Changes in the utilities and communication industries have increased the demand and need for placement of facilities and structures within the City. The City is concerned with the placement of such facilities and structures within the City and desires to promote efficient and logical placement of utility structures so as to promote the public health, safety, morals and general welfare of the City. In addition, the City also desires to protect real estate within the City from impairment and destruction of value and to encourage the use and development of land to stabilize and preserve property values, protect against congested and unsafe traffic conditions, and ensure adequate light, air and open space to all residents of the City. The intent of this chapter is not to hinder or prohibit utility structures, including but not limited to those associated with video services. Rather, the intent is to allow the installation of utility structures within any yard, provided they meet the requirements herein. This chapter shall not apply to utility structures within a public right-of-way.

(Ord. 25-12. Passed 6-18-12.)

   As used in this chapter the following terms shall have the following meanings:

   (a)   “Clearance zone, intersection” means an area adjacent to an intersection in which no utility structure may be located to obstruct vision from the driver's position in a vehicle or a pedestrian approaching on a street.

   (b)   “Essential services” shall mean providing electricity, water, sewer and/or gas.

   (c)   “Front yard”, “rear yard”, and “side yard” shall have the same definition as set forth in Section 1105.04(xx). Provided, however, in the event a lot is on a corner such that both a front yard and side yard abut a street, the side yard that abuts a street shall also be considered a front yard for purposes of this chapter.

   (d)   “Permit” shall mean a certificate of compliance for utility structures on private property issued by the City.

   (e)   “Utility structure” shall mean any above ground structure, facility, or equipment, including but not limited to, pedestals, boxes, cabinets, meters, storage facilities, or utility stations, that are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and internet service, and water. Utility structure shall not include fire hydrants, utility poles, traffic control devices, or City equipment.

(Ord. 25-12. Passed 6-18-12.)

   Utility structures shall be classified by size as follows:

   (a)   Small utility structures shall be less than 36 inches in height above grade, less than 36 inches in width, and less than 36 inches in depth.

   (b)   Large utility structures shall be equal to or greater than 36 inches in height above grade, equal to or greater than 36 inches in width, and equal to or greater than 36 inches in depth. If all three dimensions do not fall within the same size classification, then the utility structure will be classified based on the dimension that falls within the largest classification.

(Ord. 25-12. Passed 6-18-12.)

   (a)   No person shall install, construct, erect or replace a utility structure unless all provisions of this chapter have been met. To ensure compliance with these regulations, a permit shall be required unless specifically exempted in this chapter.

   (b)   Before any utility structure requiring a permit is installed, constructed, erected or replaced, an application must be made to the Administrator. Every application for permit approval shall be accompanied by a plan drawn to scale that depicts the lot location, right-of-way line, lot dimensions, and proposed location of the utility structures. The application shall include the written consent of the property owner of the proposed location for placement of the proposed utility structure or copy of a recorded easement that permits placement of the utility structure and a statement by the owner of the utility structure that the utility structure is permitted within said easement.

   (c)   A permit issued by the Administrator shall be required for the following utility structures:

      (1)   New small utility structures located in the front yard.

      (2)   New large utility structures regardless of location.

      (3)   Replacement of large utility structures in the front yard.

   (d)   The Administrator shall review the application and make a decision on issuance of a permit within ten days. The Administrator shall issue a permit approving the utility structure if the utility structure meets the location guidelines and screening criteria contained in this chapter.

   (e)   No permit is required for the following utility structures:

      (1)   New small utility structures in the side or rear yard.

      (2)   Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.

      (3)   Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.

      (4)   A utility structure that is physically attached to a building, such as a meter or service box or to the wiring, cable, pipe, or conduit that provides utility service from a service main to the individual property, or to gas meter regulators.

      (5)   The installation of new or the replacement of small and large utility structures on property owned by the City. This does not exempt the utility company from the responsibility of its installation and maintenance in a safe condition or from conforming with applicable provisions of this chapter governing materials, construction and erection.

   (f)   A utility company, providing essential services, has temporary approval to install a utility structure that requires a permit, without a permit, if such installation is required to adequately respond to an emergency with respect to those essential services. Provided however, within seven days after such installation, the utility company shall notify the Administrator of the emergency action taken and the utility company shall, within said seven days, apply for a permit. The utility company shall remove a utility structure placed during an emergency without a permit within 90 days of its installation if a permit is not granted for the utility structure.

