Fremont City Zoning Code
CHAPTER 1155
Storm Water Management
1155.01 PURPOSE.
The intent of this chapter is to establish consistent, technically feasible and operationally practical regulations and standards to achieve a level of storm water management, and erosion and sediment control that will minimize damage to public and private property and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City of Fremont.
The purpose includes, but is not limited, to:
(a) Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.
(b) Reduce water quality impacts to receiving water resources and drainage systems that may be caused by new development or redevelopment activities.
(c) Control storm water runoff resulting from activities disturbing the soil.
(d) Assure that development site owners control the volume and rate of storm water runoff originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased.
(Ord. 2021-4065. Passed 5-6-21.)
1155.02 SCOPE.
This chapter applies to all development areas having new, renovations or relocated projects, or those involving highways, underground cables, pipelines, residential subdivisions, industrial projects, commercial projects, institutional projects, building activities on farms, general clearing, earth disturbing activity, redevelopment of urban areas and all other land uses not specifically exempted. All projects are subject the regulations and enforcement of the City of Fremont's general National Pollutant Discharge Elimination System (NPDES) permit issued by the Ohio Environmental Protection Agency (OEPA) and Best Management Practices (BMPs) regardless of its size and type. Any project disturbing one (1) acre or more is also required to secure either a general or individual NPDES permit depending on the project type. A copy of the approved permit shall be submitted to the City prior to the work beginning and in accordance to the OEPA regulations outlined in the permit. The City Engineer shall make determination of all project requirements and application of this ordinance. This chapter does not apply to:
(a) Land disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501:15-3-01 to 1501:15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this chapter.
(b) Transportation projects that are subject to industry specific Ohio EPA Rules are exempt from these requirements.
(Ord. 2021-4065. Passed 5-6-21.)
1155.03 DEFINITIONS.
(a) ACRE: A measurement of area equaling 43,560 square feet.
(b) APPROVING AUTHORITY: The official responsible for administering the applicable program(s).
(c) ACCELERATED WATER EROSION: The wearing away of land surface by water, occurring at a more rapid rate than geologic or normal erosion, primarily as a result of the influence of human activities.
(d) APPROVING AGENCY: Either the City Engineer or other entity, agency, or official designated by the City Engineer.
(e) BEST MANAGEMENT PRACTICES (BMP): Any activities, prohibitions or practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(f) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(g) CONCENTRATED STORM WATER RUNOFF: Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(h) CONSERVATION: The wise use and management of natural resources.
(i) CUT AND FILL SLOPES: A portion of land surface or area from which soil material is excavated and/or filled.
(j) DENUDED AREA: A portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered, and which may result in or contribute to erosion and sedimentation.
(k) DETENTION BASIN: A storm water management pond that remains dry between storm events. Storm water management ponds include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of runoff waters.
(l) DEVELOPMENT AREA: Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth disturbing activity is to be performed.
(m) DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(n) DUMPING: The grading, pushing, piling, throwing, unloading or placing of soil or other material.
(o) EARTH DISTURBING ACTIVITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(p) EARTH MATERIAL: Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
(q) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(r) EXISTING: In existence at the time of the passage of this Chapter.
(s) FREQUENCY STORM: A rainfall event of a magnitude having a specified average recurrence interval and calculated with the Natural Resources Conservation Service, USDA Type II twenty-four hour curves or depth-duration frequency curves.
(t) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(u) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(v) LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(w) LANDSLIDE: The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(x) LOCAL COUNTY SWCD: The local county Soil and Water Conservation District.
(y) NATURAL RESOURCES CONSERVATION SERVICE (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(z) NPDES PERMIT: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(aa) OHIO EPA: The Ohio Environmental Protection Agency.
(bb) ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(cc) OUTFALL: An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
(dd) PERSON: Any individual, corporation, limited liability company, partnership, joint venture, agency, unincorporated association, other governmental entity, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(ee) PROFESSIONAL ENGINEER: A person currently registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
(ff) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
(gg) RETENTION BASIN: A storm water management pond that maintains a permanent pool of water. Such storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(hh) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with t he purposes of the Chapter.
(ii) SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(jj) SEDIMENT BASIN: A temporary sediment pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary sediment basins.
(kk) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water and allowing the sediment to settle out.
(ll) SEDIMENT BARRIER: A sediment control device such as a geotextile Silt Fence or a grass Filter Strip, usually capable of controlling only small flow rates. (Straw bale barriers are not acceptable.)
(mm) SEDIMENT POLLUTION: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other non-farm purposes.
(nn) SENSITIVE AREA: An area or water resource that requires special management because of its susceptibility to sediment pollution, or because of its importance to the well-being of the surrounding communities, region, or the state and includes, but is not limited to, the following:
(1) Ponds, wetlands or small lakes with less than five (5) acres of surface area;
(2) Small streams with gradients less than ten (10) feet per mile with average annual flows of less than three and five-tenths (3.5) feet per second containing sand or gravel bottoms;
(3) Drainage areas of a locally or Ohio designed Scenic River;
(4) Riparian and wetland areas.
(oo) SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(pp) SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(qq) SLIP: A landslide as defined under "Landslides."
