(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 wetlands, and will promote and maintain the health and safety of the citizens of Village of Walton Hills:

   (b)   This chapter will:

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

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

   (c)   This chapter 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; and all other uses that are not specifically exempted in Section 1290.01(d).

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

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

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

   (a)   “Abbreviated Storm Water Pollution Prevention Plan (Abbreviated SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

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

   (c)   “Best management practices (BMPs).” Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non- structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

   (d)   “Community.” Throughout this regulation, this shall refer to Village of Walton Hills, its designated representatives, boards, or commissions.

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

   (f)   “Construction General Permit.” The most General National Pollutant Discharge Elimination System (NPDES) permit for authorization of stormwater discharges associated with construction activities issued by Ohio EPA (Ohio EPA's #OHC000005 and its successors).

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

   (h)   “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.

   (i)   “Drainage.”

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

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

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

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

   (l)   “Final stabilization.” All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.

   (m)   “Landscape architect.” A professional landscape architect registered in the State of Ohio.

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

   (o)   “Maximum extent practicable.” The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

   (p)   “NPDES.” National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

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

   (r)   “Person.” Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, County or State agency, the Federal government, other legal entity, or an agent thereof.

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

   (t)   “Professional engineer.” A professional engineer registered in the State of Ohio.

   (u)   “Professional wetland consultant.” An individual competent in botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.

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

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

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

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

   (z)   “Sedimentation.” The deposition or settling of sediment.

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

   (bb)   “Soil-disturbing activity.” Clearing, grading, excavating, filling, 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.

   (cc)   “Soil and Water Conservation District.” An entity organized under Ohio R.C. Chapter 1515, referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga SWCD.

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

   (ee)   “Stormwater Control Measures (SCM).” A structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCM's are a subset of Best Management Practices (BMP's) as defined in the Construction General Permit.

   (ff)   “Storm Water Pollution Prevention Plan (SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

   (gg)   “Surface waters of the State.” All streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Ohio R.C. 6111.01 are not included.

   (hh)   “Unstable soils.” A portion of land that is identified by the Village 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.

   (ii)   “Water resource.” Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

   (jj)   “Wetlands.” 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 C.F.R. 232, as amended).

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

   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. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

   (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 chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

   (c)   This chapter 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 Village 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 Village, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

   (a)   This chapter requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels of one acre or more and on which any regulated activity of Section 1290.01(c) is proposed.

   (b)   The following activities shall submit an Abbreviated Storm Water Pollution Prevention Plan:

      (1)   New single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.

      (2)   Additions or accessory buildings for single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.

      (3)   All nonresidential construction on parcels of less than one acre.

      (4)   General clearing activities not related to construction and regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.

   (c)   Activities disturbing one-tenth or less of an acre are not required to submit a Storm Water Pollution Prevention Plan or an Abbreviated Storm Water Pollution Prevention Plan, unless required by the Village Engineer. These activities must comply with all other provisions of this chapter.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

   (c)   If requested by the Village Engineer, the Cuyahoga SWCD shall review the plans submitted under Section 1290.06(a) or (b) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions after receipt of the plan. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.

   (d)   Soil-disturbing activities shall not begin and building permits shall not be issued without an approved SWP3 or Abbreviated SWP3.

   (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 chapter.

   (f)   Approvals issued in accordance with this regulation shall remain valid for one year from the date of approval.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

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

      (1)   A letter from the site owner certifying that a qualified professional has surveyed the site and found no waters of the United States.

      (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.

   (e)   Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Water permit application, 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. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

   (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 the Ohio EPA's website such as the Sediment Basin Compliance Spreadsheet

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

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

         C.   An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity.

         D.   Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

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

         F.   An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.

         G.   The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).

         H.   The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.

         I.   For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.

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

            1.   Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.

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

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

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

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

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

            7.   Sediment ponds, including their sediment settling volume and contributing drainage area.

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

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

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

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

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

         C.   Conclusions and recommendations for grading procedures.

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

         E.   Design criteria for corrective measures when necessary.

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

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

      (1)   When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

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

   (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 Village may require other BMPs as site conditions warrant.

      (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.

 

 

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

   The Storm Water Pollution Prevention Plan and Abbreviated Storm Water Pollution Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village upon application. The fee for Abbreviated Stormwater Pollution Prevent Plans is three hundred dollars ($300.00). Consult with Village Engineer for the fees for review, filing and inspection for Storm Water Pollution Prevention Plans.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

   (a)   If a Storm Water Pollution Prevention Plan or Abbreviated Storm Water Pollution Prevention Plan is required by this chapter, soil-disturbing activities shall not be permitted until a cash bond of one thousand five hundred dollars ($1,500.00) for a single-family residential lot, or one thousand five hundred dollars ($1,500.00) per acre for subdivisions, has been deposited with the Building Department. The bond shall be posted to the Village to perform the obligations otherwise to be performed by the owner of the development area as stated in this chapter and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this chapter. The cash bond shall be returned, less Village administrative fees, after all work required by this chapter has been completed and final stabilization has been reached, all as determined by the Village Engineer.

   (b)   The bond will be retained until all areas disturbed by construction activity are permanently stabilized. 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 Village Engineer.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)

   (a)   All development areas may be subject to external inspections by Village to ensure compliance with the approved SWP3 or Abbreviated SWP3.

   (b)   If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the Village may take action as detailed in Section 1290.14 of this chapter.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

   (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 chapter.

   (b)   Upon notice, the Building Commissioner and/or Village Engineer may suspend any active soil-disturbing activity for a period not to exceed 90 days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this 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 Building Commissioner and/or Village Engineer 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. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

      (1)   The Planning Commission as established by the Village shall hear and decide appeals from the requirements of this chapter.

      (2)   The Planning Commission shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Village Engineer in the enforcement or administration of this chapter.

      (3)   Those aggrieved by a decision of the Planning Commission or any taxpayer, may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)

   (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 shall be subject to Section 202.99 Penalties of the Village of Walton Hills Codified Ordinances. 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 Village 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 Village.

(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2017-5. Passed 3-21-17.)