Marietta City Zoning Code
TITLE FIVE
Land Development
1151.01 TITLE.
This Title shall be known as the Land Development Ordinance of the City of Marietta, Ohio, hereinafter referred to as “this Title” or these regulations.”
(Ord. 277(22-23). Passed 6-15-23.)
1151.02 STATUTORY AUTHORIZATION.
This Title of the Codified Ordinances of the City of Marietta, Ohio, is adopted in accordance with and pursuant to the legal authority of Article XVIII, Section 3, of the Ohio Constitution, of Section 713.02 of the Ohio Revised Code, and of Rules 1501:15-1-01 and 02 of the Ohio Administrative Code.
(Ord. 277(22-23). Passed 6-15-23.)
1151.03 PURPOSE.
This Title is adopted to encourage planning to ensure that new development shall maintain at least the existing levels of slope stability and not increase the potential for slope failure; shall preserve at least the existing capacity of watercourses and streams and not increase the potential for flooding; and, shall be accomplished without accelerated storm water runoff, erosion, and sediment pollution that would affect adjoining properties or water resources. Control of such effects will promote and maintain the health, safety and general well-being of the inhabitants covered hereunder.
(Ord. 277(22-23). Passed 6-15-23.)
1151.04 SCOPE.
(a) This Title shall apply to the non-farm earth-disturbing activities performed on land located within the corporate limits of the City of Marietta.
(b) This Title shall not apply to activities that are otherwise excluded within this Title or to those that are expressly excluded by State law.
(Ord. 277(22-23). Passed 6-15-23.)
1151.05 APPLICATION AND INTERPRETATION OF STANDARDS.
(a) No person shall cause or allow any earth disturbing activities on any development area except in compliance with the standards and criteria set forth in this Title, and particularly Chapter 1154 hereof.
(b) In their interpretation and application, the provisions of this Title shall be held to be minimum requirements. Wherever this Title differs in degree of restrictiveness from other provisions of law or from other rules and regulations or titles, the more restrictive provisions shall govern.
(Ord. 277(22-23). Passed 6-15-23.)
1151.06 DISCLAIMER OF LIABILITY.
Neither submission of a plan under provisions of this Title nor compliance with provisions of this Title shall relieve any person from responsibility for damage to any person or property otherwise imposed by law, nor impose any liability upon the City of Marietta or its representatives for damage to any person or property.
(Ord. 277(22-23). Passed 6-15-23.)
1151.07 SEVERABILITY.
If any clause, section, or provision of this Title is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 277(22-23). Passed 6-15-23.)
1151.08 EFFECTIVE DATE.
This Title shall become effective at the earliest moment permitted by law following adoption by the Council of the City of Marietta.
(Ord. 277(22-23). Passed 6-15-23.)
1152.01 INTERPRETATION OF WORDS AND TERMS.
For the purpose of this Title certain rules of word usage apply to the text as follows:
(a) Words used in the present tense include the future tense, and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.
(b) The word “shall” is always mandatory and not discretionary; the word “may” is permissive.
(c) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
(d) The word “structure” includes the word “building.”
(e) Any word or term not interpreted or defined by this article shall be used with a meaning of common or standard usage, so as to give this Title its most reasonable application. (Ord. 20(24-25). Passed 2-15-24.)
1152.02 DEFINITIONS.
As used in this Title the following terms shall have the following meanings:
(a) "Accelerated Water Erosion" means the wearing away of the land surface by water, occurring at a much more rapid rate than geologic or normal erosion, primarily as a result of the influence of theactivities of humans.
(b) "Bench" means a shelf-like area with steep slopes above and below.
(c) "Bond" means a legal instrument that specifies that funds are being held in escrow in accordance with standard bonding conditions by a State approved bonding institution or by the City of Marietta as required from developers to assure compliance with these provisions.
(d) "Channel" means a natural or artificial watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.
(e) "Channel Erosion" means the erosion process in which the volume and velocity of a concentrated flow wears away the bed and banks of a well-defined channel.
(f) "Common Plan of Development" means a site where multiple separate and distinct construction activities may be taking place. Examples include:
(1) Phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a Subdivision development where lots are sold to separate builders);
(2) A development plan for a rural infrastructure project that may be phased over multiple years and is under a consistent plan for long-term development (e.g., a project that is designed to be built over several years, however funding is available for those phases on a year-to-year basis);
(3) Projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining development permitting requirements.
(g) "Concentrated Stonn Runoff' means surface runoff that converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewer and that exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(h) "Construction and Demolition Debris" means those materials that result from the alteration, construction, destruction, rehabilitation, or repair of any man-made structure, including but not limited to, houses, buildings, industrial or commercial facilities, or roadways. Concrete, asphalt, brick, and stone are excluded from this definition.
(i) "Critical storm" means a theoretical storm event, calculated on the basis of the percentage increase in runoff volume expected to be caused by development of an area and used to determine the maximum allowable rate of stonnwater discharge from the development area. The calculation procedure is detailed in Section 1154.04(f).
(j) "Denuded Area" means a portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed, or covered and which may erode.
(k) "Detention structure" means runoff enters an area of detention faster than it leaves. It occurs in depressions, the natural landscape, or constructed basins. While detention can be designed into ponds with or without a pennanent pool, dry ponds often are referred to as detention ponds.
(l) "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect the development of land for commercial, industrial, residential, or other nonfarm purposes, including the subdivision thereof, whether for himself or for another.
(m) "Development" means any subdivision of land; any construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any excavation, filling, or land disturbance; and any extension or expansion of the use of land commenced on or after the effective date of this Title.
(n) "Development area" means any contiguous area operated as one development unit and being developed for any non-farm purpose in a manner that will involve earth disturbing activity.
(o) "Ditch" means an open channel, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
(p) "Dumping'' means grading, pushing, piling, throwing, unloading, or placing of soil or· debris.
(q) "Earth disturbing activity" means any stripping of vegetation, grading, excavating, filling, or other alteration of the earth's surface in which natural or man-made ground cover is destroyed and which may result in or contribute to slope instability, erosion, sediment pollution, and/or accelerated runoff.
(r) "Earth material" means soil, sediment, rock, sand, gravel, and only that organic material or residue that is naturally associated with or attached to the soil.
(s) "Engineer" means a professional civil engineer authorized to practice engineering in the State of Ohio. As used in this title, "City Engineer" means an engineer or engineering firm employed by or contracted by the Director of Public Safety and Service of the City of Marietta, Ohio, and/or any designee or designees in accordance with the Ohio Revised Code. as a
(t) “Erosion" means the process by which the land surface is worn away by the action of water, wind, ice, or gravity.
(u) "Erosion Control Practices" means temporary and permanent conservation measures used to minimize soil loss.
(v) "Farm" means land or water devoted to agriculture. Farm or Agricultural Activities:
(1) Farming;
(2) Ranching;
(3) The production or cultivation of agricultural or horticultural commodities including, without limitation, field crops, tobacco, fruits, vegetables, mushrooms, timber, nursery stock, ornamental trees, sod, or flowers;
(4) Animal or poultry husbandry and the production of poultry and poultry products, livestock, equine or forbearing animals, and wildlife, including raising, breeding, shearing, grazing or other feeding;
(5) Dairy production;
(6) Beekeeping and related apiarian activities and the production of honey, beeswax, honeycomb, and other related products;
(7) Viticulture, winemaking, and related activities;
(8) On-site storing, handling, and processing incidental to the production of the foregoing agricultural or horticultural products and commodities; however, control of the runoff or leaching of nutrients from wastes must be practiced in accordance with all Federal, state, and local requirements.
(w) "Fill" means unconsolidated earth material that is placed or removed to a new location on the land surface by human beings.
(x) "Frequency year storm" means a rainfall event of a specified magnitude with a specified average recurrence interval that is calculated with Natural Resources Conservation Service Type II twenty-four hour curves or depth duration frequency curves.
(y) "Geologically Sensitive Area" means any area that, because of geologic, hydro logic, and/or topographic conditions, is likely to be subject to the downward movement of soil and/or rock masses referred to as slope failure or landslip, and that thus has the potential of having significant negative effect on public health, safety, or welfare.