(rr) SLOUGHING: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(ss) SOIL: Unconsolidated erodible earth materials consisting of minerals and/or organics.
(tt) SOIL CONSERVATION SERVICE, USDA: The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture.
(uu) SOIL EROSION AND SEDIMENT CONTROL PLAN: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities in a development area.
(vv) SOIL EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(ww) SOIL STABILIZATION: Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seeding, mulch, sod, pavement, etc.
(xx) SOIL SURVEY: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(yy) STORM WATER CONTROL STUCTURE: Practice used to control accelerated storm water runoff from development areas.
(zz) STORM WATER CONVEYANCE: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
(aaa) STORM WATER POLLUTION PREVENTION PLAN (SWP3): The plan required by Ohio EPA to meet the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit program for construction activities.
(bbb) STREAM: A body of water running or flowing on the earth's surface, or a channel with a defined bed and banks in which such flow occurs even if seasonally intermittent.
(ccc) UNSTABLE SOIL: A portion of land surface or area which is prone to slipping, sloughing or landslides, or is identified by Natural Resources Conservation Service methodology as having a low soil strength.
(ddd) USEPA: The United States Environmental Protection Agency.
(eee) WASTEWATER: Any water that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals, paint, paint washing liquids or other paint wastes, sanitary wastes, or any other Ohio EPA regulated contaminants.
(fff) WATERCOURSE: Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river or brook.
(ggg) WATER RESOURCES: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
(hhh) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 Codified Federal Register (CFR) 232, as amended). Wetlands shall be delineated by a site survey submitted to the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this Chapter. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.
(iii) WETLAND SETBACK: Those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed.
(Ord. 2021-4065. Passed 5-6-21.)
1155.04 STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL PLAN.
In order to control potential storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands, the owner of each development area shall be responsible for developing a comprehensive Storm Water Management and Erosion and Sediment Control Plan. This plan will address storm water management (volume and peak rate of runoff), soil erosion, sediment and other wastes control. Such plan also must contain a description of controls appropriate for each construction operation covered by this Chapter; and the operator must implement the planned controls in a timely manner. The plans and BMPs used to satisfy the conditions of the Chapter shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual issued and made available by the Ohio Department of Natural Resources, or standards of the Ohio EPA, whichever are most stringent. The plans must make use of the practices that preserve the exiting natural condition to the maximum extent practicable.
(a) Development Sites. All developments are subject to this ordinance and shall follow all of the requirements set forth in this ordinance.
(1) Description of the plan of construction. The following information shall be included in the Storm Water Management and Erosion and Sediment Control Plan and submitted to the City prior to final Planning Commission approval:
A. Site Description:
1. A description of the prior land uses of the site.
2. A description of the nature and type of construction activity (for example, low density residential, shopping mall, highway, etc.)
3. A description of the total area of the site and the area of the site that is expected to be disturbed (namely, grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).
4. An estimate of the impervious area and percent of imperviousness created by the construction activity.
5. The types of soils within, or affected by, the development area, and the location of all highly erodible or unstable soils as determined by the most current edition of the soil survey of the County, by the Natural Resources Conservation Service (NRCS).
6. An onsite, detailed soils engineering report if required by the City Engineer.
7. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located.
B. A vicinity sketch locating:
1. The larger common plan of development or sale;
2. The development area:
3. All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
a. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank);
b. Conservation easements;
c. Other sensitive natural resources;
d. The sensitive areas receiving runoff from the development.
4. All off-site borrow or spoil areas;
5. All off-site utility installation areas that are related to the planned project.
C. The existing and proposed topography shown in the appropriate contour intervals as approved by the City Engineer (generally one-foot contours are used).
D. The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.
E. Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
F. The person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development.
G. Long-term maintenance requirements and schedules of all BMPs for both the construction and post-construction phases of the development.
H. Long-term maintenance inspection schedules and method of implementation.
I. The person or entity financially responsible for conducting the inspections of, and the maintenance of, permanent storm water conveyance and storage structures and all other conservation practices.
J. The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control, and water quality practices.
K. The location of any existing or planned riparian and/or wetland setback areas on the property.
L. The plan must clearly describe, for each major construction activity, the appropriate BMPs and the general timing (or sequence) during the construction process of when the measures will be implemented; and, who (which contractor) will be responsible for implementation (for example, Contractor A will clear, grub and install perimeter controls and Contractor B will maintain perimeter controls until final stabilization; Contractor C will conduct and document the scheduled inspections.)
M. Location and description of any storm water discharges associated with dedicated asphalt and concrete plants covered by this regulation and the Best Management Practices to address pollutants in these storm water discharges.
(2) Storm Water Management and Erosion and Sediment Control Plan. The Storm Water Management and Erosion and Sediment Control Plan shall include, at a minimum, the following information:
A. The Storm Water Management and Erosion and Sediment Control Plan shall include a map showing the location of:
1. The limits of earth disturbing activity including excavations, filling, grading or clearing.
2. Drainage patterns during major phases of construction.
3. The location of each proposed soil erosion and sediment control BMP, including:
a. Permanent soil erosion control practices to be left in place after construction operations have been completed (for example, level spreaders, permanent erosion control matting, gabions, rock lined channels, etc.),
b. Areas likely to require temporary stabilization during the course of site development,
c. Designated construction entrances where vehicles will access the construction site,
d. In-stream activities including stream crossings,
e. Areas designated for the storage or disposal of solid, sanitary and toxic wastes,
f. Temporary dumpsters,
g. Cement truck washout,
h. Fuel tanks,
i. BMPs that divert runoff away from disturbed areas and steep slopes where practicable, including rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices,
j. Sediment settling ponds drawn to scale.
