(a)

The Municipal Engineer shall be responsible for enforcement of these stormwater runoff control regulations and shall not allow any development of land area unless such development meets the design requirements herein and per New Albany's most current Ohio Environmental Protection Agency's (OEPA) National Pollutant Discharge Elimination Systems (NPDES) Phase II Permit.

(b)

Council shall not approve the final plat of any development or subdivision over which it has jurisdiction without certification from the Municipal Engineer that such development or subdivision shall be in full compliance with the design requirements herein.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

The design standards contained in the latest editions of the Ohio Department of Natural Resources (ODNR) Rainwater and Land Development Manual and the City of Columbus, Division of Sewerage and Drainage, Department of Public Utilities Stormwater Drainage Manual shall be used to determine the technical acceptability of land development stormwater management methods. The Municipal Engineer, or Administrator's designee shall determine the acceptability of the hydrologic design.

(b)

The United States Department of Agriculture Soil Conservation Service soil classification mapping shall be used to determine soil classification for the purpose of all stormwater management design unless more detailed data is prepared by a competent authority and accepted by the Municipal Engineer.

(c)

For the purpose of determining predevelopment runoff coefficients on any property, the condition of the property prior to earth disturbing activity shall be used.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

The stormwater runoff control measures require that land uses and developments which increase the runoff rate and/or volume shall control the discharge rate of runoff prior to its release to off-site land. The purposes of these measures are to:

(1)

Permit development without increasing the flooding potential of other lands;

(2)

Reduce damage to receiving streams and impairment of their capacity, which may be caused by increases in the quantity and rate of stormwater discharge; and

(3)

Establish a basis for design of stormwater drainage systems on lands below undeveloped areas which shall preserve the rights and options of both dominant and servient property owners and assure long-term adequacy of storm drainage systems.

(b)

These stormwater runoff management and control regulations apply to all land developments not specifically exempted under Section 1181.04 of these regulations or granted a waiver as provided by Section 1181.05.

(c)

Other sections of these regulations specify the performance requirements of on-site drainage systems and runoff control standards.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

Exemptions are appropriate for certain land use activities which clearly do not generate significant increases in stormwater runoff. Where exemptions are granted under this section, they shall apply to the requirements for runoff control only and do not in any way imply a relaxation of requirements for adequate and proper on-site drainage or the ability of the system to accept runoff from tributary land. The following land uses and developments are exempted from stormwater runoff controls:

(a)

A residential lot of any size which is under single ownership and is the principal place of residency of the property owner;

(b)

Land preparation for agricultural crops, orchards, woodlots, sod farms and nursery operations;

(c)

Land grading or leveling less than one acre for erosion control under the direction of the Municipal Engineer or the Administrator's designee;

(d)

Land subdivisions for residential purposes with minimum lot sizes of five (5) acres; and

(e)

Land located within the Regulatory Flood Hazard Area as established by the zoning regulations of the Municipality of New Albany based on determinations by the U.S. Army Corps of Engineers, the U.S. Department of Housing and Urban Development or the Ohio Department of Natural Resources.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

It is conceivable that development situations not automatically subject to exemptions under Section 1181.04 may exist such that development shall have none of the harmful effects associated with increases in runoff rates and volume. Such developments are eligible for a waiver. The waiver applies only to the requirement that runoff be controlled, and does not in any way imply a relaxation in the requirement for adequate on-site drainage or the ability to accept runoff from land tributary to the development.

(b)

The waiver application shall request in writing that such requirements for stormwater runoff control be waived. The application shall include sufficient detail to determine that granting a waiver shall not result in increased flooding and the added volume of runoff shall not damage the receiving stream.

(c)

A condition of the waiver shall be that any addition, extension or modification of a development for which a waiver has been granted shall be required to provide stormwater runoff control for the entire site if preceding limitations are exceeded by subsequent additions, extensions or modifications.

(d)

The following land uses and developments are eligible to apply for a waiver on stormwater runoff control requirements contained in this chapter:

(1)

Single family residential developments which meet the following criteria:

(2)

Buildings, their related parking lots and structures where less than one acre is to be altered by grading, draining, removing existing ground cover or paving and of which one acre or less shall be impervious areas, such as roofs, walks or parking areas;

(3)

Situations where existing and adequate off-site stormwater runoff control facilities provide the required control. However, this shall not be construed to imply the first development requesting use shall have full use of available storage capacity to ensure that later developments have a similar opportunity to utilize a portion of the storage capacity.