(Ord. 25-12. Passed 6-18-12.)

      (1)   No new or replaced utility structures under this chapter shall be located:

         A.   Within the intersection clearance zone;

         B.   Within a ten-foot minimum from fire hydrants; or

         C.   In a place that will adversely impact the line of sight for any driveways.

      (2)   No new large utility structure shall be placed in a front yard.

      (3)   Where possible, utility structures should be located in a platted utility easement. All utility structures shall be coordinated to the extent possible with existing utility structures, reducing the total number of utility structures within a given 100-foot area, providing the most effective screening, and minimizing the impact on existing trees.

      (1)   The utility company shall minimize the visual impact of the utility structure, including size, color, and screening. All labeling on any single utility structure shall cover a combined area no larger than one-half square foot in area. The vistas of the property owner and adjacent property owners shall be considered with a goal of obtaining 50% opacity as viewed from neighboring property lines. Fifty percent opacity should be obtained upon installation. However, the Administrator may permit planting to be postponed due to seasonal conditions. Screening is to be achieved by the use of: (i) existing or new vegetation; (ii) existing or new fencing; (iii) existing structures. Final approvals of the screening shall be approved in writing by the Administrator.

      (2)   Electric meters that are to be placed in conjunction with a utility structure installation shall be placed in a manner that minimizes its visibility from the closest public right-of-way. In no case shall electric meters be attached to the top surface of a utility structure.

      (3)   If the utility structure installation requires the installation of a pad affixed to the ground, the pad shall be constructed of concrete.

(Ord. 25-12. Passed 6-18-12.)

   Any prohibited utility structure shall be removed by the owner within ten days of receipt of notification from the Administrator. If such utility structures are not so removed, the Administrator shall cause the utility structure to be removed at the owner's expense.

(Ord. 25-12. Passed 6-18-12.)

(Ord. 16-19. Passed 9-16-19.)

 

 

 

 

 

 

(Ord. 16-19. Passed 9-16-19.)

(Ord. 16-19. Passed 9-16-19.)

 

   (a)   The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources, and will promote and maintain the health and safety of the citizens of the City of Painesville.

   (b)   This regulation will:

      (1)   Allow development while minimizing erosion and sedimentation.

      (2)   Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment, grading, or clearing activities.

   (c)   This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving streets, highways, and associated facilities; underground cables, conduits, or pipelines for electricity, communication, television, water, sewer, gas, or other utility needs; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in subsection (d) hereof.

   (d)   This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   Abbreviated storm water pollution prevention plan, abbreviated SWP3, also Erosion and Sediment Control Plan - The written document that sets forth the plans and practices to be used to meet the requirements of this regulation for sites disturbing one-tenth to one acre of land.

   (b)   Acre - A measurement of area equaling 43,560 square feet.

   (c)   Administrator - The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.

   (d)   Best Management Practices (BMPs), also storm water control measure (SCM) - Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources. 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.

   (e)   Commencement of construction - The initial disturbance of soils associated with clearing, grubbing, grading, placement of fill, or excavating activities or other construction activities.

   (f)   Community - Throughout this regulation, where not specifically stated, this shall refer to the City of Painesville, its designated representatives, boards, or commissions.

   (g)   Concentrated storm water runoff - Any storm water runoff that flows through a drainage pipe, ditch, diversion, or other discrete conveyance channel.

   (h)   Construction entrance - The permitted points of ingress and egress to development areas regulated under this regulation.

   (i)   Construction General Permit - The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of stormwater discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000006 and its successors).

   (j)   Critical area - Any area the disturbance of which would cause soil erosion and sediment runoff and damage to private properties, watercourses, storm sewers, or public lands due to topography, soil type, hydrology, or proximity to a watercourse. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.

   (k)   Designated review entity (DRE) - A City department, an outside contracted firm, or an outside contracted agency approved by the City of Painesville for review of plans to verify compliance with this Code.

   (l)   Development Area - A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

   (m)   Dewatering volume - See current Ohio Rainwater and Land Development Manual.

