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Reminderville City Zoning Code

TITLE ONE

Planning and Platting

1101.01 ESTABLISHMENT.

   (a)   There is hereby established a Planning and Zoning Commission of five members consisting of the Mayor, one member of Council to be elected thereby for the remainder of his term as such member of Council and three citizens of the City to be appointed by the Mayor, with confirmation by Council, for terms of six years each, except that the term of one of the members of the first commission shall be for four years and one for two years.
   (b)   The Mayor shall have exclusive power to appoint the Chairman of the Planning and Zoning Commission.
(Ord. 11-2004. Passed 5-25-04.)

1101.02 COMPENSATION.

   All members of the Planning and Zoning Commission shall serve without compensation.
(1978 Code Sec. 239.02)

1101.03 PLOT PLAN APPROVAL.

   (a)   Council hereby establishes the requirement of submitting plot plans for the proposed construction or development of any parcel or lot to the Planning and Zoning Commission. Once the plans are submitted to the Commission, if applicable, they shall be submitted to the Engineer, Building Inspector, Storm Water Committee and City Solicitor for comments.
   (b)   The Planning and Zoning Commission after receiving all necessary reports shall then examine the plot plan and render a decision within ten days.
   (c)   The Planning and Zoning Commission after rendering its decision shall forward its recommendations to Council who shall then act on the recommendation within thirty days.
   (d)   The plot plan shall specifically set forth building sites, drainage, water supply, paved streets, drives, parking, open areas, zoning density, utility lines and connections and any additional data that may be requested by the Planning and Zoning Commission, City Engineer, Building Inspector, Storm Water Committee or Council.
   (e)   The applicant submitting the plot plan for the proposed construction or development of any parcel or lot shall be required to pay a fee for examination of the plot plan by the City Engineer. The fee shall be paid on or before the issuance of either a zoning certificate or building permit by the City.
(Ord. 5-2004. Passed 7-13-04.)

1102.01 PURPOSE.

   (a)   The purpose of this chapter is to reduce or eliminate the hazards to public health and safety caused by excessive stormwater runoff, reduce economic losses to individuals and the community at large, enhance broader social and economic objectives and protect, conserve and promote the orderly development of land and water resources. The provisions of this chapter further supplement ordinances regulating:
      (1)   The subdivision, layout and improvement of lands located within the corporate limits of the City.
      (2)   The excavating, filling and grading of lots and other parcels or areas.
      (3)   The construction of buildings and the drainage of the sites on which those structures are located, to include parking and other paved areas.
      (4)   The design, construction and maintenance of stormwater drainage facilities and systems
   (b)   The provisions of this chapter shall be deemed as additional requirements to standards required by other ordinances of the City. In case of conflicting requirements, the most restrictive shall apply.
   (c)   The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder.
   (d)   Before starting any activities regulated by this chapter, an applicant shall comply with the requirements set forth in other applicable ordinances with respect to the submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, inspections, appeals and similar matters, along with those set forth in this chapter and as may be required by Summit County and by State statutes and the regulations of any department of the State of Ohio.
(Ord. 03-2004. Passed 7-13-04.)

1102.02 DEFINITIONS.

   For the purposes of this chapter, the following definitions are adopted:
   (1)   "Detention facility" means any structure that is designed to collect and store surface water for subsequent gradual discharge.
   (2)   "Drainage facility" means any component of the drainage system.
   (3)   "Excess stormwater runoff" means that portion of stormwater that exceeds the safe storm drainage capacity of storm sewers or natural drainage channels serving a specific watershed.
   (4)   "Individual Lot" means a residential lot suitable for building that is not apart of a subdivision.
   (5)   "Protected channel" means a channel which receives stormwater discharge and which is paved, rip-rapped or otherwise improved by addition of man-made materials so as to reduce the potential for erosion.
   (6)   "Safe storm drainage capacity" means the quantity of stormwater runoff that can be transported by a channel or conduit without having the water surface rise above the top of the channel or conduit.
   (7)   "Stormwater channel" means a natural or man-made open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.
   (8)   "Stormwater runoff" means water that results from precipitation which is not absorbed by the soil or vegetation or evaporated and which flows over the ground surface or is collected in channels or conduits.
   (9)   "Stormwater runoff release rate" means the rate at which stormwater runoff is released from dominant to subservient land.
      (Ord. 03-2004. Passed 7-13-04.)

1102.03 APPLICABILITY.

   (a)   Developers of subdivision developments, any new commercial, industrial, institutional or utility development must submit a Stormwater Management Plan to the Summit County Soil and Conservation District and the City Engineer. No final plans shall be approved, no building permits shall be issued, and no construction related activity will take place on the property until and unless the Stormwater Management Plan has been submitted to the Summit County Soil and Water Conservation District, the City Engineer and approved by Council.
   (b)   Developers of individual lots shall submit a Storm Water Management Plan to the City Storm Water Committee and the City Engineer. No final plans shall be approved, no building permits shall be issued and no construction related activity may take place on the property until and unless the Storm Water Management Plan has been reviewed by the City Engineer, the City Storm Water Committee and approved by Council.
(Ord. 03-2004. Passed 7-13-04.)