(e)

All waiver applications shall be recommended by the Municipal Engineer and the Planning Commission to Council for action to grant or deny the waiver.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

Stormwater runoff control shall address both peak rate and total volume of runoff. The peak rate of the runoff from an area after development shall not exceed the peak rate of runoff from the same area before development for all storms from one year up to a 100-year frequency, twenty-four-hour storm. In addition, if it is found a proposed development shall increase the volume of runoff from an area, the peak rate of runoff from certain more frequent storms shall be controlled further. There are two (2) reasons why increases in volume of runoff require a control standard more restrictive than controlling to the predevelopment condition.

First, increases in volume mean runoff shall be flowing for a longer period of time. When routed through a watershed, these longer flows may join at some point or points downstream thereby creating new peak flows and the problems associated with peak flow such as flooding. This is known as the "routing problem." Second, longer flow periods of large runoff quantities place a highly erosive stress on natural channels. This stress can be minimized by reducing the rate of discharge. The permissible peak rate shall be determined as follows:

(1)

Determine the total volume of runoff from a one-year frequency twenty-four-hour storm, occurring over the area before and after development; and

(2)

Determine the percentage of increase in volume due to development and using this percentage, pick the critical storm from the following table:

If the percentage of increase in volume of runoff is:

(b)

The peak rate of runoff from the critical storm occurring over the development shall not exceed the peak rate of runoff from a one-year frequency storm occurring over the same area under predevelopment conditions. Storms of less frequent occurrence (longer return period) than the critical storm, shall have a peak rate runoff not greater than for the same storm under predevelopment conditions. As an example, if the total volume is to be increased by thirty-five percent (35%), the critical storm is a five-year storm. The peak rate of runoff for all storms up to this intensity shall be controlled so as not to exceed the peak rate of runoff from a one-year frequency storm under predevelopment conditions in the area. The runoff from a more intense storm up to a 100-year storm need only be controlled so as not to exceed the predevelopment peak rate from the same frequency of storm.

(c)

Storage volume does not have to be provided for off-site upstream drainage areas.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

Design Storms.

(1)

Initial drainage system. The initial drainage system is that part of the storm drainage system which is used regularly for collecting, transporting and disposing of stormwater runoff, snowmelt and miscellaneous minor flows. The capacity of the initial drainage system should be equal to the maximum rate of runoff expected from a design storm of established frequency. For purposes of design, the initial drainage portion of the drainage system shall be designed to carry the runoff from a storm with a return period of not less than five (5) years.

(2)

Major drainage system. The major drainage system is that part of the storm drainage system which carries the runoff which exceeds the capacity of the initial drainage system. The major drainage system shall have the capacity to carry runoff from a storm with a return period of not less than one hundred (100) years without posing significant threat to property or public safety.

(b)

Initial Storm: Physical Design Criteria for On-Site Improvements.

(1)

Depth of flow in natural channels shall not exceed bank full stage with backwater effects considered.

(2)

Depth of flow in artificial channels shall not exceed 0.8 bank full stage. Velocity of flow shall be determined in accordance with the design criteria for open channels and shall not exceed seven (7) feet per second. Where flows exceed this rate, special channel lining and erosion protection shall be provided.

(3)

Depth of flow in roadside ditch swales shall not exceed one foot or be of such depth that the flow would extend out of the right-of-way if the side ditch is less than one foot in depth. Velocity at this depth shall not exceed five (5) feet per second with grass swales or ten (10) feet per second with paved ditches.

(4)

Depth of flow in streets with curb and gutter shall not exceed the curb height. Velocity of flow in the gutter at design depth shall not exceed ten (10) feet per second. In addition to the above, the following are maximum encroachments of the minimum five-year initial design storm onto the pavement:

A.

For minor streets carrying traffic from the individual residence to collector and secondary streets, the flow may spread to the crown of the street.

B.

For collector or secondary streets, one lane shall be free from water.

C.

For primary streets, one lane in each direction shall be free from water.

D.

For freeways, no encroachment is allowed into traffic lanes.

(5)

In the design of the conduit, the conduit may be designed on the basis of flowing full with surcharge to gutter line. Backwater effects shall be considered.

(c)

Major Storm: Physical Design Criteria for On-Site Improvements.