4. Existing and proposed locations of buildings, roads, parking facilities and utilities.
5. Boundaries of wetlands and stream channels the owner intends to fill or relocate for which the owner is seeking approval from the U.S. Army Corps of Engineers and/or Ohio EPA.
B. The Storm Water Management and Erosion and Sediment Control Plan shall include a list of soil erosion and sediment control BMPs being used and the standards and specifications, including detailed drawings, for each BMP. This list shall include:
1. Methods of controlling the flow of runoff from disturbed areas so as to prevent or minimize erosion.
2. Identification of the Structural Practices to be used to control erosion and trap sediment from a site remaining disturbed for more than fourteen (14) days. A description shall be included of how each selected control will store runoff so as to let sediments settle out and/or divert flows away from exposed soils or act to limit runoff from exposed areas.
3. Identification for each Structural Practice of its size, detail drawings, maintenance requirements and design calculations.
4. The type and amount of plant seed, live plants, fertilizer, agricultural ground limestone and mulch to be used. Specification of soil testing requirements for fertility and lime requirements will be included. Specification for the use of perennial grass seed will also be included.
5. Settling ponds will be identified with basic dimensions and the calculations for size and volume.
6. Detailed drawings and installation requirements of all other structural control BMPs.
7. Any other soil erosion and sediment control related BMPs and items that are required by the City Engineer.
8. For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detailed drawing of a project specific typical individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots shall be provided. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.
C. The Storm Water Management and Erosion and Sediment Control Plan shall include the scheduling, phasing, and coordination of construction operations and erosion and sediment control BMPs, including vegetative plantings and mulch.
(3) The Storm Water Management and Erosion and Sediment Control Plan shall include a description of the Storm Water Management (SWM) practices to be used on the site. The SWM element of the Plan shall include, at a minimum, the following:
A. A map showing the location, drawn to scale, of permanent SWM conveyance, detention and retention structures, other SWM control structures and the SWM easements.
B. A general description of the SWM strategy proposed to meet this chapter.
C. Hydraulic and Hydrologic calculations for all permanent SWM conveyance, detention and retention structures, and other SWM control structures.
1. The storm water conveyance system calculations shall establish the adequacy of the storm water conveyance system to carry the design frequency storm. The flow route and drainage way necessary to convey the 100-year storm (emergency flow way) through the development shall be shown. The storm water conveyance system shall be designed per the requirements set forth in the latest edition of The Uniform Standards for Sewerage Improvements, and all applicable standards, regulations, ordinances, and policies, of the City of Fremont. Storm water management detention and retention structures shall be designed in accordance with Section 1155.06.
2. The hydraulic and hydrologic calculations shall establish the adequacy of the conveyance system to receive and convey storm water from the up-stream property.
3. The hydraulic and hydrologic calculations shall establish the adequacy of the downstream drainage facilities to receive and convey storm water exiting the proposed development.
4. Submittals for review shall include but not be limited to:
a. A soils map of appropriate scale showing: contours at 2' intervals, soils types, ground cover and woodlands; the total drainage area tributary to the project, both before and after the proposed development, legend noting the soils area in acres by soils group, copy of the U.S. Department of Agriculture SCS Soil Survey of Sandusky County, latest addition, showing the entire drainage area.
b. Drainage area map of appropriate scale showing: countours at 1' intervals, all existing drainage facilities, all natural waterways, all proposed drainage facilities, emergency flow way.
c. Type II rainfall distribution and City of Fremont rainfall data.
d. Runoff curve summary showing pre and post development conditions.
e. Runoff calculations.
f. Travel time and time of concentration calculations.
g. Calculations on peak discharge and discharge volume.
h. Pre and post development hydrographs.
i. Storage volume requirements.
j. Routing through proposed drainage facility using storage indication method.
k. Soil Conservation District Technical Release No. 55 or other method approved by the City Engineer must be utilized to produce the above.
D. Any other SWM related items required by the City Engineer.
(Ord. 2021-4065. Passed 5-6-21.)
1155.05 EROSION AND SEDIMENT CONTROL MINIMUM STANDARDS.
In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established in the following standards.
Soil erosion and sediment control practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Ohio Rainwater and Land Development manual, the NRCS Field Office Technical Guide for Sandusky County, or the Ohio EPA standards, whichever are more stringent.
These standards are general guidelines and shall not limit the right of the City Engineer to impose at any time additional, more stringent requirements, nor shall the standards limit the right of the City Engineer to waive, in writing, individual requirements where reasonably necessary and based upon sound engineering practice.
Soil limitations shall be determined by using the current edition of the County soil survey written by the NRCS, USDA.
(a) The Storm Water Management and Erosion and Sediment Control Plan shall include measures that control the flow of runoff from disturbed areas so as to prevent soil erosion from occurring.