(z) "Grade." See Slope.
(aa) "Grading" means earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(bb) "Grubbing" means removing, clearing or scaling material such as roots, stumps or sod.
(cc) "Highly erodible soil" means a portion of the land surface that is very susceptible to erosion forces and is characterized by a high soil erodibility factor or by steep or long slopes.
(dd) "Interceptor ditch" means a channel excavated at the top of cut or fill slopes, at the foot of slopes, or at other critical places to intercept surface flow; a catch drain; also called an interceptor channel.
(ee) "Land development plan" means a written and/or drawn plan or strategy to minimize the potentially negative effects of slope instability, erosion, sediment pollution, and/or accelerated storm water runoff that may result from earth disturbing activities on a development area.
(ff) "Landslip" means the mass movement of soil and rock material downhill under the influence of gravity.
Landslip/Soil Slippage potential categories (see Appendix A for identification):
(1) None to slight - soil properties indicate that the development of this site is not generally limited by the potential for landslips, and any limitation of this nature should be easily overcome.
(2) Medium - Soil properties indicate that development of this site is generally limited by the potential for landslips/soil slippage, and that special planning, design, and/or
(3) Maintenance are needed to overcome or minimize that limitation. Such condition requires prior approval of any land development plan.
(4) High - Soil properties indicate that development of this site is limited by the potential for landslips/soil slippage, and that special planning and design, are required to overcome or minimize that potential. Increases in construction costs and/or increased maintenance may be expected. Such conditions require approval of a Land Development Plan.
(Note that, because of the scale of mapping, there may exist significant limitations on the accuracy of these classifications when applied to individual parcels; professional evaluation of individual sites is required to resolve questions.)
(gg) "Larger Common Plan of Development" means a contiguous area where multiple separate and distinct constrnction activities are occurring under one plan.
(hh) "Outfall" mean an area where water flows from a structure such as conduit, storm sewer, orimproved channel or drain, as well as the area immediately beyond the structure that is impacted by the velocity of flow from the structure.
(ii) "Owner" means any person seized of a freehold estate in land, except that persons holding easements are not included within such meaning.
(jj) "Pavement" means a continuous land surface covering of asphalt, concrete, gravel, or brick.
(kk) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, or state agency, the federal government, or any combination thereof.
(ll) "Qualified professional person" means an individual who is, by education and/or licensing, a practicing member of a recognized earth and soil sciences profession. This category includes, but is not limited to, civil engineers, engineering geologists, hydro geologists, and geotechnical engineers. Soil retention structures and storm water control facilities must be designed by a professional civil engineer. Storm water designers must be civil engineers.
(mm) "Retaining Wall" Any marnnade structure that is designed and/or construction to retain (hold back) any material (usually earth) and prevents it from slipping/sliding or eroding away. Any retaining wall over six-feet in height or any wall supporting a structure, roadway, or utility shall be designed to a factor of safety of a minimum of 1.5 as determined by a two-dimension analysis. All retaining walls shall be designed by a professional civil engineer whose area or practice qualifies them to perform retaining wall design. Retaining walls shall be maintained by the owners of structures, roadways, utilities, etc. that the wall supports/retains/protects.
(nn) "Retention structure" means a permanent water control structure for the temporary storage of runoff above the normal level of a permanent pool. Detention may be underground structures designed for protection of ground water, drinking water, and for ease of maintenance. Designs must meet industry standards.
(oo) "Runoff' means water that travels over the ground surface to a channel.
(pp) "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth's surface.
(qq) "Sediment basin" means a facility created when a barrier is built across an area of water flow to retard the flow and thereby to cause sediment to settle out of suspension and be retained.
(rr) "Sediment control" means the limiting of sediment transport by preventing erosion, filtering sediment from water, or detaining sediment laden water allowing sediment to settle out.
(ss) "Sediment filter" means a sediment control device such as a silt fence, a straw bale barrier, or a filter strip, that is usually capable of controlling only small flow rates. Vortex/Hydrodynamic separators shall only be considered as a last resort for treatment and may only be considered when approved by the City Engineer.
(tt) "Sediment pollution" means failure to use management or conservation practice to abate wind orwater erosion of the soil or to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other nonagricultural purposes.
(uu) "Settling facility" means a runoff detention structure, such as a sediment basin or a sediment trap, that detains sediment-laden runoff in order to allow sediment to settle out.
(vv) "Sheet flow" means overland water runoff in a uniform layer.
(ww) "Slope" means the inclination of the land surface from the horizontal. It is the change in elevation of the land surface over a given horizontal distance, and, for the purposes of this Title, may be stated as percent of degrees of slope. (See Section 1155.02, Figure 3).
(xx) "Slope, cut" means a portion of the land surface from which earth materials are excavated, leaving a surface at an angle to the horizontal. (See Section 1155.02, Figure 2.)
(yy) "Slope, fill" means a portion of the land surface upon which earth materials are deposited for thepurpose of building up the level of an area of ground, the resultant surface of which lies at an angle to the horizontal. (See Section 1155.02, Figure 2.)
(zz) "Sloughing" means a landslip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.
(aaa) "Soil" means unconsolidated erodible earth material consisting of minerals and/or organic matter.
(bbb) "Soil loss" means soil moved from a site by the forces of erosion and redeposited at another site on land or in a body of water.
(ccc) "Soil stabilization" means vegetative or structural soil cover controlling erosion that includes permanent and temporary seed, mulch, sod, pavement, etc.
(ddd) "Stockpile" means soil deposited for use for a future purpose.
(eee) "Storm :frequency” means the average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(fff) "Stormwater control structure" means a device used to control accelerated stormwater runoff from development areas.
(ggg) "Stormwater conveyance system" means all storm sewers, channels, streams, ponds, lakes, and the like used for conveying concentrated stormwater runoff or storing sto1mwater runoff.
(hhh) "Stormwater management" means the control of runoff water in such a way that it is safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
(iii) "Stream" means a system including permanent or seasonally flowing water, a defined channel, flood plain, and riparian ecosystem. Streams have no defined size range, but generally are considered smaller than rivers.
(jjj) Subdivision. (Ohio Revised Code Section 711.001)
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the following are exempt:
A. A division or partition of land into parcels of more than five acres not involving any new streets or easements of access;
B. The sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites;
C. If the planning authority adopts a rnle in accordance with section 711.133 of the Ohio Revised Code that exempts from division (B)(l) of section Ohio Revised Code Section 711.011 any parcel of land that is four acres or more, parcels in the size range delineated in that rule.
(2) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation ofland for the opening, widening, or extension of any public or private street or streets, except private streets serving industrial structures, or involving the division or allocation ofland as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage, or other similar facilities.
(kkk) "Terrace, drainage" means an embankment, or ridge, constructed across a sloping land surface on the contour or at a slight angle to the contour to allow water to flow slowly toward a prepared outlet.
(lll) “Unstable soil" means a portion of the land surface or area that is prone to sloughing or landslips.
(mmm) "Watercourse" means a natural or man-made channel through which water flows either intermittently or continually.
(nnn) "Water resource" means all streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems, and all other bodies or accumulations of surface water, natural or artificial, that are situated wholly or partly within, or border upon, this State, or are within its jurisdiction, except those privatewaters that do not combine or effect a junction with natural surface water.
(ooo) "Watershed" means an elevated boundary area separating tributaries draining into different water courses.
(Ord. 20(24-25). Passed 2-15-24.)
1153.01 ENFORCEMENT.
(a) It shall be the duty of the City Engineer to enforce this Title. All departments, officials, and public employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for any use, building, or purpose in conflict with the provisions of this Title. Any permit or license issued in conflict with the provisions of this Title, or obtained by fraud, shall be null and void.
(b) The City Engineer may employ any available federal, state, or other source of geologic, hydrogeologic, soils, slope, or vegetational data as well as information on previous nearby slope failures, in order to determine the landslip/soil slippage potential category of any land proposed for development. The City Engineer shall state in writing the source or sources of information on which such designation is based. (See Section 1155.01, Appendix A.)
