(a) 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 Aurora will issue a building permit.
(1) Ohio EPA NPDES Permits Authorizing Storm Water 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 for the NPDES Permit, or a letter, from the site owner certifying and explaining why the NPDES Permit is not applicable.
(2) 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 and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.
(3) 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 and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.
(4) 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 Engineers' Nationwide Permit Program shall be submitted. This shall include one of the following:
A. 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.
B. 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 and approved by the U.S. Army Corps of Engineers at the time of application of this regulation.
(5) 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.
(b) Irrespective of any other regulations set forth in this chapter, the City of Aurora, its Engineer, Planning Zoning and Building Director, Planning Commission, or Council shall not be compelled or required to approve any plan, proposal or application, which deviates, violates, or contradicts the requirements or regulations imposed upon the City by the then current Ohio Environmental Protection Agency Storm Water Discharge Permit issued to the City under the National Pollutant Discharge Elimination System.
(Ord. 2022-080. Passed 5-23-22.)