(1)

The major storm floodway and floodway fringe for natural streams shall be as defined by the U.S. Army Corps of Engineers, the U.S. Department of Housing and Urban Development or the Ohio Department of Natural Resources, where such determinations have been made.

(2)

Many of the drainageways associated with the major storm system are in areas beyond those designated as floodway or floodway fringe. For these areas, the major storm limits shall be determined by the U.S. Corps of Engineers HEC-RAS method or other accepted methods of determining water profiles using the major design storm runoff. One foot of elevation shall be added to the flood profile as freeboard for protection in the event of future encroachments into the drainageway (Refer to applicable FEMA policy and Village Code of Ordinances Chapter 1155 Flood Plain Overlay District Policy for determining free board requirements in floodway or floodway fringe).

(3)

Where the street is designed as the major drainageway, the depth of flow shall not exceed eighteen (18) inches at the gutter line for local and collector streets and shall not exceed six (6) inches depth at the crown for primary streets and freeways. The same maximum depth criteria shall apply where a major drainageway crosses the street. Where a major drainageway is located outside a street, right-of-way easements shall be provided.

(4)

In determining the required capacity of surface channels and other drainageways provided for the major storm runoff, the street storm inlets and conduit provided for the initial design storm shall carry not more than one-half their design capacity. This is a safety factor to allow for the surcharged outlets, obstructed inlets or other malfunctions.

(d)

Retention and Storage. Areas designed solely for storage of stormwater by detention or retention shall be avoided where possible, except if detention areas can be incorporated into the natural features of the general area or where such detention area would become a desired amenity to the development. Cooperative planning and joint owner construction of detention discharge control or retention facilities and use of natural land contours is encouraged. No such facilities shall be permitted which may become an aesthetically unpleasing, construction or maintenance problem. The Municipality encourages such facilities which are designed as multipurpose spaces such as open space, recreation and/or scenic areas.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

Land developers shall place in all sales offices copies of the land development grading plan with graphic and written descriptive information clearly showing and describing the purpose of all drainage easements, floodway routing, flood hazard areas and other watercourses, detention and retention basins contained on or designed into the land development. A copy of an approved Notice of Intent (NOI) from the OEPA, corresponding sedimentation and erosion control plan, and all sedimentation and erosion control inspection reports (taken after each rain event) shall be placed in a location (mailbox, construction trailer, etc.) approved by the Municipal Engineer, or Administrators designee. This location must be clearly labeled Stormwater Management Pollution Prevention Plan (SWP3) and available for inspection twenty-four (24) hours a day.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

Any person dissatisfied with a decision made by the Municipal Engineer pursuant to these regulations shall have the right of appeal in writing to Council within ten (10) days after such decision is made. Council shall act on the written appeal at its next regular meeting held after receipt of such appeal by the Clerk, or the appeal is deemed denied.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

The Municipal Engineer shall notify in writing the person or company found in violation of the conditions of this chapter and that person or firm shall have five (5) working days to correct the violation prior to the institution of penalties outlined in Section 1181.99.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

Any person, firm or corporation violating any provision, amendment or supplement of this chapter may be subject to forfeit of construction bond to the amount determined necessary by the Municipal Engineer to eliminate the violation and bring the subject stormwater control and management systems into compliance. Also, to guarantee completion of work to the standards set in these regulations, the Municipal Engineer or his designee may issue a stop work order, withhold the issuance of building permits, may not conduct inspections or may take other action permitted by their lawful powers to ensure the work needed to satisfy the requirements of these regulations is completed.

(Ord. 74-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

This chapter is adopted for the purpose of controlling the pollution of public waters by sediment from accelerated stormwater runoff caused by earth-disturbing activities and land use changes connected with developing urban areas. Control of such pollution will promote and maintain the health, safety and general well-being of lives and inhabitants of New Albany.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

For the purpose of this chapter certain rules or word usage apply to the text as follows:

(1)

Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.

(2)

The term "shall" is always mandatory and not discretionary; the word "may" is permissive.

(3)

The word or term not interpreted or defined by this chapter shall be used with a meaning of common or standard use, so as to give this chapter its most reasonable application.

(b)

"Channel" means a stream that conveys water.

(c)

"Development area" means any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes upon which earth-disturbing activities are planned or under way.