(Ord. 279(22-23). Passed 6-15-23.)
1153.02 DEVELOPMENT REQUIRING PRIOR APPROVAL OF PLANS.
Any development that falls into any of the following categories requires approval of a Land Development Plan by the City Engineer prior to commencement of any earth-disturbing activity. The content of a Land Development Plan and the procedure for its submission and approval are set forth in Sections 1153.03 through 1153.07 of this Title.
(a) Development Located in a Zone of Medium or High Landslip/Soil Slippage Potential. Whenever any development is proposed for a parcel of land, regardless of size, that is located within a zone of medium or high landslip/soil slippage potential (see Section 1152.02(ff) “Definitions” and Section 1155.01, Appendix A), the developer shall submit a Land Development Plan that evaluates that potential and describes how the applicant will minimize the negative impact of development of slope stability.
This requirement for prior approval of a development plan shall not apply to the following:
(1) Additions of no more than one hundred percent (100%) to the floor area of an existing single-family dwelling or an accessory structure;
(2) Individual cemetery graves;
(3) Excavations for wells;
(4) Borings and other exploratory excavations under the direction of a geologist or soil engineer;
(5) New accessory structures for a single-family dwelling not to exceed one hundred percent (100%) of the floor area of the existing dwelling.
(6) Repair of existing utility lines and/or facilities.
(b) Development to Affect Stream Channel. Whenever a development is proposed that will affect one or more stream channels, the developer shall submit a Land Development Plan that describes the proposed effect on the channel and the flow of water in the channel and demonstrates how such effect will be compensated for.
(c) Development Area Disturbing One Acre or More or Within A Common Plan of Development. Whenever a proposed development area consists of one acre or more, and earth disturbing activities are proposed for the whole area or any part thereof, the developer shall submit a plan prepared and certified by a Professional Civil Engineer for slope stability maintenance, for water quality, management, and for erosion and sediment pollution control.
(Ord. 279(22-23). Passed 6-15-23.)
1153.03 DEVELOPMENT NOT REQUIRING PRIOR APPROVAL OF PLANS.
(a) Development areas of less than one acre of earth disturbed area need not receive prior approval of a development plan as required under this Title if:
(1) The development area is not located in a zone of medium or high landslip/soil slippage potential, or
(2) The development will not alter a natural watercourse or the flow of water therein. However, such development shall meet the Development Standards set forth in Chapter 1154 of this Title, or
(3) The development is not located within a Common Plan of Development.
(b) However, such development shall meet the Development Standards set forth in Chapter 1154 of this Title. (Ord. 279(22-23). Passed 6-15-23.)
1153.04 PROCEDURE FOR PLAN SUBMISSION AND REVIEW.
(a) In any situation in which, under Section 1153.02, approval of plans is required prior to development, it shall be unlawful to perform any earth disturbing activity until such plans shall have been approved by the City Engineer in accordance with this Title.
(b) Land Development Plans shall be filed in duplicate with the City Engineer. Upon final approval of the plans by the City Engineer, one copy of the approved plans shall be returned to the applicant and one retained by the City.
(c) Within forty-five (45) calendar days of the receipt of a complete Land Development Plan that has been filed in full compliance with all applicable requirements of this Title, the City Engineer shall act to approve or disapprove the plan. The City Engineer shall state approval or disapproval to the applicant in writing. Statement of disapproval shall include the reason therefor and shall identify the plan deficiencies and shall state the procedures for filing a revised plan.
(d) The City Engineer may issue a Temporary Permit, not to exceed thirty (30) days in term, to perform earth disturbing activities in accordance with his approval of a partial Development Plan.
(e) After the City Engineer has given final approval to a Development Plan, any subsequent changes shall be approved by him. The City Engineer may require requests for changes to be submitted in writing and to be accompanied by appropriate drawings. Such changes shall not be undertaken by appropriate drawings. Such changes shall not be undertaken without the City Engineer’s prior written approval based upon their conformity to the requirements of this Title. (Ord. 279(22-23). Passed 6-15-23.)
1153.05 PLAN CONTENT.
If a proposed development will be located in a zone of medium or high landslip/soil slippage, potential, will affect a stream channel, or will consist of more than one acre of earth disturbed area or within a Common Plan of Development and will, therefore, under Section 1153.02 require approval of development plans prior to commencement of earth disturbing activities, those plans shall contain, at a minimum, the information that is specified below, as applicable. The City Engineer shall have the right to require any additional information deemed necessary to determine compliance with the requirements of this Title, and
shall also have the right to waive individual informational requirements.
(a) All plans shall include the following:
(1) Names, addresses, and telephone numbers of the property owner(s) and his representative(s), the applicant (if other than the owner), the qualified professional person(s) who prepared the plan(s), and the person(s) who will be responsible for the development area.
(2) Certification by the qualified professional person(s) who prepared the plan(s) that the project as proposed has been designed using sound, prudent engineering practices to meet all applicable requirements of this Title.
(3) Certification by the property owner or his representative that all development will conform to the plan for the development area submitted to and approved by the City Engineer in accordance with the terms of this Title.
(4) Title, scale, direction, legend, dates of all maps and revisions, and dates of all fieldwork and reports. Maps shall be drawn to a scale of no less than one (1) inch to one hundred (100) feet and shall have dimensions no larger than 22 x 34 inches. Maps may be combined, so long as all required information is clearly depicted.
(5) Proposed construction sequence and time schedule for all earth-disturbing activities and for all permanent and temporary measures proposed to minimize the potentially negative effects thereof.
(6) With respect to existing conditions:
A. A map showing the existing topography of the development area and of adjacent land within one hundred (100) feet of its boundaries. A topographic map shall use a contour interval appropriate to portray clearly the surface conformation and drainage pattern of the area.
B. A description of the predominant soil types, their distribution, and their limitations for the proposed use as identified in Natural Resource Conservation Service Web Soil Survey for Washington County, OH.
C. A map showing the location of existing buildings and other structures and their uses; utilities; permanent, intermittent, and ephemeral streams (material composition of beds to be identified); water bodies; drainage facilities; vegetative cover, areas of pavement or other artificial cover (streets, roads, driveways, parking areas, sidewalks, and the like); and other significant natural or man-made features on the development area and adjacent land within one hundred (100) feet of its boundaries.
D. A vicinity map at a scale of not less than one (1) inch to two thousand (2000) feet showing the development area in relation to existing roads and nearest existing thoroughfares and permanent streams.
(7) With respect to proposed development activities:
A. A grading plan showing the location, slope, cut, fill, and finish elevation of the surfaces to be grades. (For filling projects results of laboratory and field density analyses shall be submitted once the fill has been tested).
C. A site plan of the proposed development showing:
1. Buildings and other structures.
2. Utilities and location of installation.
3. Paved areas.
4. Makeup of surface soil (upper six (6) inches) on areas not covered by buildings, structures, or pavement. Description shall be in such terms as, but not limited to, original surface soil, subsoil, sandy, heavy clay, stony.
5. Type of cover on areas not covered by buildings, structures, or pavement. Description shall be in such terms as, but not limited to, lawn, turfgrass, shrubbery, trees, forest cover, riprap, mulch.
(b) Plans for Development in Landslip/Soil Slippage Potential Areas or that Affect Stream Channels: Plan for the proposed development areas of all sizes in zones identified by the City as having medium or high landslip/soil slippage potential or development that will affect stream channels shall include, in addition to items specified in Section 1153.05(a) above, an evaluation of land stability and a description of measures proposed to minimize negative effects of development. Such evaluation shall be based upon site-specific, on-site investigation by a qualified professional and shall include the following information as deemed applicable by the City Engineer:
(1) A statement of the identity, condition, strength, and distribution of existing bedrock and soils, an assessment of the effects of geologic conditions on the proposed development, a stability analysis, recommendations for grading and slope protection based on such analysis, data from soil borings, as well as a map of the locations of borings and of predominant soil types and their distributions.
