(6)    Each practice shall be designed to facilitate sediment removal, vegetation management, debris control, and other maintenance activities defined in the Inspection and Maintenance Agreement for the site.

      (iii)    Additional Criteria Applying to Infiltration Facilities.

      (iv)    Additional Criteria Applying to Extended Conveyance Facilities

         (1)    Facilities shall be lined with fine turf-forming, flood tolerant grasses.

         (2)    Facilities designed according to the extended conveyance detention design drain time shall:

            a.    Not be located in areas where the depth to bedrock and/or seasonal high-water table is less than three (3) feet below the final grade elevation.

            b.    Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a 2.5-foot-deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an underdrain system is provided.

         (3)    Facilities designed according to the flow through design drain time shall:

            a.    Only be allowed on sites where the total area disturbed is five acres or less.

            b.    Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three inches.

         (4)    Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.

      (v)    Additional Criteria for Extended Detention Facilities.

         (1)    The outlet shall be designed to release the bottom fifty percent (50%) of the water quality volume in no less than 2/3 of the drain time. A valve shall be provided to drain any permanent pool volume for removal of accumulated sediments. The outlet shall be designed to minimize clogging, vandalism, and maintenance. Methods of inspecting and testing shall be incorporated in the long term maintenance plan for the site and shall be required to be tested at least annually.

         (2)    The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability:

            a.    Basin side slopes above the permanent pool shall have a run to rise ratio of 4:1 or flatter.

            b.    The perimeter of all permanent pool areas deeper than four feet shall be surrounded by an aquatic bench that extends at least eight feet and no more than fifteen (15) feet outward from the normal water edge. The eight feet wide portion of the aquatic bench closest to the shoreline shall have an average depth of six (6) inches below the permanent pool to promote the growth of aquatic (non-invasive) vegetation. The remainder of the aquatic bench shall be no more than fifteen (15) inches below the permanent pool to minimize drowning risk to individuals who accidentally or intentionally enter the basin, and to limit growth of dense vegetation in a manner that allows waves and mosquito predators to pass through the vegetation. The maximum slope of the aquatic bench shall be ten (H) to one (V). The aquatic bench shall be planted with hearty plants comparable to wetland vegetation that are able to withstand prolonged inundation.

            c.    A forebay designed to allow larger sediment particles to settle shall be placed at basin inlets. The forebay volume shall be equal to at least ten percent of the water quality volume (WQv).

      (vi)    Additional criteria applying to extended conveyance facilities.

         (1)    Facilities shall be lined with fine turf-forming, flood tolerant grasses.

         (2)    Facilities designed according to the extended detention design drain time shall:

            a.    Not be located in areas where the depth to bedrock and/or seasonal high water table is less than three feet below the final grade elevation.

            b.    Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a 2.5-foot deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an under drain system is provided.

         (3)    Swales and filter strips designed according to the flow through drain time shall:

            a.    Only be allowed on sites where the total area disturbed is five acres or less.

            b.    Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three inches.

         (4)    Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.

      (vii)    Alterative Post-Construction BMPs. The applicant may request approval from the City Engineer for the use of alternative structural post-construction BMPs if the applicant shows, to the satisfaction of the City Engineer and with prior written approval from Ohio EPA, that these BMPs are equivalent in pollutant removal and runoff flow/volume reduction effectiveness to those listed in the “Draw Down Times for Storm Water Management Practices” Table.

   (E)    Stormwater Quantity Control. The Comprehensive Stormwater Management Plan shall describe how the proposed SCMs are designed to meet the following requirements for stormwater quantity control for each watershed in the development:

      (i)    The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a one-year, twenty-four (24)-hour storm occurring on the same development drainage area under predevelopment conditions.

      (ii)    Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, twenty-four (24)-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under predevelopment conditions. The one (1), two (2), five (5), ten (10), twenty-five (25), fifty (50), and 100-year storms shall be considered in designing a facility to meet this requirement.

