The intent of this chapter is to comply with the requirements of the Ohio Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Phase II General Permit by establishing standards to achieve a level of soil erosion and storm water control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth-disturbing activities involving one acre or more. Reduction of storm water discharges from construction activity disturbing less than one acre must be considered if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. In addition, this chapter further intends to:

   (a)   Any person or persons proposing to disturb one acre or more of land for residential, institutional, commercial, office and industrial purposes, including land development proposals for non-agricultural uses and public infrastructure uses, including transportation and utilities within the municipality shall design, develop, and submit a site development plan as described in Section 1295.06. Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impacts that may result from such development activities.

   (a)   Where this chapter imposes a greater restriction upon land than is imposed or required by other municipal provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.

   All words used in this chapter shall have their customary meanings as defined in Webster's New World Dictionary and/or Rainwater and Land Development: Ohio's Standards for Storm Water Management, Land Development and Urban Stream Protection, current edition, except those specifically defined in this section.

 

 

 

 

 

 

   (a)   Any person seeking approval of residential, industrial, commercial, office or institutional uses, including land development proposals for non-agricultural uses and public infrastructure uses, shall develop, and submit to the municipality for review and approval a site development plan prepared by a professional engineer licensed by the State of Ohio as detailed below.

   (a)   Storm water management (SWM) plans are intended to provide critical information on all soil erosion and runoff control activities and Best Management Practices (BMPs) to be used and incorporated on the site both during and after site development. This information includes, but is not limited to, site grading, storm water management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth-disturbing activities that occur as a result of site development. Said plan shall be prepared, signed, and sealed by a licensed professional engineer authorized in the State of Ohio.

 

         C.   The Municipal Engineer shall approve or reject any calculation method based on its technical validity for the given situation. Downstream capacity may further reduce maximum discharge requirements.

      (5)   Off-site storm water control facilities. Exceptions to requiring permanent on-site runoff control on the site may be considered by the Municipal Engineer provided the site owner and/or applicant can prove that:

         A.   The intent and standards of this chapter for runoff control can be best achieved by the utilization of off-site storm water control facilities.

         B.   Runoff from the site can be conveyed to offsite storm water facilities in a manner and by means which satisfy or surpass the standards of this chapter.

         C.   The site owner and/or applicant has ownership of or the right to use the off-site facility in question.

   (f)   Storm water management (SWM) plan submission review and action.

      (1)   The site owner and/or applicant is encouraged to have a pre-submission meeting with the municipality.

      (2)   The site owner and/or applicant's submission of two sets of the SWM plan, and other supporting data required by this regulation, to the municipality initiates the review process.

      (3)   The SWM plan shall be reviewed by the Municipal Engineer to:

         A.   Verify background information furnished by the site owner and/or applicant and evaluate the proposed development in relation to existing site conditions.

         B.   Assess the SWM plan in relation to the performance standards and requirements of this chapter.

      (4)   Upon submission of the SWM plan the municipality shall complete a review and shall either:

         A.   Approve the SWM plan as submitted by the site owner and/or applicant;

         B.   Conditionally approve the SWM plan and require the submission of additional and/or revised information by the site owner and/or applicant, in order to fully meet the intent and standards of this chapter; or

         C.   Disapprove the SWM plan based upon a written review noting the reasons.

      (5)   Action by the municipal approval authority and the authorized agent(s) approving or disapproving the SWM plan is a final order for purposes of judicial review.

(Ord. 13-030. Passed 10-15-13; Ord. 21-021. Passed 11-16-21.)

   (a)   Performance Liability. No provision of this chapter shall limit, increase, or otherwise affect the liabilities of the site owner and/or applicant nor impose any liability upon the municipality not otherwise imposed by law.

   (c)   Proceeding with Activity. Soil disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of site development plans or storm water management plans have been granted to the site owner and/or applicant.

      (1)   All development sites shall be inspected by the site owner and/or applicant under the direction of a licensed professional engineer to ensure compliance with the approved site development plan or SWM plan. All sites are also subject to inspections by the municipality's authorized agent(s) under the direction of a licensed professional engineer to ensure compliance with the approved site development plan or SWM plan.

      (2)   The status report prepared by the site owner and/or applicant shall be distributed to the municipality, the contractor if applicable, and the professional engineer of record.

      (3)   If it is found that the operations are being conducted in violation of the approved site development plan and SWM plan, a stop-work order may be issued by the municipality until the identified violations cease and are corrected.

      (4)   After the issuance of a stop work order provided for in division (e)(3) above, but before the imposition of any fines, the site owner and/or applicant shall have the opportunity to request a meeting with the Law Director and the municipality to show cause why work should not be stopped.

      (5)   Following the issuance of a stop-work order, the municipality shall determine if and when the development may proceed. Any determination by the municipality pursuant to this section is a final order for purpose of judicial review.

      (1)   The municipality shall notify the storm water site owner and/or applicant of any violations observed in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.