1102.04 STORM WATER MANAGEMENT PLANS.

   The required Storm Water Management Plan shall identify means for controlling the stormwater runoff release rate from the site or development and providing storage potential for the excess storm water runoff (where required). All computations and plans to the implementation of this chapter must be prepared in accordance with, but not be limited to, the most recent version of the Stormwater Management Manual published by the Summit County Engineer and/or items requested by the City Engineer.
(Ord. 03-2004. Passed 7-13-04.)

1102.05 DESIGN CRITERIA.

   The following rules shall govern the design of improvements with respect to managing stormwater runoff:
   (a)   Methods of Determining Storm Water Runoff Rate and Volume. Calculating runoff discharge rate and total volume drainage and detention facilities shall be made using the most recent version of the Stormwater Management Manual published by the Summit County Engineer and/or as requested by the City Engineer.
   (b)   Drainage Facility Design.
      (1)   Developers of subdivision developments, any new commercial, industrial, institutional or utility development that propose to drain storm water into the City's storm water system shall construct drainage facilities designed to hold the 100-year rain event using post construction parcel hydrology. Storm water can be released from the ponds at a maximum of the 5-year pre-construction hydrology rate.
         A.   All drainage facility shorelines and basin bottoms shall be planted with native Ohio vegetation in an effort to capture and assimilate water pollution. This ordinance does not regulate additional water quality ponds as mandated by the EPA or any other County or State agency.
      (2)   The developer of an individual lot that proposes to drain storm water into the City's storm water system shall deposit sufficient funds into the City of Reminderville Storm Water Pond Fund for the City to manage the stormwater. Such funds shall be used by the City to 1) purchase strategic land, 2) create stormwater ponds, 3) drainage way maintenance, or 4) be placed in the stormwater general fund.
         A.   The amount of such deposit shall be calculated using the selling price of current land, the space needed to capture the additional volume of water flowing from the property during the 100-year rain event due to construction/improvements, and the associated construction cost of the basin to accommodate the additional volume. The City Engineer shall perform this calculation and the owner and/or builder shall be responsible for any costs associated with making the cost determination.
         B.   It shall be the responsibility of the City to inspect and maintain these retention and detention ponds.
            (Ord. 03-2004. Passed 7-13-04.)

1102.06 BONDS, MAINTENANCE ASSURANCES AND FEES.

   (a)   Upon approval of the Storm Water Management Plan, but before the issuance of a building permit or subdivision plat approval, the City Engineer shall require the applicant to post cash escrow, certified check or other acceptable form of performance security in an amount to be determined by the City Engineer and approved by Council to ensure the execution of the plan. After determination by the City Engineer that all facilities are constructed in compliance with the approved plan, the performance security shall be released.
   (b)   A maintenance agreement, approved by Council assuring perpetual maintenance and expansion of storm water management improvements shall be executed by the City and the applicant.
   (c)   A fee shall be charged to review the Storm Water Management Plan which shall be determined by the City administration. The fee shall be paid on or before the issuance of either a zoning certificate or building permit.
(Ord. 03-2004. Passed 7-13-04.)

1102.07 ADMINISTRATION.

   (a)   City Engineer's Duties. The administration of this chapter shall be the responsibility of the office of the City Engineer.
   (b)   Standards. Variations from these standards, provisions and specifications may be granted when it is demonstrated to the satisfaction of Board of Zoning and Building Appeals and approved by Council that, owing to adherence to the provisions of this Chapter will result in unnecessary hardship.
   (c)   Procedure. A request for variation shall be filed by the owner or his agent, seeking to develop or change the use of his property, with the Board of Zoning and Building Appeals, who shall refer the matter to the City Storm Water Committee and City Engineer for input. The request for variation shall be written and shall state specifically what variation is sought and the public's interest in granting the variation. A determination on such application shall be made in conformance with Chapter 1137 of the Codified Ordinances of the City of Reminderville.
   (d)   Maps and Profiles. Responsibility for all changes to official maps and profiles remains with the City Engineer.
   (e)   Interpretation. In the interpretation and application of this Chapter, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State statutes or exercised by home rule units.
(Ord. 03-2004. Passed 7-13-04.)