      (iii)    The Critical Storm for each specific development drainage area shall be determined as follows:

         (1)    Determine, using a curve number-based hydrologic method or other hydrologic method approved by the City Engineer, the total volume (acre-feet) of runoff from a one-year, twenty-four (24)-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:

            a.    Calculations shall include the lot coverage assumptions used for full build out as proposed.

            b.    Calculations shall be based on the entire contributing watershed to the development area.

            c.    Model pervious, directly connected impervious and disconnected impervious areas as separate sub-watersheds.

            d.    Drainage area maps shall include area, curve number, and time of concentrations. Time of concentration shall also show the flow path and the separation in flow type.

            e.    Use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3). [available online: http://hdsc.nws.noaa.gov/hdsc/pfds/ for rainfall depth data for stormwater design.]

            f.    Use the SCS Type II rainfall distribution for all design events with a recurrence interval greater than one year. Include lot coverage assumptions used for full build out of the proposed condition.

            g.    Curve numbers for the pre-development condition shall reflect the average type of land use over the past ten (10) years and not only the current land use.

               i.    Pre-Development Curve Numbers – For wooded or brushy areas, use listed values from TR-55 NRCS USDA Urban Hydrology for Small Watersheds, 1986 in good hydrologic condition. For meadows, use listed values. For all other areas (including all types of agriculture), use pasture, grassland, or range in good hydrologic condition.

               ii.    Post-Development Curve Numbers - Open space areas shall use post-construction hydrologic soil groups from Rainwater and Land Development unless the soil is amended using the soil profile restoration design criteria in Rainwater and Land Development Manual. All undisturbed areas or open space with amended soils shall be treated as “open space in good condition.”

            h.    Time of Concentration - Use velocity-based methods from (TR-55 NRCS USDA Urban Hydrology in Small Watersheds, 1986) to estimate travel time (Tt) for overland (sheet) flow, shallow concentrated flow and channel flow.

               i.    Maximum sheet flow length is 100 ft.

               ii.    Use the appropriate “unpaved” velocity equation for shallow concentrated flow from Soil Conservation Service National Engineer Handbook Section 4 – Hydrology (NEH-4).

            i.    The volume reduction provided by runoff reduction SCMs may be subtracted from the post-development stormwater volume. Volume reductions for these SCMs may be demonstrated using methods outlined in Rainwater and Land Development or a hydrologic model acceptable to the City Engineer.

         (2)    To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways except in instances of engineered permeable pavement systems. From the volume determined in §1181.10 (E)(iii)(1), determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from the table below.

   (F)    Stormwater Management for Previously Developed Areas. SCMs on previously developed sites must meet the criteria in the Construction General Permit.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    When the City of Garfield Heights determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the standards in the Construction General Permit and shall achieve the same level of stormwater quantity control that would be achieved by the on-site controls required under this regulation. The City Engineer may require proof of Ohio EPA review and approval for any alternative action proposed.

   (B)    Alternative actions may include, but are not limited to, the following. All alternative actions shall be approved by the City Engineer:

      (i)    Fees, in the amount specified by the City of Garfield Heights to be applied to community-wide storm water management practices.

      (ii)   Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.

      (iii)    Stream, floodplain, or wetland restoration.

      (iv)    Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes. (Ord. 87-2025. Passed 1-12-26.)

   Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:

   (A)    Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.

   (B)    Easements shall be approved by the City of Garfield Heights prior to approval of a final plat and shall be recorded with the Cuyahoga County Auditor and on all property deeds.

   (C)    Unless otherwise required by the City Engineer, access easements between a public right-of-way and all SCMs shall be no less than twenty-five (25) feet wide. The easement shall also incorporate the entire SCM plus an additional twenty-five (25)-foot-wide band around the perimeter of the SCM.

   (D)    The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site. Easements shall include restrictions from the placement of permanent structures.

   (E)    Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City Engineer. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Garfield Heights at the property owners’ expense.

      (Ord. 87-2025. Passed 1-12-26.)

   To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the City Engineer:

   (A)    Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the City Engineer and per the approved Comprehensive Stormwater Management Plan.

   (B)    An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the City Engineer. In evaluating this certification, the City Engineer may require the submission of a new set of SCM calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.

   (C)    A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 1181.09 “Comprehensive Stormwater Management Plans" must be provided to the City Engineer.

      (Ord. 87-2025. Passed 1-12-26.)

   The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City of Garfield Heights has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance or repair, the City of Garfield Heights shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have ten working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not in place, the City of Garfield Heights may undertake the necessary repairs and assess the responsible party.

(Ord. 87-2025. Passed 1-12-26.)