(b) Structural Practices shall be used to control erosion and trap sediment from areas remaining disturbed for more than fourteen (14) days.
(c) Sediment Barriers. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties and water resources from sediment. Where intended to provide sediment control, Silt Fence shall be placed on a level contour. The relationship between the maximum drainage areas to Silt Fence for a particular slope is shown in the table below.
Table 1: Silt Fence Applicability | |
Maximum drainage area (in acres) to 100 linear feet of Silt Fence | Range of slope for a particular drainage area (in percent) |
0.5 | < 2% |
0.25 | 2% but < 20% |
0.125 | 20% but < 50% |
This does not preclude the use of other sediment barriers designed to control sheet flow runoff. The total runoff flow treated by a sediment barrier shall not exceed the design capacity for that sediment barrier. Straw bale barriers are not acceptable.
(d) Storm Water Diversion Practices. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes where practicable. Such practices, which include swales, dikes or berms, pipe slope drains and diversions, may receive storm water runoff from areas up to ten (10) acres. Storm water diversion practices alone are not considered a sediment control practice unless those are used in conjunction with a sediment settling pond.
(e) All Sediment Control Practices must be capable of ponding runoff in order to be considered functional.
(f) Clearing and Grubbing will be done in two (2) or more phases. The first phase will include only those locations necessary to install the perimeter soil erosion, sediment and storm water control BMPs. After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
(g) Timing of Sediment Trapping Practices. Sediment control practices shall be functional throughout all phases of earth disturbing activity. Settling facilities, perimeter controls and other practices intended to trap sediment shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is permanently restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(h) Stabilization of Denuded Areas. Disturbed areas must be stabilized as specified in the tables below, or according to the Ohio EPA NPDES Storm Water Permit Rules, whichever are most restrictive.
Table 2: Permanent Stabilization | |
Area requiring permanent stabilization | Time frame to apply erosion controls |
Any areas that will lie dormant for one (1) year or more | Within seven (7) days of the most recent disturbance |
Any areas within fifty (50) feet of a stream and at final grade | Within two (2) days of reaching final grade |
Any other areas at final grade | Within seven (7) days of reaching final grade within that area |
Table 3: Temporary Stabilization | |
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed areas within fifty (50) feet of a stream and not at final grade | Within two days of the most recent disturbance if the area will remain idle for more than twenty-one (21) days. |
For all construction activities, any disturbed areas that will be within seven (7) days of the most recent disturbance within dormant for more than twenty-one (21) days but less than one year, and not the area for residential subdivisions, disturbed within fifty (50) feet of a stream | Within seven (7) days of the most recent disturbance within the area for residential subdivisions, disturbed Areas must be stabilized at least seven (7) days prior to transfer of NPDES permit coverage for the individual lot(s). Proof of permit coverage transfer from Ohio EPA must be submitted to the City Engineer. The City Engineer shall then inspect the lot to ensure that the temporary seeding has been done. |
Disturbed areas that will be idle over winter | Prior to the onset of winter weather |
Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed.
(i) Sediment Settling Ponds: Storm water runoff that exceeds the design capacity of sediment barriers and concentrated storm water flows shall pass through a sediment settling facility.
(1) Where storm sewer drainage areas include 10 or more acres disturbed at one time, a temporary (or permanent) sediment settling pond must be provided until final stabilization of the site. In single-family residential construction, final stabilization is after the houses are built and permanent landscaping is done.
A. Alternative equivalent controls may be used if the owner can show, in writing, that the Ohio EPA approved the use of alternatives in the (Ohio EPA NPDES Permit for Construction Activity) Storm Water Pollution Prevention Plan (SWP3) for the site.
B. It is recommended that for drainage locations of less than ten (10) acres, smaller sediment settling basins and/or Sediment Traps be used.
(2) Each facility's storage capacity shall be no less than sixty-seven (67) cubic yards per acre of total contributing drainage area. The storage volume will be measured from the bottom of the basin to the top of the primary (principal) spillway.
(3) Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water. The draw down time must be at least seventy-two (72) hours, or meet the criteria in the Ohio Rainwater and Land Development manual whichever is most stringent.
(4) The design configuration between inlet(s) and the outlet of settling ponds must provide at least two (2) units of length for each one unit of width (>2:1 length to width ratio).
(5) The depth of the sediment settling pond must be less than or equal to five (5) feet.
(6) Sediment must be removed from the sediment settling ponds when the design capacity has been reduced by forty percent (40%).
(7) Public safety, especially as it relates to children, must be considered in the design. Alternative sediment controls must be used where site limitations would preclude a safe design.
(8) Temporary sediment settling ponds will not be constructed in any stream channel.
(j) Storm Sewer Inlet Protection.
(1) All storm sewer inlets that accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer, unless the storm drain system drains to a Sediment Settling Pond and is exempted in writing by the City Engineer. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up slope areas reach final stabilization, as determined by the City Engineer.
(2) Once final stabilization is accomplished, the developer/owner shall remove the inlet protection devices and hydraulically clean the storm sewers to the satisfaction of the City Engineer and the Public Works Superintendent. All sediment shall be removed from the system and shall not be flushed downstream.