(2) Hydrological characteristics of the surface and subsurface and their relation to the ability of the subject parcel to support the proposed development and recommendations for grading, control of surface and subsurface water, and slope protection.
(3) The identity, condition, and distribution of existing vegetative cover (trees and other plants) an assessment of their effect on drainage and erosion, and recommendations for clearing and planting.
(4) Location and description of off-site but related areas identified by the City as being of moderate to severe landslip potential that may affect or be affected by the proposed development.
(5) The plan shall be prepared and certified by a Professional Civil Engineer. Any retaining wall over six-feet in height, or any wall supporting a structure, roadway, or utility shall be designed to a factor of safety of a minimum of 1.5 as determined by a two-dimension analysis. All retaining walls shall be designed by a professional civil engineer whose area of practice qualifies them to perform retaining wall design. Retaining walls shall be maintained by the owners of the structures, roadways, utilities, etc. that the wall support/retains/protects.
(c) Plans for Development Area Disturbing One Acre or More or Within A Common Plan of Development: Plans for development area disturbing one acre or more shall include, in addition to information required in Section 1153.05(a), (b), above, a stormwater management plan to show how the runoff will be transported from the site, stored, treated and released into receiving waters. This plan shall include the following:
(1) Location of the area and its relation to its general surroundings, including:
A. A drainage analysis.
B. Identification and description of offsite areas susceptible to sediment deposits or to erosion caused by accelerated runoff.
C. Identification and description of offsite area that may pose runoff and erosion problems for the development area.
(2) Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and stormwater management. Quality, volume and velocity of flow must be given for all surface water and conveyances and outlets.
(3) Results of computations of runoff and volumes prior to and following proposed development, as prescribed in Section 1154.04(f).
(4) Location and design of all stormwater, treatment, conveyance, detention, and retention structures Vortex/Hydrodynamic separators shall only be considered as a last resort for treatment and may only be considered when approved by the City Engineer.
(5) To ensure the continued functioning of storm water control facilities, the following information shall be identified to the satisfaction of the City Engineer.
A. The name, address, and 24-hour telephone number(s) of the person or entity responsible for continued maintenance of the stormwater control structure and the mechanism establishing responsibility.
B. Maintenance requirements and schedules.
C. Permanent access and access easements required to perform inspection and maintenance of storm water control structures and stormwater conveyance systems.
(Ord. 279(22-23). Passed 6-15-23.)
1153.06 PERMITS AND FEES.
(a) Each application for the issuance of a permit for a development requiring a Land Development Plan shall be accompanied by a fee payable in cash or by check to the City of Marietta according to the following schedule:
(1) Two thousand five hundred dollars ($2,500) for the first acre and six hundred fifty dollars ($650.00)/acre for the remaining acres with a maximum fee of five thousand dollars ($5,000.00).
(b) In addition to the fees set forth above, the City Engineer before issuing such permit shall charge and collect a penalty in every case where work or development otherwise covered by this Code has actually commenced prior to the issuance of a permit according to the schedule given below.
(1) For developments involving one acre or less the penalty shall be one thousand dollars ($1,000.00).
(2) For developments involving more than one (1) acre but less than five (5) acres the penalty shall be two thousand five hundred dollars ($2,500.00).
(3) For developments involving five (5) or more acres the penalty shall be ten thousand dollars ($10,000).
(Ord. 279(22-23). Passed 6-15-23.)
1153.07 GUARANTEES FOR COMPLETION OF WORK.
All persons proposing development to affect five (5) acres or more shall be required to furnish a bond in the form of a letter of credit, cash on deposit, traditional bond, or other pledging of securities, as deemed adequate by the City Engineer, to be retained by the City of Marietta until completion of construction of those measures identified in the plan submitted to the City of Marietta as being necessary to assure compliance with the provisions of this Title. The amount of the bond shall be determined by the City Engineer.
(Ord. 279(22-23). Passed 6-15-23.)
1153.08 INSPECTION TO ENSURE COMPLIANCE.
The City Engineer or his/her representative has the authority to enter into and inspect all development areas, in order to determine compliance with these regulations. If the City Engineer or his/her representative determines that a violation of these regulations exists, the property owner or his representative shall be notified of the deficiencies or noncompliance by means of certified mail, personal service or by any other means as deemed sufficient by the City Engineer. Such notification shall describe the deficiency or noncompliance and shall specify a date by which compliance shall be accomplished. If the noncompliance pertains to land development that is underway, the City Engineer may also issue to the property owner or
his representative a written order to cease and desist the development.
(Ord. 279(22-23). Passed 6-15-23.)
1153.09 APPEALS.
(a) Where circumstances are exceptional and justice requires the City Planning Commission shall have the power to authorize such variances from the terms, provisions, or requirements of these regulations as will not be contrary to the public interest. Such variances shall be authorized only where the Planning Commission explicitly finds, beyond reasonable doubt that each of the following facts and conditions exists:
(1) “Practical difficulty or undue hardship”. Because of exceptional or extraordinary conditions pertaining to a specific piece of property, a literal enforcement of these regulations will result in practical difficulty or undue hardship that is unnecessary to the achievement of public purposes.
(2) “Exceptional circumstances”. The exceptional or extraordinary conditions that occasion the request for a variance are peculiar to the property in question and are not applicable generally to other properties of the same landslip potential or size category.
(3) “Equal rights”. Granting of the requested variance will not confer on the appellant any special privilege that is denied to other properties in the same landslip potential or size category, while literal interpretation of these regulations would deprive the appellant of rights commonly enjoyed by other properties of the same landslip potential or size category.
(4) “Minimum variance”. The variance granted is the minimum variance required to make possible the reasonable development of the land.
(5) “Absence of detriment”. The authorizing of such variance will not result in substantial detriment to the property being developed or to other properties and will be in harmony with the general intent and purpose of these regulations and with the public interest.
(6) “Not of a general nature”. The special condition of the property that creates the hardship or difficulty is specific to that property and is not of so general or recurrent a nature within the jurisdiction of the City of Marietta as to make reasonably practicable the formulation of a general regulation to apply to such condition or situation.
(b) A petition for a variance shall include all of the material required in Section 1153.05 “Plan Content” as well as a written statement in the terms of paragraph (a) of this Section of the reasons for requesting a variance. Such petition shall be filed with the City Planning Commission, which shall fix a reasonable time for a hearing, shall give thirty (30) days public notice, as well as written notice to owners of adjacent properties. Where the request for variance involves any alteration of a watercourse or stream or the flow of water therein, written notice shall also be conveyed to the owners of the three (3) next lower riparian properties under wholly different ownership. Each petition shall be accompanied by a fifty dollar ($50.00) fee payable in cash or by check to the City of Marietta. At the hearing, any person may appear in person or be represented by authorized agent or attorney. Such agents or attorneys shall present competent evidence of the extent of their authorization. All witnesses shall testify under oath. The Planning Commission shall decide the request within 45 days following the hearing.
(Ord. 114(00-01). Passed 9-21-00.)
(Ord. 114(00-01). Passed 9-21-00.)
(c) In authorizing a variance, the City Planning Commission may attach thereto such conditions regarding the location, character, and other features of the proposed developments as it may deem necessary in the furtherance of the purposes of these regulations and in the public interest. If the Planning Commission attaches conditions to a variance, it may request the City Engineer to require such evidence, guarantee, bond, surety, or security as he may deem necessary to enforce compliance with such conditions.
(d) Should a variance be granted there shall be a twenty dollar ($20.00) fee payable in cash or by check to the City of Marietta for the issuance of a Certificate of Variance.
(e) In exercising its power, the Planning Commission may, in conformity with the provisions of statute and of these regulations, reverse or affirm, wholly or partly, or may modify the variance and or its conditions, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken.
(f) Any person or persons, jointly or severally aggrieved by any decision of the City Planning Commission with respect to the granting or denial of a variance requested under this section, or any taxpayer, may present to the Court of Common Pleas of Washington County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision with the Clerk of the City Planning Commission.
(Ord. 246(98-99). Passed 12-31-99.)