1102.08 ENFORCEMENT OF OWNER OR DEVELOPER.

   (a)   The City Engineer shall be responsible for determining whether the Storm Water Management Plan is in conformance with requirements specified in this chapter and whether development is proceeding in accordance with the approved Storm Water Management Plan. Periodic inspection of the development site shall be made by the City Engineer to ensure that the Storm Water Management Plan is properly implemented.
   (b)   The City Engineer and other duly authorized employees bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation and measurement, in accordance with the provisions of this Chapter.
   (c)   In the event that work performed does not conform to the provisions of the approved Storm Water Management Plan and specifications, a written notice to comply shall be served upon the owner or developer. Such notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with such notice shall result in the issuance of a stop-work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation the stop-work order shall be voided and construction may resume.
   (d)   In the event of continued violation of the approved Stormwater Management Plan, a public hearing on the matter shall be conducted by Council. Written notice of such hearing shall be served upon the owner or developer by registered mail, and shall state:
      (1)   The grounds for complaint.
      (2)   The time and place such hearing is to be held.
   (e)   Such notice shall be served at least fifteen days prior to the date set for the hearing. At any such hearing, the owner or developer shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf. After such hearing, if Council concludes that the issuance of additional correction notices would be futile, any deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Stormwater Management Plan as approved, and/or all certificates and permits of the applicant will be nullified for that site. Additional costs associated with the completion or implementation of the stormwater plan shall be assessed to the owner or developer.
(Ord. 03-2004. Passed 7-13-04; Ord. 12-2010. Passed 4-27-10.)

1102.09 REPORTING OF MAINTENANCE OF STORM WATER MANAGEMENT SYSTEMS BY HOMEOWNERS ASSOCIATIONS.

   (a)   Maintenance Required.  
      (1)   The Homeowners Association for each residential development and/or the owner of each lot or parcel within the residential development shall be responsible for maintaining in good working order the storm water management system that has been provided to control the storm water runoff generated by such development. However, the City of Reminderville shall be responsible for maintaining any storm water management system that is located on City owned property.
      (2)   Periodic Field Inspection Reports for the Storm Water Management System (SWMS):
   Field Inspection Reports shall be completed and filed with the City Engineer within each month listed below:
            March
            May
            July
            October
            December
   Reports shall generally contain the following information, but shall be modified by the City Engineer to fit the specific application requirements of each SWMS within the Homeowners Association responsibility:
         A.   Proper maintenance of vegetation.
         B.   Proper maintenance of structures and materials.
         C.   Proper maintenance of flow control devices.
         D.   Proper maintenance of spillways, pools, sediment traps, and volumetric controls.
         E.   Report on debris, damage, or necessary repairs.
   The City Engineer shall review the Field Inspection Reports and recommend measures necessary for compliance to the Homeowners Associations.
      (3)   Annual Report for the Storm Water Management System (SWMS):
   The Annual Report shall be completed and submitted to the City Engineer by September first of each calendar year, to allow time to repair deficient SWMS elements prior to winter weather.
   The Annual Report shall contain the following detailed sections:
         Section #1:   Vicinity sketch for SWMS location.
         Section #2:    Summary of maintenance activities.
         Section #3:    Current field inspection review and Photos.
   Section #4:   Deviations from original approved SWMS.
         Section #5:   Improvements necessary to restore original design function.
         Section #6:   Maintenance activities for next six months.
         Section #7:   Special request items from the City Engineer.
         Section #8:   Entity responsibility for maintenance of SWMS.
         Section #9:   Entity responsible for preparing Annual Report.
   The City Engineer shall review the Report and provide a list of maintenance required to the SWMS.
      (4)   Open drainage ways, or any portion thereof, located on any lot or parcel shall be maintained free from accumulations of silt, soil, branches, trees, vegetation, debris, or any other obstruction which impede the natural flow and/or course of the open waterway as determined by the City Engineer.
   (b)   Abatement of Violations.  
      (1)   If the Homeowners Association for the residential development and/or the individual lot or parcel owners within the residential development, after being given notice to comply with the requirements of this Section, fail, neglect, or refuse within thirty (30) days to comply with said order by the City , the City may take such action required by such order, either by force, account or by contract, or the City Director of Law or Prosecutor may institute legal proceedings to compel compliance with the order. The City Engineer is authorized to grant an extension of the thirty (30) day compliance period if in his/her professional judgment additional time is reasonably required to correct the violation in question.
   (c)   Collection of Costs.
      (1)   Any cost or expense incurred by the City pursuant to achieving compliance with the requirements of this section, shall be reimbursed to the City by the Homeowners Association and/or the individual lot or parcel owners within the residential development, including an additional twenty- five percent (25%) of either the contractors price or the City’s remedial expenses to cover the City’s administrative cost of maintaining the storm water management system. If not so paid by the Homeowners Association and/or the individual lot or parcel owners within the residential development within thirty (30) days after billing, such expense or cost may be recovered by an action at law against such responsible parties and, to the extent permitted by law or by Ordinance of the City , be certified to the County Auditor and placed proportionately on the tax duplicates of any lot(s) and/or parcel(s) owned by the Homeowners Association for the residential development and/or on an individual lot or parcel owned within the residential development, for collection and shall become a lien on such lot (s) or parcel(s).
         (Ord. 13-2010. Passed 5-11-10.)

1102.99 PENALTY.

   Any person, firm or corporation who violates or fails to comply with any of the provisions of this Chapter shall be charged with a misdemeanor of the first degree. A separate offense shall be deemed committed upon each day during, or on which, a violation occurs or continues.
(Ord. 03-2004. Passed 7-13-04.)