(d)

"District" means the Franklin Soil and Water Conservation District, organized under ORC Ch. 1515.

(e)

"Disturbance" means any event or series of events that disrupt ecosystem, community, or population structure and alters the physical environment.

(f)

"Ditch" means an excavation either dug or natural for the purpose of drainage or irrigation with intermittent flow.

(g)

"Drainageway" means an area of concentrated water flow other than a river, stream, ditch or grassed waterway.

(h)

"Dumping" means grading, pushing, piling, throwing, unloading or placing.

(i)

"Earth-disturbing activity" means any grading, excavating, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.

(j)

"Earth material" means soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.

(k)

"Erosion" means:

(1)

The wearing away of the land surface by running water, wind, ice, or other geological agent, including such processes as gravitational creep.

(2)

Detachment and movement of soil or rock fragments by wind, water, ice or gravity.

(3)

Erosion includes:

A.

Accelerated erosion: Erosion much more rapid than normal; natural or geologic erosion, primarily as a result of the influence of the activities of man.

B.

Floodplain erosion: Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.

C.

Gully erosion: The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.

D.

Natural erosion (geologic erosion): Wearing away of the earth's surface by water, ice or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.

E.

Normal erosion: The gradual erosion of land used by man which does not greatly exceed natural erosion.

F.

Rill erosion: An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.

G.

Sheet erosion: The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.

(l)

"Grassed waterway" means a broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.

(m)

"Landslide" means the rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.

(n)

"Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof.

(o)

"Public waters" means water within rivers, streams, ditches and lakes.

(p)

"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 above or below sea level.

(q)

"Sediment basin" means a temporary settling pond that slowly releases runoff at a controlled rate into a stabilized channel or pipe, detaining it long enough to allow most of the sediment to settle out.

(r)

"Sedimentation and erosion control plan" means a written description, acceptable to the Municipal Engineer, or Administrators designee, of methods for controlling sediment pollution from accelerated erosion on a development site or from erosion caused by accelerated runoff from a development site.

(s)

"Sediment pollution" means failure to use the most current and scientifically sound best available technologies (BAT's) and management practices (BMP's) to abate wind or water 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 non-farm commercial, industrial, residential or other non-farm activities.

(t)

"Slip" means landslide as defined above.

(u)

"Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.

(v)

"Soil loss" means soil relocated on or removed from a given site by the forces of erosion and the redeposit of the soil at another site on land or in a body of water.

(w)

"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.

(x)

"Stream" means a body of water running or flowing on the earth's surface or channel in which flow occurs. Flow may be seasonally intermittent.

(y)

"Topsoil" means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

A copy of an approved Notice of Intent (NOI) from the Ohio Environmental Protection Agency as well as a sedimentation and erosion control plan shall be submitted to the Municipal Engineer prior to any earth disturbing activity equal to or greater than one acre for residential, commercial, manufacturing, multi-family development, or public utility construction. Such plan may be submitted as a part of the detailed engineering plans. For earth disturbing activity less than one acre, the need for sediment and erosion control activity shall be determined by the Municipal Engineer, or Administrator's designee.

A copy of an approved Notice of Intent (NOI) from the OEPA, corresponding sedimentation and erosion control plan, and all sedimentation and erosion control inspection reports (taken after each rain event) shall be placed in a location (mailbox, construction trailer, etc.) approved by the Municipal Engineer, or Administrators designee. This location must be clearly labeled Stormwater Management Pollution Prevention Plan (SWP3) and available for inspection twenty-four (24) hours a day.

(b)

Sedimentation and Erosion Control Plan Content. A sedimentation and erosion control plan for a proposed development area, with maps drawn to a minimum scale of one inch equals one hundred (100) feet, shall be submitted to the Municipal Engineer, or Administrators designee. The sediment control plan may be a part of the detailed engineering plan, but it shall contain the following information:

(1)

Location of the area and its relation to its general surroundings including but not limited to:

A.

Off-site areas susceptible to sediment deposits or to erosion caused by accelerated runoff, and

B.

Off-site areas affecting potential accelerated runoff and erosion control.

(2)

Existing and proposed topography and drainage of the development area and adjacent land within one hundred (100) feet of the boundaries. A topographic map should contain an appropriate contour interval to clearly portray the conformation and drainage pattern of the area.