1153.10 VIOLATIONS; PENALTIES AND REMEDIES.
(a) Violation of the provisions of this Title or failure to comply with any of its requirements shall constitute a minor misdemeanor for the first five (5) days that such violation exists. The court of competent jurisdiction may levy a fine of up to one hundred fifty dollars ($150.00) per day for each day thereafter that the violation exists. Each day such violation continues shall be considered a separate offense.
(c) Nothing herein contained shall prevent the City of Marietta from taking such other lawful action as is necessary to prevent or remedy any violation. Any Developer who receives a Notice of Violation for any project in the City is excluded from participating in future City contracts until the violation has been corrected.
(d) Individuals or firms who are involved with projects that violate the requirements of Land Development Ordinances may be excluded from performing design and/or inspection of projects within the City.
(Ord. 279(22-23). Passed 6-15-23.)
1154.01 MINIMUM STANDARDS.
(a) The standards stated in this chapter are minimum requirements. Practices used to satisfy these standards shall meet or exceed all of the technical standards and specifications for measures for soil stabilization, runoff control, and sediment and erosion control detailed in Rainwater and Land Development: Ohio’s Standards for Stormwater Management, Land Development and Urban Stream Protection, which is incorporated herein by reference, as well as additional criteria as stated herein.
(b) No new development shall be undertaken except in compliance with the standards and criteria set forth in this Title.
(Ord. 280(22-23). Passed 6-15-23.)
1154.02 GENERAL PRINCIPLES OF DESIGN AND CONSTRUCTION.
All development shall be planned and executed so as to:
(a) Avoid unnecessary earth-disturbing activity;
(b) Be fitted to the terrain in such a way as to preserve natural topographic features and vegetative cover insofar as possible and to minimize change to existing contours;
(c) Confine earth-disturbing activities to the least sensitive areas of the property;
(d) Minimize the extent of paved areas;
(e) Avoid acceleration of runoff; and,
(f) Preserve natural drainage systems. (Ord. 280(22-23). Passed 6-15-23.)
1154.03 SLOPE DESIGN AND GRADING REQUIREMENTS.
When determining appropriate grading and sloping stabilization measures, consideration shall be given to length and steepness of slope, soil type, unsloped drainage area, groundwater conditions and proposed land use. Technical standards and specifications for measures to be taken to meet the following criteria are found in the current version of the EPA NPDES General Permit For Construction Site Storm water and Rainwater and Land Development: Ohio 's Standards for Stormwater Management, Land Development and Urban Stream Protection.
(a) Unstable Lands. Wherever the geologic stability of natural or man-made slopes may be threatened by new development, the developer shall take protective measures, including but not limited to retention structures and/or the setbacks described in Section 1154.03(b)(3), to stabilize such slopes both within and, with the approval of the appropriate landowner, outside of the development area, in order to protect the public health, safety, and welfare.
Lands identified by the City of Marietta as having a medium or high landslip/soil slippage potential shall not be graded, excavated, or filled or have loads imposed upon them unless the work is done in accordance with a stability analysis and development plan prepared and certified by a Registered Professional Engineer, as prescribed in Section 1153.05 "Plan Contents"
(b) Cut and Fill Slopes. Cut and fill slopes shall be designed, constructed, and maintained in a manner that will maximize stability and minimize erosion. Consideration shall be given to length and steepness of slope, soil type unslope drainage area, and groundwater conditions when determining appropriate drainage management and slope stabilization measures. The following standards and specifications are in addition to those stated in the current version of Rainwater and Land Development: Ohio’s Standards for Stormwater Management, Land Development and Urban Stream Protection.
(1) Rock or similar irreducible material with a maximum dimension greater than eight (8) inches, organic materials, and construction and demolition debris shall be prohibited from fills, unless such fills are intended and approved by the City as mass rock fills or disposal fills.
(2) Fills shall be compacted to a density that is appropriate for the intended use. That density shall be determined by laboratory analysis of the fill material prior to its placement. Field density shall be determined by a recognized standard procedure as approved by the City Engineer. Results of any required laboratory and field density analyses shall be filed with the City; and
(3) The horizontal distance from the top and from the toe of an existing or proposed unrestrained cut or fill slope to the nearest existing or proposed structure, property line, or paved surface shall be at least one-half (½) the vertical height of the cut or fill, unless the City Engineer shall approve a different distance as appropriate based upon local geology or character of materials. (See Section 1155.02, Figure 1.)
(4) There shall be a minimum two percent (2%) surface grade from all buildings.
(Ord. 280(22-23). Passed 6-15-23.)
1154.04 WATER MANAGEMENT.
All development shall include provision for safe and efficient removal of surface and subsurface waters from the site. Technical standards and specifications for measures to be taken to meet the following criteria are found in the current version of the EPA NPDES General Permit For Construction Site Stormwater and Rainwater and Land Development: Ohio's Standards for Stormwater Management, Land Development and Urban Stream
Protection.
(a) Drainageways to Remain Clear of Obstruction. Except for stormwater control facilities approved by the City, no new temporary or permanent structure to fill and no storage of materials or equipment (other than watercraft) shall be permitted within the channels or floodways of permanent or intermittent streams, drainage ditches, or any other drainage facility or system, unless the developer submits an engineering analysis that demonstrates:
(1) That such development will not impair the capacity of such facility or system, either by itself or by catching or collecting debris carried by flowing water.
(2) That such structures, materials, or equipment will not be subject to damage by flowing water or materials carried by flowing water at velocities likely to be encountered during floods; and,
(3) That no such structure or material or equipment shall be susceptible to being entrained and transported by flowing water, thereby to pose a threat to downstream property.
(b) Ponds Less Than 4,000 Square Feet. Ponds with a surface area less than 4000 square feet are exempt from the prohibitions in Section 1154.02. Ponds with surface area greater than 4000 square feet are exempt from the prohibitions of Section 1154.02 provided the design is inspected and approved by the City Engineer.
(c) Disposal of Stormwater. All drainage facilities shall be designed and maintained to carry surface and/or subsurface waters to the nearest practical storm drain or natural watercourse approved by the City as a safe place to deposit such waters. Concentrated stormwater shall not be allowed to flow down the face of a slope unless it is contained within an adequate channel, flume, or slope drain structure with approved energy dissipation. The grade of drainage facilities shall be sufficient to maintain sediment in suspension.
(d) Stormwater Structures to be Related to Downstream Discharge Facilities. Stormwater retention and detention structures and drainage facilities shall be designed and maintained so as not to overload downstream discharge facilities.
(e) Erosion and Flood Control in Outfalls and Channels. Storm outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post development, twenty-five-year frequency, 24-hour duration storm without eroding or flooding. Where such conduits may cross unstable slopes or slopes capable of becoming unstable with the addition of significant water, the conduits shall be lined with a water- resistant material.
(f) Storm water Control for Development Areas Disturbing One Acre or More or Within a Common Plan of Development. Shall meet the requirements for earth disturbed area (EDA) as described in the current edition of the EPA NPDES General Permit For Construction Site Stormwater. To control stream channel erosion and sediment pollution caused by increased storm water runoff rates and volumes, storm water rnnoff from development areas shall be restricted so that development does not increase peak runoff rates so that any increase in runoff volume consequent to development is compensated for by a reduction in runoff rates, as follows:
(1) Development shall not increase rate of runoff. The peak rates of runoff from any area following development shall be no greater than the peak rates of runoff from equivalent-size storms in the same area prior to that development for all twenty-four (24) hour storms from one-to-one-hundred-year frequency. Design and development to match the peak rate of runoff for the one-, five-, ten-, twenty-five-, fifty-, and one-hundred-year storms shall be considered adequate to meet this standard.
(2) Increase in volume of runoff requires reduction in rate of runoff. If the volume of runoff from an area is projected to be greater after development than before development, the volume increase shall be compensated for by reducing the peak rate of runoff from the critical storm and all more frequent storms occurring on the development area to the peak rate of runoff from a one-year-frequency, twenty-four-hour storm occurring on the same area under pre-development conditions.
