(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the City not otherwise imposed by law.
(b) No Release from Other Requirements. No provision of this Chapter shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirements shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Storm Water Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SWM plan and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the City authorized agent(s) under the direction of a licensed professional engineer to ensure compliance with the approved Site Development Plan or SWM plan.
(2) The status report prepared by the City and approved by the City Engineer shall be distributed to the permittee; the contractor, if applicable; and the Professional Engineer of record.
(3) If it is found that the operations are being conducted in violation of the approved Site Development Plan and SWM plan, a stop-work order may be issued by the City until the identified violations cease.
(4) After the issuance of a stop work order provided for in Section 916.08(e)(3) above, but before the imposition of any fines, the applicant shall have two (2) business days to request a meeting with the Law Director and the City Engineer to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the City shall determine if, and when, the development may proceed. Any determination by the City pursuant to this section is a final order for purpose of judicial review.
(f) Violations.
(1) The City shall notify the storm water permittee of any violations observed in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.
(2) The permittee shall comply with the timeline for correction in the table listed below. Timeline extension for adverse weather conditions may be granted upon approval of the City Engineer.
(3) Violations.
Table 916.08(f)(3): Timeline for Corrective Action
Nature of Violation | Number of Days from Inspection To Correct Functioning of Control Practice |
Silt Fence | Within Three (3) Days |
Outlet Control Structure | Within Three (3) Days |
Temporary or permanent stabilization within 50' of drainage channels. | Within Three (3) Days |
Temporary or permanent stabilization for all other disturbed areas. | Within Three (3) Days |
Stabilized Construction Entrance | Within Three (3) Days |
Pumping Sediment laden discharge into drainage channel | Immediately upon Notice |
Sediment Settling Pond | Within Ten (10) Days |
Any other control practice not addressed in this table | Within Three (3) Days |
(g) Penalties Subsequent To Issuance of Stop-Work Order. Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the City shall apply. Applicable penalties as described in Section 916.08(o).
(2) The authorized agent(s) on behalf of the City may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Section 916.08(n)(1) or any other relief the court determines.
(h) Internal Inspections. All controls on the site 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. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the City of Amherst Engineer and all of the following conditions are met:
(1) The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e. more than one (1) month).
(2) Land disturbance activities have been suspended, and temporary stabilization is achieved.
(3) The beginning date and ending dates of the waiver period are documented in the SWP3.
The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls. These inspections shall meet the following requirements:
(1) Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for, pollutants entering the drainage system.
(2) Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the City of Amherst or an alternate form acceptable to the City of Amherst Engineer. The inspection form shall include:
A. The inspection date.
B. Names, titles and qualifications of personnel making the inspection.
C. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred.
D. Weather information and a description of any discharges occurring at the time of inspection.
E. Locations of:
1. Discharges of sediment or other pollutants from site.
2. BMPs that need to be maintained.
3. BMPs that failed to operate as designed or proved inadequate for a particular location.
4. Where additional BMPs are needed that did not exist at the time of inspection.
F. Corrective action required including any necessary changes to the SWP3 and implementation dates.
(3) Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
(4) Final Stabilization shall be determined by The City of Amherst Engineer. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site.
(5) A copy of all of the inspection log sheets must be submitted to the City of Amherst Building Department within five working days of the date that the inspection was conducted. Inspections shall be documented in a format deemed acceptable by the City Engineer.
(i) Ownership and Maintenance of Storm Water Facilities.
(1) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. Said agreement shall be incorporated into the developer's agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair. For subdivisions, unless otherwise approved by the City, this responsible party(ies) shall be an entity of common ownership (e.g., land/homeowner's association) within the proposed subdivision.
B. Prohibit unauthorized alterations of all storm water management facilities. All revisions shall be approved by the City Engineer.
C. Provide adequate access to all storm water management facilities for inspection by the City authorized agent(s) and corrective actions by the owner.
(3) As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(4) The City Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outlined in Ohio R.C. 6131.63. The City authorized agent(s) may require of the owner and/or applicant any one or more of the following items of the maintenance agreement.
A. Benefit two or more property owners.
B. Are designed for cost-effective maintenance.
C. Are determined by the City Planning Commission or authorized agent(s) to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(5) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the City Engineer prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the City Engineer, drainage easements shall be no less than 20 feet wide.
C. Unless otherwise required and approved by the City Engineer, storm water management facilities, including basin, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership such as a land owner's or homeowners' association.
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction: Any lot area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City Engineer.
(j) Schedule of Fees. The City shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable City offices.
(k) Complaints. The City authorized agent(s) shall investigate any complaint related to discharge of storm water pollutants covered by this Chapter.
(l) Variances.
(1) The City may grant a variance to these regulations where the owner or his or her appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, based upon the following:
A. That exceptional topographic or other physical conditions exist that are peculiar to the particular parcel of land.
B. That the literal interpretation of these regulations would deprive the owner of rights enjoyed by other property owners.
(2) Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of these regulations.
(3) The request for variance shall be submitted to the City and shall state the specific variances sought and include sufficient information to justify the granting of a variance.
(m) Appeals. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City or its representatives in relation to this regulation may appeal to the Court of Common Pleas. Such appeal shall be made within 30 days of the date of an order or decision and shall specify the grounds for appeal.
(n) Violations. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter. Violations of these regulations which will result in enforcement actions, include but are not limited to:
(1) Failure to install control practices specified in the state and federal permits.
(2) Improper installation of control practices according to Rainwater and Land Development, current edition, and/or as recommended by the manufacturer.
(3) Inadequate design and/or unacceptable performance of the control practices as judged by the City Engineer.
(4) Failure to properly maintain control practices put in place as determined by the City Engineer.
(5) Failure to remove control practices after the site has reached final stabilization.
(o) Penalties.
(1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a fourth degree misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons violating any of the provisions herein shall upon conviction be fined up to two hundred fifty dollars ($250.00) per day the violation exists and, in addition, shall pay all costs and expenses involved in the case.
(2) Upon notice from the City and/or its authorized agent(s), that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of its assistants, 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 authorized agent(s).
(Ord. 11-35. Passed 7-25-11.)