Section
1060.01 Purpose and scope
1060.02 Definitions
1060.03 Disclaimer of liability
1060.04 Conflicts, severability, nuisances and responsibility
1060.05 Development of Comprehensive Stormwater Management Plans
1060.06 Application procedures
1060.07 Compliance with state and federal regulations
1060.08 Comprehensive Stormwater Management Plans
1060.09 Performance standards
1060.10 Alternative actions
1060.11 Easements
1060.12 Maintenance and final inspection approval
1060.13 On-going inspections
1060.14 Fees
1060.15 Installation of water quality best management practices
1060.16 Violations
1060.17 Appeals
1060.99 Penalty
Editor’s note:
Ordinance 25-08, passed February 25, 2008, adopted the Avon Lake Municipal Stormwater Program Manual. Ord. 25-08 was repealed by Ord. 88-2012, which was passed 6-25-2012.
(a) The purpose of this chapter is to establish technically feasible and economically reasonable stormwater management standards in accordance with the Avon Lake Municipal Stormwater Program Manual to achieve a level of stormwater quality and quantity control that will minimize damage to property and stormwater assets along with degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the city.
(b) This chapter requires individuals who disturb land or generate debris on land within the city to:
(1) Control stormwater runoff from their property and ensure that all stormwater management practices are properly designed, constructed and maintained;
(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities;
(3) Control the volume, rate and quality of stormwater runoff originating from their property so that surface water and ground water are protected while flooding, debris and erosion potential are not increased;
(4) Minimize the need to construct, repair and replace subsurface storm drain systems and provide a healthy water resource;
(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources;
(6) Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process;
(7) Reduce the expense of maintenance or remedial projects needed to address problems caused by inadequate stormwater management;
(8) Maximize use of stormwater management practices that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation and habitat preservation;
(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize future expenses related to the maintenance and repair of stream crossings; and
(10) Maintain, promote and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows and provide a healthy water resource.
(c) This chapter shall apply to all work that shall disturb an area in excess of one acre and used or being developed, either wholly or partially, for new or relocated projects involving roads; subdivisions or larger common plans of development; industrial, commercial, institutional or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in § 1060.01
(d) Public entities, including the State of Ohio, Lorain County and the city shall comply with this chapter for roadway projects initiated after the adoption of this chapter and, to the maximum extent practicable, for projects initiated before that time.
(e) This chapter does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(f) This chapter does not require a comprehensive stormwater management plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the Stormwater Manager. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1058 Erosion and Sediment Control.
(g) This chapter does not apply to projects that disturb less than one acre in total area, and are repair or renovation of an existing roadway or improved site as determined by the Stormwater Program Manager.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, 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.
ACRE. A measurement of area equaling 43,560 square feet.
AS-BUILT SURVEY. A survey shown on a plan or drawing prepared by a registered surveyor indicating the actual dimensions, elevations and locations of any structures, underground utilities, swales, detention facilities and sewage treatment facilities after construction has been completed.
BEST MANAGEMENT PRACTICES (BMPs). Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements and other practices to reduce the pollution of water resources and to control stormwater volume and rate.
CLEAN WATER ACT. 33 U.S.C. §§ 1251 et seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
COMMUNITY. The City of Avon Lake, its designated representatives, boards or commissions.
COMPREHENSIVE STORMWATER MANAGEMENT PLAN. The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.
CRITICAL STORM. A storm that is calculated by means of the percentage increase in volume of runoff by a proposed development area. The CRITICAL STORM is used to calculate the maximum allowable stormwater discharge rate from a developed site.
DEBRIS. Any gathered or exposed particulates that are subject to transport by stormwater facilities in whole or part by ordinary stormwater flow.
DETENTION FACILITY. A basin, pond, oversized pipe or other structure that reduces the peak flow rate of stormwater leaving the facility by temporarily storing a portion of the stormwater entering the facility.
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.
DEVELOPMENT DRAINAGE AREA. A combination of each hydraulically unique watershed with individual outlet points on the development area.
DISTURBANCE. Any activity involving the addition or removal of soil or the alteration of existing land surfaces.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
DRAINAGE. 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.
EXTENDED CONVEYANCE. A stormwater management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the stormwater quality event.
EXTENDED DETENTION. A stormwater management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
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 practices, such as the use of mulches or geotextiles, have been employed.
GRADING. The process in which the topography of the land is altered to a new slope.
HYDROLOGIC UNIT CODE. A cataloguing system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
IMPERVIOUS COVER. Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
INFILTRATION. A stormwater management practice that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the ground water and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
LARGER COMMON PLAN OF DEVELOPMENT. 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 operators 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 that prohibits the discharge of pollutants into surface waters of the United States without a permit.
NONSTRUCTURAL STORMWATER MANAGEMENT PRACTICE. Stormwater runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.
POST-DEVELOPMENT. The conditions that exist following the completion of soil-disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality or direction of stormwater runoff.
PRE-CONSTRUCTION MEETING. Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as approved and submitted.
PRE-DEVELOPMENT. The conditions that exist prior to the initiation of soil-disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality or direction of stormwater runoff.
PROFESSIONAL ENGINEER. A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
REDEVELOPMENT. A construction project on land where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project. (Refer to Table 1 in § 1060.09.)
RIPARIAN AREA. Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
RIPARIAN AND WETLAND SETBACK. The real property adjacent to a water resource on which soil-disturbing activities are limited, all as defined by the requirements of § 1058.11.
RUNOFF. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to water resources.
SEDIMENT. The soils or other surface materials that can be transported or deposited by the action of wind, water, ice or gravity as a product of erosion.
SEDIMENTATION. The deposition of sediment in water resources.
SITE OWNER/OPERATOR. 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 that is responsible for the overall construction site.
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, increased stormwater quantity and/or decreased stormwater quality.
STABILIZATION. The use of best management practices that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity or a combination thereof.
STORMWATER MANAGER. The employee designated by the Public Works Director to administer the stormwater program for the city in accordance with the Stormwater Pollution Prevention Program Manual.
STRUCTURAL STORMWATER MANAGEMENT PRACTICE. Any constructed facility, structure or device that provides storage, conveyance and/or treatment of stormwater runoff.
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.
TOTAL MAXIMUM DAILY LOAD. The sum of the existing and/or projected point source, non-point source and background loads for a pollutant to a specified watershed, water body or water body segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensures attainment and maintenance of water quality standards.
WATER QUALITY VOLUME. The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.
WATER RESOURCE. Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.
WATER RESOURCE CROSSING. Any bridge, box, arch, culvert, truss or other type of structure intended to convey people, animals, vehicles or materials from one side of a watercourse to another. This does not include private, noncommercial footbridges or pole-mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
WATERSHED. The total drainage area contributing stormwater runoff to a single point.
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; 33 U.S.C. §§ 1251 et seq.).
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
(a) 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 any particular parcel of property.
(b) By approving a comprehensive stormwater management plan under this chapter, the city does not accept responsibility for the design, installation and operation and maintenance of stormwater management practices.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
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