(3)

The location of existing buildings, structures, paved areas (streets, roads, driveways, sidewalks, etc.), utilities, water bodies, drainage facilities, vegetative cover, conservation/preservation zones and other significant natural or man-made features on the development area and adjacent land within one hundred (100) feet of the boundaries.

(4)

A general description of the predominant soil types, their location and their limitations for the proposed use.

(5)

Proposed use of the development area.

(6)

All proposed earth disturbance including:

A.

Areas of disturbance including excavation, grading, filling, etc. and

B.

Total size of disturbance area.

C.

The finished grading plan.

D.

Kinds of utilities and proposed areas of installation.

E.

Proposed paved and covered areas in square feet or to scale on a plan map.

(7)

Provisions for temporary and permanent erosion control shall generally follow the latest edition of the Ohio Department of Natural Resources (ODNR) Rainwater and Land Development Manual.

(8)

Provisions for the management of stormwater, derived both on-site and from upper watershed areas, including the control of accelerated on-site runoff, to a stable receiving outlet.

(9)

Provisions for maintenance of control facilities including easements to ensure short as well as long term erosion and sediment pollution control and stormwater management.

(10)

Proposed construction sequence and time schedule for all earth-disturbing activities and installation of provisions for erosion and stormwater management.

(11)

Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow must be given for all surface water conveyance. This information shall also be provided for surface water outlets.

(12)

Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

(13)

Estimate of cost of erosion and sediment control and water management structures and features.

(14)

Title, scale, direction, legend and date of all plan maps.

(15)

Names and address of the person(s) preparing the plan, the owner, and the person responsible for the development area.

(16)

Certification that all earth disturbance, construction, and development will be done pursuant to the plan.

The Municipal Engineer may waive specific requirements for plan detail or may require additional information to show that work will conform to basic requirements of this chapter.

(c)

Plan Review. The Municipal Engineer shall, within fourteen (14) working days of receipt of a sedimentation and erosion control plan, indicate its approval or disapproval (status of compliance or non-compliance) to the person who filed the plan. Indication of disapproval (non- compliance) shall include the plan deficiencies and the procedures for filing a revised plan. Pending preparation and approval (determination of compliance) of a revised plan, earth- disturbing activities shall proceed only in accordance with conditions outlined by the Municipal Engineer, or Administrators designee.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use the most current and scientifically sound BAT's and BMP's relating to conservation planning to maintain the level of conservation established by the following standards:

In order to control sediment pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established per New Albany's current Ohio Environmental Protection Agencies (OEPA) National Pollutant Discharge Elimination Systems (NPDES) Phase II Permit:

(a)

Timing of Sediment-Trapping Practices.

(1)

Sediment control practices shall be functional throughout earth-disturbing activity.

(2)

Settling facilities, perimeter controls and other practices intended to trap sediment shall be implemented as the first step of grading or construction and within seven (7) days from the start of grubbing. They shall continue to function until the upslope development area is re-stabilized.

(b)

Stabilization of Denuded Areas. Denuded areas shall have soil stabilization applied within seven (7) days if they are to remain dormant for more than twenty-one (21) days. Permanent or temporary soil stabilization shall be applied to denuded areas within seven (7) days after final grade is reached on any portion of the site, and shall also be applied within seven (7) days to denuded areas which may not be at final grade, but which will remain dormant (undisturbed) for longer than twenty-one (21) days.

(c)

Settling Facilities. Concentrated stormwater runoff from denuded areas shall be filtered or diverted to a settling facility.

(1)

The minimum capacity of the sediment basin to the elevation of the crest of the pipe spillway shall be sixty-seven (67) cubic yards (0.04 acre-feet) for each acre within the drainage area that will be disturbed by construction during the designed life of the sediment basin. If other areas within the drainage area are actively eroding, additional sediment capacity must be added (volume will be determined based on site conditions). The volume of the sediment storage zone shall be thirty-seven (37) cubic yards per disturbed acre within the watershed of the basin or based on another method acceptable to the Municipal Engineer.

(2)

The Municipal Engineer will consider alternate methods, proposed by the developer, for accumulating, processing and storing sedimentation, so long as the methods utilize the most current and scientifically sound BAT's and BMP's and that these BAT's and BMP's comply with New Albany's most current OEPA NPDES Phase II permit.

(d)

Sediment Barriers.

(1)

Sheet flow runoff from denuded areas shall be filtered or diverted to a settling facility.

