Parma Heights City Zoning Code

TITLE ONE

Planning

CHAPTER 1103 Subdivision Regulations

EDITOR'S NOTE: There are no sections in Chapter 1103. This chapter has been established to provide a place for cross references and any future legislation.

CROSS REFERENCES

Planning Commission powers - see CHTR. Art. N, § 9

Plat and subdivision defined - see Ohio R.C. 711.001

Planning Commission to be Platting Commission - see Ohio R.C. 713.03

Planning Commission to control buildings - see Ohio R.C. 713.04

Planning Commission - see P. & Z. Ch. 1101

1101.01 POWERS.

The Planning Commission shall have all the powers enumerated and conferred by the City Charter by Ohio R.C. 735.15 and 713.01 through 713.15 and by ordinance of Council.

(Ord. 2018-5. Passed 2-12-18.)

1101.02 MEETINGS; RECORDS.

All meetings of the Planning Commission shall be open to the public and all proceedings and votes taken shall be recorded and constitute a public record. In the event of a disapproval of any proposal or matter before the Commission, the reasons therefor shall be accurately and concisely set forth in writing and made a part of such record.

(Ord. 1953-29. Passed 6-1-53; Ord. 2018-5. Passed 2-12-18.)

1101.03 RULES AND REGULATIONS.

The Planning Commission shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Planning and Zoning Code.

(Ord. 1953-29. Passed 6-1-53; Ord. 2018-5. Passed 2-12-18.)

1101.04 TIME LIMITATIONS ON COMMISSION APPROVALS.

(a) After any project is approved by the Planning Commission, the applicant shall commence with construction of the project not more than twelve months after the approval or the approval shall be deemed null and void by the Planning Commission.

(b) Applicants granted approval by the Planning Commission shall apply for a building permit within 180 days of the approval.

(c) Any applicant who has not complied with Section 1101.04 (b) shall have the Planning Commission approval revoked and may reapply to the Planning Commission for consideration of site plan approval.

(d) In no case shall a Planning Commission approval be valid for a period of longer than twelve months unless a building permit is issued and construction is commenced within that period and is diligently pursued to completion or the approved use is commenced within that time period.

(e) The Planning Commission may, for good cause shown, extend the time limit, set forth in Section 1101.04 (a), but in no case more than eighteen months from and/or after the date of the original issuance of the Planning Commission approval. A request to extend the time limit shall be filed with the Planning Commission not less than sixty days prior to the expiration of the original approval date.

(Ord. 2018-5. Passed 2-12-18.)

1104.01 COMMUNITY REINVESTMENT AREA #2.

Based upon the recommendations and upon the housing survey prepared and submitted to City Council, and Council's own knowledge of the facts and conditions existing in the City Community Reinvestment Area #2 (CRA #2), City Council finds and determines that: The City CRA #2 constitutes an area in which housing facilities or structures of historical significance are located, and in which new housing construction and the repair of existing facilities or structures are discouraged.

(Ord. 2016-2. Passed 2-8-16.)

1104.02 ESTABLISHMENT.

(a) Pursuant to Ohio R.C. 3735.66, the City CRA #2 is hereby established and designated as a community reinvestment area meeting the requirements of Ohio R.C. 3735.65 through 3735.70, and said City CRA #2 is hereby established and designated as the entire City boundaries, as depicted in Exhibit A attached to Ordinance 2013-14, passed March 25, 2013.

(b) Only residential, commercial and/or industrial properties consistent with the applicable zoning regulations within the City CRA #2 will be eligible for exemptions under this Program.

(Ord. 2016-2. Passed 2-8-16.)

1104.03 INCENTIVES.

All properties identified in Exhibit A, attached to Ordinance 2013-14, as being within the designated community reinvestment area are eligible for this incentive: new construction and remodeling of residential, commercial and/or industrial facilities. This proposal is a public/private partnership intended to promote and expand conforming uses in the designated area.

(Ord. 2016-2. Passed 2-8-16.)

1104.04 TAX EXEMPTION.

Within the Community Reinvestment Area, the percentage of the tax exemption on the increase in the assessed valuation resulting from new construction and remodeling improvements to commercial and industrial real property and the term of those exemptions shall be negotiated on a case by case basis in advance of construction or remodeling occurring according to the rules outlined in Ohio R.C. 3765.67, subject to the maximum percentages and periods set forth below. The results of the negotiation as approved by Council will be set in writing in a community reinvestment area agreement as outlined in Ohio R.C. 3735.671. For residential property, a tax exemption on the increase in the assessed valuation resulting from the improvements as described in Ohio R.C. 3735.67 shall be granted upon application by the property owner and certification thereof by the designated housing officer for the following percentages and exemption periods. Residential applications must be filed with the housing officer no later than twelve months after construction completion.

(a) Ten years, for the remodeling of every residential dwelling containing not more than four housing units and upon which the cost of remodeling is at least two thousand five hundred dollars ($2,500), as described in Ohio R.C. 3735.67, and with such exemption being 100 percent for each of the ten years.

(b) Ten years for the new construction of owner occupied residential dwellings containing not more than four housing units, as described in Ohio R.C. 3735.67, with such exemption being 100 percent for each of the ten years.

(c) Up to, and including twelve years, and up to, and including 100 percent for the remodeling of existing commercial and industrial facilities and upon which the cost of remodeling is at least five thousand dollars ($5,000) as described in Ohio R.C. 3735.67, the term and percentage of which shall be negotiated on a case-by-case basis in advance of remodeling occurring.

(d) Up to, and including fifteen years, and up to, and including 100 percent for the construction of new commercial and industrial facilities, the term and percentage of which shall be negotiated on a case-by-case basis in advance of construction occurring.

(e) All commercial and industrial projects are required to comply with the State application fee requirements of Ohio R.C. 3735.672(c) and the local annual monitoring fee of one percent of the amount of taxes exempted under the agreement a minimum of five hundred dollars ($500.00) up to a maximum of two thousand five hundred dollars ($2,500) annually unless waived.

(Ord. 2016-2. Passed 2-8-16.)

1104.05 COMMERCIAL STRUCTURES.

(a) For the purposes of this chapter, all residential structures composed of more than four units are classified as commercial, including apartment and condominium units and townhouses.

(b) If remodeling qualified for an exemption, during the period of the exemption, the exempted percentage of the dollar amount of the increase in market value of the structure shall be exempt from real property taxation. If new construction qualifies for an exemption, the exempted percentage of the structure shall not be considered to be an improvement on the land on which it is located for the purpose of real property of real property taxation.

(Ord. 2016-2. Passed 2-8-16.)

1104.06 ADMINISTRATION BY HOUSING OFFICER.

To administer and implement the provisions of the City's CRA Program in accordance with Ohio R.C. 3735.65 through 3735.70, the Building & Housing Coordinator is hereby designated as the Housing Officer. The Housing Officer is authorized and directed to receive applications and grant real property tax exemptions for remodeling consistent with this chapter, and is further authorized and directed to make annual inspections of properties within the City CRA for which exemptions have been granted, and to keep the Housing Council and Tax Incentive Review Council (as defined in Section 1104.08) apprised of any revocations of CRA tax exemption made for lack of adequate property maintenance or compliance with a CRA agreement in accordance with Ohio R.C. 3735.68.

(Ord. 2016-2. Passed 2-8-16.)

1104.07 ESTABLISHMENT OF HOUSING COUNCIL; TERMS; DUTIES.

A Community Reinvestment Area Housing Council (the "Housing Council") shall be established, consisting of two members appointed by the Mayor, two members appointed by the Council, one member appointed by the Planning Commission, and two residents of the City, appointed by a majority of the first five members, which appointments are hereby authorized to be made. Terms of the members of the Housing Council shall be for three years. An unexpired term resulting from a vacancy in the Housing Council shall be filled in the same manner in which the initial appointment was made. The Mayor, the City Council and Planning Commission are hereby authorized and directed to make their respective appointments to the Housing Council and those five appointed members are authorized to appoint the final two members. The Housing Council shall make an annual inspection of the properties within the CRA for which an exemption has been granted and shall hear appeals under Ohio R.C. 3735.70 from property owners whose CRA applications have been denied or tax exemptions revoked by the Housing Officer.

(Ord. 2016-2. Passed 2-8-16.)