   The Comprehensive Stormwater Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Garfield Heights before the review process begins. The City Engineer and City Council shall establish a fee schedule based upon the actual estimated cost for providing these services.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    If a Comprehensive Stormwater Management Plan is required by this regulation, soil disturbing activities shall not be permitted until a cash bond of ten percent (10%) of the total project cost has been deposited with the City of Garfield Heights Finance Department. This bond shall be posted for the City of Garfield Heights to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less the City of Garfield Heights administrative fees as detailed in Chapter 1181 “Stormwater Management Regulations” of the City of Garfield Heights Codified Ordinances, when the following three criteria are met:

      (i)    The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one of the following conditions are met:

         (1)    One hundred percent of the total project has achieved permanent stabilization.

         (2)    Less than one acre of lots remain unbuilt.

         (3)    No development activities have occurred for one year.

      (ii)    An As-Built Certification of all SCMs is approved by City of Engineer.

      (iii)    An Inspection and Maintenance Plan has been approved by the City of Garfield Heights and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Garfield Heights, and the private owner or homeowners’ association who will take long term responsibility for these SCMs, is accepted by the City Engineer.

   (B)    Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all these criteria are not met after three (3) years of permanent stabilization of the site, the City of Garfield Heights may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long-term maintenance of the project.

(Ord. 87-2025. Passed 1-12-26.)

   The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City Engineer. This occurs after the completion of the final grade at the site, after all the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two days.

(Ord. 87-2025. Passed 1-12-26.)

   No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation. (Ord. 87-2025. Passed 1-12-26.)

   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Garfield Heights in relation to this regulation may appeal to the Court of Common Pleas. Such an appeal shall be made in conformity with Ohio Revised Code Section 2506. Written notice of appeal shall be served on the City of Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (B)    The imposition of any other penalties provided herein shall not preclude the City of Garfield Heights 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 City of Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    A permit from the Ohio Environmental Protection Agency (EPA) is required for any construction activity that causes land disturbance to one or more acres of land as directed by the National Pollutant Discharge Elimination System of the Clean Water Act.

   (B)    The City of Garfield Heights shall require confirmation that an Ohio EPA NPDES Permit for Construction Activities, where applicable, has been obtained by the applicant of any development project prior to issuing a zoning permit.

(C) Requirements of the Ohio EPA NPDES Permit for Construction Activities can be found at the Ohio EPA website:

https://epa.ohio.gov/divisions-and-offices/surface-water/permitting/storm-water-discharges-from-small-and-large-construction-activities--general-permit.

Please note that this website address may change over time; if it does not direct the reader to the Ohio EPA stormwater discharge permit for construction activities page, please call the Ohio EPA office for further instructions.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    If the City of Garfield Heights and/or the Cuyahoga County SWCD determines that a violation of the rules adopted under this code exist, the City of Garfield Heights or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.

   (B)    All development areas may be subject to external inspections by the City and/or the Cuyahoga County SWCD to ensure compliance with the approved SWP3 or Abbreviated SWP3.

   (C)    After each external inspection, the City of Garfield Heights and/or the Cuyahoga County SWCD shall prepare and distribute a status report to the applicant.

   (D)    If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the City of Garfield Heights and/or the Cuyahoga County SWCD may take action as detailed in Section 1182.02 , Section 1182.03 , and Section 1182.05 of this regulation.

   (E)    Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.

      (i)    First Violation: The City Engineer will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three days of the notification. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.

      (ii)    Second Violation: The City Engineer may issue a formal Notice of Violation which includes a five hundred dollar ($500.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three days of the Notice of Violation. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.

      (iii)    Third and subsequent violations: The City Engineer may issue a Stop Work Order for all construction activities and charge a one thousand dollar ($1,000.00) administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls follow the approved SWP3 plan.

      (iv)    Penalties and fines shall be applied per day per violation until corrected.

   (F)    The City Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this ordinance.

   (G)    A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the City of Garfield Heights and the site operator on the site's compliance status.

   (H)    The City Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these Rules.

   (I)    The City Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The City Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.

   (J)    The City of Garfield Heights shall not issue building permits for projects regulated under this code without approved SWP3s.

(Ord. 87-2025. Passed 1-12-26.)

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

   (B)    Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed 90 days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

(Ord. 87-2025. Passed 1-12-26.)

   Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Garfield Heights in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the Ohio Revised Code. Written notice of appeal shall be served on the City of Garfield Heights and a copy shall be provided to the Cuyahoga County SWCD.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (B)    The imposition of any other penalties provided herein shall not preclude the City of Garfield Heights 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 City of Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the City of Garfield Heights 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 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 establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.

      (Ord. 87-2025. Passed 1-12-26.)

   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 Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   Definitions of terms related to this chapter can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

   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 of any particular parcel of property.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Where this regulation conflicts with other provisions of law or ordinance, the most restrictive provisions, as determined by the City of Garfield Heights, 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 compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

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

(Ord. 87-2025. Passed 1-12-26.)

   The City of Garfield Heights shall administer, implement, and enforce the provisions of this regulation. The City of Garfield Heights may contract with the Cuyahoga County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.

(Ord. 87-2025. Passed 1-12-26.)

   (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:

      (i)    Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow); uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated/debrominated/desalinated swimming pool discharges; street wash water with dry cleanup method and no detergents to minimize pollutants; discharges or flows from fire-fighting activities (not planned exercises); dye tests. These discharges are exempt until such time as they are determined by the City of Garfield Heights or Ohio EPA to be significant contributors of pollutants to the MS4.

      (ii)    Community charity car washes are considered an occasional event and must follow the following criteria:

         (1)    Applicants are requested to register with the City of Garfield Heights as to the charity being served and location such event shall take place;

         (2)    The event cannot be held more than twice a year per charity;

         (3)    Biodegradable soaps are encouraged; and

         (4)    Any stormwater related literature, provided by the City of Garfield Heights, is requested to be distributed during the event and tracked as to the number of fliers distributed.

         (5)    Charity car washes are not considered to be a significant contributor to pollutants in the storm sewer system due to the nature of the event and infrequency of the events.

      (iii)    Discharges specified in writing by the City of Garfield Heights as being necessary to protect public health and safety.

      (iv)    Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 and permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Cuyahoga County Board of Health regulations, until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for household sewage treatment systems existing prior to January 1, 2007. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Cuyahoga County Board of Health. Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007, are not exempt from the requirements of this regulation.

      (v)    In compliance with the City of Garfield Heights Storm Water Management Program, discharges from all off-lot discharging household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available    for systems existing prior to January 1, 2007, discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007, will no longer be exempt from the requirements of this regulation.

   (B)    Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.

      (i)    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.

      (ii)    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. 87-2025. Passed 1-12-26.)

   (A)    Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City of Garfield Heights shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and household 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

      (i)    The City of Garfield Heights shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.

      (ii)    The City of Garfield Heights 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 water discharge, as determined by the City of Garfield Heights.

      (iii)    The City of Garfield Heights 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.

      (iv)    All devices used to measure storm water flow and quality shall be calibrated by the City of Garfield Heights to ensure their accuracy. The City of Garfield Heights shall keep a record of the monitoring equipment locations through the year and make recommendations for any way to remedy non stormwater flows encountered.

      (v)    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 City of Garfield Heights and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

      (vi)    Unreasonable delays in allowing the City of Garfield Heights access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.

      (vii)    If the City of Garfield Heights/or its designated inspection agent is refused access to any part of the facility from which storm water is discharged, and the City of Garfield Heights 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 City of Garfield Heights 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.

      (viii)    Any costs associated with these inspections shall be assessed to the facility owner/operator. (Ord. 87-2025. Passed 1-12-26.)

   (A)    Notice of Violation. When the City of Garfield Heights finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Garfield Heights 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:

      (i)    The performance of monitoring, analyses, and reporting;

      (ii)    The elimination of illicit discharges or illegal connections;

      (iii)    That violating discharges, practices, or operations cease and desist;

      (iv)    The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

      (v)    The implementation of source control or treatment BMPs; or

      (vi)    Penalties and fines.

   (B)    If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within 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, not to exceed 30 days, a legal action for enforcement may be initiated. A time extension shall be granted by the City of Garfield Heights if the owner/operator and City mutually agree to the terms and conditions necessary to remove the discharge from the system and such agreement shall be provided in the Ohio EPA Annual Report.

   (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 City of Garfield Heights 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. The Board of Zoning Appeals shall be the review board responsible for hearing an appeal through an Administrative Hearing. The Board shall schedule the hearing at their convenience and shall permit the City and accused to make their statements of facts and make an appropriate decision on the final outcome.