   (n)   Discharge - The addition of any pollutant to surface waters of the state from a point source.

   (o)   Disturbance - Any clearing, grading, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.

   (p)   Disturbed area - An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities such as grading, excavating, or filling.

   (q)   Drainage.

      (1)   The area of land contributing surface water to a specific point.

      (2)   The removal of excess surface water or groundwater from land by surface or subsurface drains.

   (r)   Drainage watershed- For the purpose of this regulation, the total contributing drainage area to a BMP, i.e., the "watershed" directed to the practice. This includes offsite contributing drainage.

   (s)   Drainage way - A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.

   (t)   Erosion - The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

   (u)   Erosion and sediment control - 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.

   (v)   Erosion and Sediment Control Plan - The written document meeting the requirements of this regulation which sets forth the plans and practices to be used to minimize soil erosion and prevent off-site disposal of soil sediment by containing sediment on-site or bypassing sediment-laden runoff through a sediment control measure during and after land development.

   (w)   Final stabilization - All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed. In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion. Final stabilization also requires the installation of permanent (post-construction) storm water control measures (SCMs).

   (x)   Grading - The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.

   (y)   Grubbing - Removing or grinding of roots, stumps, and other unwanted material below existing grade.

   (z)   Impervious - That which does not allow infiltration.

   (aa)   Landscape architect - A professional landscape architect registered in the State of Ohio.

   (bb)   Larger common plan of development or sale - A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

   (cc)   Maximum extent practicable (MEP) - The technology-based discharge standard for municipal separate storm sewer systems to reduce pollutants in storm water discharges that was established by the Clean Water Act § 402(p). A discussion of MEP as it applies to small MS4s is found in 40 C.F.R. 122.34.

   (dd)   Municipal separate storm sewer system (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:

      (1)   Owned or operated by the Federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or Federal law) including a special district under state law such as a sewer district, flood control district, or drainage districts, or similar entity, or a designated and approved management agency under § 208 of the Federal Water Pollution Control Act that discharges into surface waters of the state; and

      (2)   Designed or used for collecting or conveying solely storm water;

      (3)   Which is not a combined sewer; and

      (4)   Which is not a part of a publicly owned treatment works.

   (ee)   National Pollutant Discharge Elimination System (NPDES) -The national program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits and enforcing pretreatment requirements, under §§ 307, 402, 318, 405 under the Clean Water Act.

   (ff)   Operator - Any party associated with a construction project that meets either of the following two criteria:

      (1)   The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

      (2)   The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a storm water pollution prevention plan (SWP3) for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions).

   (gg)   Owner or operator - The owner or operator of any "facility or activity" subject to regulation under the NPDES program.

   (hh)   Parcel - A tract of land occupied or intended to be occupied by a use, building, or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a permanent parcel number assigned by the Lake County Auditor's Office.

   (ii)   Percent imperviousness - The impervious area created divided by the total area of the project site.

   (jj)   Permanent stabilization - Establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip rap, and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further disturbance is expected for at least one year.

   (kk)   Person - Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the Federal government, other legal entity, or an agent thereof.

   (ll)   Phasing - Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

   (mm)   Point source - Any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or the floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

   (nn)   Pre-construction meeting - A meeting between the City and all principal parties, prior to the start of any construction, at a site that requires an Erosion and Sediment Control Plan.

   (oo)   Pre-winter stabilization meeting - A meeting between the City and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires an Erosion and Sediment Control Plan.

   (pp)   Professional engineer - A professional engineer registered in the State of Ohio.

   (qq)   Qualified inspection personnel - A person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.

   (rr)   Rainwater and Land Development Manual - Ohio's standards for storm water management, land development, and stream protection. The most current edition of these standards shall be used with this regulation.

   (ss)   Riparian area - The transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs, and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, increase stream shading, and enhance wildlife habitat.

   (tt)   Runoff - The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

   (uu)   Runoff coefficient - The fraction of rainfall that will appear at the conveyance as runoff.

   (vv)   Sediment - 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.

   (ww)   Sediment settling pond - A sediment trap, sediment basin, or permanent basin that has been temporarily modified for sediment control, as described in the latest edition of Rainwater and Land Development.