1104.08 ESTABLISHMENT OF TAX INCENTIVE REVIEW COUNCIL; DUTIES.

A Tax Incentive Review Council (the "TIRC") shall be established pursuant to Ohio R.C. 5709.85. The TIRC shall consist of three representatives appointed by the county, two representatives appointed by the Mayor with concurrence of City Council, the County Fiscal Officer (or his/her designee) and a representative of each affected board of education located in the City CRA, including any joint vocational school district. At least two members of the TIRC shall be residents of the City. The TIRC shall review annually the compliance of all agreements involving the granting of exemptions for commercial or industrial real property improvements under Ohio R.C. 3735.671, and make written recommendations to the City Council as to continuing, modifying or terminating said agreement based upon the performance of the agreement.

(Ord. 2016-2. Passed 2-8-16.)

1104.09 RE-EVALUATION BY CITY COUNCIL.

City Council reserves the right to re-evaluate the designation of the City CRA after December 31, 2014 and on an annual basis thereafter, at which time City Council may direct the Housing Officer not to accept any new applications for exemptions as described in Ohio R.C. 3735.67, with respect to any additional construction or remodeling thereafter commenced.

(Ord. 2016-2. Passed 2-8-16.)

1105.01 PURPOSE AND SCOPE.

(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 City of Parma Heights.

(b) This regulation will:

(1) Allow development while minimizing increases in erosion and sedimentation.

(2) Reduce water quality impacts to receiving water resources that may be caused by new development, 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 highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing.

(Ord. 2023-77. Passed 1-8-24.)

1105.02 DEFINITIONS.

The definitions contained in Ohio Environmental Protection Agency’s ("Ohio EPA") Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied for under this chapter shall apply to this chapter, and the following definitions shall also apply. For purpose of this regulation, the following terms shall have the meaning herein indicated:

(a) “Abbreviated erosion and sediment control plan” means 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 (0.1) to one (1) acre of land.

(b) “Acre” means a measurement of area equaling 43,560 square feet.

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

(d) “Community” means throughout this regulation, this shall refer to the City of Parma Heights, its designated representatives, boards, or commissions.

(e) “Construction entrance” means the permitted points of ingress and egress to development areas regulated under this regulation.

(f) “Construction general permit” means the most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).

(g) “Critical area” means any area the disturbance of which would cause soil erosion and sediment runoff and damage to private properties, water courses, storm sewers or public lands due to topography, soil type, hydrology, or proximity to a water course. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.

(h) “Development area” means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(i) “Dewatering volume” see current Ohio Rainwater and Land Development Manual.

(j) “Discharge” means the addition of any pollutant to surface waters of the state from a point source.

(k) “Disturbance” means any clearing, grading, grubbing, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.

(l) “Disturbed area” means 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.

(m) “Drainage” means (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.

(n) “Drainage way” means a natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.

(o) “Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(p) “Erosion and sediment control” means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.

(q) “Erosion and sediment control plan” means 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.

(r) “Grading” means the excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.

(s) “Grubbing” means removing or grinding of roots, stumps, and other unwanted material below existing grade.

(t) “Impervious” that which does not allow infiltration.

(u) “Landscape architect” means a professional landscape architect registered in the State of Ohio.

(v) “Major and minor subdivisions” see Ohio Administrative Code 711.001 for definition.

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

(x) “Percent imperviousness” means the impervious area created divided by the total area of the project site.

(y) “Person” means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.

(z) “Phasing” means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(aa) “Pre-construction meeting” means a meeting between the City of Parma Heights and all principal parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.

(bb) “Pre-winter stabilization meeting” means a meeting between the City of Parma Heights and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan.

(cc) “Runoff” means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

(dd) “Sediment” means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.

(ee) “Sedimentation” means the deposition or settling of sediment.

(ff) “Sediment storage volume” see current edition of Rainwater and Land Development.

(gg) “Soil disturbing activity” means 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.

(hh) “Soil & water conservation district” means an entity organized under Chapter 940 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga SWCD.

(ii) “Stabilization” means the use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.

(jj) “Stormwater pollution prevention plan (SWP3)” means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(kk) “Stormwater” means storm water runoff, snow melt and surface runoff and drainage.

(ll) “Surface outlet” means a dewatering device that only draws water from the surface of the water.

(mm) “Temporary stabilization” means 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.

(nn) “Topsoil” means the upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.

(oo) “Unstable soils” means a portion ofland that is identified by the City 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.

(pp) “Water resource also surface water of the state” means 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 Section 6111.01 of the Ohio Revised Code are not included.

(qq) “Watershed” means the total drainage area contributing runoff to a single point.

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

(Ord. 2023-77. Passed 1-8-24.)

1105.03 DISCLAIMER OF LIABILITY.

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

(Ord. 2023-77. Passed 1-8-24.)

1105.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

(a) Where this regulation is in conflict with other provisions of law or ordinance or requirements in the Construction General 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 Parma Heights 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 of Parma Heights, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 2023-77. Passed 1-8-24.)

1105.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.

(a) This regulation requires that a Storm Water Pollution Prevention Plan (SWP3) be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land. The City Engineer may require a SWP3 for sites disturbing less than one (1) acre.

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

(1) New single-family residential construction that disturbs one-tenth (0.1) up to one (1) acre of land.

(2) Additions or accessory buildings for single-family residential construction that disturb one-tenth (0.1) up to one (1) acre of land.

(3) All non-residential construction that disturbs one-tenth (0.1) - up to one (1) acre of land.

(4) General clearing activities not related to construction that disturb one-tenth (0.1) up to one (1) acre of land.

(5) Activities disturbing one-tenth (0.1) or less of an acre are not required to submit a SWP3, unless required by the City Engineer. These activities must comply with all other provisions of this regulation.

(Ord. 2023-77. Passed 1-8-24.)

1105.06 APPLICATION PROCEDURES.

(a) Soil disturbing activities submitting a stormwater pollution prevention plan (SWP3). The applicant shall submit the SWP3 and the applicable fees to the City of Parma Heights:

(1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.

(2) For other construction projects: Before issuance of a permit by the City.

(3) For general clearing projects: Prior to issuance of a permit by the City.

(b) Soil disturbing activities submitting an abbreviated stormwater pollution prevention plan (SWP3). The applicant shall submit the abbreviated SWP3 and the applicable fees to the City of Parma Heights as follows:

(1) For single-family home construction: Before issuance of a permit by the City.

(2) For other construction projects: Before issuance of a permit by the City.

(3) For general clearing projects: Prior to issuance of a permit by the City.

(c) The City Engineer shall review the plans submitted under 1105.06(a) or (b) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a checklist or narrative report stating specific problems and the procedures for filing a revised plan.

(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 coverage issued.

(3) Physical marking in the field of protected areas or critical areas, including wetlands 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 (7) 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 (1) year from the date of approval.

(Ord. 2023-77. Passed 1-8-24.)

1105.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with SWP3s or Abbreviated SWP3s.

(a) Ohio EPA Construction General Permit: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI), a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit including the NPDES Facility Permit number assigned by Ohio EPA, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable. Please note that when a separate SWP3 shall be prepared for a separate phase or stage of development, a separate NOI or NPDES Facility Permit number must be provided.

(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable because there are no wetlands on site. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

(c) Ohio EPA Isolated Wetland or Ephemeral Stream Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit or Ephemeral Stream application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit or Ephemeral Stream Permit is not applicable because there are no wetlands or ephemeral streams on the site. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

If an Individual Permit is not required. the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:

(1) A letter from the site owner certifying that a qualified professional has 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 an application is made under this regulation.

(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

(Ord. 2023-77. Passed 1-8-24.)

1105.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3).

(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 non- numeric 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 1105.13 and 1105.14 of this code.

(d) The City Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings and shall contain all the information listed below. Recommendations included in the report and approved by the City Engineer shall be incorporated in the grading plans and/or other specifications for site development.

(1) Data regarding the nature, distribution, strength, and erodibility of existing soils.

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

(3) Conclusions and recommendations for grading procedures.

(4) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.

(5) Design criteria for corrective measures when necessary.

(6) Opinions and recommendations covering the stability of the site.

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

(Ord. 2023-77. Passed 1-8-24.)

