Middlefield City Zoning Code
TITLE NINE
Water Management and Sediment Control
1171.01 INTENT.
In repealing the previous requirements of this Chapter, originally adopted in Ordinance 02-120, the Village intends to shift primary responsibility for enforcement of Water Management and Sediment Control in the Village from the Village to the Geauga Soil and Water Conservation District ("GSWCD"). The Village, however, reserves the right, in its discretion to enforce provisions of the GSWCD Regulations (1) when GSWCD's efforts to obtain compliance have failed, thereby necessitating enforcement action and (2) when the Village deems it necessary and appropriate to do so.
(a) The primary monitoring and enforcement of these standards shall be through the GSWCD. Enforcement actions, if necessary, shall be through the Village Zoning Inspector and Solicitor.
(b) The Village shall have the right, but not the obligation, to perform monitoring and enforcement of the standards adopted by the GSWCD, and shall exercise such authority only in its discretion and only when it determines necessary and appropriate.
(c) The intent of this Chapter is to authorize the GSWCD to enforce in the Village the most recently adopted Geauga County Water Management and Sediment Control Regulations (the "GSWCD Regulations") adopted by the Geauga County Board of County Commissioners and administered by GSWCD. This Chapter shall also authorize the Village Zoning Inspector and the Village Solicitor, when necessary, to take enforcement actions in the event a property owner fails and refuses to comply with a final directive from GSWCD.
(Ord. 16-121. Passed 8-11-16.)
1171.02 PURPOSE. (REPEALED)
1171.03 SCOPE. (REPEALED
1171.04 DISCLAIMER OF LIABILITY.
Neither the submission of a plan under the GSWCD Regulations, nor compliance with provisions of the GSWCD Regulations shall relieve any person or other entity from responsibility for damage to any person or property otherwise imposed by law; nor shall it create a duty by the Village or by the GSWCD to those damaged by flooding or soil sediment pollution. (Ord. 16-121. Passed 8-11-16.)
1171.05 SEVERABILITY. (REPEALED)
1171.06 NUISANCES.
The GSWCD Regulations shall not be construed as authorizing any person to maintain a private or public nuisance on his/her property, and compliance with the provisions of the GSWCD Regulations shall not be a defense in any action to abate such a nuisance.
(Ord. 16-121. Passed 8-1-16.)
1171.07 RESPONSIBILITY.
Failure of the GSWCD or the Village to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting therefrom, and shall not result in any liability to the Village its officers, employees or agents.
(Ord. 16-121. Passed 8-1-16.)
1171.08 ADOPTION AND AMENDMENT OF MUNICIPAL REGULATIONS. (REPEALED)
1171.09 GEAUGA COUNTY REGULATIONS.
The GSWCD Regulations shall be the most recently adopted version of the regulations promulgated by GSWCD. (Ord. 16-121. Passed 8-1-16.)
1171.10 INTERPRETATION OF TERMS AND WORDS. (REPEALED)
1171.11 WORDS AND TERMS DEFINED.
For the purpose of this Chapter, the following terms and words shall have the following definitions:
(a) "GSWCD": The Geauga Soil and Water Conservation District.
(b) "GSWCD Regulations": The most recently adopted version of the Geauga County Water Management and Sediment Control Regulations
(Ord. 16-121. Passed 8-11-16.)
1171.12 GENERAL REQUIREMENTS FOR STORM WATER MANAGEMENT.
No person shall cause or allow earth-disturbing activities on any area in the Village unless the GSWCD has determined that such activity complies with the GSWCD Regulations GSWCD shall work with property owners and developers to achieve compliance with the GSWCD Regulations. If compliance cannot be achieved, the Village Zoning Inspector and Village Solicitor shall then take any steps necessary to enforce compliance.
(Ord. 16-121. Passed 8-11-16.)
1171.13 NOTIFICATION. (REPEALED)
1171.14 PROTECTION OF ADJACENT PROPERTIES. (REPEALED)
1171.15 WATER MANAGEMENT AND SEDIMENT CONTROL (WMSC) PLAN CRITERIA. (REPEALED)
1171.16 FEE SCHEDULE. (REPEALED)
1171.17 REVIEW BY THE MUNICIPAL ENGINEER. (REPEALED)
1171.18 REVIEW BY THE GEAUGA CONSERVATION DISTRICT. (REPEALED)
1171.19 INSPECTION AND COMPLIANCE.
(a) The GSWCD shall determine compliance with the GSWCD and shall work with property owners and developers to achieve compliance.
