Hebron City Zoning Code
TITLE SEVEN
SUBDIVISION REGULATIONS AND DEVELOPMENT STANDARDS
1167.01 TITLE.
These regulations will be known and may be designated and cited as "The Village of Hebron, Ohio, Subdivision Regulations," and shall hereinafter be referred to as the "Subdivision Regulations", or "these regulations."
Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application will govern the interpretation of these regulations as those governing the interpretation of the Ohio Revised Code.
(Ord. 19-20. Passed 11-4-20.)
1167.02 ADMINISTRATION.
These regulations shall be administered by the Village of Hebron Community Development Coordinator and Planning and Zoning Board.
(Ord. 19-20. Passed 11-4-20.)
1167.03 JURISDICTION.
These regulations will be applicable to all subdivisions of land within the Village of Hebron.
(Ord. 19-20. Passed 11-4-20.)
1167.04 PURPOSE AND INTENT.
The purpose of these regulations is to guide and facilitate the orderly, beneficial growth of the community by assuring the orderly subdivision of land and its development, and to promote the public health, safety, convenience, comfort, prosperity and general welfare within the Village of Hebron.
(Ord. 19-20. Passed 11-4-20.)
1167.05 APPLICATION REQUIRED.
Any person or entity desiring to subdivide land within the Village of Hebron shall submit an application to the Community Development Coordinator that complies with all applicable provisions of these regulations. Applications approved under these regulations shall automatically expire after one (1) year, unless extended by the Community Development Coordinator with Planning and Zoning Board approval, or as otherwise provided by these regulations.
(Ord. 19-20. Passed 11-4-20.)
1167.06 ISSUANCE AND EXPIRATION.
A Lot Split Approval Certificate, Zoning Certificate, or any other permit issued under these regulations will be issued within ten (10) days of approval of the application. One (1) copy of the plan submitted by the Applicant will be returned.
For all Lot Split Approval Certificates, the deed and survey drawing shall be placed on record at the Licking County Recorder's Office within six (6) months from the date of approval, or the Lot Split Approval Certificate will be null and void.
All Certificates of Zoning Compliance shall be conditional in accordance with Section 1105.04 of the Village of Hebron Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1167.07 RELATION TO OTHER LAWS.
The provisions of these regulations shall supplement any and all laws of the State of Ohio, ordinances of the Village, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolution, the most restrictive or that imposing the high standards shall govern. (Ord. 19-20. Passed 11-4-20.)
1167.08 RELATION TO COMPREHENSIVE PLANNING.
The provisions of these regulations shall supplement any and all planning documents relating to the purpose and scope of these regulations, including a comprehensive plan, land use plan, and all other planning documents adopted by the Village of Hebron. If the requirements of these regulations are at variance with the requirements of any planning document adopted by the Village of Hebron, the provisions of these regulations shall control.
(Ord. 19-20. Passed 11-4-20.)
1167.09 SEVERABILITY.
If for any reason, any clause, sentence, paragraph, section or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so held to be invalid.
(Ord. 19-20. Passed 11-4-20.)
1167.10 DEDICATION OF IMPROVEMENTS.
No street, utility, or other improvement may be used or service turned on until the Village Engineer has completed the final inspection. No maintenance will be performed on any street, utility, or other improvement by Village personnel unless the street, utility, or other improvement has been dedicated to, and accepted by the Village in accordance with this section.
(a) Dedication Plat. Unless an extension has been granted by the Planning and Zoning Board, a Dedication Plat will be presented to the Village Engineer within ninety (90) days of the opening of the newly constructed or renovated street for public usage or within ninety (90) days of the Village Engineer's final inspection of a utility or other improvement. The Dedication Plat will be on mylar and be the "as built plan" showing the location of the streets, utilities, and other improvements as constructed and identify appropriate depths of all utilities as installed.
The Dedication Plat will contain a signature block for the Mayor, Village Administrator, Village Engineer, Fire Chief, and Community Development Coordinator. The Plat will include a note granting the Village a one (1) year warranty on the street, utilities, or other improvements shown.
The Village Engineer will review and, upon his/her approval, sign and transmit the Dedication Plat to the Village Administrator.
(b) Ordinance of Acceptance. Upon receipt of the Dedication Plat, the Village Administrator will instruct the Village Solicitor to draft an ordinance of acceptance for the street, utility, or other improvements. Upon approval of the ordinance by the Village Council, the Fiscal Officer will transmit a copy of the approved ordinance to the applicant or developer.
Upon Village acceptance of the Dedication Plat, a copy will be transmitted to the appropriate department heads.
(c) Warranty. Acceptance of a dedication plat by the Village Council will provide the applicant or developer with a one (1) year warranty on all dedicated streets, utilities, or other improvements.
(d) Release of Bonds. Bonds, deposits, or insurance policies required for, or related to, the construction will be released thirty (30) days after the acceptance ordinance has been approved and all fees have been paid. Bonds, deposits, or insurance policies required for, or related to, the warranty will be released thirty (30) days after the warranty period has expired. (See Chapter 1177).
(Ord. 19-20. Passed 11-4-20.)
1167.11 AMENDMENTS.
Procedures for the amendment of these Regulations will be the same as set forth in Chapter 1111 of the Hebron Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1169.01 INTERPRETATION OF TERMS OR WORDS.
Except where specifically defined herein, all words used in these regulations will carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word "lot" includes the word "parcel" and "plot"; the word "building" includes the word "structure"; the words "will" and "shall" are mandatory, the word "may" is permissive, and the word "should" is preferred; the words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words denoting the masculine gender will be deemed to include the feminine and neutral genders. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(Ord. 19-20. Passed 11-4-20.)
1169.02 DEFINITIONS.
AGENT - The representative of the applicant. The authority of the representative will be established to the satisfaction of the Community Development Coordinator.
ALLEY - A public right-of-way not less than twenty (20) feet or more than thirty (30) feet wide which affords only a secondary means of access to property abutting thereon.
APPLICANT - The owner or authorized representative of land proposed to be subdivided. Consent to subdivide will be required from the legal owner of the premises.
ARCHITECT - An architect registered by the State of Ohio.
ARTERIAL STREET - See "Streets".
AS-BUILT PLANS - Plans that have been revised to incorporate all changes that occurred during construction of the project, on matte mylar material.
AVERAGE DAILY TRAFFIC (ADT): The total traffic volume during a given time period in whole days greater than one (1) day and less than one (1) year divided by the number of days in that time period.
BLOCK - All that part of one (1) side of a street between two (2) intersecting streets.
BOND - Any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Village Council.
BUFFER - Any combination of mounds, fencing, plantings, etc., intended to separate one (1) land use from another.
BUFFER STRIP means a land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA means the area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met.
BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING LINE - The line within the property defining the required minimum distance between any structure and the property line.
CALIPER - The diameter of a tree as measured approximately four (4) feet above the ground.
CERTIFICATE OF DEPOSIT - A certificate held on deposit by a financial institution for the Village of Hebron until such time as the subdivider has fulfilled his obligation to install the required improvements.
CHANNEL - A natural stream that conveys water; a ditch or channel excavated for the flow of water.
CLERK - The Fiscal Officer of the Village of Hebron, Ohio.
COLLECTOR STREET- See "Streets".
COMMISSION - The Mid-Ohio Regional Planning Commission (MORPC) or its designated representative, or the Licking County Regional Planning Commission, or its designated representative.
COMPREHENSIVE PLAN - The plan or plans made and adopted by the Village of Hebron as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, character and extent of community development and other physical aspects of urban and rural planning.
CONSTRUCTION PLANS - The maps or drawings accompanying an applicable construction of development as identified in Section 1181.07 of this Planning and Zoning Code, including but not limited to a Major Subdivision plat, and showing the specific location and design of improvements to be installed.
COUNCIL - The Village Council of the Village of Hebron, Ohio.
COUNTY - Licking County, Ohio, as applicable.
CUL-DE-SAC - see "Streets".
CULVERT - A transverse drain that channels water under a bridge, street, driveway, or path.
CUT SHEETS - Tabular survey information used for file purpose of construction layout staking.
DEDICATION - An act of transmitting property or interest thereto.
DENSITY - The number of dwelling units per unit of land. To determine density, divide the total number of dwelling units by the net developable site as measured in acres. (See definition of "net developable site").
DEVELOPER - See "Applicant."
DEVELOPMENT - Any man-made change to improved or unimproved real estate.
DITCH - An excavation either dug or natural for the purpose of drainage or irrigation with intermittent flow.
DITCH PETITION - The process, governed by the Ohio Revised Code Section 6131.63, and amendments, that details the method for permitting public maintenance of drainage facilities.
DRAINAGE - The removal of surface or subsurface water from a given area either by gravity or by pumping.
DRAINAGEWAY - An area of concentrated water flow other than a river, stream, ditch, or grassed waterway.
DRIVEWAY - A privately owned and maintained way to one lot of record used to provide vehicular and pedestrian access.
EASEMENT - A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
ENGINEER, PROJECT - See "Engineer, Registered".
ENGINEER, REGISTERED - An engineer registered by the State of Ohio.
ENGINEER, VILLAGE - The Village Engineer of the Village of Hebron. (Section 1179.03)
EROSION - The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
ESCROW - A deposit of cash with the Village of Hebron in lieu of an amount required and still in force on a performance or maintenance bond.
ESCROW FUND - Cash placed by the subdivider in an account to be held by a financial institution in favor of the Village to guarantee the installation of improvements according to the provisions of this Ordinance.
EXCAVATION - The removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.
FIRE CHIEF - The Fire Chief of the appropriate Village Fire Department.
FLOOD FRINGE - That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODING, BASE - A flood having a one percent (1%) chance of being equaled or exceeded in any given year. Commonly referred to as the 100 year flood.
FLOOD INSURANCE RATE MAP - Maps produced by the Federal Emergency Management Agency which highlight existing 100 year floodplain.
FLOODPLAIN - The areas adjoining a watercourse which are expected to be flooded as a result of a severe combination of meteorological and hydrological conditions (100 year flood), as identified by the Hebron Flood Plain Ordinance or its successor.
FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FLOODWAY FRINGE - That portion of the floodplain outside of the floodway as identified in The Hebron Flood Plain Ordinance or its successor.
FRONTAGE - That portion of a lot abutting on a dedicated right-of-way.
GRADE - The slope of any surface specified in percentage terms.
GRADE, ESTABLISHED STREET - The elevation of the street, established by the Village Engineer, measured at the center line of the street.
GRADE, FINISHED - The elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
GRADE, NATURAL - The elevation of the undisturbed surface of any land.
HILLSIDE - An area with an average slope of more than fifteen percent (15%).
IMPROVEMENT, PUBLIC - Any drainage ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, utility, or other facility for which the Village of Hebron may ultimately assume the responsibility for operation and maintenance or which may affect an improvement for which the Village of Hebron is responsible.
IMPROVEMENTS - Street pavements or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.
IN-LIEU FEES - Fees paid by a private individual or party to the Village of Hebron to compensate for the mandatory dedication provisions of the Hebron Planning and Zoning Code when said land dedication is waived by Village Council.
INSPECTION FEE - Cost to the Village of supervising construction, to be paid by the developer.
LANDSCAPE ARCHITECT - A landscape architect registered by the State of Ohio.
LAW DIRECTOR - The Law Director or Village Solicitor of the Village of Hebron, Ohio.
LETTER OF CREDIT - An irrevocable letter of credit issued by a bank in the Central Ohio area, subject to the provisions of Chapter 1305 of the Ohio Revised Code.
LOT - A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used or sold or developed or built upon as a unit.
LOT, BUILDABLE - A lot having the required street frontage and yard spaces that would allow for the construction of a structure as permitted by the zoning classification of that lot.
LOT, CORNER - A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
LOT COVERAGE - The portion of the lot that is covered by buildings and structures.
LOT, DOUBLE FRONTAGE - A lot, other than a corner lot, with frontage on more than one (1) street.
LOT IMPROVEMENT - Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
LOT, INTERIOR - A lot with only one (1) frontage on a street.
LOT, IRREGULAR - A lot that is neither square nor rectangular.
LOT MEASUREMENT - A lot will be measured as follows:
(a) The depth of a lot will be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, the straight line connecting the rearmost side lot lines will not be less than one half of the length of the straight line connecting the foremost points of the side lot lines.
(b) The width of a lot will be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
LOT, MINIMUM AREA - The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT OF RECORD - A lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded. Also refers to a lot as defined in Chapter 1103 of the Hebron Planning and Zoning Code.
LOT, REVERSE FRONTAGE - A double frontage lot located along a collector or arterial that derives access from an interior local street.
LOT SPLIT - See "Subdivision".
MANDATORY LAND DEDICATION - The required dedication of private land to the Village of Hebron for the purpose of providing space for park recreation, open space and other public uses.
MAP INDEX - A map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
MAP LOCATION - A map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'.
MAYOR - The Mayor of the Village of Hebron, Ohio.
MINOR LOT SPLIT - See "Subdivision".
MORPC - Mid-Ohio Regional Planning Commission.
NET DEVELOPABLE SITE - The remainder of a parcel(s) of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks and ditches, and all other dedicated rights-of-way.
NO-BUILD ZONE - An area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
O.D.O.T. or ODOT - Ohio Department of Transportation.
OEPA - Ohio Environmental Protection Agency.
OFF-SITE - Any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.
PARCEL - A contiguous quantity of land in single ownership or under single control, or parcels described on one deed reference.
PERFORMANCE AND INDEMNITY BOND OR SURETY BOND - An agreement by and between a subdivider and a bonding company in favor of the Village of Hebron for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement.
PLAN, IMPROVEMENT - Detailed construction drawings, maps, and other materials depicting a proposed subdivision meeting the requirements of this document.
PLANNING AND ZONING BOARD - The Planning and Zoning Board of the Village of Hebron, Ohio.
PLAN, SKETCH - A drawing of a proposed subdivision intended to be used as a general indicator of how the proposed area may be subdivided.
PLAT, FINAL - The plat of a proposed subdivision, drawn on durable material as specified in these regulations and intended for recording, meeting all the requirements as herein enumerated.
PLAT, PRELIMINARY - The plat of a proposed subdivision that meets all of the requirements of these regulations.
PRETREATMENT - The private onsite treatment of wastewater before discharge into public wastewater system.
PRETREATMENT PROGRAM - The guidelines set forth by a community or other water/wastewater authority which delineate the requirements for, and the standards of, the private onsite treatment of wastewater before discharge into a public wastewater system.
RESERVES - Parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
RIGHT-OF-WAY - A strip of land occupied or intended to be occupied by a street, crosswalk, walkway, bikeway, or other public improvement relating to public travel or access.
SEDIMENT - Solid material both mineral and organic that are in suspension, is being transported, or has been moved from its site or origin by surface water, and has come to rest on the earth's surface above or below ground level.
SEDIMENT BASIN - A barrier, dam, or other suitable detention facility built across an area of water-flow to settle and retain sediment carried by runoff waters.
SETBACK, FRONT - The minimum distance between the right-of-way and a building facing said right-of-way as required by the Planning and Zoning Code.
SETBACK, PLATTED - The minimum distance between the building and the right of- way, rear lot line, and/or side lot line as required by the Planning and Zoning Code and shown on the recorded plat of the subdivision.
SETBACK, REAR - The minimum distance between the rear lot line and a building, as required by the Planning and Zoning Code.
SETBACK, SIDE - The minimum distance between the side lot line and a building, as required by the Planning and Zoning Code.
SOLICITOR - The Law Director or Village Solicitor of the Village of Hebron, Ohio.
STREET, ARTERIAL- A street which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT.
STREET, CUL-DE-SAC - A local street having only one (1) outlet and a paved terminal for safe and convenient reversal of traffic movement.
STREET, DEAD END - A local street having only one (1) outlet without a safe and convenient means for reversal of traffic.
STREET, EXPRESSWAY - A street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
STREET, INDUSTRIAL - A street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes relatively large commercial vehicles other than passenger automobiles.
STREET, LOCAL - A street intended to provide access to other streets from individual properties and to discourage through traffic, generally bearing a volume of traffic no greater than 800 ADT.
STREET, MAJOR COLLECTOR - A street which carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
STREET, MINOR COLLECTOR - A street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.
STRUCTURE - A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
SUBDIVIDER- See "Applicant."
SUBDIVIDER'S AGREEMENT - An agreement by and between a subdivider and the Village of Hebron that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
SUBDIVISION or LOT SPLIT- Any or all of the following:
(a) The division or re-division of land into two (2) or more parts, lots, parcels, sites, units, tracts, or interests for the purpose of transfer of ownership, lease, or building development either immediate or future;
(b) The division or development of land whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument;
(c) The improvement of one or more parcels of land for structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street, right-of-way, or easement; or
(d) The re-subdivision of any lot or lots in any recorded subdivision; provided, however, that if the sale and exchange does not create additional building sites, the result shall not be defined as a subdivision.
SUBDIVISION, MAJOR - Any subdivision or lot split that has more than three (3) lots, including the remainder from the original parcel, and/or the creation or extension of a Village street, easement of access, or public utilities.
SUBDIVISION, MINOR - Any subdivision or lot split that has three (3) lots or less, including the remainder from the original parcel, which does not require the creation or extension of any Village street or public utilities.
SURETY - A certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Village designed to guarantee the construction of required improvements.
SURVEYOR - A surveyor registered by the State of Ohio.
TECHNICAL REVIEW GROUP - A Technical Review Group may be established for special projects, as a technical review body for the Village and may consist of, but not be limited to, the Mayor, Community Development Coordinator, Village Engineer, Village Administrator, Chief of Police, Fire Chief, and any other necessary Village staff member.
THOROUGHFARE PLAN - The system of streets for the Village as set forth in these Subdivision Regulations or other standards adopted by the Village, on file in the Fiscal Officer's office, together with all amendments thereto subsequently adopted.