1105.09 PERFORMANCE STANDARDS.

The SWP3 must contain a description of the controls appropriate for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet criteria established within the current Construction General Permit. BMPs must be designed, constructed and installed to meet the specifications in Rainwater and Land Development or another design manual acceptable to the City of Parma Heights. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the Construction General Permit. Certified inspection reports shall be submitted to the City Engineer within seven (7) 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 (2) inches in diameter 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, the City Engineer 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 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:

(1) All stream crossings shall be designed as specified in the most recent edition of Rainwater and Land Development.

(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.

(c) For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer, engineer and contractor of the project and the City of Parma Heights prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current online edition of Rainwater and Land Development.

(Ord. 2023-77. Passed 1-8-24.)

1105.10 ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3).

(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 of Parma Heights may require other BMPs as site conditions warrant.

(1) Construction Entrances: Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two (2) inches in diameter and placed over a geotextile fabric.

(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be indicated on the plan. Use for other waste and wastewater is prohibited.

(3) Street Sweeping: Streets directly adjacent to construction entrances and receiving traffic from the development area shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.

(4) Stabilization. The development area shall be stabilized as detailed in Table 4.

Table 4: Stabilization

Area requiring stabilization	Time frame to apply erosion controls
Any disturbed area within 50 feet of a surface water of the state and not at final grade.	Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days.
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream.	Within 7 days of the most recent disturbance within the area.
Disturbed areas that will be idle over winter.	Prior to November 1.
Areas at final grade	Within 7 days of reaching final grade or within 2 days of reaching final grade for areas within 50 feet of a surface water of the state.
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting.

(5) Inlet Protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed on storm water catch basins located on the subject property and, if there is no threat to public safety, on curb inlets closest to the construction entrance, to minimize sediment-laden water entering active storm drain systems, including rear yard inlets.

(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the City of Parma Heights shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in the Construction General Permit.

(7) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24-hour period. Maintenance shall occur as detailed below:

A. When BMPs require repair or 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 must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.

B. When 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 must be amended and the new control practice must be installed within ten (10) days 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 (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

(8) Final Stabilization: Final stabilization is achieved when the site has reached 70% cover and when the City Engineer approves the site condition.

(Ord. 2023-77. Passed 1-8-24.)

1105.11 FEES.

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 Parma Heights before the review process begins. Please consult with the City Engineer for current fee schedule.

(Ord. 2023-77. Passed 1-8-24.)

1105.12 BOND.

(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 deposited with the City of Parma Heights Finance Department. The amount shall be a $2,000 minimum, and an additional $2,000 paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City of Parma Heights. The bond will be used for the City of Parma Heights 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 of Parma Heights administrative fees as detailed in the City of Parma Heights Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City Engineer.

(b) A portion of bond (equivalent of 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.

(Ord. 2023-77. Passed 1-8-24.)

1105.13 ENFORCEMENT.

(a) If the City of Parma Heights or its duly authorized representative determines that a violation of the rules adopted under this code exist, the City of Parma Heights 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 Engineer and/or his duly authorized representative to ensure compliance with the approved SWP3 or Abbreviated SWP3.

(c) After each external inspection, the City Engineer and/or his duly authorized representative 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 Engineer and/or his duly authorized representative may take action as detailed in Sections 1105.13 and 1105.14 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.

(1) First Violation: The City Engineer will issue a Notice of Deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three (3) days of the notification. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.

(2) Second Violation: The City Engineer may issue a formal Notice of Violation which includes a $500 administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three (3) days of the Notice of Violation. If controls have not been corrected after this time, the City Engineer may issue a Stop Work Order for all activities until corrections have been made.

(3) Third and subsequent violations: The City Engineer may issue a Stop Work Order for all construction activities and charge a $1,000 administrative fee against the SWP3 bond or site plan deposit. The Stop Work Order will be lifted once all controls are in compliance with the approved SWP3 plan.

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

(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 of Parma Heights and the site operator 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.

(j) The City of Parma Heights shall not issue building permits for projects regulated under this code without approved SWP3s.

(Ord. 2023-77. Passed 1-8-24.)

1105.14 VIOLATIONS.

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

(b) Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

(Ord. 2023-77. Passed 1-8-24.)

1105.15 APPEALS.

(Ord. 2023-77. Passed 1-8-24.)

1105.99 PENALTY.

(a) 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 sixty (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.

(b) The imposition of any other penalties provided herein shall not preclude the City of Parma Heights 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 of Parma Heights.

(Ord. 2023-77. Passed 1-8-24.)

1106.01 PURPOSE AND SCOPE.

(a) The purpose of this regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the City of Parma Heights.

(b) This regulation requires owners who develop or re-develop their property within the City of Parma Heights to:

(1) Control stormwater runoff from their property and ensure that all Stormwater Control Measures (SCMs) are properly designed, constructed, and maintained.

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

(3) Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and groundwater are protected and flooding and erosion potential are not increased.

(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.

(5) Preserve natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

(6) Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.

(7) Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.

(8) Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City of Parma Heights' future expenses related to the maintenance and repair of stream crossings.

(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.

(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1106.01.

(d) Public entities, including the State of Ohio, Cuyahoga County, and the City of Parma Heights shall comply with this regulation for linear projects within public rights-of-way (e.g. roadway and sidewalk projects).

(e) This regulation does not require a Comprehensive Stormwater Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City Engineer or Ohio EPA Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1105 Erosion and Sediment Control.

(Ord. 2023-78. Passed 1-8-24.)

1106.02 DEFINITIONS.

The definitions contained in Ohio Environmental Protection Agency’s ("Ohio EPA") Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" and Ohio EPA's Municipal Separate Storm Sewer (MS4) Permit entitled "Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Stormwater Under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied for under this chapter shall apply to this chapter and the following definitions shall also apply:

(a) “A” means a measurement of area equaling 43,560 square feet.

(b) “As-built survey” means a survey shown on a plan or drawing prepared by a registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

(d) “Comprehensive stormwater management plan” means the written document and plans meeting the requirements of this regulation that sets forth the plans, practices, and SCMs to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.

(e) “Construction general permit” means the most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).

(f) “Critical storm” means a storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1-year 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.

(g) “Development area” means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(h) “Development drainage area” means a combination of each hydraulically unique watershed with individual outlet points on the development area.

(i) “Disturbed area” means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(j) “Drainage” means the removal of excess surface water or groundwater from land by surface or subsurface drains.

(k) “Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(l) “Grading” means the process in which the topography of the land is altered to a new slope.

(m) “Impervious cover” means any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

(n) “Maximum extent practicable” means the level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.

(o) “Post-development” means the conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

(p) “Pre-construction meeting” means meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors, and owners to review agency requirements and plans as submitted and approved.

(q) “Pre-development” means the conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

(r) “Professional engineer” means A PROFESSIONAL ENGINEER REGISTERED IN THE State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

(s) “Runoff” means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

(t) “Sediment” means the soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

(u) “Site owner” means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

(v) “Soil disturbing activity” means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.

(w) “Stormwater control measure (SCM)” means a structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCMs are a subset of Best Management Practices (BMPs) as defined in the Construction General Permit.

(x) “Water resource” means 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 Section 6111.01 of the Ohio Revised Code are not included.

(y) “Water resource crossing” means any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

(z) “Watershed” means the total drainage area contributing stormwater runoff to a single point.

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

(Ord. 2023-78. Passed 1-8-24.)

1106.03 DISCLAIMER OF LIABILITY.

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

(b) By approving a Comprehensive Stormwater Management Plan under this regulation, the City of Parma Heights does not accept responsibility for the design, installation, and operation and maintenance of SCMs.

(Ord. 2023-78. Passed 1-8-24.)

1106.04 CONFLICTS, SEVERABILITY, NUISANCES &RESPONSIBILITY.

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

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

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

(Ord. 2023-78. Passed 1-8-24.)

1106.05 DEVELOPMENT OF COMPREHENSIVE STORMWATER MANAGEMENT PLANS.

(a) This regulation requires that a Comprehensive Stormwater Management Plan be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1106.01(c) is proposed. A Comprehensive Stormwater Management Plan must be developed and implemented for all commercial and industrial site development disturbing more than two-tenths (0.2) of an acre. The City Engineer may require a Comprehensive Stormwater Management Plan for any soil disturbing activity.