   (xx)   Sediment storage volume - See current edition of Rainwater and Land Development.

   (yy)   Sedimentation - The deposition or settling of sediment.

   (zz)   Setback - A designated transition area around water resources that is left in a natural, usually vegetated, state so as to protect the water resources from runoff pollution. Soil-disturbing activities in this area are restricted by this regulation.

   (aaa)   Soil and Water Conservation District - An entity organized under Ohio R.C. Chapter 940 referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Lake County SWCD.

   (bbb)   Soil-disturbing activity - Clearing, grading, excavating, filling, grubbing, or stump removal that occurs during clearing or timber activities, 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.

   (ccc)   Stabilization - The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.

   (ddd)   Steep slopes - Slopes that are 15% or greater in grade. NOTE: If otherwise defined in community zoning, use community definition.

   (eee)   Storm water - Storm water runoff, snowmelt, and surface runoff and drainage.

   (fff)   Storm water pollution prevention plan (SWP3) - The written document that sets forth the plans and practices to be used to meet the requirements of this regulation. This typically contains the erosion and sediment control plan for the site.

   (ggg)   Subdivisions, Major and Minor - See Ohio Administrative Code 711.001 for definition.

   (hhh)   Surface outlet - A dewatering device that only draws water from the surface of the water.

   (iii)   Surface waters of the state, also water resource or water body - Any stream, lake, reservoir, pond, marsh, wetland, or other waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works, or disposal systems in Ohio R.C. 6111.01 are not included.

   (jjj)   Temporary stabilization - The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.

   (kkk)   Topsoil - The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.

   (lll)   Total maximum daily load - The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water resource, or wetland, or water resource or wetland segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standard.

   (mmm)   Unstable soils - A portion of land that is identified by the City of Painesville Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

   (nnn)   Water quality volume (WQv) - The volume of storm water runoff which shall be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.

   (ooo)   Water resource also surface water of the state - Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works, or disposal systems in Ohio R.C. 6111.01 are not included.

   (ppp)   Watershed - The total drainage area contributing runoff to a single point.

   (qqq)   Wetland - Those areas, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   Where this regulation is in conflict with other provisions of law or ordinance or requirements in the General Construction Permit, the most restrictive provisions shall prevail.

   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (c)   This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

   (d)   Failure of the City of Painesville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   This regulation requires that a storm water pollution prevention plan be developed and implemented for all soil-disturbing activities disturbing one or more acres of total land, or less than one acre if part of a larger common plan of development or sale disturbing one or more acres of total land. A storm water pollution prevention plan shall be developed and implemented for all commercial and industrial site development. The City Engineer may require a comprehensive storm water management plan on sites disturbing less than one acre.

   (b)   The following activities shall submit an abbreviated SWP3:

      (1)   New single-family residential construction that disturbs one-tenth up to one acre of land.

      (2)   Additions or accessory buildings for single-family residential construction that disturb one-tenth acre up to one acre.

      (3)   All non-residential construction that disturb one-tenth up to one acre of land.

      (4)   General clearing activities not related to construction that disturb one-tenth up to one acre of land.

   (c)   Activities disturbing one-tenth or less of an acre are not required to submit a SWP3 or an abbreviated SWP3, unless required by the City Engineer. These activities shall comply with all other provisions of this regulation.(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (c)   The City of Painesville and the Lake County SWCD shall review the plans submitted under Section 1143.06(a) or (b) for conformance with this regulation and approve, or return it with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a checklist or narrative report stating specific problems and the procedures for filing a revised plan. City has final approval.

   (d)   Soil-disturbing activities (including mechanized clearing) shall not begin and zoning, building, or grading permits shall not be issued without:

      (1)   Approved SWP3 or abbreviated SWP3.

      (2)   NOI submittal to Ohio EPA and NPDES permit covered issued.

      (3)   Physical marking in the field of protected areas or critical areas, including wetland and riparian areas.

      (4)   Installation of construction entrances, perimeter sediment barriers and other erosion and sediment controls that must be in place to address initial site conditions.

   (e)   SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.

   (f)   The developer, engineer, and contractor, and other principal parties, shall meet with the City Engineer for a pre-construction meeting no less than seven days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated, and construction personnel are aware of such devices and areas. Pre-construction meetings for abbreviated SWP3s may be waived at the discretion of the City Engineer.