TREE - Any tree, shrub, or other woody plant.
TREE LAWN - That part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
TREE, SIGNIFICANT - Any individual tree that is of cultural, historical, biological or horticultural value as determined by the Village Council with the advice of the Planning and Zoning Board or Landmark Commission.
VILLAGE - The Village of Hebron, Ohio.
WATERSHED - The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
ZONING CODE - The Planning and Zoning Code of the Village of Hebron, Ohio.
(Ord. 19-20. Passed 11-4-20.)
1171.01 ADMINISTRATION.
The Hebron Planning and Zoning Board will administer these regulations, in addition to and in accordance with the duties and procedures set forth in Chapter 1105 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1171.02 COMMUNITY DEVELOPMENT COORDINATOR.
1171.03 VILLAGE ENGINEER.
The Village Engineer or his/her designated representatives will review all site plans as required by these Subdivision Regulations and the Planning and Zoning Code. Review expenses will be recorded, forwarded to the Fiscal Officer, who will bill them to the developer. The approval of the site plan by the Village Engineer will assure compliance with all these regulations and all other Village standards, including but not limited to, storm-water management, public street construction, public utility installation, and such private construction or development that may affect the public health, safety, and welfare.
(Ord. 19-20. Passed 11-4-20.)
1171.04 INSPECTIONS AND COMPLAINTS.
In addition to those duties set forth in Chapter 1105 of the Planning and Zoning Code, the Community Development Coordinator will conduct, or cause to be conducted, inspections of buildings, land and construction projects to determine whether any violations of these regulations have been committed or exist, and to receive and investigate complaints and notices of alleged violations, pursuant to the following:
(a) On projects where the Community Development Coordinator, Village Engineer, or the Planning and Zoning Board determine that the required inspection expertise is greater than that of the Community Development Coordinator, or that certain areas of the project require specialized inspections or testing, the Village Engineer will conduct, or cause to be conducted, the required inspections and the expense of such inspections will be charged to the developer. Such inspection expenses will be billed to the developer by the Fiscal Officer and are due thirty (30) days from the billing date. Any permit issued under these regulations or the Planning and Zoning Code will not be issued until inspection charges and any other related fees are paid.
(b) Written complaints of alleged violations will be filed with the Community Development Coordinator, who will investigate and prepare a report to be submitted to the Planning and Zoning Board and Solicitor.
(Ord. 19-20. Passed 11-4-20.)
1171.05 VARIANCES.
The following regulations shall govern the granting of variances:
(a) Where the Planning and Zoning Board finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may allow for the variance of such regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purposes of these regulations or the desirable development of the neighborhood and community. The procedure for such variances shall be as set forth in Chapter 1115 of the Planning and Zoning Code. Such variances shall not have the effect of nullifying the intent and purpose of these regulations, any comprehensive plan, or the Planning and Zoning Code.
(b) In granting variances or modifications, the Planning and Zoning Board may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
(Ord. 19-20. Passed 11-4-20.)
1171.06 PLAT ADJUSTMENTS.
No changes, erasures, modifications, or revisions shall be made to any final plat after approval by Village Council, except minor technical adjustments or corrections which do not significantly change the plat as approved may be made with the approval of the Utilities Superintendent, Community Development Coordinator, and Village Engineer. Any changes to a final plat beyond minor technical adjustments or corrections must be resubmitted to the Planning and Zoning Board. (Ord. 19-20. Passed 11-4-20.)
1171.07 VACATION OF PLATS.
Any person owning, either jointly or severally, and having legal title to any land within the Village, wishing to vacate any recorded subdivision, shall follow the requirements of Ohio Revised Code Chapter 711 and the Licking County Engineer's process.
(Ord. 19-20. Passed 11-4-20.)
1171.08 VIOLATIONS AND PENALTIES.
Any person, firm, or corporation who fails to comply with, or violates, any of these regulations will be subject to the penalties as set forth in Chapter 1105 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1171.09 NOTICE OF VIOLATION.
Where a violation of any provision of these Subdivision Regulations is found to exist, the Village, through its Community Development Coordinator, shall cause a written notice of such violation to be served upon the owner, developer, manager, occupant, or other person responsible for the correction thereof as follows:
(a) Notice of Violation. For all violations of these regulations, the Community Development Coordinator shall issue a notice of violation in accordance with the process described in Section 1163.16 of the Planning and Zoning Code.
(b) Stop Work Order. In cases where a project has been started without the issuance of an applicable permit, or where such work or violation could pose a danger to the health, welfare, and safety of other individuals or property, a Stop Work Order will be issued along with the Notice of Violation. Persons receiving a Stop Work Order will be required to halt all construction activities. This Stop Work Order will be in effect until the Village confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Chapter.
(Ord. 19-20. Passed 11-4-20.)
1171.10 APPEALS.
Appeals of any notice and/or determination made by the Community Development Coordinator under this Chapter may be taken in accordance with Section 1107.05 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1173.01 MINOR SUBDIVISION CRITERIA.
A Minor Subdivision is the creation of three (3) lots or less, including the remainder from the original parcel, which does not involve the creation or extension of any Village streets, easements of access, or public utilities. Minor Subdivisions may be approved by the Community Development Coordinator so long as they comply with the requirements of a Lot Split or an Exempted Lot Split under this chapter.
(Ord. 19-20. Passed 11-4-20.)
1173.02 LOT SPLIT.
A Lot Split, otherwise known as a Minor Subdivision, may be approved by the Community Development Coordinator if the proposed Lot Split complies with all of the following requirements:
(a) The proposed Lot Split is located along an existing dedicated public right of way and does not involve the opening, widening, or extension of any street, road, or easement, and does not involve the creation or extension of public utilities.
(b) No more than three (3) lots, including the remainder, are created from the original property.
(c) The proposed Lot Split complies with all applicable Subdivision and Zoning Regulations.
(Ord. 19-20. Passed 11-4-20.)
1173.03 LOT SPLIT APPLICATION.
Applications for Lot Splits/Minor Subdivisions shall be submitted to the Community Development Coordinator. Upon initial Lot Split application, the Community Development Coordinator shall make a determination of the completeness of the application as it complies with this section. The Community Development Coordinator shall have the right to reject a Lot Split Application that is determined to be incomplete. An application shall be considered officially submitted and filed when the Community Development Coordinator finds that all of the following have been provided:
(a) A Lot Split application on forms prescribed by the Planning and Zoning Department and the applicable filing fees.
(b) Three (3) copies of a survey prepared by a surveyor registered in the State of Ohio containing the following:
(1) The establishment of property corners by iron pins, corner posts, or other acceptable monuments.
(2) The original adjacent properties and the parcel to be conveyed including dimensions, property size, and ownership.
(3) The location of all buildings on the properties.
(4) The location of all streams on or within one hundred (100) feet of the lot(s).
(5) The location and dimensions of all easements on or within twenty (20) feet of the lot(s).
(c) Three (3) copies of the legal description of the proposed lot(s).
(d) Other information that may be required by the Community Development Coordinator or Planning and Zoning Board, including but not limited to review by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1173.04 APPROVAL OF LOT SPLIT.
Provided that all requirements of these regulations are met, Lot Splits may be approved by the Community Development Coordinator after review by the Planning and Zoning Board and the Village Administrator. Approval will be indicated by the Community Development Coordinator's signing and dating the survey drawing and issuing a Lot Split Approval Certificate in accordance with Sections 1167.05 and 1167.06. The Licking County Recorder will not accept for recording a plat for lands split or subdivided within the Village of Hebron unless a Lot Split Approval Certificate is filed. (Ord. 19-20. Passed 11-4-20.)
1173.05 EXEMPTED LOT SPLIT.
When a lot is proposed to be enlarged by the purchase of an additional parcel of adjoining land between adjoining lot owners, or divided into smaller parcels between adjoining lot owners, and the proposed new parcel(s) does not meet the lot requirements for the district in which it is located, but such addition or division will not create an additional building site and does not involve the opening, widening, or extension of any street, road, or easement, the addition or division will be considered an Exempted Lot Split. An Exempted Lot Split shall be allowed only in accordance with this chapter. (Ord. 19-20. Passed 11-4-20.)
1173.06 EXEMPTED LOT SPLIT APPLICATION.
Applications for Exempted Lot Splits shall be submitted to the Community Development Coordinator. Upon initial Exempted Lot Split application, the Community Development Coordinator shall make a determination of the completeness of the application as it complies with this section. The Community Development Coordinator shall have the right to reject an Exempted Lot Split Application that is determined to be incomplete. An application shall be considered officially submitted and filed when the Community Development Coordinator finds that all of the following have been provided:
(a) An Exempted Lot Split application on forms prescribed by the Planning and Zoning Department and the applicable filing fees.
(b) Three (3) copies of a survey prepared by a surveyor registered in the State of Ohio containing the following:
(1) The establishment of property corners by iron pins, corner posts, or other acceptable monuments.
(2) The original adjacent properties and the parcel to be conveyed including dimensions, property size, and ownership.
(3) The location of all buildings on the properties.
(4) The location of all streams on or within one hundred (100) feet of the lot(s).
(5) The location and dimensions of all easements on or within twenty (20) feet of the lot(s).
(c) Three (3) copies of the legal description of the proposed lot(s).
(d) Other information that may be required by the Community Development Coordinator or Planning and Zoning Board, including but not limited to review by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1173.07 APPROVAL OF EXEMPTED LOT SPLIT.
Provided that all requirements of these regulations are met, Exempted Lot Splits may be approved by the Community Development Coordinator after review by the Planning and Zoning Board and the Village Administrator. Approval will be indicated by the Community Development Coordinator's signing and dating the survey drawing and issuing a Lot Split Approval Certificate in accordance with Sections 1167.05 and 1167.06. The Licking County Recorder will not accept for recording a plat for lands split or subdivided within the Village of Hebron unless a Lot Split Approval Certificate is filed.
(Ord. 19-20. Passed 11-4-20.)
1175.01 MAJOR SUBDIVISION CRITERIA.
A Major Subdivision is the creation of more than (3) lots, including the remainder from the original parcel, and/or the creation or extension of a Village street, easement of access, or public utilities. Major Subdivisions shall be approved in accordance with this chapter.
(Ord. 19-20. Passed 11-4-20.)
1175.02 CONCEPT PLAN REQUIRED.
(a) Pre-Application Conference. The purpose of the Pre-Application Conference is to provide the subdivider with feedback from Village staff thereby allowing the subdivider to evaluate a proposed Major Subdivision at an early stage in the process prior to formal application. Those who intend to develop a Major Subdivision shall meet with Village staff prior to application to provide a clear understanding of the Major Subdivision requirements and process.
(b) Concept Plan Contents. Subdividers attending a Pre-Application Conference should prepare a Concept Plan, legibly drawn at a 1 inch = 100 feet scale, containing the following information:
(1) The drawing will include a view of the entire tract, proposed streets, proposed lots, proposed uses, and approximate dimensions.
(2) The proposed Major Subdivision shall be shown in relation to existing community facilities, showing all existing streets, adjoining properties in all directions, thoroughfares, and other transportation modes, shopping centers, manufacturing facilities, residential developments and existing natural and manmade features such as soil types, vegetation, contours, easement and utilities in the neighboring areas.
(3) The layout of streets, right-of-way and pavement widths, size of lots, and any non-residential sites such as commercial, manufacturing, institutional or recreational uses within the proposed Major Subdivision.
(4) The location of all utilities in the proposed Major Subdivision if already in place, or the locations of the nearest public facilities for the supply of water, and the disposal of wastewater and storm water.
(5) Existing local zoning, including zoning setbacks and lot size requirements, and any proposed deviations from the requirements of these regulations or the Hebron Planning and Zoning Code.
(6) The scale and title of the Major Subdivision, a north arrow, and the date the plan was prepared.
(7) Name, address and contact information of the property owner , engineer or surveyor, and the subdivider.
(c) Concept Plan Review. Within thirty (30) days of receipt, the Concept Plan will be reviewed by the Community Development Coordinator and Village Engineer, with input from the Technical Review Group as desired, at the Pre-Application Conference. After the Pre-Application Conference, the Community Development Coordinator will prepare a brief letter to the subdivider addressing any issues and areas of concern that should be examined during the preparation of the Preliminary and Final Site Plans.
This letter in no way constitutes final approval of the proposed Major Subdivision, but rather a recommendation for the subdivider to move forward to the application phase. The Community Development Coordinator shall have the discretion to waive the requirement for a Concept Plan under this section, depending on the anticipated preparedness of the subdivider.
(Ord. 19-20. Passed 11-4-20.)
1175.03 PRELIMINARY SITE PLAN REQUIRED.
The purpose of the Preliminary Site Plan is to provide the Planning and Zoning Board with sufficiently detailed information to evaluate a proposed Major Subdivision. The Preliminary Site Plan should show all of the information needed to enable the Planning and Zoning Board to determine whether the proposed layout meets the standards and requirements of these regulations, and whether the proposed development concept, under the zoning classification and proposed public improvements and utilities, is in harmony with the Village's land use objectives and priorities. The Preliminary Site Plan shall be prepared by an Ohio registered Engineer or Surveyor and adhere to the content requirements provided in Section 1109.05 of the Hebron Planning and Zoning Code. The Community Development Coordinator may, within his/her discretion, also require completion of a Subdivider's Agreement at this stage.
(Ord. 19-20. Passed 11-4-20.)
1175.04 FINAL SITE PLAN REQUIRED.
The subdivider, after having received approval of the Preliminary Site Plan, shall submit a Final Site Plan for the proposed Major Subdivision. The Final Site Plan shall be prepared by an Ohio registered Engineer or Surveyor and adhere to the content requirements provided in Section 1109.06 of the Hebron Planning and Zoning Code. The Final Site Plan shall have incorporated all changes recommended during review of the Preliminary Site Plan, as required by the Planning and Zoning Board and all other applicable departments.
(Ord. 19-20. Passed 11-4-20.)
1175.05 SITE PLAN APPROVAL PROCESS.
Review and approval of Preliminary and Final Site Development Plans for proposed Major Subdivisions shall adhere to Section 1109.04 of the Hebron Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1175.06 SUBMISSION TO STATE TRANSPORTATION DIRECTOR.
Before any plat or Site Plan is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Director of Transportation of any land within a radius of 500 feet from the point of intersection of center line with any public road or highway, the Planning and Zoning Board shall give notice, by registered or certified mail, to the Director. The Planning and Zoning Board shall not approve the plan for 120 days from the date the notice is received by the Director. If the Director notifies the Planning and Zoning Board that he shall proceed to acquire the land needed, then the Planning and Zoning Board may refuse to approve the plan, according to provisions of Revised Code Chapter 5511. At the request of the subdivider, the Planning and Zoning Board may give tentative approval and allow the subdivider to proceed with completion of his plan. However, it shall be clear that tentative approval will be withdrawn if the Director of the Department of Transportation proceeds to acquire the land. If the Director notifies the Planning and Zoning Board that acquisition at this time is not in the public interest, or upon the expiration of the time is not in the public interest, or upon the expiration of the 120-day period or any written extension thereof agreed upon by the Director and the property owner, the Planning and Zoning Board shall, if the plan is in conformance with all provisions of these regulations, approve the plan. (Ord. 19-20. Passed 11-4-20.)
1175.07 CONSTRUCTION PLAN REQUIRED.
(a) Purpose. Construction Plans are intended to insure ample provisions for the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development. They are intended to further the purpose of the Construction and Subdivision Regulations and provisions of the Hebron Zoning Ordinance.
(b) Applicability. A Construction Plan is required and will be submitted for the following:
(1) Any use or development, involving new construction, reconstruction or expansion, in all zoning districts except single family detached dwelling units, duplexes, or unattached accessory buildings in residential districts.
(2) Any development in which automobile parking spaces are to be used by more than one (1) establishment.
(3) When a change is proposed in the exterior elements of a previously approved construction development plan.
(4) When an existing residential use is proposed for change to a commercial, industrial, or multi-family residential use.
(5) All public and/or semi-public buildings and institutions.
(6) Any Major Subdivision which will include a new Village or private street or road.
(7) Any PUD.
(8) Any use or development requiring the extension or installation of municipal utilities. (Ord. 19-20. Passed 11-4-20.)
1175.08 CONSTRUCTION PLAN CONTENTS.
(a) General Requirements, Submittal, and Review. Construction Plans will be prepared, signed and sealed by a registered professional engineer. Construction Plans for Major Subdivisions shall be submitted simultaneously with the final plat in accordance with the time frames included under Section 1175.11. Time frames for submittal and review of all other Construction Plans shall occur prior to the commencement of any construction and in conformance with policy established by the Community Development Coordinator. Construction Plans shall be approved by all Village officials as determined necessary by the Community Development Coordinator and Planning and Zoning Board, with input from the Technical Review Group as necessary. As applicable, the Construction Plan shall include the following:
(b) Items Common To All Plans.
(1) The Construction Plan will be made on matte mylar material. Freehand linear drawings will not be accepted. Shading or coloring will not be accepted. All Construction Plans must be clearly drawn and legible.
(2) The sheet upon which the Construction Plan is made will measure 24" x 36", with 1/2" margin border on three sides and 1 1/2" to 2" binding margins on the short left side.
(3) North arrow, horizontal scale, and vertical scale (engineering scales only).
(4) Engineering design firm name, address, and telephone number.
(5) Phasing lines (or future phasing lines) with description.
(6) Proposed and existing rights-of-way and easements.
(7) Distinct separation between proposed and existing elements of the plan.
(8) The centerline and edges of the pavement of all abutting streets.
(9) Location map with street names, municipal corporate boundaries, and construction boundaries.
(10) Identification of adjacent parcels, property lines, and property owners.
