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(a) Riparian setbacks. For the purposes of planning, RIPARIAN SETBACKS are defined as land adjacent to any creek, ditch or streams of the state having a defined bed and bank that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this chapter. Within the city, along streams of the state, “riparian setbacks” are specifically defined as the land within 50 feet from top of bank of any major ditch, or stream of the state having a defined bed and bank. Within that 50 feet are two zones defined as follows.
(1) Zone 1 - This is the area defined as the first 20 feet from top of bank where there is no construction and no disturbance authorized.
(2) Zone 2 - This is the area defined as 20 feet from top of bank to 50 feet from top of bank where no permanent structures may be built and light grading can occur. It lies adjacent to Zone 1.
(b) Ditches.
(1) Major ditch (gable ditch, powdermaker ditch and heider ditch as designated on the stormwater master plan) - The land within the first 25 feet from top of bank or as designated by the Stormwater Program Manager, where the zones are as follows.
A. Zone 1 - This is the area defined as the first ten feet from top of bank where there is no construction and no disturbance is authorized.
B. Zone 2 - This is the area defined as the area starting at ten feet from top of bank and ending 25 feet from top of bank where no permanent structures may be built and only light grading is permitted with approval. It lies adjacent to Zone 1.
(2) Minor ditch (tributary to the major ditched identified above) - The land within the first 15 feet from top of bank or as designated by the Stormwater Program Manager, where the zones are as follows.
A. Zone 1 - This is the area defined as the first ten feet from top of bank where there is no construction and no disturbance authorized.
B. Zone 2 - This is the area defined as the area starting at ten feet from top of bank and ending 15 feet from top of bank where no permanent structures may be built and only light grading is permitted with approval. It lies adjacent to Zone 1.
(c) Swales. There are no riparian zones for swales. It is recommended to keep a minimum height of grass within a swale to be four inches.
(d) Ponds and other BMP (best management practices). The land within the first ten feet from the top of bank or as designated by the Stormwater Program Manager.
(e) Zone maintenance.
(1) Zone 1 - it would be optimal for Zone 1 to be completely natural, but in areas adjacent to residential properties, the minimum height of the grass shall be four inches. The Stormwater Program Manager reserves the right to review the specific maintenance requirements within the designated Zone 1 areas. Designated maintenance requirements for each site shall be made a part of the covenants and restrictions for each project as approved by the Stormwater Program Manager.
(2) Zone 2 - Can be maintained per other City Property Maintenance Code requirements.
(f) Pre-existing site conditions.
(1) If a site does not comply with any of the provisions of this chapter prior to the passage of this chapter, it shall not be a violation of this chapter to maintain the site in its current condition. However:
A. If the existing structures/obstructions that currently cause the property to be in noncompliance are razed, then the site shall be required to conform to the provisions of this chapter with future improvements to the property.
B. No sites shall be exempt from maintaining the setbacks that were established by the final plat that was recorded at the time of development. Riparian setbacks established at the time of development shall govern.
C. Commercial and residential sites where ponds or other stormwater control BMPs were constructed must be maintained by the current owner. The appropriate ponds and BMPs shall be maintained in all perpetuity by the property owner/HOA as they were intended for the purpose of the original design. Owners/HOAs that fail to maintain said BMPs shall be in violation of this code.
(2) Any re-development of an existing site shall require the new improvements to meet the requirements of Chapters 1058 and 1060 for improvements to the preexisting BMPs installed at said site.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
The stormwater pollution prevention plan and abbreviated stormwater pollution plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Public Works Department before the review process begins.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
(a) All development areas may be subject to external inspections by the city to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(b) After each external inspection, the city shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3 the Stormwater Program Manager may take necessary action as detailed in § 1058.14 of this chapter.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
(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 Stormwater Program Manager and/or designee may suspend any active soil-disturbing activity for a period not to exceed 90 calendar 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 Stormwater Manager and/or designee 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.
(c) In cases where a violation notice has been issued for a site, the owner/agent shall be granted a reasonable amount of time, not to exceed five calendar days, to respond in writing to the violations and provide a timeline to complete the necessary corrections. The Stormwater Program Manager shall review and approve the appropriate timelines as he or she feels is appropriate for the violations under review.
(d) Violations of the requirements set forth in the approved stormwater pollution prevention plan or abbreviated stormwater pollution prevention plan is considered an illicit discharge and shall be subject to the fines and penalties set forth in accordance with Chapter 1061 of this code of ordinances.
(e) Sites that are in violation with the requirements of this chapter, as determined by the Stormwater Program Manager, shall be required to take appropriate actions to correct the violations. Sites that do not comply within a reasonable amount of time, as determined by the Stormwater Program Manager, shall be subject to appropriate actions such as withholding of inspections including building inspections or underground utility site inspections, stop work orders, cease and desist orders, and final inspections for occupancy permits or plat approval. Sites subject to such actions cannot resume work until all violations are corrected to the satisfaction of the Stormwater Program Manager and such restrictions are suspended in writing. The Stormwater Program Manager shall herein be granted the right to permit portions of the site work to resume in cases where partial corrective actions have been corrected and the remaining actions have been agreed to in a written timeline agree to by the owner/contractor.
Responsible parties that object to such actions can appeal to such determination in accordance with § 1058.15 herein.
(f) In the event that the provisions of this chapter and the provisions of Chapter 1060 of this code of ordinances or the provisions of an approved SWP3 plan the more restrictive provisions shall prevail. Any activities or actions taken in accordance with the provisions of Chapter 1060 or through an approved SWP3 plan shall not constitute a violation of this chapter.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the city in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the provisions set forth in the Stormwater Pollution Prevention Program Manual maintained by the Stormwater Manager. Written notice of appeal shall be served on the Stormwater Manager and a copy shall be provided to the Law Director.
(Ord. 89-2012, passed 6-25-2012)
(a) Any person, firm, entity or corporation, including but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter shall be notified in accordance with § 1058.14. A separate offense shall be deemed committed each day during or on which a known and identified violation or noncompliance occurs or continues. If the person, firm, entity or corporation fails to make the necessary corrections within five calendar days after written notice, they may be fined up to $200 for each offense per day.
(b) The imposition of any other penalties provided herein shall not preclude the city 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 chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the city.
(c) The penalties and fines set forth in division (a) of this section, may be levied in situations where the Stormwater Program Manager has determined the responsible party has failed to take corrective actions to resolve the violations. Situations such as adverse weather conditions including rain or freezing weather, continuance of other construction activities on site, and failure to abide by a stop work order issued against the site shall be taken into account by the city before enacting fines.
(d) In cases where the Stormwater Program Manager has determined it necessary to levy fines, documentation shall be provided to the offending party that shows that the original notice has not been appropriately been corrected in a timely manner, and list the appropriate violations of §§ 1058.14 and 1060.16. In special cases where corrective actions have been started but not to the acceptable practices of the Stormwater Program Manager, additional time may be granted before penalties are levied.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)