   (E)    Injunctive Relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the City of Garfield Heights may petition for a preliminary or permanent injunction 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. 87-2025. Passed 1-12-26.)

   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 Garfield Heights to seek cumulative remedies. (Ord. 87-2025. Passed 1-12-26.)

   (A)    Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined up to $500 per day per occurrence or imprisoned for no more than 60 days, or both, for each offense until the corrective action is resolved to the satisfaction of the City of Garfield Heights. A separate offense shall be deemed committed each day during or on which the violation or noncompliance occurs or continues.

   (B)    The imposition of any other penalties herein shall not preclude the City of Garfield Heights 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 City of Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   The City of Garfield Heights has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.

(Ord. 87-2025. Passed 1-12-26.)

   It is the purpose of these regulations to promote the public health, safety and general welfare, and to:

   (A)    Protect human life and health;

   (B)    Minimize expenditure of public money for costly flood control projects;

   (C)    Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

   (D)    Minimize prolonged business interruptions;

   (E)    Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

   (F)    Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;

   (G)    Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

   (H)    Minimize the impact of development on adjacent properties within and near flood prone areas;

   (I)    Ensure that the flood storage and conveyance functions of the floodplain are maintained;

   (J)    Minimize the impact of development on the natural, beneficial values of the floodplain;

   (K)    Prevent floodplain uses that are either hazardous or environmentally incompatible; and

   (L)    Meet community participation requirements of the National Flood Insurance Program.

      (Ord. 87-2025. Passed 1-12-26.)

   These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Garfield Heights as identified in §1184.05 “Basis for Establishing the Areas of Special Flood Hazard,” including any additional areas of special flood hazard annexed by City of Garfield Heights.

(Ord. 87-2025. Passed 1-12-26.)

   In order to accomplish its purposes, these regulations include methods and provisions for:

   (A)    Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;

   (B)    Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   (C)    Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

   (D)    Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,

   (E)    Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.

      (Ord. 87-2025. Passed 1-12-26.)

   For the purposes of these regulations, the following studies and / or maps are adopted:

   (A)    Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas both effective December 3, 2010, and as amended from time to time.

   (B)   Other studies and/or maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.

   (C)   Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City of Garfield Heights as required by Section1184.10 “Use and Development Standards for Flood Hazard Reduction” part (C) “Subdivisions and Large Developments.”

   (D)    Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at the City Hall at 5407 Turney Road, Garfield Heights, Ohio.

(Ord. 87-2025. Passed 1-12-26.)

   These regulations are not intended to repeal any existing ordinances including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.

(Ord. 87-2025. Passed 1-12-26.)

   The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Garfield Heights, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. 87-2025. Passed 1-12-26.)

   Definitions of terms related to this chapter can be found in Title Nine "Glossary of Terms” of this Planning and Zoning Code.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Designation of the Floodplain Administrator. The Building Commissioner is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

   (B)    Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

      (i)    Evaluate applications for permits to develop in special flood hazard areas.

      (ii)    Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.

      (iii)    Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.

      (iv)    Inspect buildings and lands to determine whether any violations of these regulations have been committed.

      (v)    Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.

      (vi)    Enforce the provisions of these regulations.

      (vii)    Provide information, testimony, or other evidence as needed during variance hearings.

      (viii)    Coordinate map maintenance activities and FEMA follow-up.

      (ix)    Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

   (C)    Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations. No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

   (D)    Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:

      (i)    Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

      (ii)    Elevation of the existing, natural ground where structures are proposed.

      (iii)    Elevation of the lowest floor, including basement, of all proposed structures.

      (iv)    Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.

      (v)    Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

         (1)    Floodproofing certification for non-residential floodproofed structure as required in Section 1184.10 (E).

         (2)    Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1184.10 (D) are designed to automatically equalize hydrostatic flood forces.

         (3)    Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1184.10 (I)(iii).

         (4)    A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1184.10 (I)(ii).

         (5)    A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1184.10 (I)(i).

         (6)    Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1184.10 (C).

      (vi)    A floodplain development permit application fee set by the schedule of fees adopted by the City of Garfield Heights.

   (E)    Review and Approval of a Floodplain Development Permit Application

      (i)    Review

         (1)    After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met. No floodplain development permit application shall be reviewed until all information required in Section 1184.09 (D) has been received by the Floodplain Administrator.