(11) Building and parking setbacks and no build zones.
(12) Date block showing all revision dates.
(c) Cover Sheet.
(1) Project name, address, road or street names, county, and location map.
(2) Index of sheets and benchmark list (referenced to USGS datum).
(3) Index map at a "one inch = 200 feet" scale showing adjoining properties, owners, streets, bearing and distance of the project boundaries, and general construction layout.
(4) Summary of quantities containing at a minimum water services length and size within right-of-way and public easements, sidewalks and bike paths, driveway pavement, street trees, sanitary services length and size.
(5) Signature lines for the Mayor, Village Administrator, Village Engineer, Fire Chief, and Community Development Coordinator. This signature block is in addition to the required approval block on the final plat.
(d) Site Dimension Plan.
(1) The names and locations of all adjoining property owners and adjacent subdivisions.
(2) Each lot will have the elevation above sea level noted for the first floor of a future primary structure or structures.
(3) The location and dimensions of all boundary lines of the property expressed in feet and decimals of a foot, and the acreage of the land to be subdivided.
(4) The location, width, names, classification of all existing streets and their rights-of- ways. The location, width, names, classification of, and construction details of all proposed streets and their rights-of-ways. Data to include:
A. Right-of-way line, centerline, departing lot lines, lot numbers, subdivision limits. and limits of construction.
B. Centerline curve data, including delta, radius, arc, chord, cord bearings, tangent, and central angle.
C. Radius of all curb returns to face of curb.
D. Approved street name.
E. Stations at every 100 feet on centerline. Indicate stations at points of curve and tangent at the beginning and end of all returns at centerline intersection and at subdivision or section limits.
F. The back of curb for full length of all streets.
G. When proposed streets intersect with or join existing streets or traveled way indicate both edges of existing pavement, surface, or curb and gutter for minimum of 100 feet, or the length of connection, whichever is the greater distance.
H. Guard posts or barricade at the end of streets which are to be extended in the future. A temporary T-turnaround will be provided for dead end streets exceeding 200 feet in length.
I. Protection of ends of curb and gutter by providing for erosion control and temporary drainage where required.
J. Symmetrical transition of pavement at intersection with existing street.
(5) The locations, dimensions of, and the designated use of all easements for public utilities, streams, surface drainage, and other uses.
(6) Location of setback lines from all rights-of-way, public or private, and the building envelope shown on all irregular lots.
(7) Accurate location of all required monuments.
(8) Lots within the subdivision including future additions will be numbered consecutively beginning with "one" (1), and the total number of lots and their combined acreage shown on the plat.
(9) Location and construction details of all existing and proposed paved surfaces including; curbs, landscape islands, parking spaces, drive aisles, driveways and radii, sidewalks and bike paths.
(10) Disability access and parking.
(11) Impermeable surface area.
(12) Profile view on construction plans must include the following:
A. Elevations at beginning and end of all vertical curves.
B. Length of vertical curves with elevations and stations of vertical points of intersections (VPI).
C. Elevations computed every fifty (50) feet on all tangent sections, and grades computed every twenty-five (25) feet in all vertical curves.
D. Elevations along all curbs and curb returns on intersecting streets. Lee grades of intersecting streets will match at the intersection of the extensions of the respective curbs.
E. Elevations at all curb inlets.
F. Extension of centerline profile 300 feet beyond property line or boundary of all streets that provide for access to adjoining property.
G. Existing centerline profiles for 200 feet minimum distance to insure proper grade tie, when proposed street is an extension of, or connects with an existing street or road.
H. Centerline profile of existing street or road 300 feet minimum distance to right and left of proposed connection, when a proposed street intersects with an existing street or road.
I. Notes that may be necessary to explain the intent and purposes of the profile.
(13) Typical cross-section of parking lot pavement, sidewalks, and curbs.
(e) Utility Plan.
(1) The locations, dimensions of, and the designated use of all easements for public utilities, streams or water courses, surface drainage, and other uses.
(2) Location, size, and illustration of existing and proposed public utilities including culverts, drainage tiles, gas lines, CATV, utility poles, street lighting and utility lines within and adjacent to the proposed subdivision, including the following:
A. All water mains, their sizes, type of material, valves, and fire hydrants, and location of mains to centerline of street.
B. All sanitary sewers and appurtenances, their type and material. Identify sanitary sewer appurtenance by type. All appurtenances will be numbered.
C. All storm sewers and appurtenances, their type and material. Identify storm sewer appurtenances by type. All appurtenances will be numbered. Indicate the top elevation of each structure. Storm sewer appurtenances and locations should be referenced to the centerline station of street.
(3) Locations of the planned extensions of and, connections to, the public water lines, sanitary sewer systems, and surface water drainage system. All types, sizes, and materials will be noted.
(4) Size, slope, and type of proposed and existing utility services and mains.
(5) Invert and tap elevations of sanitary services.
(6) All backfill material and compaction noted.
(7) Proposed pad and finished floor elevations.
(8) Provisions to comply with the Village's Pretreatment Program.
(9) Tributary areas maps for sanitary and storm facilities.
(f) Construction Grading Plan.
(1) The location of existing water bodies, streams, drainage ditches, stands of trees and trees with a caliper more than six (6) inches in diameter, and other pertinent features within the proposed subdivision. Topography will have a contour interval of one (1) foot. Elevations will be based on a mean sea level datum obtained from benchmarks established by the United States Geological Survey. Existing contours hatched or dashed.
(2) Proposed stream or channel relocations. Show existing and proposed locations. Furnish detailed typical section and type of stabilization to be provided.
(3) The 100-year flood plain of any stream identified as having a flood hazard area. The elevation of the portion of the 100-year flood plain which is nearest to the subdivision will be noted.
(4) The elevation above sea level noted for the proposed pad and first floor elevations of a future primary structure or structures will be noted for each lot.
(5) Delineation of the drainage areas involved, with the provisions made for draining the total upstream watershed through the development and the provisions made for adequate drainage, flow control, retention, and detention for the disposition of storm and nature waters as outlined in The Mid-Ohio Regional Planning Commission Storm Water Design Manual.
(6) The location of any natural springs, whether within or draining to street right- of-way and indicate proposed treatment of same. All springs will be capped and piped in a minimum 6-inch diameter perforated pipe encased in washed gravel and connected into the nearest storm manhole or curb inlet.
(7) The tributary drainage area and design flow for all major culverts.
(8) Proposed elevations.
(9) Benchmark elevations, designations and locations.
(10) Storm sewer and sanitary sewer top of casting and invert elevations.
(11) Proposed landscape mounding contours.
(12) Major flood routing.
(13) Ponding limits, elevation, and provisions to retain surface water run-off.
(14) Ditch direction of flow and slope.
(15) Size, type, and slope of existing and proposed storm sewers.
(16) Ponding tabulations.
(17) Orifice plate details.
(18) Critical year storm.
(19) Driveway slope(s) from building lines to right-of-way lines (not to exceed ten percent (10%)).
(20) Head wall standards identification.
(21) Cross-sections of ditches in right-of-way (at fifty (50) foot spacings).
(g) Construction Erosion and Sedimentation Plan.
(1) Inlet protection locations, silt fence locations, and ditch check locations.
(2) Erosion control standards details.
(3) Construction entrance location and detail.
(4) Tree preservation and location of all trees.
(5) Major flood routing.
(h) Structure Elevation Plan.
(1) Building elevations depicting actual composition and architectural style for all proposed structures.
(2) Number of floors, floor area, height and location of each building, and proposed general use for each building.
(3) In a multi-family residential building, the number, size, and type of dwelling units will be shown.
(4) Exterior lighting, showing location, size, and height of all lights including provisions for the elimination of glare to adjoining properties.
(j) Exterior Lighting and Street Lighting Plan.
(1) The location, height, wattage, and projected area of illumination of each exterior light fixture, parking lot illumination fixture, and street lighting fixture will be shown.
(Ord. 19-20. Passed 11-4-20.)
1175.09 FINAL PLAT REQUIRED.
After receiving approval of a Final Site Plan, the subdivider may proceed to the Final Plat and Construction Plan review stage. The purpose of a Final Plat is to ensure that all conditions, engineering plans, and other requirements have been completed or fulfilled and that required improvements have been installed, or guarantees properly posted for their completion, prior to recording the Final Plat of the subdivision.
Final Plats will be subsequent to and substantially in conformance with a previously approved Final Site Plan, or Final Site Plan with conditions as approved by the Planning and Zoning Board, on approval of the Village Engineer and subject to any conditions set by the Village Engineer. A Final Plat application must be filed no later than twelve (12) months after approval of the Final Site Plan, unless an extension has been granted pursuant to Section 1109.04 of the Planning and Zoning Code.
All Final Plats and Construction Plans for Major Subdivisions will be reviewed by the Planning and Zoning Board, Village Engineer, Community Development Coordinator, and Village Council. Final approval or disapproval will be by a recommendation by the Planning and Zoning Board and a vote by Village Council.
Applications for Final Plats shall include the following:
(a) Application form provided by the Village.
(b) Three (3) copies of the completed Final Site Plans.
(c) Three (3) copies of the Final Plat drawing.
(d) One (1) reduced size (8 ½ x 11 inches) copy of the Final Plat.
(e) Three (3) copies of the Construction Plan and any related easement descriptions.
(f) Three (3) copies of the Subdivider's Agreement, if applicable.
(g) Three (3) copies of all specified data and materials result from the Preliminary Site Plan review stage, or such other data as may be required by the Community Development Coordinator and Village Engineer.
(h) Proposed deed restrictions and covenants.
(i) Applicable fees, charges, and expenses as set by Village Council.
(Ord. 19-20. Passed 11-4-20.)
1175.10 FINAL PLAT CONTENTS.
The Final Plat shall be legibly drawn in waterproof ink, on tracing mylar or other approved material of equal permanence. It shall be drawn at a scale no less than 100 feet to the inch, and shall be one (1) or more sheets 18 X 24 inches in size. If more than one (1) sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. The Final Plat may be submitted in phases or sections of development, or in its entirety, provided that the Final Plat meets all other requirements of this Chapter.
The Final Plat shall include all information as outlined in Section 1109.06 of the Planning and Zoning Code for Final Site Plans, for the particular phase or section that is being submitted for review and approval. The Village Engineer, Community Development Coordinator, and any other Village officials, may require additional information as necessary for the review and approval of the Final Plat. This additional information includes, but is not limited to, the following:
(a) The name of the subdivision, north arrow, scale, and date.
(b) The names of all adjoining property owners and/or subdivisions as shown on record property records.
(c) The boundary lines of the area being subdivided with accurate distance and bearings including section, range, corporation, township, county, and other survey lines.
(d) Accurate locations and dimensions for all lots and reserve parcels with the acreage noted for each.
(e) Location of setback lines from all rights-of-way, public or private, and the building envelope shown on all irregular lots.
(f) Accurate locations and dimensions for all rights-of-way and all utility, water course, drainage, and other easements.
(g) Approved street names, their locations, and street curve data including the radii, arcs, chords, chord bearings, tangent and central angle.
(h) Each major subdivision will have at least one (1) permanent reference survey & elevation monument installed.
(i) Certification by a registered surveyor that the information contained on the Final Plat is true and correct and conforms to the requirements of these Subdivision Regulations.
(j) A signature approval block for the Mayor, Village Administrator, Village Engineer, Fire Chief, and Community Development Coordinator. The following language is required under the approval block: "The signatures above signify only concurrence with the general purposes and general location of this project. All technical details remain the responsibility of the Engineer preparing the plans.
(Ord. 19-20. Passed 11-4-20.)
1175.11 FINAL PLAT AND CONSTRUCTION PLAN REVIEW AND APPROVAL.
The following procedures shall be used to secure review and approval of Final Plats and Construction Plans.
(a) The Final Plat and Construction Plan, together with an application and application fee, shall be filed with the Community Development Coordinator. Copies of each will be forwarded to the Village Engineer, Village Administrator, and Fire Chief for review.
(b) Within thirty (30) days of submission, unless further time is necessary due to extenuating circumstances as noted in written correspondence from the Community Development Coordinator to the subdivider, the Village Engineer, Village Administrator, and Community Development Coordinator shall conduct their review of the application. When satisfied that all requirements of these regulations and all other applicable regulations of the Village of Hebron have been met, each of the aforementioned shall sign the mylar of the Final Plat and Construction Plan drawings. The Community Development Coordinator shall forward the signed application to the Planning and Zoning Board and include it on the agenda of an upcoming Planning and Zoning Board meeting.
(c) Within thirty (30) days of receiving the application, unless an extension is approved by a majority vote of the Planning and Zoning Board, the Planning and Zoning Board shall review the application at a public meeting and make a recommendation for action to Village Council. At least ten (10) days' advance notice of the meeting shall be given to the applicant and all contiguous property owners. The Planning and Zoning Board shall review the Final Plat and Construction Plan and make one (1) of the following recommendations to Village Council: (1) Approve; (2) Approve with Conditions; or (3) Disapprove. The complete application, together with a letter containing the Board's recommendation, shall be immediately forwarded to Village Council for consideration at a regularly scheduled meeting.
(d) Within forty-five (45) days of receiving the application, the Village Council shall review the application at a public meeting. At least ten (10) days' advance notice of the meeting shall be given to the applicant and all contiguous property owners.
(e) Prior to final action by Village Council, any bonds, deposits, or insurance policies required for the project will be presented to the Hebron Fiscal Officer and Village Solicitor. At the Village Council meeting, the Village Solicitor will affirm to the Council whether or not all required bonds and securities are in order. Failure to have proffered the required bonds, deposits, or insurance policies may cause Council to continue and delay consideration of the application until all such items are in order.
(f) At the public meeting, the Village Council shall review the application. Within thirty (30) days of its review, Council shall, upon the concurrence of at least a majority of the members elected to Council, take the following action with respect to the Board's recommendation: (1) Approve; (2) Approve with Conditions; or (3) Disapprove. If Council approves the Final Plat, the Village Solicitor will be instructed to draft an ordinance accepting the Final Plat. If Council disapproves the Final Plat, written notice will be made by the Fiscal Officer to the subdivider. All bonds and securities will be returned to the subdivider.
(g) Final approval shall be designated by the written signature of the Mayor on the Final Plat. As applicable, within ten (10) days of final approval, the Community Development Coordinator will issue a Zoning Certificate for the Major Subdivision. All deed, survey drawings, and any required bonds shall be posted and the Final Plat recorded within six (6) months from the date of approval, or the Final Plat will be null and void. For good cause, this time for recording may be extended by Village Council. (Ord. 19-20. Passed 11-4-20.)
1175.12 RECORDING OF FINAL PLAT.
No plat of any subdivision shall be recorded by the County Recorder of Licking County or have any validity until said plat has received final written approval and signed in the manner prescribed in these regulations.
(Ord. 19-20. Passed 11-4-20.)
1175.13 REQUIRED STATEMENTS.
The following statement shall be affixed on all Village of Hebron subdivision plats:
Situated in the Village of Hebron, Licking County, Ohio, containing __________ acres and being the same tract as conveyed to __________ and described in the deed recorded in Deed Book __________, Licking County, Ohio.
The undersigned __________ hereby certify that the attached plat correctly represents their __________, a subdivision of lots __________ to __________, inclusive, and do hereby accept this plat of same and dedicate to public (private) use as such all or parts of the roads, boulevards, cul-de-sacs, parks, planting strips, etc., shown herein and not heretofore dedicated.
The undersigned further agrees that any use of improvements made of this land shall be in conformity with all existing valid zoning, platting, health, or other lawful rules and regulations including the applicable off-street parking and loading requirements of the Village of Hebron, Ohio, for the benefit of himself/herself and all others and subsequent owners or assigns taking title from, under, or through the undersigned.
In Witness thereof __________ day of _______, 20___.
Witness ____________________ Signed
We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct.
By _____________________
STATE OF OHIO
VILLAGE OF HEBRON
Before me a Notary Public in and for said Village personally came ___________________ who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the purposes therein expressed.
In witness whereof I have hereunto set my hand and affixed my official seal this __________ day of _______, 20___.
By _____________________
(Ord. 19-20. Passed 11-4-20.)
1175.14 AS-BUILT PLANS REQUIRED.
Upon completion of the subdivision the developer will submit "as-built plans." As-built plans will show the completed locations and types of utilities as they were extended or installed. As-built plans shall be submitted to the Community Development Coordinator in mylar form no later than ninety (90) days after the project's completion.
(Ord. 19-20. Passed 11-4-20.)
1177.01 GENERAL REQUIREMENTS.
Before any applicable approval permit is issued for any construction plan, site plan, or plat that will involve the construction or installation of streets, utilities, or other infrastructure that is intended to be dedicated to the Village of Hebron, the Village Administrator, Village Engineer, Community Development Coordinator, and/or the Planning and Zoning Board will specify the required bonds, deposits and insurance policies that will be provided by the developer or subdivider. Such bonds, deposits and insurance policies will be of sufficient value to assure a timely and adequate completion of the portion or related portions of the project that are intended to be dedicated to the Village of Hebron. Said financial instrument will be presented to the Fiscal Officer. The Community Development Coordinator will provide copies of the bonds, deposits and insurance policies to the Board, Council and Village Solicitor before final approval of the project.
(Ord. 19-20. Passed 11-4-20.)
1177.02 BONDING REQUIREMENTS.
All performance bonds or other acceptable security required under this Chapter shall be in one of the following forms:
(a) Cash Security. The subdivider may deposit a cash security with a local bank in the amount of one hundred percent (100%) of the estimated cost of the improvements (storm sewers, sanitary sewers, water lines, pavements, landscaping, sidewalks, etc.). Said security will be in favor of the Village of Hebron who will have sole control of disbursement. The local bank will be directed to pay out portions of the cash security toward the completion of said improvements to the subdivider only with the approval of the Village Engineer, who will require a balance to be maintained which in his opinion is sufficient to complete said improvements in accordance with the plans and specifications of the Village, and will authorize the release of any balance to the subdivider only upon acceptance of said improvements by Council.