For storms of less frequent occurrence (longer return periods) than the critical storm, up to the one-hundred-year storm, development need only comply with paragraph (f)(1) above.
The critical storm for a specific development area is determined as follows:
A. Calculate the total volumes of runoff from a one-year-frequency, twenty-four hour storm occurring on the development area both before and after development.
B. From the volumes calculated in paragraph (2)A. above, calculate the percent increase in volume of runoff that will result from the proposed development. Using this percentage, select the appropriate critical storm from the following table:
Percentage Increase in “Critical Storm”
Volume of Runoff Discharge Limitation
(at least) (but less than)
00 10 1 year
10 20 2 years
20 50 5 years
50 100 10 years
100 250 25 years
250 500 50 years
500 (or more) 100 years
(3) Points at which runoff is to be calculated. The requirements of this Section for runoff rates and volumes shall be satisfied at each location where runoff leaves the development area.
(4) Points at which runoff is to be calculated. The requirements of this Section for runoff rates and volumes shall be satisfied at each location where runoff leaves the development area.
(5) Access easements. Permanent access and access easements, a minimum of 20-feet wide, shall be provided to allow inspection and maintenance of stormwater control structures and stormwater conveyance systems.
(g) Drainage Facility Design. Where a development area is large enough to require the preparation of a drainage analysis, all drainage facilities shall be designed by a professional engineer in accordance with their commendations of that analysis.
(Ord. 280(22-23). Passed 6-15-23.)
1154.05 EROSION AND SEDIMENT CONTROL.
The potential for sediment pollution of water resources shall be addressed both by minimizing erosion at the development site and by filtering development site runoff to remove suspended sediment. Technical standards and specifications for measures to be taken to meet the following criteria are found in the current version of the EPA NPDES General Permit For Constrnction Site Stormwater and Rainwater and Land Development: Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection.
(a) Minimization of Erosion During Development.
(1) Denudation and temporary stabilization.
A. Only the minimum necessary part of the total development area shall be denuded at any one time.
B. Temporary soil stabilization treatment shall be applied within seven (7) days following rough grading of denuded areas that will remain dormant (undisturbed) for longer than fourteen (14) days. All necessary steps shall be taken to condition the soil to promote proper vegetative growth. Disturbed areas within fifty (50) feet of a stream shall be stabilized within two (2) days.
C. Soil stockpiles shall be stabilized and protected with sediment trapping measures as necessary to prevent soil loss.
(2) Working in or crossing streams.
A. If a flowing stream must be crossed by construction vehicles regularly during construction, a temporary stream crossing shall be provided. The structure size shall be approved by the City Engineer.
B. Construction vehicles shall be kept out of streams to the extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. Stream channels (including bed and banks) shall be restabilized immediately after in-channel work is completed.
(3) Construction access routes. Measures shall be taken to prevent soil transport by vehicles tracking onto surfaces where runoff is not checked by sediment controls, or onto public roads. If soil is transported onto a public road surface by vehicles or by runoff, the roads shall be cleaned thoroughly each day. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be utilized only after soil has been removed by shoveling or sweeping.
(4) Temporary open trenches. Where a temporary open trench accumulates water, the City Engineer shall have the power to order the installation and use of dewatering devices and to prescribe the manner of their discharge, so that no safety hazard occurs and neither resources nor off-site property shall be adversely affected.
(5) Sloughing and dumping. No soil, rocks, debris, or any other material shall be dumped or placed into water resources or into such proximity that it may readily slough, slip, or erode into water resources, unless such dumping or placing has been authorized by the City Engineer and, when applicable, by the Army Corps of Engineers and/or the Federal Emergency Management Agency (FEMA). (Authorization would be considered for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures, and other in-stream or channel-bank improvement works).
(b) Temporary Measures for Removal of Suspended Sediment from Runoff. Until all denuded areas have been permanently stabilized against slippage and erosion by vegetative or other measures, the following temporary sediment removal standards shall apply:
(1) Timing of sediment trapping practices. Sediment trapping practices shall be made functional before upslope land disturbance takes place and shall remain functional throughout earth-disturbing activity. Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented before grading and grubbing. They shall continue to function until the upslope development area is re-stabilized.
(2) Sediment filters. Sheet flow runoff from denuded areas shall be passed through sediment filters such as a silt fence or be diverted to settling facilities, in order to protect adjacent properties and water resources.
(3) Settling facilities. Concentrated stormwater runoff denuded areas shall pass through a temporary sediment-settling facility that has a dewatering storage capacity of sixty-seven (67) cubic yards per acre of drainage area with a minimum 48-hour drain time and a sediment storage zone of one thousand cubic feet per disturbed acre. Sediment settling facilities shall be dewatered at the pond surface using a skimmer or equivalent device. If the size of the denuded area contributing runoff is five (5) acres or more within a single watershed, the settling facility shall be a sediment basin. If effective perimeter controls are used on the subject property or on adjacent property, and/or if filtration is accomplished, then the size of the settling facility may, with approval of the City Engineer, be modified from the minimum.
(4) Storm sewer inlet protection. All storm sewer inlets that accept runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer system without first being passed through a sediment filter or otherwise treated to remove sediment.
(c) Following Development.
(1) Establishing of permanent vegetation. A permanent vegetation cover shall be established and maintained on denuded areas that are not otherwise permanently stabilized. Permanent soil stabilization treatment shall be applied to denuded areas within seven (7) days after final grade is reached on any portion of the site. In the event of adverse weather conditions, a reasonable extension of this time period may be approved by the City Engineer. All necessary steps shall be taken to condition the soil to promote proper vegetative growth. Permanent vegetation shall be considered established only when a ground cover is achieved that is mature and extensive enough to control soil erosion and to survive severe weather conditions.
(2) Cessation of temporary practices and disposition of temporary facilities. All temporary erosion and sediment control practices shall cease and temporary facilities shall be disposed of within thirty (30) days after final site stabilization is achieved or after they are no longer needed, unless otherwise authorized by the City Engineer. Trapped sediment shall be removed or permanently stabilized to prevent further erosion.
(3) Maintenance. All temporary and permanent erosion and sediment control practices and facilities shall be maintained and repaired as needed to assure continued performance of their intended function.
(Ord. 280(22-23). Passed 6-15-23.)
1155.01 APPENDIX A: LANDSLIP/SOIL SLIPPAGE POTENTIAL CATEGORIES.
Every parcel of land is rated according to its Soil Slippage Potential for slippage. The soil types listed below have Medium or High slippage potential, which are categories based on the dominant geologic parent material, drainage class, textural family, and slope gradient. In each group, the identifying symbols consist of combinations of letters and numbers that indicate the type of soil and percent slope gradient. Both soil type and degree of slope are those identified and described in National Resources Conservation Services (NRCS) Web Soil Survey for Washington County, available at https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. The City Engineer may also use additional sources and types of information to identify areas of Medium or High potential. These may include, but are not limited to, such physical properties as bedrock geology, hydrogeology, and vegetation, in addition to soils and slope, plus any prior experience of slippage on the same property or nearby.
LANDSLIP/SOIL SLIPPAGE POTENTIAL CATEGORIES.