         (2)    The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

      (ii)    Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one year. A floodplain development permit shall expire one year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.

   (F)    Inspections. The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

   (G)    Post-Construction Certifications Required. The following as-built certifications are required after a floodplain development permit has been issued:

      (i)    For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.

      (ii)    For all development activities subject to the standards of Section 1184.09 (J)(i), a Letter of Map Revision.

   (H)    Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board in accordance with Section 1184.11 “Appeals and Variances” of these regulations.

   (I)    Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:

      (i)    Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five thousand dollars ($5,000).

      (ii)    Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.

      (iii)    Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.

      (iv)    Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.

      (v)    Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.

      (vi)    Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

   (J)    Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that City of Garfield Heights flood maps, studies and other data accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:

      (i)    Requirement to Submit New Technical Data

         (1)    For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:

            a.    Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;

            b.    Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;

            c.    Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and

            d.    Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1184.10 (C).

         (2)    It is the responsibility of the applicant to have technical data, required in accordance with Section 1184.09 (J)(i) prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.

         (3)    The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:

            a.    Proposed floodway encroachments that increase the base flood elevation; and

            b.    Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.

         (4)    Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1184.09 (J)(i).

      (ii)    Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of City of Garfield Heights, and may be submitted at any time.

      (iii)    Annexation/Detachment. Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the City of Garfield Heights have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Garfield Heights Flood Insurance Rate Map accurately represent the City of Garfield Heights boundaries, include within such notification a copy of a map of the City of Garfield Heights suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Garfield Heights has assumed or relinquished floodplain management regulatory authority.

   (K)    Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:

      (i)    In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.

      (ii)    Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.

      (iii)    When Preliminary Flood Insurance Rate Maps and / or Flood Insurance Study have been provided by FEMA:

         (1)    Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.

         (2)    Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and / or appeal to FEMA.

      (iv)    The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1184.11 “Appeals and Variances”.

      (v)    Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

   (L)    Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall:

      (i)    Determine whether damaged structures are located in special flood hazard areas;

      (ii)    Conduct substantial damage determinations for damaged structure located in special flood hazard areas; and

      (iii)    Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.

      (iv)    Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

         (Ord. 87-2025. Passed 1-12-26.)

   The following use and development standards apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Section 1184.03 “Applicability”;

   (A)    Use Regulations.

      (i)    Permitted Uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by City of Garfield Heights are allowed provided they meet the provisions of these regulations.

      (ii)    Prohibited Uses

         (1)    Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.

         (2)    Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.

   (B)    Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:

      (i)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

      (ii)    New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,

      (iii)    On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

   (C)    Subdivisions and Large Developments.

      (i)    All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;

      (ii)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

      (iii)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

      (iv)    In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.

      (v)    The applicant shall meet the requirement to submit technical data to FEMA in Section 1184.09 (J)(i)(1)d when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1184.10(C)(iv).

   (D)    Residential Structures.

      (i)    New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring and construction materials resistant to flood damage are satisfied.

      (ii)    New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.

      (iii)    New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.

      (iv)    New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

      (v)    New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:

         (1)    Be used only for the parking of vehicles, building access, or storage; and

         (2)    Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or

         (3)    Have a minimum of two (2) openings on different walls having a total net area not less than one (1) square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one (1) foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

      (vi)    Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors.

      (vii)    Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1184.10 (D) “Residential Structures” of Section 1184.10 “Use and Development Standards for Flood Hazard Reduction”.

      (viii)    In AO Zones, new construction and substantial improvement shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure.

   (E)    Nonresidential Structures.

      (i)    New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1184.10 (D) “Residential Structures” parts (i)-(iii) and (v)-(viii) of Section 1184.10 “Use and Development Standards for Flood Hazard Reduction”.

      (ii)    New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:

         (1)    Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;

         (2)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,

         (3)    Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1184.10 (E) “Nonresidential Structures” of Section 1184.10 “Use and Development Standards for Flood Hazard Reduction”.

      (iii)   In Zone AO areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade.

   (F)    Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the following standards:

      (i)    They shall not be used for human habitation;

      (ii)    They shall be constructed of flood resistant materials;

      (iii)    They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;

      (iv)    They shall be firmly anchored to prevent flotation;

      (v)    Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and

      (vi)    They shall meet the opening requirements of Section 1184.10 (D) “Residential Structures” of Section 1184.10 “Use and Development Standards for Flood Hazard Reduction”.