(b) The City of Parma Heights shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City of Parma Heights may consult with the Cuyahoga SWCD, state agencies, private engineers, stormwater districts, or other technical experts in reviewing the Comprehensive Stormwater Management Plan.

(Ord. 2023-78. Passed 1-8-24.)

1106.06 APPLICATION PROCEDURES.

(a) Pre-Application Meeting. The applicant shall attend a Pre-Application Meeting with the City Engineer to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule.

(b) Preliminary Comprehensive Stormwater Management Plan. The applicant shall submit two (2) sets of a Preliminary Comprehensive Stormwater Management and the applicable fees to the City Engineer. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, SCMs, and easements in sufficient detail and engineering analysis to allow the City Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed SCMs are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:

(1) For subdivisions: In conjunction with the submission of the preliminary subdivision plan.

(2) For other construction projects where the development or redevelopment plan will result in the installation of impervious area, artificial turf or permeable pavement systems: In conjunction with the application for a building permit.

(c) Final Comprehensive Stormwater Management Plan. The applicant shall submit two (2) sets of a Final Comprehensive Stormwater Management Plan and the applicable fees to the City Engineer in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site. Final Comprehensive Stormwater Management Plans shall meet the requirements of Section 1106.08 and shall be approved by the City Engineer prior to approval of the final plat and/or before issuance of a building permit by the Building Department.

(d) Review and Comment. The City Engineer shall review the Preliminary and Final Plans submitted and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan.

(e) Approval Necessary. The Building Commissioner shall not issue a building permit without an approved Comprehensive Stormwater Management Plan.

(f) Valid for Two Years. Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval or as stipulated in the Construction General Permit.

(Ord. 2023-78. Passed 1-8-24.)

1106.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City of Parma Heights will issue a building or zoning permit.

(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI), a copy of the Ohio EPA Director's Authorization Letter with NPDES Facility Permit number for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.

(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(c) Ohio EPA Isolated Wetland or Ephemeral Stream Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit or Ephemeral Stream Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit or Ephemeral Stream Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.

(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:

(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water Resources permit application tracking number, a copy of the project approval letter from the ODNR Division of Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

(Ord. 2023-78. Passed 1-8-24.)

1106.08 COMPREHENSIVE STORMWATER MANAGEMENT PLAN.

Comprehensive Stormwater Management Plan Required: The applicant shall develop a Comprehensive Stormwater Management Plan describing how the quantity and quality of stormwater will be managed after construction is completed for every discharge from the site and/or into a water resource or small municipal separate storm sewer system (MS4). Comprehensive Stormwater Management Plans must meet the requirements in the Construction General Permit and these regulations.

(a) Preparation by Professional Engineer. The Comprehensive Stormwater Management Plan shall be prepared by a registered Professional Engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the City Engineer, a site survey shall be performed by a registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.

(b) Community Procedures. The City Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the stormwater management system for the site. These procedures may be updated from time to time, at the discretion of the City Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The City Engineer shall make the final determination of whether SCMs proposed in the Comprehensive Stormwater Management Plan meet the requirements of this regulation.

(c) Contents of Comprehensive Stormwater Management Plan. The Comprehensive Storm water Management Plan must contain all elements and meet all requirements specified in the Construction General Permit. It shall also meet the following requirements.

(1) Location information: The application shall note the phase, if applicable, of the overall development plan and list sublot numbers if project is a subdivision.

(2) Site maps and SCM design plans: It is preferred that all SCMs and the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided. Existing and proposed drainage patterns and any relevant offsite SCMs should be depicted. For each SCM, include the following:

A. An individual identification number.

B. Location and size.

C. Final site conditions and detail drawings of stormwater inlets and permanent SCMs. Details of SCMs shall be drawn to scale and shall show relevant volumes, elevations and sizes of contributing drainage areas.

D. A completed Ohio EPA WQv Calculator Spreadsheet and/or Runoff Reduction Spreadsheet or other equivalent compliance tools provided by Ohio EPA.

E. Any supplemental information requested by the City Engineer.

(3) Required Calculations: The applicant shall submit calculations for projected stormwater runoff flows, volumes, and timing into and through all SCMs for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from offsite areas have been considered in the calculations. For each SCM, identify the drainage area and size in acres, percent impervious cover within the drainage area, volumetric runoff coefficient, peak discharge, and the time of concentration for each subwatershed. Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the City Engineer. Identify the SCM surface area, discharge and dewatering time, outlet type and dimensions.

(4) Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for SCMs under this regulation is a stand-alone document between the City of Parma Heights and the applicant. This agreement shall be recorded with the County.

(5) Inspection and Maintenance Plan. This plan will meet the requirements of the Construction General Permit and will be developed by the applicant and reviewed by the City Engineer. Maintenance requirements of each SCM during and after construction should be included. Once the Inspection and Maintenance Plan is approved, a recorded copy of the Plan must be provided to the property owner or association that will be responsible for long-term operation and maintenance of the BMP and submitted to the City Engineer as part of the final inspection approval as described in 1106.12.

(Ord. 2023-78. Passed 1-8-24.)

1106.09 PERFORMANCE STANDARDS.

(a) General: The stormwater system, including SCMs for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; to meet the requirements of the Construction General Permit; and to meet the following criteria:

(1) Integrated SCMs that address degradation of water resources. The SCMs shall function as an integrated system that controls flooding and minimizes the degradation of the water resources receiving stormwater discharges from the site. Acceptable SCMs shall:

A. Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project and complies with Chapter 1107.

B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable. Where feasible, bioretention, permeable pavement with infiltration, underground storage with infiltration, infiltration trenches, infiltration basins, and/or rainwater harvesting must be the water quality SCMs used. Separate SCMs may be used for peak discharge control and water quality treatment.

C. Only install new impervious surfaces and compact soils where necessary to support the future land use.

D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing stormwater peak flows to less than predevelopment levels.

E. Be designed according to the methodology included in the most current edition of Rainwater and Land Development or another design manual acceptable for use by the City of Parma Heights and Ohio EPA.

(2) Practices designed for final use: SCMs shall be designed to achieve the stormwater management objectives of this regulation, to be compatible with the proposed post- construction use of the site, to protect the public health, safety, and welfare, and to function safely with routine maintenance.

(3) Stormwater management for all lots: Areas developed for a subdivision, as defined in Chapter 1103 - Subdivision Regulations, shall provide stormwater management and water quality controls for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the predevelopment runoff patterns, volumes, and peaks from each lot.

(4) Stormwater facilities in water resources: SCMs and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1106.07 of this regulation, and the activity is in compliance with Chapter 1105 Erosion and Sediment Control, Chapter 1107 Riparian Setbacks, and Chapter 1108 Wetland Setbacks, all as determined by the City Engineer.

(5) Stormwater ponds and surface conveyance channels: All stormwater pond and surface conveyance designs must provide a minimum of two (2) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing stormwater ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.

(6) Exemption: The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1106.09 if it can be shown to the satisfaction of the City Engineer that the site is part of a larger common plan of development where the stormwater management requirements for the site are provided by an existing SCM, or if the stormwater management requirements for the site are provided by SCMs defined in a regional or local stormwater management plan approved by the City Engineer.

(7) Maintenance: All SCMs shall be maintained in accordance with the Inspection and Maintenance Plan and Agreements approved by the City Engineer.

(8) Ownership: Unless otherwise required by the City of Parma Heights, SCMs serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership or, if compensated by the property owners, by the City of Parma Heights. SCMs serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner.

(9) Preservation of Existing Natural Drainage: Practices that preserve the, existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation and vegetative buffer strips; phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing and grubbing practices; and maintaining unconcentrated stormwater runoff to and through these areas.

(10) Post-Construction Soil Restoration: Except for areas that will be covered by impervious surface or have been incorporated into an SCM, the soil moisture-holding capacity of areas that have been cleared and graded must be restored to that of the original, undisturbed soil to the maximum extent practicable. Areas that have been compacted or had the topsoil or duff layer removed should be amended using the soil profile restoration design criteria in Rainwater and Land Development.

(b) Stormwater Conveyance Design Criteria: All SCMs shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include but not be limited to:

(1) Surface water protection: The City Engineer may allow modification to streams, rivers, lakes, wetlands or other surface waters only if the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1106.07 of this regulation, and the activity is in compliance with Chapter 1105 Erosion and Sediment Control, Chapter 1107 Riparian Setbacks, and Chapter 1108 Wetland Setbacks, all as determined by the City Engineer. At a minimum, stream relocation designs must show how the project will minimize changes to the vertical stability, floodplain form, channel form, and habitat of upstream and downstream channels on and off the property.