(k) Storm Sewer and Other Drainage Outlets. All storm sewers, footer drains, roof gutter drains and all other drains will be outletted at the bottom of the slope. The slope below the outlet will be able to control the water being drained through the storm sewer or other drains without causing erosion of the stream, channel banks, channel bottom or other areas in which the water is outletted.
(l) Working Near, or Crossing Streams and Wetlands.
(1) Construction vehicles shall avoid water resources, wetlands, riparian areas, and their setbacks. If construction vehicles must cross such areas during construction, an approved temporary crossing shall be constructed. Streams, including intermittent streams with a defined bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. Erodible materials will not be used in making stream crossings.
(2) No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may slough, slip, or erode into a water resource, unless such dumping or placing is authorized by the approving authority and, when applicable, the U.S. Army Corps of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts, and erosion or sediment control structures.
(3) If construction activities disturb areas adjacent to streams, structural practices shall be designed and implemented on site to protect the adjacent streams from the impacts of sediment runoff.
(4) No temporary or permanent sediment controls will be constructed in a stream channel.
(m) Construction Entrance.
(1) Measures shall be taken to prevent soil transport onto public roads, or surfaces where runoff is not checked by sediment controls.
(2) Stone with geotextile construction entrance(s) shall be implemented as required by the City Engineer and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual.
(3) Where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment and street sewer inlet protection is properly installed.
(4) Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (for example, wood and stone) can be used.
(n) Unstable Soils.
(1) Unstable soils will be as determined by the local county Soil Survey or by a detailed soils report.
(2) The City Engineer may require detailed soil reports when deemed necessary.
(3) Unstable soils prone to slipping or land sliding shall not be graded, excavated, filled or have loads imposed upon them unless the work is performed in accordance with a qualified professional engineer's recommendations to correct, eliminate, or adequately address the problems.
(o) Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion and slippage. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, groundwater conditions and slope stabilization. The minimum final unreinforced soil slopes will have a horizontal to vertical ration of 3:1 (the horizontal will be three (3) times the vertical).
(p) Stabilization of Outfalls and Channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from the planned post-development frequency storm without eroding. The planned post-construction velocity and flow shall include the entire contributing watershed.
(q) Establishment of Permanent Vegetation. A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the City Engineer, has eighty percent (80%) vegetative density over the entire disturbed area, provides adequate cover, and is mature enough to satisfactorily control soil erosion and survive adverse weather conditions.
(r) Disposition of Temporary Practices. All temporary soil erosion and sediment control practices shall be disposed of immediately after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise required by the City Engineer. Trapped sediment shall be permanently stabilized to prevent further erosion.
(s) Underground Utility Construction. The construction of underground utility lines, pipes, etc. shall be subject to the following criteria:
(1) Trenches shall remain open for no more than five (5) days.
(2) There shall be no turbid discharges to surface waters resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment settling pond or other equally effective sediment control device, prior to being discharged from the construction site or to waters of the state.
(3) When discharging clean ground water, care must be taken to ensure that it does not become pollutant laden by crossing over disturbed soils or other pollutant sources.
(t) Inspections.
(1) If inspections or other information indicates a control has been used inappropriately or incorrectly or it has failed, it must be replaced or modified for the site conditions.
(2) The owner of the development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven (7) calendar days, and within twenty-four (24) hours of a five-tenths (0.5) inch or greater rainfall event until the City Engineer or designee inspects and verifies the site as being stable. Such verification does not relieve the permitee from meeting the Ohio EPA NPDES inspection requirements.
(3) The owner, or owner's designated representative, shall keep a written log of each inspection and any subsequent improvements to the soil erosion, sediment control or other environmental controls. The inspections shall include the date of inspection, the name of the inspector, weather conditions, and the actions needed to correct the identified problems.
(4) The inspection log will include the date and actions taken to correct problems noted in past inspection logs.
(5) If the construction site is subject to Ohio EPA's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, a copy of all the required inspection sheets will be submitted to the City Engineer within three (3) working days of the date that the inspection was conducted.
(6) Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
(7) Erosion and sediment controls identified in the Storm Water Management and Sediment and Erosion Control Plan shall be observed to ensure that they are operating correctly.
(8) Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
(9) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(10) If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of sediment settling ponds, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
(11) If any inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Storm Water Management and Sediment and Erosion Control Plan must be amended and the new control practice must be installed within ten (10) days of the inspection.
(12) If the inspection reveals that a control practice has not been implemented in the time required by this chapter it must be installed within ten (10) days from the date of inspection.
(13) If the inspection reveals that a planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(u) Control of Materials and Debris. Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the City of Fremont's water resources or wetlands. These practices shall include, but are not limited to, the following:
(1) A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum and other such materials. A second covered dumpster will be provided for the proper disposal of toxic and hazardous wastes.
(2) Excess concrete material shall not be washed into a street, catch basin, other public facility or natural resource. A designated area shall be made available and used for all concrete washouts.
(3) All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to one hundred ten percent (110%) of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self-contained "dike," the plug will be maintained in the "dike" tank at all times.
(4) Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. Local health districts and Ohio EPA can provide guidance on these issues.
(5) On a site with a prior industrial land use or a site that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals or other Ohio EPA regulated contaminants, the storm water is considered wastewater. A permit from Ohio EPA is required to address these sites.