The Utilities Superintendent, Community Development Coordinator and the Village Engineer, in consultation with the subdivider, will establish a time period for the completion of required improvements. In the event said improvements are not constructed within the designated time period and not maintained, the Village will have the option, after thirty (30) days' written notice to the subdivider, to complete and maintain said improvements and to collect and receive, from the local or other bank, any remaining balance of said deposit to be applied toward payment of costs and expenses of completing said improvements.
(b) Corporate Surety Bond. The subdivider may furnish a corporate surety bond in the principal amount of the estimated cost of said improvements with surety to the satisfaction of the Mayor and Council, in such a form approved by the Law Director, guaranteeing completion and maintenance of said improvements according to plans, profiles and specifications and to the satisfaction of the Village Engineer. Said bond will provide that, upon default of performance by the subdivider, the Village may complete the same after thirty (30) days' written notice.
(Ord. 19-20. Passed 11-4-20.)
1177.03 RESTORATION BOND.
In addition to the required performance bond, the Village Engineer may require a restoration bond. Said bond will be to insure repair of any damage done to existing curb, gutter, sidewalk, driveways, street pavement, landscaping, or other items within the right-of-way adjacent to a subdivision, and damages as a result of a poorly executed erosion and sedimentation control plan. The amount of said bond will be as determined by the Village Engineer based on his estimate of potential damage. Restoration bonds will be released when all damaged facilities, if applicable, have been restored to the satisfaction of the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1177.04 RELEASE OF BONDS OR SECURITIES.
Bonds, deposits, or insurance policies required for the project under this Chapter by the Village Engineer, Planning and Zoning Board, and/or Community Development Coordinator will be released within thirty (30) days after all final inspections have been completed, all public improvements and related aspects of the project have been approved by the Village of Hebron, all fees have been paid, and any dedication proceeding has been completed.
(Ord. 19-20. Passed 11-4-20.)
1177.05 INDEMNITY INSURANCE.
A policy of indemnity insurance in the amount of five hundred thousand dollars/one million dollars ($500,000/$1,000,000) personal liability and one million dollars ($1,000,000) property damage protecting the Village against any claims for damage to person or property resulting from or by reason of the construction of any project regulated under this Chapter will be furnished to the Village and maintained in full force and effect by the subdivider until all improvements are completed and maintained to the satisfaction of the Village Council.
(Ord. 19-20. Passed 11-4-20.)
1179.01 GENERAL REQUIREMENTS.
These regulations will ensure the design and construction of convenient, safe, and efficient roadways. The arrangement and character of all streets will conform to the following;
(a) Access Points - Corner Blend Radius. The corner blend radii, at intersection points of newly constructed streets, renovated streets, or of private access roads intersecting with Village streets, will allow the types of vehicles that are expected to use the intersection, at present or in the future, to make a right turn without projecting into an oncoming lane or center turn lane.
(b) Access Points - Driveways. Driveway aprons six (6) inches thick will be provided from the sidewalk to the curb at all driveway locations. The maximum grade on driveways will not exceed fourteen (14) percent. The Sidewalk will be six (6) inches thick at crossing areas. Where applicable, the Village Street Superintendent will approve the culvert size and material.
(c) Access Points - Intersections. Proposed streets will intersect each other as nearly at right angles as topography and other limiting factors of a good design permit, and in conformance with the sight distance requirements of the Hebron Zoning Ordinance. Where dictated by the traffic flow generated by a development or the anticipated future traffic flow, the addition of turn lanes to affected or newly created intersections may be required.
(d) Access Points - Number of. A development may be required to have at least two (2) accesses or future reserves to create at least a second access.
(e) Access Points - Private, Right Turn Only, Width. Where appropriate to maintain traffic flow and where it is in the best interest of the health, safety, and welfare of the public the Board may require the accessing traffic from a private road, lane or parking lot to a Village street be allowed a right turn only. Such design provisions may be by a center divider in the Village street or such curbing at the access point to permit right turns only. Except for allowances for curb blend radii at the access point to a Village street, private commercial access drives will not exceed twenty- eight (28) feet curb face to curb face or non-curbed pavement width. The maximum residential width will be twenty-five (25) feet.
(f) Access Points - Spacing. The location of access points will be located so as to promote the health, safety, and welfare of the access user and of the general public. Spacing of access points on major, industrial, or collector streets will be so as not to hinder the present or future flow of traffic at reasonable speeds. The Licking County Thoroughfare Plan will be used as a guideline to approve the proposed location of new access points onto Village streets.
(g) Bicycle Lanes / Paths. Due to the increased use of bicycles as recreation, the inclusion of bicycle lanes in certain Village streets, may be recommended by the Board or the Village Engineer. Separate bicycle paths may also be recommended.
(h) Block Length. Minimum block length will be three hundred-ten (310) feet. In excess to be approved by the Village Engineer.
(i) Conformance. Developments being reviewed will be in conformance with these regulations and other regulations and/or plans adopted by other government agencies.
(j) Dead End Streets. A temporary turnaround area, significantly large enough for use by all types of vehicles normally expected to use the street, will be provided at the end of a stubbed street. The surface will be approved by the Village Engineer and Community Development Coordinator. The developer will provide a guardrail and appropriate reflector at the end of a stub street. If, because of an approved change of an approved development the planned extension of a Village street is eliminated or the street will terminate at a private property line, an appropriate cul-de-sac will be added to the street stub.
(k) Design - Integration. All streets will be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the local and/or county comprehensive plans and the thoroughfare plans. Streets carrying commercial traffic, especially truck traffic, should not normally be extended to the boundaries of existing or potential adjacent residential areas, or connected to streets intended for predominantly residential traffic.
(l) Existing Streets - Connect to. As required by the Board, or recommended by the Village Engineer, the proposed street system of the tract to be subdivided will be extended to connect to any existing access reserve, street stub, or street extension on adjacent parcels or subdivisions at the point where the improved, dedicated roadway is found. (Ref. N Extension)
(m) Existing Streets - Improvement. Do to the quality and uniqueness of certain existing village streets their improvement may be required if they are to be used as an access to a new subdivision or development. This may include, but not limited to widening, the addition of turn lanes, or the addition of traffic signals to existing Village streets that will encounter increase traffic flow due to the new development.
(n) Extension. As required by the Board, or recommended by the Village Engineer, the proposed streets of the tract to be subdivided will be extended as either a street extension or a street stub, and in such a manner as to allow future extension and access to any adjacent developable property unless, in the opinion of the Planning and Zoning Board or Village Engineer, such extension is not desirable for the coordination of the layout of the subdivision or most advantageous to future development of adjacent tracts. Where possible, these extended rights-of-way will line up with the adjoining developable properties in such a way as to allow appropriate and feasible future development, i.e., it should not run into a large rock outcrop, and in most cases, not end at the corner but rather the middle of the adjoining lot so the future street can be double-loaded. (Ref (j) Dead End Streets)
(o) Lane Width. All lane widths will be twelve (12) feet.
(q) Names. The Hebron Village Council will approve all street names.
(r) Parking. The street widths noted in the "street specification table" do not include allowance for parking in commercial and multi-family areas. All developments will provide paved off street parking for commercial, multi-family, recreational, and multi-user areas. (Ref. NFPA 1141-7-3-1.6)
(s) Sidewalks - Extension of Existing. The Planning and Zoning Board may require extension of the existing sidewalk system so as to connect with a proposed new sidewalk system. (Ref. 1179.13 Sidewalks)
(t) Signage. The developer will be required to provide such signage or signaling as required by the Village or by ODOT standards.
(u) Sizing of New Streets. Proposed streets will be constructed to a size and specification that will handle projected future extensions or traffic flows. Calculations for the developable adjacent tracts should be made with densities equal to the proposed site unless otherwise instructed by the Board.
(v) Standards - Construction. May be purchased at the Hebron Village Hall.
(w) Standards - ODOT. All proposed new construction of, or alteration of existing highways, streets, thoroughfares, or bridges that are or may be State Routes will conform to ODOT design standards unless a more stringent Hebron design standard is called for in the Hebron Construction Standards or by recommendation of the Village Engineer. Notification will be made to ODOT of all proposed construction on the right-of-way of a state route.
(x) Topography - Floodplain. All streets will be platted with appropriate regard for topography, streams, wooded areas, soils and geologic constraints, and other natural features in order to create desirable building sites and to preserve and enhance natural attractiveness. Road site design should also permit an efficient drainage and utility systems layout while providing safe and convenient access to property.
Approval will not be given for streets within a subdivision which would be subject to flooding. All street surfaces must be located one-and-one-half (1 ½ ) or more feet above the one-hundred (100) year flood elevation.
(y) Traffic Studies. The Board or Village Engineer may require traffic studies before approving new streets or access points. Unless specified, all traffic studies will be to ODOT standards.
(aa) Utilities. Where possible all electric, phone, CATV, and other wire born utilities will be underground. If necessary to install wire born utilities above ground, they will be located along rear setback lines.
(Ord. 19-20. Passed 11-4-20.)
1179.02 HEBRON THOROUGHFARE PLAN.
The Village of Hebron has adopted the Licking County Thoroughfare Plan as a guideline for street type designation and design. The following Village streets are identified in that plan or by the Village of Hebron as:
Restricted Access Highway That portion of Hebron Road(State Route 79) which has been improved to a four (4) lane divided highway
Major Arterial Hebron Road (State Route 79)
Major Collector Main Street, East and West (U.S. Route 40)
Collector Arrowhead Drive, Canal Road, Canyon Road, Cumberland Street (East and West), Enterprise Drive (West), High Street (North and South), Lakewood Drive, Ninth Street, Refugee Road, West O'Neill Drive
Industrial Street Capital Drive, John Alford Parkway, Reliance Drive
Residential Streets All other Village streets unless so changed or designated by the Planning and Zoning Board. All new residential streets.
Residential Cul-de-sac Residential streets terminating in a vehicular turnaround (bulb).
Alleys Existing platted alleys. Not permitted for new construction
Proposed streets will be constructed to a size and specification that will handle projected future extensions or traffic flows. Calculations for the developable adjacent tracts should be made with densities equal to the proposed site unless otherwise instructed by the Board.
(Ord. 19-20. Passed 11-4-20.)
1179.03 STREET SPECIFICATION REFERENCE TABLE.
STREET TYPE | RIGHT-OF- WAY WIDTH | PAVEMENT WIDTH CURB FACE TO CURB FACE | PAVEMENT WIDTH NO CURBS | LANES |
Restricted Access Highway - ODOT Std's | 200 feet | N/A | 38 feet + 38 feet + Berms ODOT Std | 4 plus all turn lanes |
Major Arterial - 1179.04 | 120 feet | 68 feet | 64 feet + Berms | 5 plus right turn lanes |
Major Collector - 1179.05 | 80 feet | 44 feet | 44 feet + Berms | 3 plus right turn lanes |
Collector - 1179.06 | 70 feet | 40 feet | N/A | 3 |
Industrial Street - 1179.07 | 60 feet | 32 feet | 28 feet + Berms | 2 |
Residential Street - 1179.08 | 60 feet | 32 feet | N/A | 2 |
Residential Cul-de- sac -1179.09 | 50 Feet | 26 feet | N/A | 2 |
Alley | As platted - New construction not permitted. | N/A | 10 feet | 1 |
1. Turn lanes may be applicable for any type street at junctions with Major Arterial or Major Collector Streets.
2. Sidewalks, curbs, and gutters are required in General Commercial, Neighborhood Commercial, and all Residential areas.
3. Utility easements may be required in addition to designated right-of-way.
4. The above table is for new construction. This table and current Village Construction Standards are to be used as guidelines when renovating existing streets.
5. The standard lane width will be twelve (12) feet minimum. (Ref. ODOT & Licking Cty Planning Commission)
(Ord. 19-20. Passed 11-4-20.)
1179.04 MAJOR ARTERIAL.
A major arterial is a major thoroughfare designed to carry traffic between municipalities and other activity centers at a high rate of speed, generally more than forty-five (45) mph, and to provide connections with major state and interstate roadways. Arterials will consist of a minimum of four (4) lanes, and contain as few intersections and access as few driveways as possible. Typically, existing or new state routes are classified as arterial. Village streets serving as state routes may have additional requirements per ODOT standards.
DESIGN ELEMENTS FOR MAJOR ARTERIALS | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way : | 120' |
Minimum Pavement Width: Curb face to curb face. Curb & Gutter Required. | 6' (5 Lanes) Plus right turn lanes. |
*No Parking Permitted* | |
Minimum Pavement Width: No Curbs | 68' (5 Lanes) Plus right turn lanes. Plus Berms |
Maximum Grade | 4.00% |
Maximum Grade within 50 feet of an Intersection | 2.00% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 575' |
Minimum Tangent Length Between Reverse Curves | 250' |
Minimum Curb Radii | 35' |
Minimum Stopping Distance | 400' |
Minimum Grassed Area Between Sidewalk and Curb | 6' |
(Ord. 19-20. Passed 11-4-20.)
1179.05 MAJOR COLLECTOR.
A major collector roadway distributes traffic between residential streets, collectors, and arterial streets. The major collector's purpose is primarily to promote free traffic flow. Thus, direct access for adjoining lots should be limited where possible. Major collectors should not be used for on-street parking and may provide linkages to adjoining developments to improve vehicle circulation. A major collector is designed to carry more traffic by removing the single turn lane on a minor collector in favor of two (2) dedicated lanes running in each direction. Village streets serving as state routes may have additional requirements per ODOT standards.
DESIGN ELEMENTS FOR MAJOR COLLECTORS (4 Lanes: 45 mph Design Speed) | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way : | 80' |
Minimum Pavement Width: Curb face to curb face Curb & Gutter Required *No Parking Permitted* | 44' (3 Lanes) 68' (5 Lanes) |
Minimum Pavement Width: No curbs | 44' + Berms |
Maximum Grade | 7% |
Maximum Grade within 50 feet of an Intersection | 3% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 575' |
Minimum Tangent Length Between Reverse Curves | 250' |
Minimum Curb Radii | 35' |
Minimum Stopping Distance | 400' |
Minimum Grassed Area Between Sidewalk and Curb | 6' |
(Ord. 19-20. Passed 11-4-20.)
1179.06 COLLECTOR.
A collector roadway distributes traffic between lower order streets, and major collectors, and/or arterial streets. The collector's purpose is primarily to promote free traffic flow in commercial and residential areas when projected traffic conditions indicate wider lanes would be appropriate. Direct access for adjoining lots should be limited where possible. Collectors should not be used for on-street parking and may provide linkages to adjoining developments to improve vehicle circulation. Village streets serving as state routes may have additional requirements per ODOT standards.
DESIGN ELEMENTS FOR COLLECTORS | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way : | 70' |
Minimum Pavement Width: Curb face to curb face Curb & Gutter Required *No Parking Permitted* | 40' |
Maximum Grade | 7% |
Maximum Grade within 50 feet of an Intersection | 3% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 575' |
Minimum Tangent Length Between Reverse Curves | 250' |
Minimum Curb Radii | 35' |
Minimum Stopping Distance | 400' |
Minimum Grassed Area Between Sidewalk and Curb | 6' |
(Ord. 19-20. Passed 11-4-20.)
1179.07 INDUSTRIAL STREET.
An industrial street distributes traffic between major manufactures and industrial type entities such as in an industrial park. The industrial street's purpose is primarily to promote free traffic flow. Thus, direct access for adjoining lots should be limited where possible. Industrial streets should not be used for on-street parking and may provide linkages to adjoining developments to improve vehicle circulation.
DESIGN ELEMENTS FOR INDUSTRIAL STREETS | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way : | 60' |
Minimum Pavement Width: With curb and gutter - curb face to curb face. Uncurbed --- | 32' 28' + Berms (More where left/right turn lanes are required.) |
*No Parking Permitted* | |
Maximum Grade | 4.00% |
Maximum Grade within 50 feet of an Intersection | 3% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 575' * |
Minimum Tangent Length Between Reverse Curves | 250' * |
Minimum Curb Radii | 100' * |
Minimum Stopping Distance | 400' |
Minimum Grassed Area Between Sidewalk and Curb | 6' |
* The above noted radii and tangents may be increased upon recommendation of the Village Engineer.
(a) The design and construction of industrial streets will allow for the free movement and flow of large commercial vehicles. Generous turn and intersection radii and tangent lengths will be provided so as to permit the operation of the largest types of commercial vehicles without the necessity of the vehicle encroaching into the oncoming lane or lanes of traffic.
(b) The corner blend radii at intersection points of newly constructed streets, renovated streets, or of private access roads intersecting with Village streets will allow the types of vehicles that are expected to use the intersection, at present or in the future, to make a right turn without projecting into an oncoming lane or center turn lane, or damaging the curbing or blend area.
(Ord. 19-20. Passed 11-4-20.)
1179.08 RESIDENTIAL STREET.
A residential street is designed to provide access to residential properties and carry traffic between higher order collectors and arterials. Parking may be permitted on one side only, however, it is preferred that overnight parking not be permitted.
DESIGN ELEMENTS FOR RESIDENTIAL STREET | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way | 60' |
Minimum Pavement Width: Curb face to curb Curb and gutter required | 32' |
Maximum Grade | 9% |
Maximum Grade within 50 feet of an Intersection | 5% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 200' |
Minimum Tangent Length Between Reverse Curves | 100' |
Minimum Curb Radii | 30' |
Minimum Stopping Distance (35 mph design speed) | 250' |
Minimum Grassed Area Between Sidewalk and Curb | 4' |
NOTE: Hillside lots with grades of more than fifteen percent (15%) are subject to exceptions. The necessity of guard rail, seeding, back fill, or other special provisions, will be determined by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1179.09 RESIDENTIAL CUL-DE-SAC.
