Section
1058.01 Purpose and scope
1058.02 Definitions
1058.03 Disclaimer of liability
1058.04 Conflicts, severability, nuisances and responsibility
1058.05 Development of Stormwater Pollution Prevention Plans
1058.06 Application procedures
1058.07 Compliance with state and federal regulations
1058.08 Stormwater pollution prevention plan
1058.09 Performance standards
1058.10 Abbreviated stormwater pollution prevention plan
1058.11 Drainage ditches and watercourses
1058.12 Fees
1058.13 Enforcement
1058.14 Violations
1058.15 Appeals
1058.99 Penalty
(a) The purpose of this chapter 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 Avon Lake and complies with the intent of the Avon Lake Municipal Stormwater Program Manual.
(b) This chapter will:
(1) Allow development while minimizing increases in erosion and sedimentation; and
(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, sanitary or storm sewers, waterlines, underground cables or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional or residential projects; redevelopment activities; general clearing; and all other uses that are not specifically exempted in division (d) of this section.
(d) This chapter does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3). See STORMWATER POLLUTION PREVENTION PLAN.
ACRE. A measurement of area equaling 43,560 square feet.
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.
COMMUNITY. Throughout this chapter, this shall refer to Avon Lake, its designated representatives, boards or commissions.
CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to development areas regulated under this chapter.
DEVELOPMENT AREA. A parcel or contiguous parcels owned by one or more persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional purposes or undergoing other construction or alteration that changes runoff characteristics.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
DRAINAGE.
(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.
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.
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.
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.
LANDSCAPE ARCHITECT. A professional landscape architect registered in the State of Ohio.
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.
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 Stormwater Phase II, must meet.
NPDES: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. A regulatory program in the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq., that prohibits the discharge of pollutants into surface waters of the United States without a permit.
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 Lorain County Auditor’s office.
PERSON. Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, limited liability company agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
PHASING. Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
PROFESSIONAL ENGINEER. A professional engineer registered in the State of Ohio.
QUALIFIED INSPECTION PERSONNEL. A person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of stormwater discharges from the construction activity.
RAINWATER AND LAND DEVELOPMENT. Ohio’s standards for stormwater management, land development and urban stream protection. The most current edition of these standards shall be used with this chapter.
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.
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.
SEDIMENTATION. The deposition or settling of sediment.
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 chapter.
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.
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.
STORMWATER MANAGER. The designated employee of the Public Works Department authorized by Council to administer the stormwater program for the city in accordance with the Stormwater Pollution Prevention Program Manual.
STORMWATER POLLUTION PREVENTION PLAN (SWP3). The written document that sets forth the plans and practices to be used to meet the requirements of this chapter.
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 R.C. § 6111.01 are not included.
UNSTABLE SOILS. A portion of land that is identified by the city as prone to slipping, sloughing or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having low soil strength.
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.
WETLAND. 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. part 232, as amended).
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
Compliance with the provisions of this chapter shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this chapter 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. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
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