      (2)   The site owner and/or applicant shall comply with the timeline for correction in the table listed below. Timeline extension for adverse weather conditions may be granted upon approval of the municipality.

      (3)   Violations.

 

      (1)   If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the municipality shall apply. Applicable penalties as described in division (o) of this section.

      (2)   When determined necessary by the municipality, the authorized agent(s) on behalf of the municipality may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation and place the cost of such corrective actions on the tax duplicate of the site owner/applicant.

      (3)   The authorized agent(s) may request the legal representative of the municipality to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in division (o)(3) of this section or any other relief the court determines.

      (1)   All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any rainfall greater than one-half inch of rain per 24-hour period. The site owner and/or applicant shall assign a qualified professional engineer experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SWM plan and this regulation are being met, and whether additional control measures are required.

      (2)   The site owner and/or applicant shall maintain the records for three years following the final stabilization of the site. The records shall include:

         A.   Name of site.

         B.   Names(s) and qualifications of personnel making the inspections.

         C.   The date(s) of inspections.

         D.   Weather conditions.

         E.   Major observations relating to the implementation of the SWM plan and a certification as to whether the site is in compliance with the SWM plan, SWP3, and NPDES permit, if applicable.

         F.   This record shall also identify any incidents of noncompliance, actions taken to correct any problems and the date(s) corrective action(s) was taken.

         G.   A copy of annual updates to this record shall be provided to the municipality by March 1st of each year.

      (3)   A copy of all inspection log sheets must be submitted to the municipality within five working days of the date that the inspection was conducted.

      (1)   In the case of proposed subdivisions and other private developments, inspection and maintenance agreements shall be approved before the municipality accepts the final plat of the proposed subdivision, or issues final construction plan approval for other private developments. Said agreement shall be incorporated into the site owner and/or applicant's developer agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.

      (2)   All inspection and maintenance agreements shall do the following:

         A.   Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair. For subdivisions, unless otherwise approved by the municipality, this responsible party(ies) shall be an entity of common ownership (e.g., land/homeowner's association) within the proposed subdivision.

         B.   Prohibit unauthorized alterations of all storm water management facilities. All revisions shall be approved by the municipality.

         C.   Provide adequate access to all storm water management facilities for inspection by the municipality's authorized agent(s) and corrective actions by the site owner and/or applicant when determined necessary by the municipality.

      (3)   As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the municipality, and a reference shall be made to the entity or individual(s) responsible for their maintenance.

      (4)   The municipality may require the site owner and/or applicant to follow the maintenance procedure outlined in R.C. § 6131.63. The municipality's authorized agent(s) may require of the site owner and/or applicant any one or more of the following items of the maintenance agreement.

         A.   Benefit two or more property owners.

         B.   Are designed for cost-effective maintenance.

         C.   Are determined by the municipality or its authorized agent(s) to be appropriate additions to this jurisdiction's existing storm drainage system.

         D.   Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.

      (5)   The following conditions shall apply to all drainage easements:

         A.   Easements shall be approved by the municipality prior to approval of the final plat and shall be recorded with said plat, or shall be approved prior to approval of final construction plans.

         B.   Unless otherwise required by the municipality, drainage easements shall be no less than 20 feet wide.

         C.   Unless otherwise required and approved by the municipality, storm water management facilities, including but not limited to basin, ponds, or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (i.e., land/homeowners association).

         D.   Those lots that contain and/or are crossed by a drainage easement shall have the following restriction: Any lot area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the municipality.

 

 

 

 

 

 

      (1)   The municipality, with or without the approval of Planning Commission, may grant a variance to these regulations where the owner or his or her appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, based upon the following:

         A.   That exceptional topographic or other physical conditions exist that are peculiar to the particular parcel of land.

         B.   That the literal interpretation of these regulations would deprive the owner of rights enjoyed by other property owners.

      (2)   Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of these regulations.

      (3)   The request for variance shall be submitted to the Chief Building Official or Village Administrator and shall state the specific variances sought and include sufficient information to justify the granting of a variance.

      (1)   Failure to install control practices specified in the state and federal permits, or as approved by the municipality.

      (3)   Inadequate design and/or unacceptable performance of the control practices as judged by the municipality.

      (4)   Failure to properly maintain control practices put in place as determined by the municipality.

      (5)   Failure to remove control practices after the site has reached final stabilization.

      (1)   Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons violating any of the provisions herein shall upon conviction be fined up to one hundred dollars ($100.00) per day the violation exists and, in addition, shall pay all costs and expenses involved in the case.

      (2)   Upon notice from the municipality and/or its authorized agent(s), that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the site owner and/or applicant and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the municipality's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.

      (3)   The imposition of any other penalties provided herein shall not preclude the municipality, by or through its Law Director and/or any of its assistants, from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).

(Ord. 13-030. Passed 10-15-13; Ord. 21-021. Passed 11-16-21.)