A street that has a single means of ingress and egress and terminates in a vehicular turnaround. Where natural topography and original tract composition allow, internal flow within a subdivision will take precedence over the use of several, repeated, or back-to-back cul-de-sacs. Lengths of cul-de-sacs are limited to minimize backup time for large service and emergency vehicles unable to use the turnaround, to minimize mistaking cul-de-sacs with connecting streets, to discourage speeding, and to limit the number of families stranded in emergency or repair situations where the road is cut or blocked off. Cul-de-sacs in a commercial or industrial zoning district will meet additional width and right-of-way requirements. Back to back or adjoining residential cul-de-sacs will be joined by a public sidewalk.
DESIGN ELEMENTS FOR CUL-DE-SACS | DIMENSIONS IN FEET OR PERCENT |
Minimum Right-of-Way: | 50' |
Minimum Pavement Width: Curb face to curb face Curb and gutter required | 26' |
Minimum Cul-de-Sac Bulb - Right-of-Way Pavement Width | 55' radius 44' radius * |
Maximum Cul-de-Sac Length (Center of bulb to center of intersection) | 500' |
Maximum Grade | 10% |
Maximum Grade within 50 feet of an Intersection | 5% |
Minimum Grade | 0.5% |
Minimum Radius of Centerline | 150' |
Minimum Tangent Length Between Reverse Curves | 50' |
Minimum Curb Radii | 25' |
Minimum Stopping Distance | 170' |
Minimum Grassed Area Between Sidewalk and Curb | 4 |
* This minimum requirement will be increased upon the request of the local fire department or school district.
(Ord. 19-20. Passed 11-4-20.)
1179.10 DEDICATION.
1179.11 DEDICATION NOTE.
The site plan and any associated construction drawing will contain a note on the cover sheet specifying the streets and rights-of-way which will be dedicated to the Village of Hebron.
(Ord. 19-20. Passed 11-4-20.)
1179.12 ADDITIONAL RIGHT-OF-WAY DEDICATION.
When a subdivision or development abuts a Village street or other road which is shown on the Hebron or Licking County Thoroughfare Plan, and when additional right-of-way is required for the street to meet its classification, the subdivider or developer will dedicate to the Village, or County, the additional right-of-way required in accordance with the specifications contained herein. When natural topographic features preclude the expansion or use of one side of the road right-of-way, the developer of the other side may be required to dedicate additional road right-of- way equal to that which is precluded by the natural feature.
For any subdivision (major, minor, exempt, or re-plat) fronting along an existing Village street, provisions will be made to set aside the necessary right-of-way for traffic, utilities, and drainage, in accordance with the minimum right-of-way for local streets as established by these regulations. When natural topographic features preclude the expansion or use of one side of the road right-of-way, the developer may be required to dedicate additional road right-of-way equal to that which is precluded by the natural feature.
(Ord. 19-20. Passed 11-4-20.)
1179.13 SIDEWALKS.
All sidewalks will be installed and constructed as outlined in the Hebron Construction Standards. The provisions of this Section apply to ALL properties located within the Village of Hebron, including but not limited to major subdivisions.
(a) Residential. Sidewalks in Residential Districts will be four (4) feet wide minimum.
(b) Commercial. Sidewalks in Commercial Districts will be five (5) feet wide.
(c) Disability Ramps. All intersecting points with streets, driveways, or other areas have changes of elevation will have disability ramps of standard gradients.
(d) Where Required. All proposed new construction of, or alteration of existing highway, streets, or thoroughfares that will be or are now located in a Residential, Neighborhood Commercial, or General Commercial District will include the installation of sidewalks on both sides of the street. Upon approval of the Board, in multi-lot developments, this may be accomplished by the installation of sidewalks on each individual lot as it is developed, provided the end result will be a completely connected sidewalk system within the development.
(e) Development along Existing Street. Any development of property which is located in a Residential, Neighborhood Commercial, or General Commercial District will include the installation of a sidewalk on the side of the street being developed. The sidewalk will extend across the full length of the developments street frontage.
(f) Extension to Meet Existing System. The Planning and Zoning Board may require the inclusion in a development's site plan provisions for the extension of the existing sidewalk system so as to connect with a proposed new sidewalk system.
(g) Connection of Cul-de-sacs. Adjacent cul-de-sacs in residential areas will be connected with a public sidewalk. Such stands alone sidewalks will have a minimum dedicated right-of-way or easement of ten (10) feet.
(h) Sidewalk Maintenance Responsibility. The Village has determined that is necessary to require the repair and maintenance of sidewalks and to keep them free from obstruction or nuisance. Accordingly, public sidewalks serving all classification of property are the responsibility of and shall be maintained by the abutting property owner, Abutting property owners are responsible for maintaining, repairing, or replacing sidewalks and must keep sidewalks clear of snow and ice.
(Ord. 11-24. Passed 4-10-24.)
1179.14 BICYCLE/WALKING PATHS.
The development of a public bicycle/walking path system that interconnects various sections of the Village and connects with other communities', or other public, bicycle/walking path is a desirable feature for Hebron. (Ord. 19-20. Passed 11-4-20.)
1179.15 STREET LIGHTING.
When applicable, the site plan will include a street lighting plan. Street lighting will be designed using the recommendations of the Illuminating Engineering Society (IES) handbook, the local electric utility, the Village Administrator, and the Village Engineer.
(a) The developer will install all street lights, wiring, and metering.
(b) Hebron will designate and approve the style of lamp fixture and pole.
(c) The location and method of metering will be approved by Hebron.
(d) Hebron may specify a 110 volt weatherproof outlet be included for each pole.
(e) Unless otherwise approved by the Planning and Zoning Board and the Village Engineer, all street light wiring will be under ground.
(f) Ownership of the installed street lights and the designated entity responsible for paying the street lighting charges will be agreed on before installation is approved by Hebron.
(Ord. 19-20. Passed 11-4-20.)
1181.01 GENERAL.
The construction plans of all new, relocated, or altered water supply lines and related appurtenances will be approved by the appropriate Utilities Superintendent and the Village Engineer prior to the approval of the final plat. The Village Fire Chief will approve all new, relocated, or altered fire municipal fire protection supply systems prior to the approval of the final plat.
(a) Valves. Valves will be placed outside of the pavement wherever practical. In general, two valves will be installed at every main line, tee, and three valves will be placed at every main line cross. The maximum distance between main line valves will be one-thousand (1000) feet.
(b) Meters. Meters will be supplies by Hebron and paid for by the developer or user.
(c) EPA. The developer will provide the Village with all required Ohio EPA approvals and pay all Ohio EPA review fees.
(Ord. 19-20. Passed 11-4-20.)
1181.02 CONSTRUCTION STANDARDS.
All new, relocations of, or alterations to water supply lines and related appurtenances will be constructed in accordance with the rules, standards and specifications of the Village of Hebron, and will be reviewed, tested, and approved by the Village Engineer prior to the acceptance by the Village. (Ord. 19-20. Passed 11-4-20.)
1181.03 CONNECTIONS.
Within the Hebron Village limits all buildings and other uses requiring water will connect to the Hebron Water System.
(a) Installation. The user will be responsible for installing the service tap. The Water System Superintendent, and/or the Village Engineer will inspect the installed tap. Installation plans, materials, and related appurtenances will be approved before installation begins.
(b) Tap Fee. Before approval of the Construction Plan or beginning an installation, the developer/user will pay all tap fees and capacity charges.
(c) Tap Size. The Water System Superintendent or Village Engineer will review tap size and the required materials.
(Ord. 19-20. Passed 11-4-20.)
1181.04 FIRE PROTECTION.
The following requirements will be met for fire protection;
(a) Buildings Under Construction. The fire protection water supply, including fire hydrants, will be installed and in service prior to placing combustible building materials on site.
(b) Commercial Line Size. All municipal lines intended to provide fire protection to GC, M-1, and M-2 districts will be twelve (12) inches minimum.
(c) Fire Department Connections. The exterior mounted fire department connection to a standpipe system will be located within fifty (50) feet of a paved street or fire lane. The location will be approved by the Hebron Fire Chief.
(d) Setback. Fire hydrants will be placed two (2) feet clear behind the back of the curb or eight (8) feet from the edge of the pavement on uncurbed streets. Bullards and greater setbacks may be required to protect hydrants in areas where they be subject to damage by commercial vehicles.
(e) Spacing. In all districts the minimum municipal hydrant spacing will be three- hundred (300) feet.
(f) Style. Municipal hydrants will:
(1) Have a six (6) inch mechanical joint inlet connection,
(2) A five-and-one-half (5 ½ ) inch main valve opening,
(3) Two (2) two-and-one-half (2 ½ ) inch outlets,
(4) One (1) four and one-half (4 ½) inch outlet with a Storz or Storz type fitting,
(5) All outlets, other than the Storz or Storz type, shall have National Standard Hose Threads.
(6) The operating nut will be one (1) inch to seven-eighths (7/8) inch square tapered.
(7) Hydrants will be furnished with a 5-foot bury depth unless otherwise shown on the plans.
(8) Hydrants will be self-draining.
(9) A drainage sump two (2) feet in diameter and two (2) feet deep will be excavated below each hydrant and filled with coarse gravel or stone. The sump will be compacted in place under and around the shoe of the hydrant and project to a level of six (6) inches above the waste opening.
(10) No drainage sump will be connected to a sanitary sewer.
(11) Municipal hydrants will be safety yellow.
(12) Private (industrial) hydrants will be red. Number of outlets to be determined by the developer and approved by the Hebron Fire Chief.
(Ord. 19-20. Passed 11-4-20.)
1181.05 EASEMENTS.
All public water lines will be placed in an easement. The minimum easement width will be twenty (20) feet. The easement width will be reviewed and approved by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1183.01 GENERAL.
The construction plans of all new, relocated, or altered sanitary sewer lines and related appurtenances will be approved by the appropriate Utilities Superintendent and the Village Engineer prior to the approval of the final plat. Portions of the following sections of this Chapter are in addition to the Hebron Construction Standards or related requirements.
(a) EPA. The developer will provide the Village with all required Ohio EPA approvals and pay all Ohio EPA review fees.
(Ord. 19-20. Passed 11-4-20.)
1183.02 CONSTRUCTION STANDARDS.
All new, relocations of, or alterations to sanitary sewer lines and related appurtenances will be constructed in accordance with the rules, standards and specifications of the Village of Hebron, and will be reviewed, tested, and approved by the Village Engineer prior to the acceptance by the Village.
(Ord. 19-20. Passed 11-4-20.)
1183.03 CONNECTIONS.
Within the Hebron Village limits all buildings and other uses generating sewage or waste water will connect to the Hebron Sanitary Sewer System.
(a) EPA Permits. All required EPA permits will be presented to the Village Engineer before Installation begins.
(b) Installation. The user will be responsible for installing the service tap. The Waste Water System Superintendent, and/or the Village Engineer will inspect the installed tap. Installation plans, materials, and related appurtenances will be approved before installation begins.
(c) Tap Fee. Before approval of the Construction Plan or beginning an installation, the developer/user will pay all tap fees and capacity charges.
(d) Tap Size. The tap size will be in accordance with the Hebron Sewer Use and Pretreatment Policy (6-inches minimum). The Waste Water System Superintendent or Village Engineer will review tap size and the required materials.
(e) Ground, Storm, and Surface Water. All installations will be so designed and installed to prevent the intrusion of ground, storm, or surface water into the sanitary sewer system.
(f) Floodplain. Within the one-hundred (100) year floodplain, all sanitary sewer systems will have the top of casing one-and-one-half (1 ½) feet above the one- hundred (100) year flood elevation.
(Ord. 19-20. Passed 11-4-20.)
1183.04 EASEMENTS.
All public sanitary sewer lines will be placed in an easement. The minimum easement width will be twenty (20) feet. The easement width will be review and approved by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1185.01 GENERAL.
Adequate drainage, flow control, detention, and/or retention provisions for the disposition of storm and natural waters, and control of erosion created thereby, both on and off-site will be provided. Portions of the following sections of this Chapter are in addition to the Hebron Construction Standards or related requirements.
(Ord. 19-20. Passed 11-4-20.)
1185.02 CONSTRUCTION STANDARDS.
All new, relocations of, or alterations to systems and related appurtenances for controlling storm water, natural water, or surface water flow will be constructed in accordance with the rules, standards and specifications of the Village of Hebron, and will be reviewed, and approved by the Village Engineer prior to the acceptance by the Village. The extent of both on-site and off-site facilities for handling storm and natural water, and for controlling erosion, will be approved by the Village Engineer. (Ord. 19-20. Passed 11-4-20.)
1185.03 STORM WATER.
Unless otherwise specified by the Village Engineer, storm water management will comply with the "Mid-Ohio Regional Planning Commission Storm Water Design Manual." This manual is available from the Mid-Ohio Regional Planning Commission.
(Ord. 19-20. Passed 11-4-20.)
1185.04 SURFACE WATER.
No change of flow characteristics of springs, streams, watercourses, culverts or drainage ditches, or alteration to wetlands or the designated floodplain and floodway, will be permitted unless approved by the Village Engineer and such approval be in accordance with Village ordinances relating to the floodplain or mandates of other regulating agencies having preeminent authority.
(a) Springs. All springs will be capped and piped in a minimum 6-inch diameter perforated pipe encased in washed gravel and connected into the nearest storm manhole or curb inlet.
(b) Easements Required. All features or facilities, both natural and man made, such as culverts, drainage ditches, storm sewers, streams or watercourses that facilitate the downstream flow of water from a watershed will be placed in an easement. Such maintenance easements will be not less than twenty (20) feet in width, measured horizontally from the top of the bank exclusive of the width of the ditch, channel or other system, and will be provided on each side of the ditch, channel or other system. Maintenance easements are to be kept free of obstructions. Detailed provisions regarding the entities to be responsible for maintenance of the facility will be submitted in text form with the subdivision plat. As applicable, notes regarding maintenance will be made on the plat.
(c) Culverts. All multiple culvert installations, or culverts larger than twelve (12) inches will have concrete headwalls.
(d) Underground System Required. Where it has been determined that the anticipated critical storm flow for the drainage of a watershed or modified watershed area could be borne by a storm culvert or storm sewer system sixty (60) inches or less in diameter, such flow will be placed underground in an approved storm culvert or storm sewer system unless otherwise approved by the Village Administrator, Village Engineer, and Community Development Coordinator.
(e) Adjacent Open Ditches. Where ditches or watercourses that are presently open are contained in public easements that border proposed developments, the Village Engineer may require the installation of an underground storm sewer system to replace the open ditch.
(f) Minimum Slope. The minimums side slope for open retention or detention basins or open ditches will be three (3) to one (1) or as required for ease of maintenance.
(Ord. 19-20. Passed 11-4-20.)
1185.05 EROSION AND SEDIMENTATION CONTROL.
Measures will be taken to minimize erosion and sedimentation and its impacts during subdivision construction activity. A detailed erosion and sedimentation control plan will be submitted with the improvement plans and will indicate the techniques to be used both temporarily (during construction) and permanently, and include a schedule for implementing or installing same. All erosion and sedimentation control devices will be in place at the start of construction and other measures implemented according to the approved time schedule.
Erosion control plans will be based upon controlling erosion and sedimentation on-site, with the object of eliminating or minimizing erosion or sedimentation impacts off-site. Techniques, devices, or measures used will be as approved by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1185.06 EASEMENTS.
Where it becomes necessary for storm water detention, or retention, or systems designed to control, channel, or route storm or surface water, to cross private property, an easement as outlined in the Storm Water Design Manual will be obtained. Such easement will be a minimum of twenty (20) feet and be reviewed and approved by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1187.01 PURPOSE AND INTENT.
The purpose of this regulation is to establish technically feasible and economically reasonable storm water management standards to achieve a level of storm water quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the Village of Hebron:
(a) This regulation requires owners who develop or re-develop their property within the Village of Hebron to:
(1) Control storm water runoff from their property and ensure that all storm water management practices are properly designed, constructed, and maintained.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.
(3) Control the volume, rate, and quality of storm water runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased.
(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.
(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.
(6) Incorporate storm water quality and quantity controls into site planning and design at the earliest possible stage in the development process.
(7) Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.
(8) Maximize use of storm water management practices that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the Village of Hebron's future expenses related to the maintenance and repair of stream crossings.
(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.
(b) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section.
(c) Public entities, including the State of Ohio, Licking County, and the Village of Hebron shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.
(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(e) This regulation does not require a Comprehensive Storm Water Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the Village Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Erosion and Sediment Control.
(Ord. 19-20. Passed 11-4-20.)
1187.02 DEFINITIONS.
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
ACRE: A measurement of area equaling 43,560 square feet.
AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a Registered Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
BEST MANAGEMENT PRACTICES (BMPs): Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other practices to reduce the pollution of water resources and to control storm water volume and rate.
CLEAN WATER ACT: Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
COMMUNITY: The Village of Hebron, its designated representatives, boards, or commissions.
COMPREHENSIVE STORM WATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
CRITICAL STORM: A storm that is calculated by means of the percentage increase in volume of runoff by a proposed development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a developed site.
DETENTION FACILITY: A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving the facility by temporarily storing a portion of the storm water entering the facility.
DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.
DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.
EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
EXTENDED CONVEYANCE: A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.
EXTENDED DETENTION: A storm water management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least twenty-four (24) to forty-eight (48) hours, retarding flow and allowing pollutants to settle within the facility.
FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
GRADING: The process in which the topography of the land is altered to a new slope.
IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
INFILTRATION: A storm water management practice that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
LARGER COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
NPDES: National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
NONSTRUCTURAL STORM WATER MANAGEMENT PRACTICE: Storm water runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.
POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
PRE-CONSTRUCTION MEETING: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as approved and submitted.
PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
REDEVELOPMENT: A construction project on land where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project. (Refer to Table 1 in the Performance Section)
RIPARIAN AREA: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
RIPARIAN AND WETLAND SETBACK: The real property adjacent to a water resource on which soil disturbing activities are limited.
RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
SEDIMENTATION: The deposition of sediment in water resources.
SITE OWNER/OPERATOR: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.
SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.
STABILIZATION: The use of Best Management Practices that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
STRUCTURAL STORM WATER MANAGEMENT PRACTICE: Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of storm water runoff.
WATER QUALITY VOLUME. The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.
WATER RESOURCE: Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.
WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
WATERSHED: The total drainage area contributing storm water runoff to a single point.
WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(Ord. 19-20. Passed 11-4-20.)
1187.03 DISCLAIMER OF LIABILITY.
(a) 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 any particular parcel of property.
(b) By approving a Comprehensive Storm Water Management Plan under this regulation, the Village of Hebron does not accept responsibility for the design, installation, and operation and maintenance of storm water management practices.
(Ord. 19-20. Passed 11-4-20.)
1187.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village Engineer 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 Village of Hebron 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 Village of Hebron, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 19-20. Passed 11-4-20.)
1187.05 DEVELOPMENT OF COMPREHENSIVE STORM WATER MANAGEMENT PLANS.
(a) This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1187.01(b) is proposed.
(b) The Village of Hebron shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The Village of Hebron may consult with the Licking County SWCD, private engineers, storm water districts, or other technical experts in reviewing the Comprehensive Storm Water Management Plan. (Ord. 19-20. Passed 11-4-20.)
1187.06 APPLICATION PROCEDURES.
(a) Pre-Application Meeting. The applicant shall attend a Pre-Application Meeting with the Village Engineer to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule.
(b) Preliminary Comprehensive Storm Water Management Plan. The applicant shall submit two (2) sets of a Preliminary Comprehensive Storm Water Management Plan (Preliminary Plan) and the applicable fees to the Community Development Coordinator. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, storm water control facilities, and easements in sufficient detail and engineering analysis to allow the Village Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed storm water management practices are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:
(1) For subdivisions. In conjunction with the submission of the preliminary subdivision plan.
(2) For other construction projects. In conjunction with the application for a zoning permit.
(3) For general clearing projects. In conjunction with the application for a zoning permit.
(c) The applicant shall submit two (2) sets of Final Comprehensive Storm Water Management Plan. a Final Comprehensive Storm Water Management Plan (Final Plan) and the applicable fees to the Community Development Coordinator in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. The Final Plan shall meet the requirements of the Comprehensive Storm Water Management Plan, shall demonstrate compliance with the Performance Standards and requirements established in the Performance Standard, and shall be approved by the Village Engineer prior to approval of the final plat and/or before issuance of a zoning permit.
(d) Review and Comment. The Village Engineer and/or the Community Development Coordinator shall review the Preliminary and Final Plans submitted, and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan.
(e) Approval Necessary. Land clearing and soil-disturbing activities shall not begin and zoning and/or building permits shall not be issued without an approved Comprehensive Storm Water Management Plan.
(f) Valid for Two Years. Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval.
(Ord. 19-20. Passed 11-4-20.)
1187.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the Village of Hebron will issue a building or zoning permit.
(a) Ohio EPA NPDES Permits Authorizing Storm Water Discharges Associated With Construction Activity or the Most Current Version Thereof. Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(c) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 19-20. Passed 11-4-20.)
1187.08 COMPREHENSIVE STORM WATER MANAGEMENT PLANS.
(a) Comprehensive Storm Water Management Plan Required. The applicant shall develop a Comprehensive Storm Water Management Plan describing how the quantity and quality of storm water will be managed after construction is complete for every discharge from the site and/or into a water resource. The Plan will illustrate the type, location, and dimensions of every structural and non-structural storm water management practice incorporated into the site design, and the rationale for their selection. The rationale must address how these storm water management practices will address flooding within the site as well as flooding that may be caused by the development upstream and downstream of the site. The rationale will also describe how the storm water management practices minimize impacts to the physical, chemical, and biological characteristics of on-site and downstream water resources and, if necessary, correct current degradation of water resources that is occurring or take measures to prevent predictable degradation of water resources.
(b) Preparation by Professional Engineer. The Comprehensive Storm Water Management Plan shall be prepared by a registered professional engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the Village Engineer, a site survey shall be performed by a Registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.
(c) Community Procedures. The Village Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the storm water management system for the site. These procedures may be updated from time to time, at the discretion of the Village Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The Village Engineer shall make the final determination of whether the practices proposed in the Comprehensive Storm Water Management Plan meet the requirements of this regulation. The Village Engineer may also maintain a list of acceptable Best Management Practices, including the most current edition of the Mid-Ohio Regional Planning Commission (MORPC) Stormwater Manual, that meet the criteria of this regulation to be used in the Village of Hebron.
(d) Contents of Comprehensive Storm Water Management Plan. The Comprehensive Storm Water Management Plan shall contain an application, narrative report, construction site plan sheets, a long-term Inspection and Maintenance Agreement, and a site description with the following information provided:
(1) Site description.
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
C. A description of prior land uses at the site.
D. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.
E. Existing data describing the soils throughout the site, including the soil series and association, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers.
F. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
G. The location and name of the immediate water resource(s) and the first subsequent water resource(s).
H. The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or will receive discharges from the project.
I. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.
(2) Site map showing:
A. Limits of soil-disturbing activity on the site.
B. Soils types for the entire site, including locations of unstable or highly erodible soils.
C. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.
D. Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
E. Existing and planned locations of buildings, roads, parking facilities, and utilities.
F. The location of any in-stream activities including stream crossings.
(3) Contact information. Company name and contact information as well as contact name, addresses, and phone numbers for the following:
A. The Professional Engineer who prepared the Comprehensive Storm Water Management Plan.
B. The site owner.
(4) Phase, if applicable, of the overall development plan.
(5) List of sublot numbers if project is a subdivision.
(6) Ohio EPA NPDES Permit Number and other applicable state and federal permit numbers, if available or status of various permitting requirements if final approvals have not been received.
(7) Location, including complete site address and sublot number if applicable.
(8) Location of any easements or other restrictions placed on the use of the property.
(9) A site plan sheet showing:
A. The location of each proposed post-construction storm water management practice.
B. The geographic coordinates of the site and each proposed practice in North American Datum Ohio State Plan North.
It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided.
(10) An inspection and maintenance agreement. The Inspection and Maintenance Agreement required for storm water management practices under this regulation shall be between the Village of Hebron and the applicant and shall contain the following information and provisions:
A. The location of each storm water management practice, including those practices permitted to be located in, or within fifty (50) feet of, water resources, and identification of the drainage area served by each storm water management practice.
B. A schedule for regular maintenance for each aspect of the storm water management system to ensure continued performance of that system as is detailed in the approved Comprehensive Storm Water Management Plan. This schedule may include additional standards, as required by the Village Engineer, to ensure continued performance of storm water management practices permitted to be located in, or within fifty (50) feet of, water resources.
C. Identification of the landowner(s), organization, or municipality responsible for long-term maintenance, including repairs, of the storm water management practices.
D. The landowner(s), organization, or municipality shall maintain storm water management practices in accordance with this regulation.
E. The Village of Hebron shall conduct inspections as necessary to verify that the storm water management practices are being maintained and operated in accordance with this regulation.
F. The Village of Hebron shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or municipality responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water practices into proper working condition.
G. If the Village of Hebron notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame as determined by the Village of Hebron.
H. The Village of Hebron is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for maintenance does not make the required corrections in the specified time period. The Village of Hebron shall be reimbursed by the landowner(s), organization, or municipality responsible for maintenance for all expenses incurred within ten days of receipt of invoice from the Village of Hebron.
I. The method of funding long-term maintenance and inspections of all storm water management practices.
J. A release of the Village of Hebron from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the Village of Hebron from the construction, presence, existence, or maintenance of the storm water management practices.
Alteration or termination of these stipulations is prohibited. The applicant must provide a draft of this Inspection and Maintenance Agreement as part of the Comprehensive Storm Water Management Plan submittal. Once a draft is approved, a recorded copy of the Agreement must be submitted to the Village of Hebron to receive final inspection approval of the site.
(11) Calculations required. The applicant shall submit calculations for projected storm water runoff flows, volumes, and timing into and through all storm water management practices for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain, as required in the Performance Standard of this regulation. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from upper watershed areas have been considered in the calculations.
(12) List of all contractors and subcontractors before construction. Prior to construction or before the pre-construction meeting, provide the list of all contractors and subcontractors names, addresses, and phone numbers involved with the implementation of the Comprehensive Storm Water Management Plan including a written document containing signatures of all parties as proof of acknowledgment that they have reviewed and understand the requirements and responsibilities of the Comprehensive Storm Water Management Plan.
(13) Existing and proposed drainage patterns. The location and description of existing and proposed drainage patterns and storm water management practices, including any related storm water management practices beyond the development area and the larger common development area.
(14) For each storm water management practice to be employed on the development area, include the following:
A. Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.
B. Final site conditions including storm water inlets and permanent nonstructural and structural storm water management practices. Details of storm water management practices shall be drawn to scale and shall show volumes and sizes of contributing drainage areas.
C. Any other structural and/or non-structural storm water management practices necessary to meet the design criteria in this regulation and any supplemental information requested by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1187.09 PERFORMANCE STANDARDS.
(a) General. The storm water system, including storm water management practices for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; and to meet the following criteria:
(1) Integrated practices that address degradation of water resources. The storm water management practices shall function as an integrated system that controls flooding and minimizes the degradation of the physical, biological, and chemical integrity of the water resources receiving storm water discharges from the site. Acceptable practices shall:
A. Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project.
B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable.
C. Only install new impervious surfaces and compact soils where necessary to support the future land use.
D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing storm water peak flows to less than predevelopment levels.
Storm water management practices that meet the criteria in this regulation, and additional criteria required by the Village Engineer shall comply with this regulation.
(2) Practices designed for final use. Storm water management practices shall be designed to achieve the storm water management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with minimal maintenance.
(3) Storm water management for all lots. Areas developed for a subdivision, as defined in the Village of Hebron Subdivision Regulation, shall provide storm water management for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peaks from the lot.
(4) Storm water facilities in water resources. Storm water management practices and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in the Compliance with State and Federal Regulation section of this regulation, and the activity is in compliance with The Village of Hebron Subdivision Regulations, Erosion and Sediment Control, all as determined by the Village Engineer.
(5) Storm water ponds and surface conveyance channels. All storm water pond and surface conveyance designs must provide a minimum of one (1) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing storm water ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.
(6) Exemption. The site where soil-disturbing activities are conducted shall be exempt from the requirements of the Performance Standard Section if it can be shown to the satisfaction of the Village Engineer that the site is part of a larger common plan of development where the storm water management requirements for the site are provided by an existing storm water management practice, or if the storm water management requirements for the site are provided by practices defined in a regional or local storm water management plan approved by the Village Engineer.
(7) Maintenance. All storm water management practices shall be maintained in accordance with Inspection and Maintenance Agreements approved by the Village Engineer as detailed in Comprehensive Storm Water Management Plan Section.
(8) Ownership. Unless otherwise required by the Village of Hebron, storm water management practices serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership or, if compensated by the property owners, by the Village of Hebron. Storm water management practices serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner.
(9) Preservation of existing natural drainage. Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation; and maintaining unconcentrated storm water runoff to and through these areas.
(b) Storm Water Conveyance Design Criteria. All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include but not be limited to:
(1) Stream relocation or enclosure. The Village Engineer may allow the enclosure or relocation of water resources only if the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Compliance with State and Federal Regulations Section of this regulation, and the activity is in compliance with the Village of Hebron Subdivision Regulations, Erosion and Sediment Control, all as determined by the Village Engineer. At a minimum, stream relocation designs must show how the project will minimize changes to the vertical stability, floodplain form, channel form, and habitat of upstream and downstream channels on and off the property.
(2) Off-site storm water discharges. Off-site storm water runoff that discharges
to or across the applicant's development site shall be conveyed through the storm water conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around storm water quality control facilities or, if this is not possible, the storm water quality control facility shall be sized to treat the off-site flow. Comprehensive Storm Water Management Plans will not be approved until it is demonstrated to the satisfaction of the Village Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.
(3) Sheet flow. The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally-binding mechanisms that prohibit re-grading and/or the placement of structures within sheet flow areas. In no case shall the sheet flow length be longer than 300 feet, nor shall a sheet flow area exceed 1.5 acres. Flow shall be directed into an open channel, storm sewer, or other storm water management practice from areas too long and/or too large to maintain sheet flow, all as determined by the Village Engineer.
(4) Open channels. Unless otherwise allowed by the Village Engineer drainage tributary to storm water management practices shall be provided by an open channel with landscaped banks and designed to carry the 10 year, 24 hour storm water runoff from upstream contributory areas.
(5) Open drainage systems. Open drainage systems shall be preferred on all new development sites to convey storm water where feasible. Storm sewer systems shall be allowed only when the site cannot be developed at densities allowed under Village of Hebron zoning or where the use of an open drainage system affects public health or safety, all as determined by the Village Engineer. The following criteria shall be used to design storm sewer systems when necessary:
A. Storm sewers shall be designed such that they do not surcharge from runoff caused by the five (5) year, twenty-four (24) hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a ten (10) year, twenty-four (24) hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributory area within the proposed development and existing flows from offsite areas that are upstream from the development.
B. The minimum inside diameter of pipe to be used in public storm sewer systems is twelve inches. Smaller pipe sizes may be used in private systems, subject to the approval of the Village Engineer.
C. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.
D. The inverts of all curb inlets; manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.
E. Full headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes.
(6) Water resource crossings. The following criteria shall be used to design structures that cross a water resource in the Village of Hebron:
A. Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum twenty-five (25) year, twenty-four (24) hour storm.
B. Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark.
C. If a culvert or other closed bottom crossing is used, twenty-five percent (25%) of the cross-sectional area or a minimum of one foot of box culverts and pipe arches must be embedded below the channel bed.
D. The minimum inside diameter of pipes to be used for crossings shall be twelve (12) inches.
E. The maximum slope allowable shall be a slope that produces a 10- fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.
F. All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.
G. Full headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.
H. Streams with a drainage area of five (5) square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.
I. Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100-year, 24-hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.
(7) Overland flooding. Overland flood routing paths shall be used to convey storm water runoff from the 100-year, 24-hour storm event to an adequate receiving water resource or storm water management practice such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least one foot below the finished grade elevation at the structure. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.
(8) Compensatory flood storage mitigation. In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the Village of Hebron must be compensated by removing an equivalent volume of material. For all areas of development that do not increase the floodplain storage by 1/10th of the floodplain elevation there shall be no compensatory flood storage requirement. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the Village of Hebron, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.
(9) Velocity dissipation. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.
(c) Storm Water Quality Control.
(1) Direct runoff to a BMP. The site shall be designed to direct runoff to one or more of the following storm water management practices. These practices are listed in Table 2 of this regulation and shall be designed to meet the following general performance standards:
A. Extended conveyance facilities that slow the rate of storm water runoff; filter and biodegrade pollutants in storm water; promote infiltration and evapotranspiration of storm water; and discharge the controlled runoff to a water resource.
B. Extended detention facilities that detain storm water; settle or filter particulate pollutants; and release the controlled storm water to a water resource.
C. Infiltration facilities that retain storm water; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured storm water into the ground. The Village Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.
D. The Village Engineer may approve other BMPs if the applicant demonstrates to the Village Engineer satisfaction that these BMPs meet the objectives of this regulation as stated in Performance Standard subsection (c)(6).
(2) Criteria applying to all storm water management practices. Practices chosen must be sized to treat the water quality volume (WQv) and to ensure compliance with Ohio Water Quality Standards (OAC Chapter 3745-1).
A. The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:
1. Through a site hydrologic study approved by the Village Engineer that uses continuous hydrologic simulation; site-specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed best management practices controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or
2. Using the following equation:
WQV = C*P*A/12
Where terms have the following meanings:
WQV = water quality volume in acre-feet
C = runoff coefficient appropriate for storms less than 1 in.
P = 0.75 inch precipitation depth
A = area draining into the storm water practice, in acres.
Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the water quality volume are listed in Table 1. Alternatively, the Village Engineer may consider use of the following equation to calculate the runoff coefficient if the applicant can demonstrate that appropriate controls are in place to limit the proposed impervious area of the development:
C = 0.858i3 - 0.78i2 + 0.774i+0.04, where: = fraction of the drainage area that is impervious
Table 1: Runoff Coefficients Based on the Type of Land Use
Land Use | Runoff Coefficient |
Industrial and commercial | 0.8 |
High density residential (> 8 dwellings/acre) | 0.5 |
Medium density residential (4 to 8 dwellings/acre) | 0.4 |
Low density residential (< 4 dwellings/acre) | 0.3 |
Open space and recreational areas | 0.2 |
Where land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if 60% of the contributing drainage area to the storm water treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3)+(0.3)(0.5)+(0.1)(0.2) = (0.35) | |
B. An additional volume equal to twenty percent (20%) of the WQv shall be incorporated into the storm water practice for sediment storage.
C. Storm water quality management practices shall be designed such that the drain time is long enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 2.