(6) Proper permits shall be obtained for development projects on solid waste landfill sites.
(7) Paint, paint washing liquids, excess paints and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable state regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of such wastes into surface or ground waters.
A. Water based paint washing liquids and small quantities of excess water based paints may be disposed of by flushing down a connected sanitary sewer but may not be disposed of in an on-lot disposal system.
B. All other paints, paint thinners, and paint cleaning materials will be disposed of in the site's hazardous waste disposal dumpster.
(8) Restroom facilities will be provided for site workers at all times that workers are present on the site and during all phases of the construction.
(9) All required permits from appropriate federal, state, or local agencies are required to develop land with a previous industrial or commercial use or another use that may have led to soil contamination by a regulated pollutant.
(v) Pre-winter Stabilization. If the development area will, or is planned to remain, active through the winter months, the owner of the development area shall hold a pre-winter stabilization meeting before October 1st. The owner shall invite the operator, developer, engineer, contractor, City Engineer and anyone else requested by the City Engineer to the meeting.
(Ord. 2021-4065. Passed 5-6-21.)
1155.06 STORM WATER MANAGEMENT DESIGN CRITERIA.
Methods for controlling increases in storm water runoff peaks and volumes may include, but are not limited to permanent retention ponds and lakes, dry detention basins, and subsurface detention systems.
(a) Storm Water Basins.
(1) Pool geometry. The recommended length-to-width ratio for the pond is 3:1 (the length will be three (3) times the width).
(2) Riser in embankment. The riser shall be located within the embankment for purposes of maintenance access. Access to the riser will be by manholes.
(3) Water drains. Each retention basin shall have a drainpipe that can completely drain the pond. The drain shall have an elbow within the pond to prevent sediment deposits from plugging the drain.
(4) Principal spillway. Each principal spillway shall be designed in accordance with the NRCS standards and specifications for the office serving the county. Each principal spillway shall have the capacity to pass the 100-year design storm flow. The inlet or riser size for the pipe drops shall be designed so that the flow through the structure goes from weir flow control to pipe flow control without going into orifice control in the riser. The crest elevation of the primary spillway shall be no less than one foot below the emergency spillway crest. Premium joint pipe is required and a removable trash rack shall be installed at each location. Anti-seep collars shall be provided for all pipe conduits through an embankment.
(6) Emergency spillway. An emergency spillway shall be provided on each storm water management basin. Emergency spillways shall convey flood flows safely past the embankment, and shall be designed in accordance with NRCS standards and specifications for the office serving the local county. Emergency spillways shall have a 100-year design storm capacity unless exempted in writing by the City Engineer.
(b) Embankments. Each dam embankment shall be designed in accordance with the standards and specifications in the current edition of the Ohio Rainwater and Land Development manual, the NRCS Field Office Technical Guide for Sandusky County, and the Ohio EPA standards, whichever are more stringent. Anti-seep collars shall be proved for all pipe conduits through an embankment.
(1) Safety features.
A. The primary spillway opening shall not permit access to the public and other non-maintenance personnel.
B. The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following:
1. A safety bench, with a maximum slope of three percent (3%), which extends outward, on dry land, from the shoreline. This bench will be a minimum of twenty-five (25) feet wide to provide for the safety of individuals and maintenance vehicles that are adjacent to the water pool. The safety bench may be landscaped, without the use of structures, to prevent access to the water pool.
2. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (3 feet horizontal for every 1 foot vertical).
3. An aquatic bench that extends inward from the shoreline far enough to ensure public safety and has a maximum depth of fifteen (15) inches below the normal water surface elevations. The aquatic bench may be landscaped to prevent access to the deeper water pool.
4. Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical).
5. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards.
6. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench.
(c) Runoff Rate. The peak runoff rate from the development area shall not be greater after development than it was before development. The applicant shall provide calculations demonstrating no increases in the runoff rates from the one (1), two (2), five (5), ten (10), twenty-five (25), fifty (50) and one hundred (100) year storms.
(d) Runoff Volume. Increases in the runoff volume shall be offset by further restricting runoff rates. Based on the increase in runoff volume, the applicant shall determine the critical storm for the development area. The runoff rate from the critical storm shall be restricted to the one (1) year pre-development storm runoff rate. The critical storm shall be calculated as follows:
(1) Determine the total volume of runoff from a one-year frequency, twenty-four hour storm, occurring on the development area before and after development.
(2) From the volumes in paragraph (1) determine the percent of increase in volume of runoff due to development (2) using this percentage, select the critical storm from this table:
Table 4: Critical Storm Selection | ||
The Percentage Increase In volume of Runoff is: | ||
Equal To or Greater Than | And Less Than | The 24-Hour “Critical Storm” For Discharge Will Be |
0 | 10 | 1 Year |
10 | 20 | 2 Years |
20 | 50 | 5 Years |
50 | 100 | 10 Years |
100 | 250 | 25 Years |
250 | 500 | 50 Years |
500 | --- | 100 Years |
(e) Water Quality. To meet the post-construction requirements of this Chapter, the Storm Water Management and Erosion and Sediment Control Plan must contain a description of the Post-Construction Best Management Practices (BMPs) that will be installed during construction for the site and the rationale for their selection. The rationale must address the anticipated impacts on the channel and floodplain morphology, hydrology, and water quality.