(b) If the GSWCD determines that a violation exists and cannot achieve voluntary compliance from the property owner or developer, GSWCD may request the Village Solicitor to seek an injunction or other appropriate relief to secure compliance with the GSWCD Regulations. In granting relief the court may order the construction of sediment control improvements or implementation of other control measures, and shall award the Village all expenses including legal fees, engineering fees, expert fees, and all such other fees which the Village may have incurred in bringing such action.
(Ord. 16-121. Passed 8-11-16.)
1171.20 VARIANCES. (REPEALED)
1171.21 APPEALS. (REPEALED)
1171.22 MAINTENANCE.
The property owner shall be obligated to perform all necessary maintenance of any permanent structures and other facilities designed to control erosion and manage stormwater runoff, and shall further be obligated to comply with the maintenance requirements of the GSWCD Regulations, including the requirement that the property owner provide annual inspection reports to GSWCD. The Village may, but shall not be obligated to assume responsibility for such maintenance. Where maintenance of permanent erosion control and stormwater management facilities is assumed by the Village, easements for the purpose of maintenance shall be granted to the Village. Nothing in this section shall create any enforceable obligation or duty by the Village to assume any such maintenance.
(Ord. 20-119. Passed 8-13-20.)
1171.23 RAIN GARDENS
(a) Rain Gardens are permitted in residential zoning districts upon issuance of a permit by the Village Zoning Inspector. For purposes of this section, the term "Rain Garden" shall mean a landscaped feature or depression which principally uses hardy, primarily native, plants and vegetation, including wildflowers and prairie grasses, which require little or no artificial planting or care, that treats on-site stormwater discharge from impervious surfaces by collecting and filtering the stormwater, including, but not limited to, so-called "Butterfly Gardens" and other similar landscaping features.
(b) A permit may be issued for a Rain Garden if the following conditions are met.
(1) Any Rain Garden must be located in a backyard and must be located behind the footprint of the main residential building on the property. No Rain Garden may be located in a front yard or side yard.
(2) A Rain Garden must be setback from any building by not less than ten (10) feet.
(3) A Rain Garden must be a part of the subject property's stormwater management system. A Rain Garden should be located to intercept water from paved or impervious surfaces or from a downspout before such water leaves the yard. A Rain Garden should not be located upslope from an area with a drainage issue or problem, but should be located in a manner to address or alleviate the drainage issue or problem.
(4) A Rain Garden shall not be installed in a location where it will disturb existing root systems of trees.
(5) A Rain Garden must be setback at least eight (8) feet from the rear property line.
(6) A Rain Garden must be setback at least five (5) feet from any sideyard lot line.
(7) A Rain Garden shall cover no more than thirty percent (30%) of the land located within the back yard of a property.
(c) No Rain Garden shall be constructed until a permit is obtained from the Village Zoning Inspector. The applicant shall submit plans to the Village that include a site plan showing (i) the dwelling structure in relation to the property lines, (ii) the location of any downspout(s) proposed to be used for the rain garden, and (iii) the dimensions of the Rain Garden, and (iv) the depth of the Rain Garden. The dimensions and depth of a Rain Garden shall comply with the standards established in the Rain Garden Manual for Homeowners published by the Geauga Soil and Water Conservation District, which standards are incorporated herein by reference as if fully rewritten.
(d) A Rain Garden must be maintained so that it shall not cause a public or private nuisance. All landscaping materials must be maintained in good condition, present a healthy, neat and orderly appearance, and be kept free of weeds, refuse and debris. The owner of the property is responsible for maintenance, repair and replacement of any landscape materials, fences, steps, retaining walls or similar landscaping elements. Rain Gardens must be maintained in good operating condition to promote the health of the plant materials and the
capture of stormwater. Rain Garden maintenance shall include the following:
(1) Weekly weed removal during the first two months following initial installation;
(2) Thereafter, monthly weeding during the remainder of the first year following installation, not including the Winter months (December, January, February and March);
(3) Following the first year, weeding at least once per year;
(4) Annual mulch replacement, to occur before June 1st of each year;
(5) Annual shrub pruning; and
(6) Watering of plants as necessary during Summer months (June, July, August and September).
(e) A Rain Garden located within five (5) feet of a sideyard setback line or eight feet of a rear property line must be cut or mowed to a height not exceeding nine (9) inches in order to prevent the same from blooming or going to seed.
(f) In the event that the owner does not maintain a Rain Garden in accordance with the terms and requirements of this ordinance, the Village may declare the Rain Garden a nuisance in accordance with Chapter 1313 of the Codified Ordinances, and may avail itself of the self-help remedies set forth therein.
(Ord. 24-129. Passed 7-11-24.)
CODIFIED ORDINANCES OF MIDDLEFIELD