(2) Off-site stormwater discharges: Off-site stormwater runoff that discharges to or across the applicant's development site shall be conveyed through the stormwater conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around stormwater quality control facilities, or the stormwater quality control facility shall be sized to treat the off-site flow. Comprehensive Stormwater Management Plans will not be approved until it is demonstrated to the satisfaction of the City Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.

(3) Sheet flow: The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally binding mechanisms that prohibit re-grading and/or the placement of structures within sheet flow areas. The sheet flow length shall not exceed 75 feet from impervious area or 150 feet from pervious areas. Flow shall be directed into an open channel, storm sewer, or other SCMs from areas too long and/or too large to maintain sheet flow, all as determined by the City Engineer.

(4) Open channels: Unless otherwise allowed by the City Engineer, drainage tributary to SCMs shall be provided by an open channel with vegetated banks and designed to carry the 10-year, 24-hour stormwater runoff from upstream contributory areas.

(5) Open drainage systems: Open drainage systems shall be preferred on all new development sites to convey stormwater where feasible. Storm sewer systems shall be allowed only when the site cannot be developed at densities allowed under City of Parma Heights zoning or where the use of an open drainage system affects public health or safety, all as determined by the City Engineer. The following criteria shall be used to design storm sewer systems when necessary:

A. Storm sewers capacity and hydraulic grade line shall be designed in accordance with the current version of UNIFORM STANDARDS FOR SEWARGE IMPROVEMENTS unless otherwise approved by the City Engineer.

B. The minimum inside diameter of pipe to be used in public storm sewer systems is 12 inches. Smaller pipe sizes may be used in private systems, subject to the approval of the City Engineer.

C. All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.

D. The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.

E. Headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes.

(6) Water Resource Crossings. The following criteria shall be used to design structures that cross a water resource in the City of Parma Heights:

A. Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum 25-year, 24-hour storm.

B. Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, cold-water habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high-watermark.

C. If a culvert or other closed bottom crossing is used, twenty-five (25) percent of the cross-sectional area or a minimum of one (1) foot of box culverts and pipe arches must be embedded below the channel bed. The conduit or conveyance must be sized to carry the 25-year storm under these conditions.

D. The minimum inside diameter of pipes to be used for crossings shall be 12 inches.

E. The maximum slope allowable shall be a slope that produces a 10-fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.

F. All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.

G. Headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.

H. Streams with a drainage area of 5 square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.

I. Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100-year, 24-hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.

(7) Overland flooding: Overland flood routing paths shall be used to convey stormwater runoff from the 100-year, 24-hour storm event to an adequate receiving water resource or SCM such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least two feet below the finished grade elevation of all structures. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.

(8) Compensatory flood storage mitigation: In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the City of Parma Heights must be compensated by providing an equivalent storage volume. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the City of Parma Heights, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.

(9) Velocity dissipation: Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.

(c) Stormwater Quality Control: The site shall be designed to direct runoff to one or more SCMs that meet or exceed the criteria in the Construction General Permit.

(d) Stormwater Quantity Control: The Comprehensive Stormwater Management Plan shall describe how the proposed SCMs are designed to meet the following requirements for stormwater quantity control for each watershed in the development:

(1) The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.

(2) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.

(3) The Critical Storm for each specific development drainage area shall be determined as follows:

A. Determine, using a curve number-based hydrologic method or other hydro logic method approved by the City Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:

1. Calculations shall include the lot coverage assumptions used for full build out as proposed.

2. Calculations shall be based on the entire contributing watershed to the development area.

3. Model pervious, directly connected impervious and disconnected impervious areas as separate subwatersheds.

4. Drainage area maps shall include area, curve number, and time of concentrations. Time of concentration shall also show the flow path and the separation in flow type.

5. Use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3) for rainfall depth data for stormwater design.

6. Use the SCS Type II rainfall distribution for all design events with a recurrence interval greater than 1 year. Include lot coverage assumptions used for full build out of the proposed condition.

7. Curve numbers for the pre-development condition shall reflect the average type of land use prior to any development and not only the current land use.

a. Pre-development Curve Numbers - For wooded or brushy areas, use listed values from TR-55 NRCS USDA Urban Hydrology for Small Watersheds, 1986 in good hydrologic condition. For meadows, use listed values. For all other areas (including all types of agriculture), use pasture, grassland, or range in good hydrologic condition.

b. Post-development Curve Numbers - Open space areas shall use post-construction hydrologic soil groups from Rainwater and Land Development unless the soil is amended using the soil profile restoration design criteria in Rainwater and Land Development. All undisturbed areas or open space with amended soils shall be treated as "open space in good condition."

8. Time of Concentration - Use velocity-based methods from (TR-55 NRCS USDA Urban Hydrology in Small Watersheds, 1986) to estimate travel time (Tt) for overland (sheet) flow, shallow concentrated flow and channel flow.

a. Maximum sheet flow length is 100 ft.

b. Use the appropriate "unpaved" velocity equation for shallow concentrated flow from Soil Conservation Service National Engineer Handbook Section 4 - Hydrology (NEH-4).

9. The volume reduction provided by runoff reduction SCMs may be subtracted from the post-development stormwater volume. Volume reductions for these SCMs may be demonstrated using methods outlined in Rainwater and Land Development or a hydrologic model acceptable to the City Engineer.

B. To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways except in instances of engineered permeable pavement systems. From the volume determined in Section 1106.09(D)(3)(a), determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 3.

Table 3: 24-Hour Critical Storm

If the percentage of increase in volume of runoff is:		The Critical Storm will be:
Equal to or greater than	Less than	The Critical Storm will be:
--	10	1 year
10	20	2 year
20	50	5 year
50	100	10 year
100	250	25 year
250	500	50 year
500	--	100 year
For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area. The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms.

C. The minimum storage volume for the storm water quantity control system shall be calculated following the requirements of subsections (d)(1) through (3) above. However, in no case shall the required storage volume be less that the total proposed hard surface area times two (2) inches unless approved by the City Engineer. Hard surface areas shall include roof areas, concrete areas, asphalt areas, brick areas, stone pavers, and other similar areas as determined by the City Engineer.

D. An access manhole or inspection port as approved by the City Engineer shall be provided at each end of an underground storage facility for sufficient inspection, maintenance, and discovery of the system from the surface.

(e) Storm water Management for Previously Developed Areas.

(1) SCMs on previously developed sites must meet the criteria in the Construction General Permit.

(Ord. 2023-78. Passed 1-8-24.)

1106.10 ALTERNATIVE ACTIONS.

When the City of Parma Heights determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the standards in the Construction General Permit and shall achieve the same level of stormwater quantity control that would be achieved by the on-site controls required under this regulation. The City Engineer may require proof of Ohio EPA review and approval for any alternative action proposed.

(Ord. 2023-78. Passed 1-8-24.)

1106.11 EASEMENTS.

Access to SCMs as required by the City Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:

(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.

(b) Easements shall be approved by the City of Parma Heights prior to approval of a final plat and shall be recorded with the Cuyahoga County Fiscal Office and on all property deeds.

(c) Unless otherwise required by the City Engineer, access easements between a public right-of-way and all SCMs shall be no less than 25-feet wide. The easement shall also incorporate the entire SCM plus an additional 25-foot-wide band around the perimeter of the SCM.

(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.

(e) Easements to SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the City of Parma Heights. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the City of Parma Heights at the property owners' expense.

(Ord. 2023-78. Passed 1-8-24.)

1106.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.

To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the applicant and provided to the City Engineer:

(a) Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the City Engineer and per the approved Comprehensive Stormwater Management Plan.

(b) An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the City Engineer. In evaluating this certification, the City Engineer may require the submission of a new set of SCM calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.

(c) A copy of the complete and recorded Inspection and Maintenance Plan and Inspection and Maintenance Agreement as specified in Section 1106.08 must be provided to the City Engineer.

(Ord. 2023-78. Passed 1-8-24.)