(1) Structural BMPs. Structural (designed) Post-Construction storm water treatment practices shall be incorporated into the permanent drainage system for the site.
A. Properly Sized BMPs. The BMP(s) chosen must be sized to treat the water quality volume (WQv) and ensure compliance with Ohio's Water Quality Standards in OAC Chapter 3745-1. The WQv shall be equivalent to the volume of runoff from a 0.75-inch rainfall and shall be determined according to one of the two following methods:
1. Through a site hydrologic study approved by the City Engineer authority that uses continuous hydrologic simulation and local long-term hourly precipitation records; or
2. Using the following equation:
WQv = C * P * A/12 where:
WQv = water quality volume in acre-feet
C = runoff coefficient appropriate for storms less than
1 inch (see Table 5)
P = 0.75 inch precipitation depth
A = area draining into the BMP in acres.
Table 5: Runoff Coefficients Based on the Type of Land Use | |
Land Use | Runoff Coefficient |
Industrial & Commercial | 0.8 |
High Density Residential (>8 dwellings/acre) | 0.5 |
Medium Density Residential (4 to 8 dwellings/acre) | 0.4 |
Low Density Residential (<4 dwellings/acre) | 0.3 |
Open Space and Recreational Areas | 0.2 |
B. Where the land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if sixty percent (60%) of the contributing drainage area to the storm water treatment structure is Low Density Residential, thirty percent (30%) is High Density Residential, and ten percent (10%) is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3) + (0.3)(0.5) + (0.1)(0.2) = 0.35.
C. An additional volume equal to twenty percent (20%) of the WQv shall be incorporated into the BMP for sediment storage and/or reduced infiltration capacity. The BMPs will be designed according to the methodology included in the Ohio Rainwater and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to Ohio EPA.
D. BMPs shall be designed such that the drain time is long enough to provide treatment, but short enough to provide storage available for successive rainfall events as described in Table 6 below:
Table 6: Target Draw Down (Drain) Times for Structural Post-Construction Treatment Control Practices | |
Best Management Practice | Drain Time of WQv |
Infiltration | 24 - 48 Hours |
Vegetated Swale and Filter Strip | 24 Hours |
Extended Detention Basin (Dry Basins) | 48 Hours |
Retention Basins (West Basins)* | 24 Hours |
Constructed Wetlands (above permanent pool) | 24 Hours |
Media Filtration, Bioretention | 40 Hours |
*Provide both a permanent pool and an extended detention volume above the permanent pool, each sized at 0.75 * WQv
E. The owner may request approval from the City Engineer to utilize alternative structural Post-Construction BMPs if the owner can demonstrate, in a way that is consistent with Ohio EPA rules and regulations that the alternative BMPs are equivalent in effectiveness to those listed in Table 6 above. The use of alternative or vendor supplied Post-Construction BMPs should be limited to redevelopment projects where justification is provided that the traditional BMPs in Table 6 are technically and economically unfeasible.
F. Construction activities shall be exempt from this condition if it can be demonstrated that the WQv is provided within an existing structural Post-Construction BMP which is part of a larger common plan of development or sale or if structural Post-Construction BMPs are addressed in a regional or local storm water management plan.
G. For redevelopment projects (namely, developments on previously developed property), Post-Construction practices shall either ensure a twenty percent (20%) net reduction of the site impervious area, provide for treatment of at least twenty percent (20%) of the WQv, or a combination of the two.
(2) Water quality basin. If a Water Quality Basin is needed and cannot be incorporated into an existing or planned Detention or Retention Basin then a separate Water Quality Basin will need to be planned, designed, constructed and maintained into perpetuity.
(f) The requirements shall be satisfied at each location where runoff leaves the development area. The runoff rates and volumes shall be considered for both the conditions before and after development at these locations.
(g) To ensure the continued functioning of storm water control structures, the following information shall be identified to the satisfaction of the City Engineer.
(1) The person or entity responsible for continued maintenance of the storm water control structure shall be identified to the satisfaction of the City Engineer.
(2) Maintenance requirements and schedules;
(3) Permanent access easements required for those conducting maintenance to perform inspection and maintenance of storm water control structures and storm water conveyance systems. The minimum size of an easement shall be approved by the City Engineer. Within such easements, no person shall plant trees, shrubbery, plantings, or construct buildings, fences, or walls that obstruct free flow of storm water or obstruct the movement of construction equipment.
(4) An owner or owners of two (2) or more existing or proposed lots may apply for approval of a SWM plan serving more than one lot. Such plan shall comply with applicable provisions of this chapter and all other relevant laws and ordinances. No subdivision of lands or building permit shall be approved under any multiple lot plan until owners of all affected lots have entered into a mutual agreement or formed an association for joint maintenance of the SWM facility and until all easements needed to effectuate the plan have been granted. The mutual agreement or association and the easements must be signed, acknowledged, delivered and recorded in the manner for documents relating to real estate titles.