   (g)   Approvals issued in accordance with this regulation shall remain valid for one year from the date of approval. The approved project shall be started within that year. Long-term construction projects scheduled to take longer than one year to complete will be addressed on a case-by-case basis.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the 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. All submittals required to show proof of compliance with these state and Federal regulations shall be submitted with SWP3s or abbreviated SWP3s, if not already on file with the City of Painesville Engineer or with the DRE.

      (1)   A letter from the site owner certifying that a qualified professional has evaluated the site and determined that Section 404 of the Clean Water Act is not applicable because there are no wetlands on site.

      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   The applicant shall submit a SWP3 that meets the requirements of the Construction General Permit and the following additional requirements. The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect. The SWP3 shall include control measures to ensure that discharges from the construction site and construction support activities comply with the nonnumeric effluent limitations contained in the Construction General Permit.

   (b)   In addition to all information required by the Construction General Permit, the SWP3 shall also include completed design tools found on Ohio EPA's website such as the Sediment Basin Compliance Spreadsheet.

   (c)   Before any off-site support areas such as borrow or spoil areas, concrete or asphalt batch plants, equipment staging yards or material storage areas are utilized, a SWP3 for the off-site support area must be submitted and approved by the City Engineer. The applicant shall ensure appropriate permits have been obtained to operate the off-site support area. Failure to do so can lead to enforcement action under Sections 1143.13 and 1143.14 of this code.

         A.   A description of the nature and type of the construction activity (e.g., residential, shopping mall, highway, etc.).

         B.   Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling, or grading, including off-site borrow areas).

         C.   A measure of the impervious area and percent of imperviousness created by the land disturbance.

         D.   Stormwater calculations, including the volumetric runoff coefficients for both the preconstruction and post-construction site conditions, and resulting water quality volume; design details for post-construction stormwater facilities and pretreatment practices such as contributing drainage areas, capacities, elevations, outlet details and drain times shall be included in the SWP3; and if applicable, explanation of the use of existing post construction facilities. Ohio EPA recommends the use of data sheets (See Ohio's Rainwater and Land Development manual and Ohio EPA resources for examples).

         E.   Existing data describing the soil and, if available, the quality of any discharge from the site.

         F.   A description of prior land uses at the site.

         G.   A description of the condition of any on-site streams (e.g. prior channelization, bed instability or headcuts, channels on public maintenance, or natural soil channels).

         H.   A BMP implementation schedule which describes the sequence of major construction operations (i.e. designation of vegetative preservation areas, grubbing, excavating, grading, utilities, infrastructure installation and others) and the implementation of erosion, sediment and stormwater management practices or facilities to be employed during each operation of the sequence.

         I.   The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water(s) and the areal extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed, or which will receive discharges from disturbed areas of the project. For discharges to an MS4, the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a stream or surface water of the state shall be indicated.

         J.   For subdivided developments, a detail drawing of individual parcels with their erosion, sediment or stormwater control practices and/or a typical individual lot showing standard individual lot erosion and sediment control practices.

               A typical individual lot drawing does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for critical areas such as steep slopes, stream banks, drainage ways and riparian zones.

         K.   Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.

         L.   A cover page or title identifying the name and location of the site, the name and contact information of all construction site operators, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated dates that construction will start and be complete.

         M.   A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.

         N.   Site map showing:

            1.   Limits of soil-disturbing activity of the site, including off site spoil and borrow areas that are not addressed by a separate NOI and associated SWP3.

            2.   Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils and/or known contaminated soils.

            3.   Existing and proposed one-foot contours. This shall include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.

            4.   Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

            5.   Existing and planned locations of buildings, roads, parking facilities, and utilities.

            6.   The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.

            7.   Sediment and storm water management basins including their sediment settling volume and the maximum expected disturbed area that will be directed to the sediment pond during construction. The plan should include a summary of the following:

               a.   The required sediment storage and dewatering volumes.

               b.   The provided sediment storage and dewatering volumes.

               c.   The weir length or skimmer size, as applicable.

               d.   The weir length or skimmer size provided.