1106.13 ON-GOING INSPECTIONS.

(a) The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The City of Parma Heights has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance or repair, the City of Parma Heights shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not in place, the City of Parma Heights may undertake the necessary repairs and assess the responsible party.

(b) At least one (1) inspection with a written inspection report shall be performed each year for all required SCMs, whether installed before or after adoption of this code. Inspections shall be performed by qualified personnel according to standards acceptable to the City Engineer. The written report shall be submitted to the City Engineer by May 1 of each and every year after the SCM is installed unless otherwise approved by the City Engineer in an Inspection and Maintenance Plan & Agreement.

(Ord. 2023-78. Passed 1-8-24.)

1106.14 FEES.

The Comprehensive Stormwater Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City of Parma Heights before the review process begins. The City Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services.

(Ord. 2023-78. Passed 1-8-24.)

1106.15 BOND.

(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of 10% of the total project cost, or other amount determined by the City Engineer, has been deposited with the City of Parma Heights Finance Department. This bond shall be posted for the City of Parma Heights to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The stormwater bond will be returned, less City of Parma Heights administrative fees as detailed in the City of Parma Heights Codified Ordinances, when the following three criteria are met:

(1) The site has been stabilized, temporary BMPs have been removed, and the sediment settling basin has been converted to or replaced with post-construction SCM(s) and one of the following conditions are met:

A. 100% of the total project has achieved permanent stabilization.

B. Less than one (1) acre of lots remain unbuilt.

C. No development activities have occurred for one (1) year.

(2) An As-Built Certification of all SCMs is approved by the City Engineer.

(3) An Inspection and Maintenance Plan has been approved by the City of Parma Heights and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Parma Heights, and the private owner or homeowners' association who will take long term responsibility for these SCMs, is accepted by the City Engineer.

(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City of Parma Heights may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long-term maintenance of the project.

(Ord. 2023-78. Passed 1-8-24.)

1106.16 INSTALLATION OF WATER QUALITY STORMWATER CONTROL MEASURES.

The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City Engineer. This occurs after the completion of the final grade at the site, after all the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.

(Ord. 2023-78. Passed 1-8-24.)

1106.17 VIOLATIONS.

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

(Ord. 2023-78. Passed 1-8-24.)

1106.18 APPEALS.

Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Parma Heights in relation to this regulation may appeal to the Board of Zoning Appeals. Such an appeal shall be made in conformity with Chapter 1139 of this code. Written notice of appeal shall be served on the City of Parma Heights.

(Ord. 2023-78. Passed 1-8-24.)

1106.99 PENALTY.

(Ord. 2023-78. Passed 1-8-24.)

1107.01 PURPOSE AND SCOPE.

(a) It is hereby determined that the system of rivers, streams, and other natural watercourses within the City of Parma Heights contributes to the health, safety, and general welfare of the residents of the City of Parma Heights. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:

(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.

(2) Assist stabilizing the banks of watercourses to reduce woody debris from fallen or damaged trees, streambank erosion, and the downstream transport of sediments eroded from watercourse banks.

(3) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

(4) Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.

(5) Provide watercourse habitats with shade and food.

(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.

(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

(8) Benefit the City of Parma Heights by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City of Parma Heights, and thereby preserving the character of the City of Parma Heights, the quality of life of the residents of the City of Parma Heights, and corresponding property values.

(b) The following regulation has been enacted to protect and enhance these functions of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in the City of Parma Heights.

(Ord. 2023-79. Ord. 1-8-24.)

1107.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.

(a) This regulation shall apply to all zoning districts.

(b) This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.

(c) No approvals or permits shall be issued by the City of Parma Heights without full compliance with the terms of this regulation.

(Ord. 2023-79. Ord. 1-8-24.)

1107.03 CONFLICTS WITH OTHER REGULATIONS AND SEVERABILITY.

(a) Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.

(b) This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1107.03(a) of this regulation.

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

(Ord. 2023-79. Ord. 1-8-24.)

1107.04 DEFINITIONS.

For the purpose of this regulation, the following terms shall have the meaning herein indicate.

(a) “Community” means throughout this regulation, this shall refer to the City of Parma Heights or its designated representatives, boards, or commissions.

(b) “Damaged or diseased trees” means trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or onto a structure.

(c) “Designated watercourse” means a watercourse within the City of Parma Heights that is in conformity with the criteria set forth in this regulation.

(d) “Federal Emergency Management Agency (FEMA)” means the agency with overall responsibility for administering the National Flood Insurance Program.

(e) “Impervious cover” means any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools.

(f) “In-line pond” means a permanent pool of water created by impounding a designated watercourse.

(g) “Noxious weed” means any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.

(h) “100-year floodplain” means any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.

(i) “Ohio Environmental Protection Agency” referred throughout this regulation as the "Ohio EPA."

(j) “Ordinary high-water mark” means the point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high-water mark defines the bed of a watercourse.

(k) “Riparian area” means land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

(l) “Riparian setback” means the real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.

(m) “Soil and water conservation district” means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga SWCD.

(n) “Soil disturbing activity” means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

(o) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.

(p) “Watercourse” means any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

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

(Ord. 2023-79. Ord. 1-8-24.)

1107.05 ESTABLISHMENT OF DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.

(a) Designated watercourses shall include those watercourses meeting any ONE of the following criteria:

(1) All watercourses draining an area greater than one-half square mile; or

(2) All watercourses draining an area less than½ square mile and having a defined bed and bank. In determining if watercourses have a defined bed and bank, the City of Parma Heights may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.

(b) Riparian setbacks on designated watercourses are established as follows:

(1) A minimum of 300 feet on either side of all watercourses draining an area greater than 300 square miles.

(2) A minimum of 120 feet on either side of all watercourses draining an area greater than 20 square miles and up to 300 square miles.

(3) A minimum of 75 feet on either side of all watercourses draining an area greater than one-half square mile and up to 20 square miles.

(4) A minimum of 25 feet on either side of all watercourses draining an area less than one-half square mile and having a defined bed and bank as determined by the City of Parma Heights in Section 1107.05 of this regulation.

(c) Riparian Setback Guide Map. The City of Parma Heights shall create a guide map identifying designated watercourses and their riparian setbacks. Said guide map is attached hereto and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Guide Map:

(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate.

(2) It shall be a guide only.

(3) Nothing herein shall prevent the City of Parma Heights from amending the Riparian Setback Guide Map from time to time as may be necessary.

(4) If any discrepancy is found between the Riparian Setback Guide Map and this regulation, the criteria set forth in Section 1107.05(a) and (b) shall prevail.

(d) The following conditions shall apply in riparian setbacks:

(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high-water mark of each designated watercourse, except for in-line ponds as addressed in Section 1107.05.

(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.

(3) Where the 100-year floodplain is wider than a minimum riparian setback on either or both sides of a designated watercourse, the minimum riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the City of Parma Heights may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City of Parma Heights. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.

(4) Where a wetland is identified within a minimum riparian setback, the minimum riparian setback width shall be extended to the outermost boundary of the wetland. In addition, wetlands within riparian setbacks shall be protected to the extent detailed in Wetland Setbacks Chapter 1108. Wetlands shall be delineated through a site survey prepared by a qualified wetlands professional retained by the landowner using delineation protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. Any costs associated with reviewing these delineations may be assessed by the City of Parma Heights to the applicant.

(5) The minimum riparian setback on an in-line pond existing at the time of application of this regulation shall be measured from the ordinary high-water mark of the designated watercourse as it enters said pond and through the impoundment along the centerline of the designated watercourse as it flows through the in-line pond. Riparian setbacks on in- line ponds existing at the time an application is made under this regulation shall be expanded to include wetlands and floodplains as detailed in Section 1107.05. The creation of new in-line impoundments shall not be permitted under these regulations.

(Ord. 2023-79. Ord. 1-8-24.)

1107.06 APPLICATIONS AND SITE PLANS.

(a) The applicant shall be responsible for delineating riparian setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the City of Parma Heights. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional as determined by the City of Parma Heights and shall be based on a survey of the affected land. Two (2) copies of the site plan shall be submitted. The site plans shall include the following information:

(1) The boundaries of the lot with dimensions.

(2) The locations of all designated watercourses.

(3) The limits, with dimensions, of the riparian setbacks.

(4) The existing topography at intervals of two (2) feet.

(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.

(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.

(7) Other such information as may be necessary for the City of Parma Heights to ensure compliance with this regulation.