MEDIUM
GkC Gilpin-Summitville-Upshur complex, 6 to 12 percent slopes
HkE Hayter-Vandalia channery loams, 12 to 25 percent slopes
LiC 1 D2 Licking silt loam, 12 to 18 percent slopes, eroded
MbC Markland silt loam, 6 to 12 percent slopes
UpC Upshur silty clay loam, 6 to 12 percent slopes
VaC Vandalia silty clay loam, 6 to 12 percent slopes
Vin 1 C 1 Vincent silt loam, 6 to 12 percent slopes
Yin1D1 Vincent silt loam, 12 to 18 percent slopes
WrF Wheeling silt loam, 18 to 35 percent slopes
WtC Woodsfield silt loam, 6 to 12 percent slopes
WzC Woodsfield-Zanesville silt loams, 6 to 12 percent slopes
ZnC Zanesville silt loam, 6 to 12 percent slopes
HIGH
DkF Dekalb loam, 25 to 35 percent slopes
DsG Dekalb and Gilpin stony soils, 25 to 70 percent
GkD Gilpin-Summitville-Upshur complex, 12 to 18 percent slopes
GkE Gilpin-Summitville-Upshur complex, 18 to 25 percent slopes
GkF Gilpin-Summitville-Upshur complex, 25 to 35 percent slopes
GlG Gilpin-Summitville-Upshur complex, 35 to 70 percent slopes, benched
HgF Hayter loam, 25 to 35 percent slopes
HkF Hayter-Vandaila stony complex, 25 to 50 percent slopes
MbG Markland silt loam, 18 to 50 percent slopes
UpD Upshur silty clay loam, 12 to 18 percent slopes
UpE Upshur silty clay loam, 15 to 25 percent slopes
UrD3 Upshur clay, 12 to 18 percent slopes, severely eroded
UsF Upshur-Gilpin complex, 25 to 35 percent slopes
UTG Upshur association, very stony, 25 to 70 percent slopes
VaD Vandalia silty clay loam, 12 to 18 percent slopes
VaE Vandalia silty clay loam, 18 to 25 percent slopes
VaF Vandalia silty clay loam, 25 to 35 percent slopes
(Ord. 281(22-23). Passed 6-15-23.)
1155.02 APPENDIX B: FIGURES.
1156.01 PURPOSE AND SCOPE.
(a) The purpose of Part I of this chapter 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 the City of Marietta.
(b) This Part 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.
(Ord. 282(22-23). Passed 6-15-23.)
1156.02 REGULATED ACTIVITIES.
(a) This chapter applies to all regulated discharges outlined in the eligibility section of the most recent version of the EPA NPDES General Permit for Stormwater Discharges from Construction Activities. (Ord. 282(22-23). Passed 6-15-23.)
1156.03 APPLICATION PROCEDURES.
(a) Applicants must submit the following documentation to the permitting authority prior to construction:
(1) An EPA NPDES General Permit Notice of Intent (NOI) form.
(2) Site location map.
(3) Two (2) copies of a Storm Water Pollution Prevention Plan (SWP3). One (1) copy of the approved (SWP3) will be returned to the applicant.
(b) Criteria for the listed documentation must be the same as outlined in the most current EPA NPDES General Permit for Stormwater Discharges from Construction Activities. Within thirty (30) calendar days of the receipt of all documentation and payment of applicable fees, the permitting authority shall approve or disapprove the application for a sediment erosion control permit. A statement of disapproval shall include the reason therefor and shall identify the deficiencies in the documentation and shall state the procedures for filing a revised plan. Upon receipt of revised documentation, the plan reviewer shall respond with approval or disapproval within twenty-one (21) calendar days. Each application consists of one (1) initial review of the application documentation, and, if necessary, one (1) review of revised documentation. If the submission of the revised documentation is disapproved, a new application and fee will be required for processing. Once final approval has been made and a permit issued, any subsequent changes shall be approved in writing by the authorized agency.
(c) The permittee must also obtain coverage under the EPA NPDES General Permit before earth disturbance begins. A copy of the EPA coverage letter shall be mailed to the MS4 permitting authority as evidence of coverage. If the operator of a project fails to obtain EPA NPDES General Permit coverage the project will be considered an Illicit Discharge.
(Ord. 282(22-23). Passed 6-15-23.)
1156.04 STORM WATER POLLUTION PREVENTION PLAN.
The applicant shall submit a Storm Water Pollution Prevention Plan (SWP3) consistent with the requirements set forth in the most recent EPA NPDES General Permit for Stormwater Discharges from Construction Activities. For specific requirements of a SWP3 the designer shall refer to SWP3 Check List. The SWP3 must address erosion and sediment control during construction as well as post construction practices. Post construction practices must meet the requirements of the most recent EPA NPDES General Permit for Construction Site Storm Water. The SWP3 shall incorporate measures as required by Chapter 1151 Site Stabilization; Soil Erosion and Sedimentation Control, Chapter 1152 Storm Water Management, and the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources.
(a) Non-structural Post Construction Water Quality Practices: Non-structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.
(1) All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
(2) All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
(b) Structural Water Quality Practices: Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration.
(1) All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during development, sediments must be removed prior to the basin being used for post construction storm water quality.
(2) Maintenance. The post construction water quality practice must be maintained in perpetuity by those parties identified in the SWP3 or the Storm Water Management Maintenance Agreement.
(Ord. 282(22-23). Passed 6-15-23.)
1156.05 COMPLIANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS.
All submittals are required to show proof of compliance with all state and federal regulations. Approvals issued in accordance with this Chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. 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.
(a) 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, or approval letter.
(b) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, or a project approval letter. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers.
(c) 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, a copy of the applicable Nationwide Permit, public notice, or project approval letter.
(d) Ohio Dam Safety Law: Proof of compliance shall be a copy of the Ohio Department of Natural Resources Division of Water permit application tracking number, a copy of the project approval letter from the Ohio Department of Natural Resources Division of Water.
(e) EPA NPDES General Permit for Construction Site Storm Water or the most current version thereof: Proof of compliance with these requirements shall be the applicant's copy of the EPA Director's Authorization Letter for the NPDES General Permit or a letter from the site owner certifying and explaining why the NPDES General Permit is not applicable.
(Ord. 282(22-23). Passed 6-15-23.)
1156.06 FEES.
(a) All plan submittals required in these regulations shall be accompanied by a fee payable to the City of Marietta according to the following schedule at the time of initial submittal:
(1) For developments involving at least one (1) but less than five (5) acres, the fee shall be five hundred dollars ($500.00) for the first acre, plus one hundred and fifty dollars ($150.00) for each additional acre or fraction thereof.
(2) For developments involving five (5) or more acres, the fee shall be two thousand dollars ($2,000.00) for the first five (5) acres, plus two hundred dollars ($200.00) for each additional acre or fraction thereof.
(b) If it is determined that the City requires engineering services to evaluate, monitor, and/or enforce the terms of any plan, the City may require the developer to pay the entire cost of those engineering services. The City may obtain an estimate of the cost of said engineering services, and may require the developer to provide a bond to cover the anticipated cost of such engineering services.
(c) In addition to the fees set forth above, the City Engineer, before issuing such a permit may charge and collect a penalty in every case where work or development otherwise covered by this chapter has actually commenced prior to the issuance of a permit according to the following schedule:
(1) For developments involving at least one (1) acre but less than five (5) acres the penalty shall be one thousand dollars ($1,000.00) per acre or fraction thereof.
(2) For developments involving five (5) or more acres the penalty shall be two thousand five hundred dollars ($2,500.00) per acre or fraction thereof.
(Ord. 282(22-23). Passed 6-15-23.)
1156.07 PURPOSE/INTENT.
The purpose of this Part 2 is to provide for the health, safety, and general welfare of the citizens of the City of Marietta through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal, state and local law. This part establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit process. The objectives of these regulations are:
(a) To regulate the contribution of pollutants to the (MS4) by stormwater discharges by any user.
(b) To prohibit illicit connections and discharges to the MS4.
(c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
(Ord. 282(22-23). Passed 6-15-23.)
1156.08 APPLICABILITY.
This part shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by the City Engineer.
(Ord. 282(22-23). Passed 6-15-23.)
1156.09 DISCHARGE PROHIBITIONS.
(a) Prohibition of Illegal Discharges.
(1) No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water.
(2) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(3) Dechlorinated water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow; uncontaminated pumped ground water; discharges from dechlorinated potable water sources; foundation drains; air conditioning condensate; irrigation water; natural springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from firefighting activities. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. Dye testing s an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. The prohibition shall not apply to any non-storm water discharge permitted under an Ohio EPA NPDES General Permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.
(b) Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this part if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (Ord. 282(22-23). Passed 6-15-23.)
1156.10 SUSPENSION OF MS4 ACCESS.
(a) Suspension Due to lllicit Discharges in Emergency Situations. The City Engineer may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the State, or to minimize danger to persons.
(b) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(c) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. (Ord. 282(22-23). Passed 6-15-23.)