            8.   Data sheets for all sediment traps, sediment basins, and SCMs that identify contributing drainage area, disturbed area, water quality volume, sedimentation volume, dewatering volume, practice surface area, facility discharge and dewatering time, outlet type and dimensions, and any other relevant parameters for each practice.

            9.   A separate plan and profile view of each individual sediment settling pond and its outlet structure. Detail drawings of the outlet structure shall indicate the following elevations:

               a.   Pond bottom.

               b.   Elevation required to store the required sediment storage volume.

               c.   For sediment basins, the elevation at which the skimmer is attached.

               d.   For sediment traps, the top and bottom of the stone outlet section.

               e.   Elevation required to store the dewatering volume, exclusive of the sediment storage volume.

               f.   Elevation of the top of embankment.

               g.   Crest of the emergency spillway.

            10.   Where used as a sediment-settling pond during construction, the plan shall include a detail drawing of the temporary outlet configuration of the permanent storm water basin with the following information specified:

               a.   Storage volume provided below the elevation at which the skimmer or other surface dewatering device is attached.

               b.   Elevation at which the skimmer or other surface dewatering device is attached.

               c.   Elevation at which the full dewatering zone is stored above the skimmer invert.

               d.   Any temporary modification to permanent outlet orifices or weirs required to ensure no discharge below the skimmer invert and only the skimmer controls the discharge up to the top of the dewatering volume.

               e.   Calculations of the sediment storage volume, dewatering volume, and skimmer drawdown time shall also be provided.

            11.   The location of permanent SCMs to be used to control pollutants in storm water after construction operations have been completed.

            12.   Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling.

            13.   Methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, storm water runoff, and snow melt.

            14.   Measures to prevent and respond to chemical spills and leaks. Applicants may also reference the existence of other plans (i.e., spill prevention control and countermeasure (SPCC) plans, spill control programs, safety response plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.

            15.   Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.

            16.   The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.

            17.   The location of any in-stream activities including stream crossings.

         A.   Data regarding the nature, distribution, strength, and erodibility of existing soils.

         B.   If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.

         C.   Conclusions and recommendations for grading procedures.

         D.   Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction has been completed.

         E.   Design criteria for corrective measures when necessary.

         F.   Opinions and recommendations covering the stability of the site.

         G.   Delineations of surface waters of the state located on the site. Affirmation by the U.S. Army Corps of Engineers may be required.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   Certified inspection reports shall be submitted to the City Engineer within seven working days from the inspection and retained at the development Site.

   The following standards will also apply:

   (a)   BMPs must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These BMPs must include, but are not limited to, the following:

      (1)   Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches in diameter and placed over a geotextile. Culverts shall be provided where construction entrances cross drainage ditches and water bars shall be provided to divert sediment-laden runoff away from connected roadways.

      (2)   Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off-site. Streets directly adjacent to construction entrances and receiving traffic from the development area shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly and protected from sediment-laden runoff; if feasible without posing a public safety hazard.

      (3)   Based on site conditions, City Engineer and/or the Lake County SWCD may require additional best management practices to control off-site tracking and dust. These additional BMPs may include:

         A.   Fencing shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.

         B.   Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The City Engineer and/or the Lake County SWCD may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.

   (b)   Construction vehicles shall avoid water resources. If it is infeasible to provide and maintain an undisturbed natural buffer around water resources, the SWP3 shall comply with all the following additional requirements:

      (2)   Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.

      (3)   Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.

      (4)   Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.

   (d)   

 

 

 

 

 

 

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   In order to control sediment pollution of water resources, the applicant shall submit an abbreviated SWP3 in accordance with the requirements of this regulation.

   (b)   The abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.

   (c)   The abbreviated SWP3 shall include a minimum of the following BMPs. The City may require other BMPs as site conditions warrant.

 

 

         A.   When BMPs require repair/maintenance. If the internal inspection reveals that a BMP is in need of repair or maintenance, with the exception of a sediment-settling pond, it shall be repaired or maintained within three days of the notification of the inspection findings. Sediment settling ponds shall be repaired or maintained within ten days of the notification of the inspection.