Table 2: Draw Down Times for Storm Water Management Practices
Best Management Practice | Drain Time of WQv |
Infiltration Facilities | 24-48 hours |
Extended Conveyance Facilities (Vegetated Swales, Filter Strips) o Extended conveyance detention design o Flow through design | 24 hours * |
Extended Detention Facilities o Extended dry detention basins o Wet detention basins** o Constructed wetlands (above permanent pool) o Media filtration, bioretention | 48 hours 24 hours 24 hours 40 hours |
* Size to pass a hydrograph with a volume equal to the WQv, a duration of 2 hours, and peak rainfall intensity of 1 inch/hour at a depth of no more than 3 inches. The use of this criterion is limited to sites where the total area disturbed is 5 acres or less. **Provide both a permanent pool and an extended detention volume above the permanent pool, each sized with at least 0.75*WQV. | |
D. 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.
(3) Additional criteria applying to infiltration facilities.
A. Infiltration facilities shall only be allowed if the soils of the facility fall within hydrologic soil groups A or B, and if the seasonal high water table and any underlying bedrock are at least six feet below the final grade elevation.
B. All runoff directed into an infiltration basin must first flow through an extended conveyance facility to remove coarser sediments that could cause a loss of infiltration capacity.
C. During construction, all runoff from disturbed areas of the site shall be diverted away from the proposed infiltration basin site. No construction equipment shall be allowed within the infiltration basin site to avoid soil compaction.
(4) Additional criteria applying to extended conveyance facilities.
A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.
B. Facilities designed according to the extended conveyance detention design drain time shall:
1. 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.
2. 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.
C. Facilities designed according to the flow through design drain time shall:
1. Only be allowed on sites where the total area disturbed is five (5) acres or less.
2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three inches.
D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.
(5) Additional criteria for extended detention facilities.
A. The outlet shall be designed to release the bottom fifty percent (50%) of the water quality volume in no less than 2/3rd 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.
B. The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability:
1. Basin side slopes above the permanent pool shall have a run to rise ratio of 4:1 or flatter.
2. The perimeter of all permanent pool areas deeper than four (4) feet shall be surrounded by an aquatic bench that extends at least eight (8) 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 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 10 (H) to 1 (V). The aquatic bench shall be planted with hearty plants comparable to wetland vegetation that are able to withstand prolonged inundation.
3. 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 (10%) of the water quality volume (WQv).
(6) Additional criteria applying to extended conveyance facilities.
A. Facilities shall be lined with fine turf-forming, flood tolerant grasses.
B. Facilities designed according to the extended detention design drain time shall:
1. 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.
2. 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.
C. Swales and filter strips designed according to the flow through drain time shall:
1. Only be allowed on sites where the total area disturbed is five acres or less.
2. Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than three (3) inches.
D. Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.
(7) Alternative post-construction BMPs. The applicant may request approval from the Village Engineer for the use of alternative structural post-construction BMPs if the applicant shows, to the satisfaction of the Village 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 Table 2.
(d) Storm Water Quantity Control. The Comprehensive Storm Water Management Plan shall describe how the proposed storm water management practices are designed to meet the following requirements for storm water quantity control for each watershed in the development:
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 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.
(1) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.
(2) The Critical Storm for each specific development drainage area shall be determined as follows:
A. Determine, using a curve number-based hydrologic method that generates hydrographs, or other hydrologic method approved by the Village Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:
1. Calculations shall include the lot coverage assumptions used for full build out as proposed.
2. Calculations shall be based on the entire contributing watershed to the development area.
3. Curve numbers for the pre-development condition must reflect the average type of land use over the past ten (10) years and not only the current land use.
4. 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, regardless of the surface proposed in the site description.
B. From the volume determined in subsection (d)(3)A. hereof, determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 3.
Table 3: 24-Hour Critical Storm
If the Percentage of Increase in Volume of Runoff is: | The Critical Storm will be: | |
Equal to or Greater Than: | and Less Than: | |
--- | 10 | 1 year |
10 | 20 | 2 year |
20 | 50 | 5 year |
50 | 100 | 10 year |
100 | 250 | 25 year |
250 | 500 | 50 year |
500 | --- | 100 year |
For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area. The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms. | ||
(e) Storm Water Management on Redevelopment Projects. Comprehensive Storm Water Management Plans for redevelopment projects shall reduce existing site impervious areas by at least twenty percent (20%). Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide storm water quality control facilities for at least twenty percent (20%) of the site's impervious area. When a combination of impervious area reduction and storm water quality control facilities is used, the combined area shall equal or exceed twenty percent (20%) of the site. Where conditions prevent impervious area reduction or on-site stormwater management for redevelopment projects, practical alternatives as detailed in Alternative Actions may be approved by the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1187.10 ALTERNATIVE ACTIONS.
(a) When the Village of Hebron 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 storm water quantity. Such alternatives shall meet the following standards:
(1) Shall achieve the same level of storm water quantity and quality control that would be achieved by the on-site controls required under this regulation.
(2) Implemented in the drainage area of the proposed development project to the maximum extent practicable.
(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the Village Engineer:
(1) Fees, in an amount specified by the Village of Hebron to be applied to community-wide storm water management practices.
(2) Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.
(3) Stream, floodplain, or wetland restoration.
(4) Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes.
(Ord. 19-20. Passed 11-4-20.)
1187.11 EASEMENTS.
Access to storm water management practices as required by the Village 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 Storm Water Management Plan.
(b) Easements shall be approved by the Village of Hebron prior to approval of a final plat and shall be recorded with the Licking County Auditor and on all property deeds.
(c) Unless otherwise required by the Village Engineer, access easements between a public right-of-way and all storm water management practices shall be no less than twenty-five (25) feet wide. The easement shall also incorporate the entire practice plus an additional twenty-five (25) foot wide band around the perimeter of the storm water management practice.
(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.
(e) Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water 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 Village of Hebron. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the Village of Hebron at the property owners' expense.
(Ord. 19-20. Passed 11-4-20.)
1187.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the Village Engineer:
(a) Final stabilization must be achieved and all permanent storm water management practices must be installed and made functional, as determined by the Village Engineer and per the approved Comprehensive Storm Water Management Plan.
(b) An As-Built Certification, including a Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the storm water management practices, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the Village Engineer. In evaluating this certification, the Village Engineer may require the submission of a new set of storm water practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such practices 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 Agreement as specified in Comprehensive Storm Water Management Plan must be provided to the Village Engineer.
(Ord. 19-20. Passed 11-4-20.)
1187.13 ON-GOING INSPECTIONS.
The Village of Hebron shall inspect storm water management practices periodically. Upon finding a malfunction or other need for maintenance, the Village of Hebron 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 (10) working days, or other mutually agreed upon time, to make repairs or submit plans with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the Village Engineer for these repairs not be in place, the Village of Hebron may undertake the necessary repairs and assess the responsible party.
(Ord. 19-20. Passed 11-4-20.)
1187.14 FEES.
The Comprehensive Storm Water Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village of Hebron before the review process begins. The Village Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services.
(Ord. 19-20. Passed 11-4-20.)
1187.15 BOND.
(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of one hundred percent (100%) of the total storm water management project cost, has been deposited with the Village of Hebron Finance Department. This cash bond shall be posted for the Village of Hebron 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 Village of Hebron administrative fees as detailed in the Village of Hebron Planning and Zoning Code, when the following three criteria are met:
(1) After eighty percent (80%) of the lots of the project have been complete or one hundred percent (100%) of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.
(2) An As Built Inspection of all water quality practices is conducted by the Village Engineer.
(3) An Inspection and Maintenance Agreement signed by the developer, the contractor, the Village of Hebron, and the private owner or homeowners association who will take long term responsibility for these BMPs, is accepted by the Village 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 of these criteria are not met after three years of permanent stabilization of the site, the Village of Hebron may use the bond monies to fix any outstanding issues with all storm water 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. 19-20. Passed 11-4-20.)
1187.16 INSTALLATION OF WATER QUALITY BEST MANAGEMENT PRACTICES.
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 Village Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the Village 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 practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two days.
(Ord. 19-20. Passed 11-4-20.)
1187.17 VIOLATIONS.
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. 19-20. Passed 11-4-20.)
1187.18 APPEALS FROM DECISIONS.
Appeals of any notice and/or determination made under this Chapter may be taken in accordance with Section 1107.05 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1187.99 PENALTY.
(a) Violations under this Chapter shall be punished in accordance with Section 1105.99 of the Planning and Zoning Code.
(b) The imposition of any other penalties provided herein shall not preclude the Village of Hebron 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 Village of Hebron.
(Ord. 19-20. Passed 11-4-20.)
1189.01 PURPOSE AND INTENT.
The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the Village of Hebron 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. 19-20. Passed 11-4-20.)
1189.02 APPLICABILITY.
This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the Village of Hebron, except for those discharges generated by the activities detailed in Discharge and Connection Prohibitions Section 1189.07(a)(1) to (3) hereof.
(Ord. 19-20. Passed 11-4-20.)
1189.03 DEFINITIONS.
(a) The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:
(1) "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(2) "Community" means the Village of Hebron, its designated representatives, boards, or commissions.
(3) "Environmental Protection Agency or United States Environmental Protection Agency (USEPA)" means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(4) "Floatable Material" means, in general terms, any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(5) "Hazardous Material" means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(6) "Illicit Discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Discharge and Connection Prohibitions section of this regulation.
(7) "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(8) "Municipal Separate Storm Sewer System (MS4)" as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
A. Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States.
B. Designed or used for collecting or conveying storm water;
C. Which is not a combined sewer; and
D. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2
(9) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
(10) "Off-Lot Discharging Household Sewage Treatment System" means a system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(11) "Owner/Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
(12) "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
(13) "Storm Water" any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(14) "Wastewater". The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 19-20. Passed 11-4-20.)
1189.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 19-20. Passed 11-4-20.)
1189.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village of Hebron, 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 Village of Hebron 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 Village of Hebron, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 19-20. Passed 11-4-20.)
1189.06 RESPONSIBILITY FOR ADMINISTRATION.
The Village of Hebron shall administer, implement, and enforce the provisions of this regulation. The Village of Hebron may contract with the Licking County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 19-20. Passed 11-4-20.)
1189.07 DISCHARGE AND CONNECTION PROHIBITIONS.
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; de-chlorinated swimming pool discharges; street wash water; and discharges or flows from fire-fighting activities. These discharges are exempt until such time as they are determined by the Village of Hebron to be significant contributors of pollutants to the MS4.
(2) Discharges specified in writing by the Village of Hebron as being necessary to protect public health and safety.
(3) Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 and permitted by the Licking County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Licking 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 Licking 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.
In compliance with the Village of Hebron 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.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue.
(Ord. 19-20. Passed 11-4-20.)
1189.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The Village of Hebron 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.
(1) The Village of Hebron shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The Village of Hebron 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 Village of Hebron.
(3) The Village of Hebron shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the Village of Hebron to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the Village of Hebron and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the Village of Hebron access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the Village of Hebron is refused access to any part of the facility from which storm water is discharged, and the Village of Hebron 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 Village of Hebron may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Any costs associated with these inspections shall be assessed to the facility owner/operator. (Ord. 19-20. Passed 11-4-20.)
1189.09 ENFORCEMENT.
(a) Notice of Violation. When the Village of Hebron finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of Hebron may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property are 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, a legal action for enforcement may be initiated.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Village of Hebron shall schedule an administrative hearing with the Village Council 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 by registered mail.
(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 Village of Hebron 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. 19-20. Passed 11-4-20.)
1189.10 REMEDIES NOT EXCLUSIVE.
The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the Village of Hebron to seek cumulative remedies. (Ord. 19-20. Passed 11-4-20.)
1191.01 PURPOSE AND INTENT.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Village of Hebron:
(b) This regulation will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(c) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in subsection (d) listed below.
(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 19-20. Passed 11-4-20.)
1191.02 DEFINITIONS.
(a) For the purpose of these Erosion and Sediment Control Regulations, the following terms are defined:
(1) "Abbreviated storm water pollution prevention plan (SWP3)" refers to the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(2) "Acre" means a measurement of area equaling 43,560 square feet.
(3) "Best management practices (BMPs)" means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(4) "Community" throughout this regulation, shall refer to Village of Hebron, its designated representatives, boards, or commissions.
(5) "Construction entrance" means the permitted points of ingress and egress to development areas regulated under this regulation.
(6) "Development area" means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(7) "Disturbed area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(8) "Drainage" means:
A. The area of land contributing surface water to a specific point.
B. The removal of excess surface water or groundwater from land by surface or subsurface drains.
(9) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(10) "Erosion and sediment control" means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(11) "Final stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(12) “Landscape Architect" means a Professional Landscape Architect registered in the State of Ohio.
(13) "Larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(14) "Maximum extent practicable" means the level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(15) "NPDES" means the National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(16) "Parcel" means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a Permanent Parcel Number assigned by the Licking County Auditor's Office.
(17) "Person" means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(18) "Phasing" means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(19) "Professional Engineer" means a Professional Engineer registered in the State of Ohio.
(20) “Qualified inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.
(21) "Rainwater and land development" means Ohio's standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(22) "Runoff" means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(23) "Sediment" means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(24) "Sedimentation" means the deposition or settling of sediment.
(25) "Setback" means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.
(26) "Soil disturbing activity" means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(27) "Soil and Water Conservation District" means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Licking County SWCD.
(28) "Stabilization" means the use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(29) "Storm Water Pollution Prevention Plan (SWP3) means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(30) "Surface waters of the State" means all streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(31) "Unstable soils" means a portion of land that is identified by the Village Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having low soil strength.
(32) "Water resource" means any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(33) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(Ord. 19-20. Passed 11-4-20.)
1191.03 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 19-20. Passed 11-4-20.)
1191.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions 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 private or public 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 Village of Hebron 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 Village of Hebron, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 19-20. Passed 11-4-20.)
1191.05 DEVELOPMENT OF STORM WATER POLLUTION PREVENTION PLANS.
(a) This regulation requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels of one (1) acre or more and on which any regulated activity of Section 1191.04(c) is proposed.
(b) The following activities shall submit an Abbreviated Storm Water Pollution Prevention Plan:
(1) New single-family residential construction regardless of parcel size. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(2) Additions or accessory buildings for single-family residential construction regardless of parcel size. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(3) All non-residential construction on parcels of less than one (1) acre.
(4) General clearing activities not related to construction and regardless of parcel size. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(c) Activities disturbing 1/10th (one tenth) or less of an acre are not required to submit a Storm Water Pollution Prevention Plan or an Abbreviated Storm Water Pollution Prevention Plan, unless required by the Village Engineer. These activities must comply with all other provisions of this regulation.
(Ord. 19-20. Passed 11-4-20.)
1191.06 APPLICATION PROCEDURES.
(a) Soil Disturbing Activities Submitting a Storm Water Pollution Prevention Plan. The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the Village of Hebron as follows:
(1) For subdivisions. After the approval of the preliminary plans and with submittal of the improvement plans.
(2) For other construction projects. Before issuance of a zoning permit by the Community Development Coordinator.
(3) For general clearing projects. Prior to issuance of a zoning permit by the Community Development Coordinator.
(b) Soil Disturbing Activities Submitting an Abbreviated Storm Water Pollution Prevention Plan. The applicant shall submit two (2) sets of the Abbreviated SWP3 and the applicable fees to the Village of Hebron as follows:
(1) For single-family home construction. Before issuance of a zoning permit by the Community Development Coordinator.
(2) For other construction projects. Before issuance of a zoning permit by the Community Development Coordinator.
(3) For general clearing projects. Prior to issuance of a zoning permit by the Community Development Coordinator.
(c) The Village of Hebron shall review the plans submitted under subsection (a) or (b) hereof for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.
(d) Soil disturbing activities shall not begin and zoning permits shall not be issued without an approved SWP3 or Abbreviated SWP3.
(e) SWP3 for individual sub-lots in a subdivision will not be approved unless the larger common plan of development or sale containing the sub-lot is in compliance with this regulation.
(f) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.
(Ord. 19-20. Passed 11-4-20.)
1191.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with Storm Water Pollution Prevention Plans or Abbreviated Storm Water Pollution Prevention Plans.
(a) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof. Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act. Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(c) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(d) Section 404 of the Clean Water Act. Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
(e) Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 19-20. Passed 11-4-20.)
1191.08 STORM WATER POLLUTION PREVENTION PLAN.
(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit a SWP3 in accordance with the requirements of this regulation.
(b) The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Department of Natural Resources and shall include the following information:
(1) Site description. The SWP3 shall provide:
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
C. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity.
D. Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
E. A description of prior land uses at the site.
F. An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.
G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).
H. The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.
I. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.
J. Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.
K. Site map showing:
1. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.
2. Soil types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.
3. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.
4. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
5. Existing and planned locations of buildings, roads, parking facilities, and utilities.
6. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.
7. Sediment ponds, including their sediment settling volume and contributing drainage area.
8. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling.
9. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
10. The location of any in-stream activities including stream crossings.
(2) A soils engineering report. The Village Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Village Engineer shall be incorporated in the grading plans and/or other specifications for site development.
A. Data regarding the nature, distribution, strength, and erodibility of existing soils.
B. If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
C. Conclusions and recommendations for grading procedures.
D. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
E. Design criteria for corrective measures when necessary.
F. Opinions and recommendations covering the stability of the site.
(Ord. 19-20. Passed 11-4-20.)
1191.09 PERFORMANCE STANDARDS.
The SWP3 must contain a description of the controls appropriate for each construction operation and the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify all subcontractors engaged in activities that could impact storm water runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.
The controls shall include the following minimum components:
(a) Non-Structural Preservation Measures. The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.
(b) Erosion Control Practices. The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. A description of control practices designed to re-stabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.
Erosion control practices must meet the following requirements:
(1) Stabilization. Disturbed areas must be stabilized as specified in Tables 1 and 2 below.
