory of John Smith", "In honor of John and Jane on their 50th anniversary". All messages are subject to City of Fairborn Parks and Recreation Division approval. The price of the donations includes costs associated with installation of the bench in concrete and the mounting of the plaque. The donor may choose to purchase a more substantial plaque. However, in the event that the plaque is damaged or destroyed, the City of Fairborn shall not be liable for the replacement of the plaque.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.09 REAL PROPERTY DONATION PROCEDURES FOR PARK PURPOSES.
(a) The Fairborn Parks and Recreation Division shall have the authority to coordinate the formal process of soliciting donations of real property and conservation. All gifts of real property must be accompanied by a signed letter which includes the donor's intent to make the gift as well as restrictions and/or conditions accompanying the gift, e.g. uses of property. Writings and documents relating to gifts of real property shall include representations that the real property contains no hazardous materials and has not been used for purposes prohibited by environmental laws. Gifts of real property or any interest therein must also be documented by an appropriate recordable instrument, e.g. deed, lease, or trust.
(b) Acceptance of all gifts of real property for park purposes is conditioned upon review by the Parks and Recreation Division. The review shall determine the following:
(1) Whether the property is or will be of any value to the City, e.g. economic, historic, social, recreational or other;
(2) What, if any, obligations will be assumed by the City upon acceptance of the gift including the cost of accepting, maintaining and disposing of the property; and
(3) Whether an environmental impact study is necessary to determine whether the property contains any hazardous material or has been used in a manner prohibited by environmental laws.
(c) Upon completion of the review, the Superintendent of Parks and Recreation shall make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will then make a recommendation and the Superintendent shall present the recommendation to the City Council. Council will then follow the proper ordinance relating to property acquisition. City Council shall determine whether to accept or decline the gift of real property.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
939.10 CASH DONATIONS AND ENDOWMENT PROCEDURES FOR PARK PURPOSES.
(a) The Fairborn Parks and Recreation Division shall have the authority to coordinate the formal process of soliciting cash donations and the donations of endowments to support park programming and capital improvement needs. Simple cash donations can be designated for specific park or programmatic purposes or be donated for use for general operational purposes. Endowments must be accompanied by a signed endowment donation which includes the donor's intent to make the gift as well as restrictions and/or conditions accompanying the gift, e.g. purpose of funds, percentage annual use of funding including interest. Endowments must be made by a approved legal document signed by both parties.
(b) Acceptance of all endowments for park purposes is conditioned upon review by the Parks and Recreation Division. The review shall determine the following:
(1) Whether the endowment is of any value to the park operations and mission; and
(2) What, if any, obligations will be assumed by the City upon acceptance of the endowment.
(c) Upon completion of the review, the Superintendent of Parks and Recreation shall make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will then make a recommendation and the Superintendent shall present the recommendation to the City Council. City Council shall determine whether to accept or decline the endowment.
(Ord. 36-10. Passed 10-19-10.)
(Ord. 36-10. Passed 10-19-10.)
CODIFIED ORDINANCES OF FAIRBORN