(b) The City of Parma Heights may, in reviewing the site plan, consult with the Cuyahoga SWCD or other such experts. Any costs associated with this review may be assessed to the applicant.

(c) If soil disturbing activities will occur within 50 feet of the outer boundary of the applicable riparian setback as specified in this regulation, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.

(d) No approvals or permits shall be issued by the City of Parma Heights prior to identification of riparian setbacks on the affected land in conformance with this regulation.

(Ord. 2023-79. Ord. 1-8-24.)

1107.07 USES PERMITTED IN RIPARIAN SETBACKS.

(a) By Right Uses Without a Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.

(1) Recreational Activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.

(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.

(3) Revegetation and/or Reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.

(b) By Conditional Use Permit Granted by the Planning Commission: When granting Conditional Use Permits for the following uses, the Planning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance.

(1) Crossings: Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.

If work will occur below the ordinary high-water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the City of Parma Heights. Proof of compliance shall be the following:

A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit; or

B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit; or

C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.

(2) Streambank Stabilization Projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such stream bank stabilization measures shall only be undertaken upon approval of a Stream bank Stabilization Plan by the Planning Commission. Any costs associated with review of Stream bank Stabilization Plans may be assessed to the applicant.

If streambank stabilization work is proposed below the ordinary high-water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to the City of Parma Heights. Proof of compliance shall be the following:

A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit; or

B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit; or

C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.

(3) Landscaping: The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:

A. Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.

B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.

(Ord. 2023-79. Ord. 1-8-24.)

1107.08 USES PROHIBITED IN RIPARIAN SETBACKS.

Any use not authorized under this regulation shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:

(a) Construction. There shall be no buildings or structures of any kind.

(b) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.

(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.

(e) Disturbance of Natural Vegetation: There shall be no disturbance of natural vegetation within riparian setbacks except for the following:

(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.

(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.

(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.

(f) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles: There shall be no parking spaces, parking lots, or loading/unloading spaces.

(g) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga County Board of Health.

(Ord. 2023-79. Ord. 1-8-24.)

1107.09 NON-CONFORMING STRUCTURES OR USES IN RIPARIAN SETBACKS.

(a) A non-conforming use, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.

(b) A non-conforming structure, existing at the time of passage of this regulation and within a riparian setback, that is not permitted under this regulation may be continued but shall not have the existing building footprint or roofline expanded or enlarged.

(c) A non-conforming structure or use, existing at the time of passage of this regulation and within a riparian setback, that has substantial damage and that is discontinued, terminated, or abandoned for a period of six (6) months or more may not be revived, restored, or re-established.

(Ord. 2023-79. Ord. 1-8-24.)

1107.10 VARIANCES WITHIN RIPARIAN SETBACKS.

(a) The Planning Commission may grant a variance to this regulation as provided herein. In granting a variance, the following conditions shall apply:

(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this regulation, such as to justify the granting of a variance, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.

(2) The Planning Commission may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.

(3) Variances shall be void if not implemented within one (1) year of the date of issuance.

(b) In making a determination under Section 1107.10(a) of this regulation, the Planning Commission may consider the following:

(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of Chapter 1385 Flood Damage Reduction may be used as guidance when granting variances in the 100-year floodplain.

(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.

(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.

(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.

(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback compromises its benefits to the City of Parma Heights. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variances may be granted for gravel driveways when necessary.

(6) Whether a property, otherwise buildable under the ordinances of the City of Parma Heights, will be made unbuildable because of this regulation.

(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning Commission may consider granting variances to other area or setback requirements imposed on a property by the Zoning Code. These may include, but are not limited to, parking requirements, requirements for the shape, size, or design of buildings, or front, rear, or side lot setbacks.

(d) In granting a variance under this regulation, the Planning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation and to mitigate any necessary impacts in the riparian setbacks permitted by variance. In determining appropriate mitigation, the Planning Commission may consult with the City of Parma Heights Engineer or other agencies including Cuyahoga SWCD.

(Ord. 2023-79. Ord. 1-8-24.)

1107.11 PROCEDURES FOR VARIANCES AND APPEALS.

(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning Commission, may apply to or appeal to the Planning Commission. The following conditions shall apply:

(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within 20 days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of $100, the administrative official shall transmit to the Planning Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than fourteen (14) days prior to a regularly scheduled meeting of the Planning Commission in order to be placed on the agenda for that meeting.

(2) When applying for a variance, the applicant shall file a variance request with the Planning Commission.

(3) Applications for appeals or variances made under this regulation shall contain the following information:

A. The name, address, and telephone number of the applicant.

B. Proof of ownership or authorization to represent the property owner.

C. The location of the property, including street address and permanent parcel number.

D. The current zoning of the property.

E. A description of the project for which the appeal or variance is sought.

F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.

G. Names and addresses of each property owner within 500 feet as shown in the current records of the Cuyahoga County Fiscal Officer typed on gummed labels.

(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning Commission within one (1) year of the date of a final decision by the Planning Commission on the original application, unless the applicant shows the Planning Commission either of the following:

A. Newly discovered evidence that could not have been presented with the original submission; or

B. Evidence of a substantial change in circumstances since the time of the original submission.

(b) A decision by the Planning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.

(Ord. 2023-79. Ord. 1-8-24.)

1107.12 INSPECTION OF RIPARIAN SETBACKS.

The identification of riparian setbacks shall be inspected by the City of Parma Heights:

(a) Prior to soil disturbing activities authorized under this regulation. The applicant shall provide the City of Parma Heights with at least two (2) working days written notice prior to starting such soil disturbing activities.

(b) Any time evidence is brought to the attention of the City of Parma Heights that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.

(Ord. 2023-79. Ord. 1-8-24.)

1107.99 PENALTY.

(a) Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in Chapter 698 and shall be required to restore the riparian setback through a restoration plan approved by the Planning Commission.

(b) The imposition of any other penalties provided herein shall not preclude the City of Parma Heights from 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 of Parma Heights City Engineer or his authorized representative.

(Ord. 2023-79. Ord. 1-8-24.)

1108.01 PURPOSE AND SCOPE.

(a) It is hereby determined that the wetlands within the City of Parma Heights contribute to the health, safety, and general welfare of the residents of the City of Parma Heights. The specific purpose and intent of this regulation is to regulate uses and developments within wetland setbacks that would impair the ability of wetlands to:

(1) Minimize flood impacts by absorbing peak flows, slowing the velocity of flood waters, regulating stream base flows, and maintaining stream flow patterns.

(2) Minimize streambank erosion by reducing runoff volume and velocity.

(3) Protect groundwater quality by filtering pollutants from storm water runoff.

(4) Recharge groundwater reserves.

(5) Protect surface water quality by minimizing sediment pollution from streambank erosion, and filtering, settling, and transforming sediments, chemicals, salts, and other pollutants from flood waters and storm water runoff.

(6) Provide habitat to a wide array of aquatic and terrestrial wildlife.

(7) Benefit the City of Parma Heights economically by minimizing encroachment on wetlands and the need for costly engineering solutions such as retention/detention basins and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the City of Parma Heights, and thereby preserving the character of the City of Parma Heights, the quality of life of the residents of the City of Parma Heights, and corresponding property values.

(b) The following regulation has been enacted to protect these services of wetlands by providing reasonable controls governing structures and uses within wetland setbacks around Ohio EPA Category 2 and 3 wetlands in the City of Parma Heights.

Due to the importance of properly functioning wetlands, minimum wetland setbacks may be given preference over minimum front, side, or rear yard setbacks as specified in this chapter in the consideration of an appeal for a variance by the Board of Zoning Appeals.

(Ord. 2023-80. Passed 1-8-24.)

1108.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.

(a) This regulation shall apply to all zoning districts.

(b) This regulation shall apply to all structures and uses on lands containing an Ohio EPA Category 2 or 3 wetland as defined in this regulation, except as provided herein.

(c) No approvals or permits shall be issued by the City of Parma Heights without full compliance with the terms of this regulation.

(Ord. 2023-80. Passed 1-8-24.)

1108.03 CONFLICTS WITH OTHER REGULATIONS AND SEVERABILITY.

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

(Ord. 2023-80. Passed 1-8-24.)