Table 1: Permanent Stabilization
Area requiring permanent stabilization | Time frame to apply erosion controls |
Any area that will lie dormant for one year or more. | Within 7 days of the most recent disturbance. |
Any area within 50 feet of a stream and at final grade. | Within 2 days of reaching final grade. |
Any area at final grade. | Within 7 days of reaching final grade within that area. |
Table 2: Temporary Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a stream and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year, and not within 50 feet of a stream. | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to November 1. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(2) Permanent stabilization of conveyance channels. Applicants shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding, mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques, or rock check dams, all as defined in the most recent edition of Rainwater and Land Development or the Field Office Technical Guide available at www.nrcs.usda.gov/technical/efotg/.
(c) Runoff Control Practices. The SWP3 shall incorporate measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.
(d) Sediment Control Practices. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than fourteen days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.
Sediment control practices must meet the following requirements:
(1) Timing. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is re-stabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(2) Sediment settling ponds. A sediment settling pond, or equivalent best management practice upon approval from the Village Engineer, is required for any one of the following conditions, as determined in Table 3 below:
A. Concentrated storm water runoff.
B. Runoff from drainage areas that exceeds the design capacity of silt fence or inlet protection.
C. 10-acres of disturbed drainage.
The sediment-settling pond shall provide both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least sixty-seven (67) cubic yards of storage per acre of total contributing drainage area and have a minimum of 48-hour drain time for sediment basins serving a drainage area over five acres. The volume of the sediment storage zone shall be calculated by one of the following methods:
A. The volume of the sediment storage zone shall be 1000 cubic feet per disturbed acre within the watershed of the basin.
B. The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with a generally accepted erosion prediction model. When determining the total contributing drainage area, off-site areas and areas which remain undisturbed by construction activity must be included unless runoff from these areas is diverted away from the sediment settling pond and is not co-mingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five (5) feet. The configuration between the inlets and the outlet of the basin must provide at least two units of length for each one unit of width (> 2:1 length: width ratio), however a length to width ration of 4:1 is recommended. Sediment must be removed from the sediment settling pond when the design capacity has been reduced by forty percent (40%). This limit is typically reached when sediment occupies one-half of the basin depth. When designing sediment settling ponds, the applicant must consider public safety, especially as it relates to children, as a design factor for the sediment basin and alternative sediment controls must be used where site limitations would preclude a safe design. The use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal is encouraged.
(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties, water resources, and wetlands from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to ten (10) acres. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence.
Table 3: Maximum Drainage Area to Silt Fence
Maximum Drainage Area (acres) to 100 linear feet of silt fence | Range of Slope for a drainage area (%) |
0.5 | <2% |
0.25 | 2% but < 20% |
0.125 | 20% by < 50% |
(4) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond. Straw or hay bales are not acceptable forms of inlet protection.
(5) Off-site tracking of sediment and dust control. Best management practices must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These best management practices must include, but are not limited to, the following:
A. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches (2") in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.
B. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly. Based on site conditions, the Village Engineer may require additional best management practices to control off site tracking and dust.
These additional BMPs may include:
C. Silt fence or construction fence installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
D. Designated wheel-washing areas. Wash water from these areas must be directed to a designated sediment trap, the sediment-settling pond, or to a sump pump for dewatering in conformance with subsection (g) hereof.
E. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Village Engineer may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
(6) Surface waters of the State protection. Construction vehicles shall avoid water resources and wetlands. If the applicant is permitted to disturb areas within fifty feet of a water resource or wetland, the following conditions shall be addressed in the SWP3:
A. All BMPs and stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.
B. Structural practices shall be designated and implemented on site to protect water resources or wetlands from the impacts of sediment runoff.
C. No structural sediment controls (e.g., the installation of silt fence or sediment settling pond in-stream) shall be used in a water resource or wetland.
D. Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.
E. Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.
F. Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.
(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the applicant shall replace or modify the control for site conditions.
(e) Non-Sediment Pollutant Controls. No solid or liquid waste, including building materials, shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands. These practices shall include but are not limited to the following:
(1) Waste materials. A covered Dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum, and other waste materials.
(2) Concrete truck wash out. The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be made available.
(3) Fuel/liquid tank storage. All fuel/liquid tanks and drums shall be stored in marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to one hundred ten percent (110%) of the volume of all containers in the storage area.
(4) Toxic or hazardous waste disposal. Any toxic or hazardous waste shall be disposed of properly.
(5) Contaminated soils disposal and runoff. Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment sites.
(f) Compliance with Other Requirements. The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
(g) Trench and Ground Water Control. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
(h) Internal Inspections. All controls on the site shall be inspected at least once every seven (7) calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Village of Hebron Engineer and all of the following conditions are met:
(1) The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e. more than one (1) month).
(2) Land disturbance activities have been suspended, and temporary stabilization is achieved.
(3) The beginning date and ending dates of the waiver period are documented in the SWP3.
The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls.
These inspections shall meet the following requirements:
A. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for, pollutants entering the drainage system.
B. Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the Village of Hebron or an alternate form acceptable to the Village Engineer. The inspection form shall include:
1. The inspection date.
2. Names, titles and qualifications of personnel making the inspection.
3. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred.
4. Weather information and a description of any discharges occurring at the time of inspection.
5. Locations of:
a. Discharges of sediment or other pollutants from site.
b. BMPs that need to be maintained.
c. BMPs that failed to operate as designed or proved inadequate for a particular location.
d. Where additional BMPs are needed that did not exist at the time of inspection.
6. Corrective action required including any necessary changes to the SWP3 and implementation dates.
C. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
D. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
E. The applicant shall maintain for three (3) years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance determined by these inspections.
(i) Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Village of Hebron Engineer.
When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
(1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
(2) When practices fail to provide their intended function. If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
(3) When practices depicted on the SWP3 are not installed. If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(j) Final Stabilization. Final stabilization shall be determined by the Village Engineer. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site. (Ord. 19-20. Passed 11-4-20.)
1191.10 ABBREVIATED STORM WATER POLLUTION PREVENTION PLAN.
(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. Village of Hebron may require other BMPs as site conditions warrant.
(1) Construction entrances. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches (2") in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.
(2) Concrete truck wash out. The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be made available.
(3) Street sweeping. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a stream and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year, and not within 50 feet of a stream. | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to November 1. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(5) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. Straw or hay bales are not acceptable forms of inlet protection.
(6) Internal inspection and maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. Maintenance shall occur as detailed below:
A. When practices require repair or maintenance. If the internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When practices fail to provide their intended function. If the internal inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
C. When practices depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(7) Final stabilization. Final stabilization shall be determined by the Village of Hebron Engineer. (Ord. 19-20. Passed 11-4-20.)
1191.11 FEES.
The Storm Water Pollution Prevention Plan and Abbreviated Storm Water Pollution Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village of Hebron before the review process begins. Please consult with Village Engineer for current fee schedule.
(Ord. 19-20. Passed 11-4-20.)
1191.12 BOND.
(a) If a Storm Water Pollution Prevention Plan or Abbreviated Storm Water Pollution Prevention Plan is required by this regulation, soil disturbing activities shall not be permitted until a cash bond has been deposited with the Fiscal officer per Comprehensive Storm Water Management Plan in the Bond Section. The bond will be used for the Village of Hebron 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 cash bond shall be returned, less Village of Hebron administrative fees as detailed in the Zoning Fees of the Village of Hebron Zoning Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Village Engineer.
(b) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the Village of Hebron Engineer.
(Ord. 19-20. Passed 11-4-20.)
1191.13 ENFORCEMENT.
(a) All development areas may be subject to external inspections by the Village of Hebron to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(b) After each external inspection, the Village of Hebron shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3 the Village of Hebron may take action as detailed in Violation Section of this regulation.
(Ord. 19-20. Passed 11-4-20.)
1191.14 VIOLATIONS.
(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 Village Administrator and/or his/her designee may suspend any active soil disturbing activity for a period not to exceed ninety (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. 19-20. Passed 11-4-20.)
1191.15 APPEALS FROM DECISIONS.
Appeals of any notice and/or determination made under this Chapter may be taken in accordance with Section 1107.05 of the Planning and Zoning Code.
(Ord. 19-20. Passed 11-4-20.)
1191.99 PENALTY.
(a) Violations under this Chapter shall be punished in accordance with Section 1105.12 of the Planning and Zoning Code.
(b) The imposition of any other penalties provided herein shall not preclude the Village of Hebron 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 Village of Hebron.
(Ord. 19-20. Passed 11-4-20.)
APPENDIX A ZONING MAP
(Ord. 19-20. Passed 11-4-20.)
APPENDIX B SCHEDULE OF PLANNING AND ZONING DEPARTMENT FEES
The following Fees for applications and requests under the provisions of the Village of Hebron Planning and Zoning Code shall be required:
Appeals to the Planning and Zoning Board or Village Council: | $100.00 |
Variance: | $250.00 (Residential and Non-Residential) |
Conditional Use: | $250.00 (Residential and Non-Residential) |
Lot Split or Minor Subdivision: | $100.00 |
New Construction: | Single-Family Residential - $175.00 Multi-Family Residential - $100.00/unit Non-Residential - $400.00 |
Additions or Extensions to Existing Buildings: | Residential - $100.00 Non-Residential - $300.00 |
Zoning Map and Text Amendment: | $500.00 |
Accessory Building/Structure Zoning Review: | $50.00 |
Signs: | Temporary - $30.00 Permanent - $75.00 |
Certificate of Occupancy: | Residential - $50.00 Non-Residential - $100.00 |
Certificate of Zoning Compliance: | Residential - $50.00 Non-Residential - $100.00 |
Extensions for Certificates: | $50.00 (Residential and Non-Residential) |
Home Occupation: | $75.00 (except non-profit organizations, which shall be exempt from a permit fee) |
Demolition and Vacant Building Fees: | Refer to Chapter 1165 |
Fence Permits: | $35.00 |
Floodplain Variance: | $175.00 |
Satellite Ground Station, Satellite Dish, or Antenna Permits: | $200.00 |
Bed & Breakfast Inns: | See Conditional Use |
Starting any construction work, operation, use, or occupancy of a property without securing applicable required permits | $200.00 or double the regularly applicable fees, whichever is greater. (Effective date: June 1, 2024) |
Major Subdivision or Planned Development (PRD, PCD, PID, PUD) | Concept Plan - $300.00 plus expenses** Final Development Plan / Final Plat Review - $400.00 plus expenses** |
Site Development Plans: | $250.00 plus expenses** |
Farm Animal Permit: | $75.00 |
Short-Term Rental License: | $75.00 |
Swimming Pools: | $100.00 |
(**Expenses may include but are not limited to professional services such as engineering reviews, inspections, GPS surveying and mapping of improvements, and legal services. Estimates will be provided to all applicants. Prior to receiving final approval and/or conditional acceptance, all professional service fees and expenses incurred to date shall be paid in full). | |
(Ord. 11-24. Passed 4-10-24.)
APPENDIX C RECOMMENDED STREET TREES
For tree lawns at least 7 feet wide with no overhead wires. Maple Acer Red Maple Acer Rubrum Red Sunset Autumn Flame October Glory Sugar Maple Acer Saccharum Legacy Green Mountain Hackberry Celtis Common Hackberry Celtis Occidentalis Sugar Hackberry Celtis Laevigata Katsura Tree Cercidiphyllum japonicum Ginkgo (male only) Ginkgo Biloba Oak Quercus White Quercus Alba Swamp White Quercus Bicoor Scarlet Quercus Coccinea Shingle Quercus Imbricaria Burr Quercus Macrocarpa Red Quercus Rubra Chestnut Quercus Prunus English Quercus Robur Shumard Quercus Shumardi Black Quercus Velutina Japanese Pagoda Tree Sophora Japonica Linden Tilia Redmond Linden Tilia Americana Little Leaf Linden Tilia Cordata Silver Linden Tilia Tomentosa Crimean Linden Tilia Euchlora Elm Ulmus Lacebark Elm Ulmus Parvifolia Smooth Leaf - Urban Elm Ulmus Carpinifolia Sweetgum (limit use) Liquidambar Styraciflua For tree lawns at least 5 feet wide with no overhead wires. Hedge Maple Acer Campestre Queen Elizabeth American Yellowwood Cladrastis Lutea Turkish Filbert Corylus Colurna Hardy Rubber Tree Eucommia Ulmoides Honey Locust (limit use) Gleditsia triacanthos inermis Shademaster Skyline Moraine Green Glory Continental Imperial Sunburst Goldenrain Koelreuteria Paniculata American Hophornbeam Ostrya Virginiana Parrotia Parrotia Persica Amur Corktree Phellodendron Amurense Macho Sargent Cherry Prunus Sargentii Sawtooth Oak Quercus Acutissima For tree lawns at least 3 feet wide with no overhead lines Maple Acer Trident Maple Acer Buergeranum Amur Maple Acer Ginnala Paperbark Maple Acer Griseum Manchurian Maple Acer Mandshuricum Tatarian Maple Acer Tataricum Serviceberry Amelanchier Fringe Tree Chionanthus Virginicus Hawthorn Crataegus Cockspur Crataegus Cusgalli Inermis Lavalle Crataegus X Lavallei Washington Crataegus Phaenopyrum Ohio Pioneer Crataegus Punctata Winter King Crataegus Viridis Japanese Tree Lilac Syringa Reticulata Blackhaw Viburnum Viburnum Prunifolium Crabapple Malus Adams Baskatong Centurion Donald Wyman Harvest Gold Henningi Indian Magic Madonna Professor Sprenger Prairi Fire Red Jewel Ralph Shay Robinson Sentinel Snowdrift Sugar Tyme White Candle Winter Gold Silver Maple Acer Saccharinum Box Elder Acer Negundo Buckeye Aesculus Species Tree of Heaven Ailanthus Mimosa Albizia Julibrissin Birch Betula Ginkgo (female) Ginkgo Biloba Osage Orange Maclura Pomifera Crabapple (except those approved) Malus Mulberry Morus Cottonwood, Poplar, Aspen Populus Bradford Pear Pyrus Calleryana Pin Oak Quercus Palustris Black Locust Robinia Pseudoacacia Willow Salix European Mountain Ash Sorbus Aucuparia Elms (except Parvifolia) Ulmus Fruit Trees & Black Walnut Trees Evergreens Weeping trees Limited Usage: Norway Maple, Green Ash, Sweetgum, Gleditsia |
(Ord. 19-20. Passed 11-4-20.)
APPENDIX D VILLAGE OF HEBRON ORDINANCE 02-03
(Ord. 19-20. Passed 11-4-20.)
APPENDIX E DISTRICT CHART
TYPE OF USE | DISTRICTS | |||||||||||||
R1 | R2 | R3 | R4 | R5 | R6 | NC | GC | M1 | M2 | PRD | PCD | PID | PUD | |
Single Family Detached | X | X | X | X | X | X | X | |||||||
Two Family | X | X | X | |||||||||||
Multi Family | X | X | X | |||||||||||
Mobile Modular Home | ||||||||||||||
Multiple Units; not to exceed 4/building | X | |||||||||||||
Multiple Units; not to exceed 12/building | X | |||||||||||||
Minimum Lot Area | 14,000 | 11,200 | 6,700 | 11,200 | 11,200 See (1) | 12,000 See (4) | N/A | NA/ | N/A | N/A | 5 acres | N/A | 10 acres | 20 acres |
Maximum Lot Coverage | 35% | 35% | 35% | 35% | 35% | 35% | N/A | N/A | N/A | N/A | N/A | 45% | 50% | N/A |
Minimum Lot Width | 100' | 80' | 60' | 80' | 80' | 80' | N/A | N/A | N/A | N/A | 250' | 250' | 400' | 600' |
Minimum Lot Depth | 350' | 350' | 500' | 750' | ||||||||||
Maximum Building Height | 35' | 40' | 40' | 40' | ||||||||||
Minimum Front Setback | 35' | 35' | 20' | 20' | 35' | 30' | See (3) | See (3) | See (3) | 50' | ||||
Minimum Side Setback | 13' | 10' | 10' | 10' | 13' | 13' | 20' | 20' | 20' | 50' | ||||
Minimum Rear Setback | 45' | 35' | 35' | 10' | 35' | 35 | 25' | 25' | 25' | 50' | ||||
Minimum Dwelling Dimensions | 1,400 | 1,150 | 900 | 1,150 | See (2) | 1,150 | Max of 5,000 | |||||||
(1) or 3,500 square feet per dwelling, whichever is greater.
(2) One bedroom - 700 square feet; two bedroom - 850 square feet; three bedroom -975 square feet; each additional bedroom - 225 square feet.
(3) Average of adjacent buildings, if no adjacent buildings, minimum of 50' setback.
APPENDIX E
DISTRICT CHART (CONT.)
TYPE OF USE | DISTRICTS | |||||||||||||
R1 | R2 | R3 | R4 | R5 | R6 | NC | GC | M1 | M2 | PRD | PCD | PID | PUD | |
Retail Stores | X | X | X | X | ||||||||||
Personal Services | X | X | X | |||||||||||
Business/ Professional Offices | X | X | X | X | ||||||||||
Day Care/ Nurseries | X | X | X | |||||||||||
Personal/ Consumer Services | X | X | X | X | X | X | ||||||||
Manufacturing | X | X | X | |||||||||||
Wholesaling | X | X | X | |||||||||||
Warehousing Transportation Services | X | X | X | |||||||||||
Service Industries | X | X | ||||||||||||
Commercial Retail | X | X | ||||||||||||
Research, Development and Testing Labs | X | X | X | |||||||||||
Commercial and Office Uses | X | X | X | |||||||||||
Administrative Offices | X | X | X | |||||||||||
Commercial Kennels | ||||||||||||||
Accessory Buildings | X | X | X | X | X | X | X | X | ||||||
Home Occupations | X | X | X | X | X | |||||||||
Parks and other similar recreations centers | X | X | ||||||||||||
(Ord. 11-24. Passed 4-10-24.)
CODIFIED ORDINANCES OF HEBRON