(2)

Sediment barriers such as sediment fence or diversions to settling facilities shall protect adjacent properties and water resources from sediment transported by sheet flow.

(e)

Storm Sewer Inlet Protection. All storm sewer inlets which accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer systems without first being filtered or otherwise treated to remove sediment, unless the storm sewer system drains to a settling facility.

(f)

Working In or Crossing Streams. Streams including bed and banks shall be re- stabilized immediately after in-channel work is completed, interrupted or stopped.

(1)

To the extent practicable, construction vehicles shall be kept out of streams. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion.

(2)

A temporary stream crossing plan shall be provided if a stream must be crossed by vehicles during construction.

(g)

Construction Access Routes. Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls, or onto public roads.

(h)

Sloughing and Dumping.

(1)

No soil, rock, debris or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing is authorized by the Municipal Engineer, and, where applicable, the U.S. Army Corps of Engineers, for such purposes as, but not limited to, constructing bridges, utility lines, culverts and erosion control structures.

(2)

Unstable soils prone to slipping or landsliding shall not be graded, excavated, filled or have loads imposed upon them unless the work is done in accordance with a qualified professional engineer's recommendations to correct, eliminate or adequately address the problems.

(i)

Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner which will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, upslope drainage area, groundwater conditions and slope stabilization.

(j)

Stabilization of Outfalls and Channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, 10-year frequency storm without eroding.

(k)

Preservation of Natural Watercourses. Existing streams and channels shall not be altered or channeled without express permission from the Municipality of New Albany, and shall be preserved with their natural tree or vegetation canopy intact as a means to prevent their pollution from runoff containing sediment. The buffer area necessary to protect such watercourses shall be determined by the Municipal Engineer.

(1)

The Engineer may rely, as a guide for determining appropriate buffer area, on ODNR's Rainwater and Land Development Manual.

(2)

When the Municipal Engineer determines that in his opinion prohibiting channelization of an existing natural watercourse would cause an undue hardship for the development of property subject to these regulations, he may permit such alteration after reviewing plans outlining the extent and nature of the channelization or alteration.

(3)

Additionally, whenever such watercourse is being considered for alteration, the agency seeking permission to alter the watercourse shall provide the names of the owners of the three (3) next lower riparian properties under wholly different ownership, and such property owners shall be notified in writing of the intended watercourse alteration.

(l)

Establishment of Permanent Vegetation. A permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the approving agency, provides adequate cover and is mature enough to control soil erosion satisfactorily and to survive adverse weather conditions.

(m)

Maintenance. All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. The person or entity responsible for the continued maintenance of permanent erosion controls shall be identified to the satisfaction of the Municipal Engineer, or Administrators designee.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

All persons proposing development affected by these regulations, if not already required to do so under existing ordinances regulating construction within the Municipality, shall be required to furnish a bond in the form of a cash on deposit, traditional bond, or other pledging of securities as deemed adequate by the Finance Director, to be retained by the Municipality until satisfactory completion of construction of the measures required by these regulations. The amount of the bond shall be determined by the Engineer as equal to the cost to repair damage caused by the violator of these regulations.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

The Municipal Engineer or Administrators designee shall inspect development areas, both for which plan approval is required prior to commencement of development and those for which it is not required, in order to determine compliance with these regulations. If the Municipal Engineer, or Administrators designee determines that a violation of these regulations exists, the responsible person will be notified of the deficiencies or non-compliance.

(b)

The Inspector shall also report the deficiency or noncompliance to the Municipal Engineer, or Administrators designee. Upon determination that a person or firm is not complying with these regulations, the Municipality may issue an order to comply to the property owner or his agency in writing. That person shall have five (5) working days to bring the work into compliance. If the noncompliance pertains to land development that is under way, the Municipality may also issue a written stop work order, refuse to issue building permits, or take other action to insure compliance.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)

(a)

Any person, firm or corporation violating any provision, amendment or supplement of these regulations, or failing to obey any lawful order of the Municipal Engineer, or Administrator's designee issued in pursuance thereof, shall be deemed guilty of 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 thousand dollars ($1,000.00) a day for each day thereafter that the violation exists. Each day such violation continues shall be considered a separate offense.

(b)

Nothing herein contained shall prevent the Municipality of New Albany from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 73-91. Passed 9-17-91; Ord. O-02-2011. Passed 2-15-11.)