1108.04 DEFINITIONS.

For the purpose of this regulation, the following terms shall have the meaning herein indicated:

(a) “Community” throughout this regulation, this shall refer to the City of Parma Heights or its designated representatives, boards, or commissions.

(b) “Impervious cover” means any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, and sidewalks.

(c) “Noxious weed” means any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.

(d) “Ohio Environmental Protection Agency” referred throughout this regulation as the "Ohio EPA."

(e) “Ohio EPA Category 2 Wetlands” means those wetlands classified as Category 2 wetlands under OAC 37 45-1-54, in accordance with generally accepted wetland assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.

(f) “Ohio EPA Category 3 Wetlands” means those wetlands classified as Category 3 wetlands under OAC 37 45-1-54, in accordance with generally accepted wetland assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.

(g) “Soil and water conservation district” means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga SWCD.

(h) “Soil disturbing activity” means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

(i) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.

(j) “Watercourse” means any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

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

(l) “Wetland setback” means those lands within the City of Parma Heights that fall within the area defined by the criteria set forth in Section 1108.05 of this regulation.

(Ord. 2023-80. Passed 1-8-24.)

1108.05 ESTABLISHMENT OF WETLAND SETBACKS.

(a) Designated wetlands shall include those wetlands meeting any ONE of the following criteria:

(1) All wetlands ranked by an appropriate wetland evaluation methodology as Ohio EPA Category 2.

(2) All wetlands ranked by an appropriate wetland evaluation methodology as Ohio EPA Category 3.

(b) Wetland setbacks on designated wetlands are established as follows:

(1) A minimum of 120 feet surrounding all Ohio EPA Category 3 wetlands.

(2) A minimum of 75 feet surrounding all Ohio EPA Category 2 wetlands.

(1) Wetland setbacks shall be measured in a perpendicular direction from the defined wetland boundary.

(2) Wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

(3) Except as otherwise provided in this regulation, the wetland setback shall be preserved in its natural state.

(Ord. 2023-80. Passed 1-8-24.)

1108.06 APPLICATIONS AND SITE PLANS.

(a) The applicant shall be responsible for indicating wetland setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the City of Parma Heights. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional as determined by the City of Parma Heights and shall be based on a survey of the affected land. Two (2) copies of the site plan shall be submitted. The site plans shall include the following information:

(1) The boundaries of the lot with dimensions.

(2) The locations of designated wetlands.

(3) The limits, with dimensions, of the wetland setbacks.

(4) The existing topography at intervals of two (2) feet.

(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all wetlands.

(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.

(7) Other such information as may be necessary for the City of Parma Heights to ensure compliance with this regulation.

(b) The City of Parma Heights may, in reviewing the site plan, consult with the Cuyahoga SWCD or other such experts. Any costs associated with this review may be assessed to the applicant.

(c) If soil disturbing activities will occur within 50 feet of the outer boundary of the applicable wetland setback as specified in this regulation, the wetland setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.

(d) No approvals or permits shall be issued by the City of Parma Heights prior to identification of wetland setbacks on the affected land in conformance with this regulation.

(Ord. 2023-80. Passed 1-8-24.)

1108.07 USES PERMITTED IN WETLAND SETBACKS.

(a) By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in wetland setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.

(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.

(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.

(3) Revegetation and/or Reforestation. Wetland setbacks may be revegetated and/or reforested with native, noninvasive plant species.

(1) Crossings: Crossings of designated wetlands through wetland setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in wetland setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.

If work will occur within the jurisdictional boundary of the designated wetland, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the City of Parma Heights. Proof of compliance shall be the following:

A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit;

B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit; or

C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.

(2) Storm Water Retention and Detention Facilities: Storm water management facilities may be constructed in the wetland setback, provided:

A. Where the minimum wetland setback is less than or equal to 50-feet, the storm water management facilities are located outside the minimum wetland setback.

B. Where the minimum wetland setback is greater than 50-feet, storm water management facilities are located at least 50-feet from jurisdictional boundary of the wetland.

(3) Landscaping: The removal of natural vegetation within a wetland setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:

A. Maintain trees in the wetland setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.

B. Maintain trees, shrubbery, and other non-lawn, woody vegetation in the wetland setback to the maximum extent practicable.

(Ord. 2023-80. Passed 1-8-24.)

1108.08 USES PROHIBITED IN WETLAND SETBACKS.

Any use not authorized under this regulation shall be prohibited in wetland setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:

(a) Construction. There shall be no buildings or structures of any kind.

(d) Roads or Driveways. There shall be no roads or driveways, except as permitted under this regulation.

(e) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.

(f) Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation within wetland setbacks except for the following:

(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.

(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.

(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.

(g) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.

(h) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Wetland setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga County Board of Health.

(Ord. 2023-80. Passed 1-8-24.)

1108.09 NON-CONFORMING STRUCTURES OR USES IN WETLAND SETBACKS.

(a) A non-conforming use, existing at the time of passage of this regulation and within a wetland setback, that is not permitted under this regulation may be continued but shall not be changed or enlarged unless changed to a use permitted under this regulation.

(b) A non-conforming structure, existing at the time of passage of this regulation and within a wetland setback, that is not permitted under this regulation may be continued but shall not have the existing building footprint or roofline expanded or enlarged.

(c) A non-conforming structure or use, existing at the time of passage of this regulation and within a wetland setback, that has substantial damage and that is discontinued, terminated, or abandoned for a period of six (6) months or more may not be revived, restored, or reestablished.

(Ord. 2023-80. Passed 1-8-24.)

1108.10 VARIANCES WITHIN WETLAND SETBACKS.

(a) The Planning Commission may grant a variance to this regulation as provided herein. In granting a variance, the following conditions shall apply:

(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the wetland setback as established in this regulation, such as to justify the granting of a variance, the Planning Commission shall consider the potential harm or reduction in wetland functions that may be caused by a proposed structure or use.

(2) The Planning Commission may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.

(3) Variances shall be void if not implemented within one (1) year of the date of issuance.

(b) In making a determination under Section 1108.09(a) of this regulation, the Planning Commission may consider the following:

(1) The soil type and natural vegetation of the parcel.

(2) The Ohio EPA Category of wetland. Category 3 wetlands are the highest quality wetlands in the State of Ohio and should be protected to the greatest extent possible.

(3) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the wetland setback. This determination shall be based on sufficient technical and scientific data.

(4) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the wetland setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.

(5) Soil-disturbing activities permitted in the wetland setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.

(6) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the wetland setback compromises its benefits to the City of Parma Heights. Variances should not be granted for asphalt or concrete paving in the wetland setback. Variances may be granted for gravel driveways when necessary.

(7) Whether a property, otherwise buildable under the ordinances of the City of Parma Heights, will be made unbuildable because of this regulation.

(8) In order to maintain the wetland setback to the maximum extent practicable, the Planning Commission may consider granting variations to other area or setback requirements imposed on a property by the Zoning Code.

(9) In granting a variance under this regulation, the Planning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation as outlined in Section 1108.01.

(Ord. 2023-80. Passed 1-8-24.)

1108.11 PROCEDURES FOR VARIANCES AND APPEALS.

(2) When applying for a variance, the applicant shall file a variance request with the Planning Commission.

(3) Applications for appeals or variances made under this regulation shall contain the following information:

A. The name, address, and telephone number of the applicant.

B. Proof of ownership or authorization to represent the property owner.

C. The location of the property, including street address and permanent parcel number.

D. The current zoning of the property.

E. A description of the project for which the appeal or variance is sought.

F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.

G. Names and addresses of each property owner within 500 feet as shown in the current records of the Cuyahoga County Fiscal Officer typed on gummed labels.

A. Newly discovered evidence that could not have been presented with the original submission; or

B. Evidence of a substantial change in circumstances since the time of the original submission.

(b) A decision by the Planning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to Section 1108.10(a) of this regulation shall be final.

(Ord. 2023-80. Passed 1-8-24.)

1108.12 INSPECTION OF WETLAND SETBACKS.

The identification of wetland setbacks shall be inspected by the City of Parma Heights:

(b) When evidence is brought to the attention of the City of Parma Heights that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation.

(Ord. 2023-80. Passed 1-8-24.)

1108.99 PENALTY.

(a) Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in Chapter 698 and shall be required to restore the wetland setback through a restoration plan approved by the Planning Commission.