(h) Detention or retention basin exemption for development or for expansion of existing facilities:
(1) For any development regulated by this chapter, the construction of a detention or retention basin may not be required for the development if the post-development peak discharge for the one (1) year through 100 year frequency twenty-four (24) hour storm causes no increase to the existing peak discharge using the TR-55 method of calculation or other method approved by the City Engineer. Even if the determination is made that a detention or retention basin is not required, the development still must comply with BMPs to address pre and post development storm water quality control such as installation of mechanical cleaning devices to capture sediments as approved by the City Engineer.
(Ord. 2021-4065. Passed 5-6-21.)
1155.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
(a) NPDES Permits. The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits, issued by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES Permit number, or a letter from the site owner explaining why the NPDES Permit is not applicable. Such written proof will be provided to the City Engineer before a construction permit will be issued.
(b) Federal and State Wetland Permits. The provisions of the U.S. Army Corps of Engineers dredge and fill permits for federally-protected wetlands shall be followed. The provisions of Ohio EPA's Isolated Wetlands Permits shall also be followed. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of these regulations. Written proof of compliance with both permit programs will be provided to the City Engineer prior to final Planning Commission approval. Proof of compliance shall be, but is not limited to, the following:
(1) A copy of the U.S. Army Corps of Engineers Individual Permit, if required for the project, showing project approval and any restrictions that apply to site activities; or
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit; or
(3) A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the City.
(Ord. 2021-4065. Passed 5-6-21.)
1155.08 SENSITIVE AREA IMPACT CRITERIA.
(a) The control of sediment pollution of sensitive areas by accelerated erosion from earth disturbing activity may require additional erosion and sediment control practices beyond those indicated in this Chapter. In such instances the developer/owner shall analyze potential impacts, potential erosion, and sediment control practices.
(b) Such analysis shall identify the following:
(1) Sensitive areas that receive drainage from the proposed development.
(2) Existing water uses and biological characteristics of receiving waters.
(3) The probability of sediment reaching sensitive areas.
(4) The percentage of the sensitive area's contributing drainage area that is proposed for the earth disturbing activity.
(c) Information gained by the analysis shall be incorporated into the erosion and sediment control plan, and taken into consideration by the City during the review process. The City Engineer shall make the final decision concerning the limits of any sensitive area.
(Ord. 2021-4065. Passed 5-6-21.)
1155.09 CONTINUING DUTY TO MAINTAIN; NOTICE OF VIOLATION.
(a) Any portion of the drainage system on private property, Home Owners Association or responsible parties, including storm water storage facilities, detention or retention basins, and all associated system components, shall be continuously maintained by the property owner or responsible party, unless such system or portion thereof is officially accepted by the City for maintenance.
(b) The owner and responsible party of a storage facility is charged with the duty of inspecting the system on an annual basis. An inspection report certified by a registered professional engineer, landscape architect, or certified professional in erosion and sediment control, shall be furnished to the City Engineer by May 1st each year. In the event that corrective measures are required, the City Engineer may issue a notice of violation which shall identify all deficiencies and designate a time frame for correction. If after subsequent inspection the corrections are not made, then the City Engineer may issue a citation for violations to the owner or person responsible for maintenance of the facility, in accordance with Section 1155.12 of this Chapter. If all corrections are not performed within a prescribed time period, the City may elect to pursue the matter as a violation, make the necessary corrections and assess the costs as a tax assessment/lien to the responsible party and property owner.
(c) The developer shall cause the above maintenance and reporting obligations to be inserted into the chain of title to the affected lands as a covenant running with the land. Such documentation may include but not be limited to reference on a plat and/or inclusion in a declaration of covenants and restrictions for a subdivision.
(d) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to this chapter, such work shall immediately stop. Such cease and desist notice shall be in writing and shall be given to the owner or other person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of a written order.
(Ord. 2021-4065. Passed 5-6-21.)
1155.10 CONFLICTS; SEVERABILITY; NUISANCES AND RESPONSIBILITY.
(a) Where this chapter imposes a greater restriction upon land than is imposed or required by other City provisions of law, ordinance, contract or deed, then in such event the provisions of this chapter shall prevail; in all other cases, the most stringent provision shall prevail.
(b) If a court of competent jurisdiction declares any clause, section, or provision of this chapter invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
(d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therein.
(Ord. 2021-4065. Passed 5-6-21.)
1155.11 APPEALS.
Any applicant or owner may appeal any decision of the City Engineer with regard to enforcement or interpretation of this chapter to the Board of Zoning Appeals, in the manner provided by Chapter 1165 and otherwise by the Codified Ordinances and in accordance with law.
(Ord. 2021-4065. Passed 5-6-21.)
1155.12 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 such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(Ord. 2021-4065. Passed 5-6-21.)
1155.99 PENALTY; REMEDIES.
(a) Whoever violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00), subject to organizational penalties, or imprisoned not more than thirty (30) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of his or her designees, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development or to restrain, enjoin, correct or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules or regulations or the lawful orders of the City Engineer; or to impose any other available civil remedy or sanction against any person or organization convicted of an offense under this chapter, either in addition to or in lieu of a fine imposed pursuant to this section, including the imposition upon the offender of liability to the City for any expense, loss or damage incurred by the City by reason of such violation.
(Ord. 2021-4065. Passed 5-6-21.)