         B.   When BMPs fail to provide their intended function. If the internal inspection reveals that a BMP fails to perform its intended function and that another, more appropriate control practice is required, the abbreviated SWP3 shall be amended and the new control practice shall be installed within ten days of the notification of the inspection.

         C.   When BMPs depicted on the abbreviated SWP3 are not installed. If the internal inspection reveals that a BMP has not been implemented in accordance with the schedule, the BMP must be implemented within ten days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   The SWP3 and abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Painesville and the Lake County SWCD before the review process begins. Please consult with the City Engineer and the Administrator for the current fee schedule. Applicants will be charged $250, or the amount charged in Lake County SWCD's current fee schedule for each additional inspection that the Lake County SWCD must conduct if a site has one of the following compliance issues:

   (a)   Construction activities have started with no SWP3 completed;

   (b)   Failure to install sediment basin(s) when the SWP3 and/or site drainage clearly indicates as a first step (within seven days prior to grading and within seven days of grubbing);

   (c)   Failure to implement any sediment/erosion controls; or

   (d)   Dewatering activities resulting in turbid discharges.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   If a SWP3 or abbreviated SWP3 is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond or deposit has been provided to the City Finance Department to be held in deposit trust. The amount shall be a five thousand dollar ($5,000) minimum, and an additional five thousand dollars ($5,000) paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City. When the bond amount falls below one thousand dollars ($1,000), another bond shall be due. The bond will be used for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less City administrative fees established by Council in accordance with Section 1105.05, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City Engineer and the Administrator.

   (b)   A portion of the bond (equivalent of all cost to apply final stabilization) will be retained until all areas disturbed by construction activity are permanently stabilized and a Notice of Termination has been submitted to Ohio EPA. Where vegetative growth is used to achieve permanent stabilization, the area shall comply with final stabilization requirements of the Construction General Permit.

   (c)   No project subject to this regulation shall commence without a SWP3 or abbreviated SWP3 approved by the City Engineer and the Administrator, unless so authorized by the City Manager.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   If the City and/or the Lake County SWCD or its duly authorized representative(s) determines that a violation of the rules adopted under this Code exist, the City or representative may issue an immediate stop work order if the violator failed to obtain any Federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.

   (b)   All development areas may be subject to external inspections by the City of Painesville and/or the Lake County SWCD to ensure compliance with the approved SWP3 or abbreviated SWP3.

   (c)   After each external inspection, the City, or its authorized agent, and/or the Lake County SWCD shall prepare and distribute a status report to the applicant.

   (d)   If an external inspection determines that operations are being conducted in violation of the approved SWP3 or abbreviated SWP3, the City and/or the Lake County SWCD may take action as detailed in Sections 1143.13 and 1143.14 of this regulation.

   (e)   Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation. The penalty is determined by the total number of violations per site even if the violations are for different BMPs.

   (f)   The City Engineer shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this Code.

   (g)   A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the City on the site's compliance status.

   (h)   The City Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these rules.

   (i)   The City Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The City Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.

   (i)   The City shall not issue building permits for projects regulated under this Code that have not received approval for an SWP3 for said project(s).

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   No person shall violate or cause or knowingly permit to be violated any of the provisions of this ordinance or regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this ordinance or regulation, or knowingly use or cause or permit the use of any lands in violation of this ordinance or regulation or in violation of any permit granted under this ordinance or regulation.

   (b)   Upon notice, the City Engineer or the Administrator may suspend any active soil- disturbing activity for a period not to exceed 90 days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this ordinance or regulation.

   (c)   Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Administrator finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   Any person aggrieved by any order, determination, or any other action or inaction by the City in relation to this ordinance or regulation may appeal to the court of common pleas. Such appeal shall be made in conformity with the procedures set forth in Section 1111.12, however, the appeal shall be to the court of common pleas and not to the Board of Zoning Appeals. Written notice of appeal shall be served on the City and a copy shall be provided to the Lake County SWCD.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)

   (a)   Any violation of this chapter shall be subject to the violations and remedies provisions of Chapter 1105. The penalty section is set forth below in subsection (b).

   (b)   Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than 60 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (c)   The imposition of any other penalties provided herein shall not preclude the City of Painesville instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City.

(Ord. 16-19. Passed 9-16-19; Ord. 12-25. Passed 3-31-25.)