   (G)    Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:

      (i)    They shall not be located on sites in special flood hazard areas for more than 180 days, or

      (ii)    They must be fully licensed and ready for highway use, or

      (iii)    They must meet all standards of Section 1184.10 (D) “Residential Structures” of Section 1184.10 “Use and Development Standards for Flood Hazard Reduction”.

   (H)    Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

   (I)    Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:

      (i)    Development in Floodways

         (1)    In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or

         (2)    Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:

            a.    Meet the requirements to submit technical data in Section 1184.09 (J)(i) “Requirement to Submit New Technical Data”;

            b.    An evaluation of alternatives, which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;

            c.    Certification that no structures are located in areas that would be impacted by the increased base flood elevation;

            d.    Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and

            e.    Concurrence of the Mayor of the City of Garfield Heights and the Chief Executive Officer of any other communities impacted by the proposed actions.

      (ii)    Development in Riverine Areas with Base Flood Elevations but No Floodways.

         (1)    In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than one foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or,

         (2)    Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than one foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:

            a.    An evaluation of alternatives which would result in an increase of one foot or less of the base flood elevation and an explanation why these alternatives are not feasible;

            b.    Section 1184.10 (I)(i)(2), items a. and c.-e..

      (iii)    Alterations of a watercourse. For the purpose of these regulations, a watercourse is altered when any change occurs within its banks. The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:

         (1)    The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.

         (2)    Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.

         (3)    The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with City of Garfield Heights specifying the maintenance responsibilities. If an agreement is required, it shall be made a condition of the floodplain development permit.

         (4)    The applicant shall meet the requirements to submit technical data in this Chapter when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

(Ord. 87-2025. Passed 1-12-26.)

   (A)    Appeals Board Established. The Garfield Heights Planning Commission is hereby appointed to serve as the Appeals Board for these regulations as established by City Code.

   (B)    Powers and Duties

      (i)    The Appeals Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of these regulations.

      (ii)    Authorize variances in accordance with Section 1184.11 (D) “Variances” of these regulations.

   (C)    Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Appeals Board provided that such person shall file, within twenty (20) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Appeals Board. Upon receipt of the notice of appeal, the Appeals Board shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.

   (D)    Variances. Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance. The Appeals Board shall have the power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

      (i)    Application for a Variance

         (1)    Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Appeals Board.

         (2)    Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.

         (3)    All applications for variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Garfield Heights.

      (ii)   Notice for Public Hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one or more newspapers of general circulation in the community at least ten days before the date of the hearing.

      (iii)    Public Hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:

         (1)    The danger that materials may be swept onto other lands to the injury of others.

         (2)    The danger to life and property due to flooding or erosion damage.

         (3)    The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

         (4)    The importance of the services provided by the proposed facility to the community.

         (5)    The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.

         (6)    The necessity to the facility of a waterfront location, where applicable.

         (7)    The compatibility of the proposed use with existing and anticipated development.

         (8)    The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

         (9)    The safety of access to the property in times of flood for ordinary and emergency vehicles.

         (10)    The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

         (11)    The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

      (iv)    Variances shall only be issued upon:

         (1)    A showing of good and sufficient cause.

         (2)    A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of these regulations does not constitute an exceptional hardship to the applicant.

         (3)    A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.

         (4)    A determination that the structure or other development is protected by methods to minimize flood damages.

         (5)    A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

         (6)    Upon consideration of the above factors and the purposes of these regulations, the Appeals Board may attach such conditions to the granting of variances, as it deems necessary to further the purposes of these regulations.

      (v)    Other Conditions for Variances

         (1)    Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

         (2)    Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1184.11 (D)(iii) “Public Hearing” of this Chapter have been fully considered. As the lot size increases beyond one half (1/2) acre, the technical justification required for issuing the variance increases.

         (3)    Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   (E)    Procedure at Hearings.

      (i)    All testimony shall be given under oath.

      (ii)    A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.

      (iii)    The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

      (iv)    The Administrator may present evidence or testimony in opposition to the appeal or variance.

      (v)    All witnesses shall be subject to cross-examination by the adverse party or their counsel.

      (vi)    Evidence that is not admitted may be proffered and shall become part of the record for appeal.

      (vii)    The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

      (viii)    The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

   (F)    Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.

(Ord. 87-2025. Passed 1-12-26.)