1156.11 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Engineer prior to the allowing of discharges to the MS4. (Ord. 282(22-23). Passed 6-15-23.)
1156.12 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The City Engineer will require Best Management Practices, as defined in the most current edition of Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources or as deemed appropriate by the City Engineer, for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, or waters of the State. The owner or operator of a commercial or industrial establishment shall provide, at his/her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid EPA NPDES General Permit authorizing the discharge of storm water associated with this chapter, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the EPA General Permit for Construction Site Storm Water.
(Ord. 282(22-23). Passed 6-15-23.)
1156.13 WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that could pollute, contaminate, and/or obstruct. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 282(22-23). Passed 6-15-23.)
1156.14 NOTIFICATION OF SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the State, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Engineer within three (3) business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
(Ord. 282(22-23). Passed 6-15-23.)
1156.15 NOTICE OF VIOLATION.
Whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of any part of this chapter, the City Engineer may order compliance by written notice of violation to the responsible person. Such notice may include but is not be limited to the
following:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) The elimination of causes of violations pertaining to the requirements set forth in the EPA NPDES General Permit for Construction Site Stormwater;
(d) The elimination of causes of violations pertaining to the requirements set forth for MS4 operator in the EPA Municipal Storm System Permit also known as the (MS4) General Permit.
(e) That violating discharges, practices, or operations shall cease and desist;
(f) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
(g) Payment of a fine to cover administrative and remediation costs; and
(h) The implementation of source control or treatment BMPs.
No person shall violate or cause or knowingly permit to be violated any of the provisions of any section of this chapter, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under this chapter.
Upon finding a violation, the City Engineer may issue a notice of violation, stop order, or
corrective order to any person causing or permitting the violation.
(Ord. 282(22-23). Passed 6-15-23.)
1156.16 APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal the determination of the City Engineer. The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation. Hearing on the appeal will be before the Building Enforcement Board in accordance with Chapter 1335 of the Building Code.
(Ord. 282(22-23). Passed 6-15-23.)
1156.17 ENFORCEMENT MEASURES AFTER APPEAL.
Authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 282(22-23). Passed 6-15-23.)
1156.18 ACCESS TO FACILITIES.
(a) The City Engineer may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this chapter.
(b) The City Engineer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the City Engineer.
(c) Facility operators shall allow the City Engineer ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an EPA NPDES General Permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(d) The City Engineer shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water or illicit discharge.
(e) The City Engineer has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(f) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(g) If the City Engineer has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City Engineer may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 282(22-23). Passed 6-15-23.)
1156.19 PENALTIES.
Any person, firm, or corporation violating any of the provisions of the rules and regulations in this chapter shall be required to take the remedial actions and be subject to civil penalties as follows:
(a) The City Engineer shall have the right to recover the lesser one thousand dollars ($1,000) per day for each day that the violation exists or all damages proximately caused by the violation to the Municipality, which may include any reasonable expenses incurred in investigating violations, expenses involved in rectifying any damages, costs and attorney fees incurred by the authorized agency as the result of enforcing violations of this chapter.
(b) In addition to the above remedial measures, any person, firm or corporation guilty of violating any of the provisions of this chapter shall be subject to a fine of up to five hundred dollars ($500.00) per day for each day the violation exists, beginning the first day of the violation and continuing each day thereafter until the violation is corrected. Each day that a violation of this chapter exists shall constitute a separate offense.
(c) In addition to the remedies and civil penalties set forth above, The City of Marietta may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(d) The remedies and penalties set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, if the violator fails to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator through means designated by the permitting authority.
(Ord. 282(22-23). Passed 6-15-23.)
1156.20 COST OF ABATEMENT OF THE VIOLATION.
(a) Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within thirty (30) days. If the amount due is not paid within a timely manner as determined by the decision of the City Engineer or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(b) Any person violating any of the provisions of this chapter shall become liable to the Municipality by reason of such violation. The liability shall be paid in not more than twelve (12) equal monthly payments. Interest at the rate of four percent (4%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
(Ord. 282(22-23). Passed 6-15-23.)
1156.21 INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the City Engineer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 282(22-23). Passed 6-15-23.)
1156.22 COMPENSATORY ACTION.
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Engineer may impose upon a violator, alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(Ord. 282(22-23). Passed 6-15-23.)
1156.23 VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 282(22-23). Passed 6-15-23.)
1156.24 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of these regulations 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. 282(22-23). Passed 6-15-23.)
1156.25 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where any part of this chapter is in conflict with other provisions oflaw, regulation, or ordinance, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of any part of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) No part of this chapter shall be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City of Marietta 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 there from, and shall not result in the City of Marietta, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(e) The City Engineer shall administer, implement, and enforce the provisions of these regulations. Any powers granted or duties imposed upon the City Engineer may be delegated in writing by the City Engineer to persons or entities acting in the beneficial interest of or in the employ of the City of Marietta.
(f) The standards set forth herein and promulgated pursuant to these regulations are minimum standards; therefore these regulations do not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. (Ord. 282(22-23). Passed 6-15-23.)
1156.26 REMEDIES NOT EXCLUSIVE.
1156.27 DEFINITIONS.
For purpose of this chapter, the following terms shall have the meaning herein indicated:
(a) "Acre" means a measurement of area equaling 43,560 square feet.
(b) "Authorized Enforcement Agency" means employees or designees of the City Engineer designated to enforce this chapter.
(c) "Best Management Practices (BMPs)" means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to minimize soil erosion and sedimentation and 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.
(d) "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
(e) "Community" means the City of Marietta and its designated representatives, boards, or commissions.
(f) "Construction Activity" means NPDES General Permit for Construction Site Storm Water are required for construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. All construction activities must conform to the most current OEPA regulations for construction activity.
(g) "Disturbed Area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(h) "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.
(i) "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.
(j) "Hazardous Materials" 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.
(k) "Illegal Discharge" means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this chapter.
(l) "Illicit Connections". An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non- storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
(m) "Industrial Activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(l4).
(n) "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.
(o) "MS4 (Municipal Separate Storm Sewer System)" means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, ditches, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
(p) "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 Umted States, whether the permit is applicable on an individual, group, or general area-wide basis.
(q) "Non-Storm Water Discharge" means any discharge to the storm drain system that is not composed entirely of storm water.
(r) "NPDES" means 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.
(s) "EPA NPDES General Permit for Construction Site Storm Water Permit" means a permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters.
(t) "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by Jaw and acting as either the owner or as the owner's agent.
(u) "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordnances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
(v) "Premises" means any building, Jot, parcel ofland, or portion ofland whether improved or unimproved including adjacent sidewalks and parking strips.
(w) "Rainwater and Land Development Manual (RWLD)" means issued by Ohio Department of Natural Resources. The RWLD Manual contains Ohio's minimum technical standards for post construction storm water quality and erosion and sediment control standards. The most current edition of these standards shall be applicable with this chapter.
(x) "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.
(y) "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.
(z) "Sedimentation" means the deposition or settling of sediment.
(aa) "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 chapter.
(bb) "Soil disturbing activity" means clearing, grubbing, 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.
(cc) "Soil erodibility" means the susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. Soil erodibility factors are available in the County Soil Survey
(dd) "Stream" means a surface watercourse with a well defined bed and bank, either natural or artificial, which confines and conducts continuous or periodic flowing water in such a way that terrestrial vegetation cannot establish roots within the channel. (ORC 6105.01)
(ee) "Storm Water" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(ff) "Stormwater Pollution Prevention Plan" means a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
(gg) "Storm Water Pollution Prevention Plan Checklist" means a document that details the minimum requirements of a SWP3 this document is available from the authorized agency or Ohio EPA.
(hh) "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.
(ii) "Wastewater" means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
(jj) "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 (33 CFR part 328, as amended).
(kk) "Wetland Professional" means an individual with training and experience in wetland delineation acceptable to the Army Corp of Engineers.
(Ord. 282(22-23). Passed 6-15-23.)
CODIFIED ORDINANCES OF MARIETTA