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(a) When the city determines that site constraints compromise the intent of this chapter, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the following standards:
(1) Shall achieve the same level of stormwater quantity and quality control that would be achieved by the on-site controls required under this regulation;
(2) Implemented in the same hydrologic unit code (HUC) 14 watershed unit as the proposed development project;
(3) The mitigation ratio of the water quality volume is 1.5 to 1 or the water quality volume at the point of retrofit, whichever is greater;
(4) An inspection and maintenance agreement as described in § 1060.08(d)(10) is established to ensure operations and treatment in perpetuity; and
(5) Obtain prior written approval from Ohio EPA.
(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the Stormwater Program Manager:
(1) Fees, in an amount specified by the city to be applied to community-wide stormwater management practices;
(2) Implementation of off-site stormwater management practices and/or the retrofit of an existing practice to increase quality and quantity control;
(3) Stream, floodplain or wetland restoration; and
(4) Acquisition or conservation easements on protected open space significantly contributing to stormwater control such as wetland complexes.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
Access to stormwater management practices as required by the Stormwater Program Manager for inspections and maintenance shall be granted by easements. The following provisions shall apply to all easements.
(a) Easements shall be included in the inspection and maintenance agreement submitted with the comprehensive stormwater management plan.
(b) Easements shall be approved by the city prior to approval of a final plat and shall be recorded with the Lorain County Auditor. Easements granted after approval of the plat by the city shall be recorded as a separate document with the Lorain County Recorder.
(c) Unless otherwise required by the City Engineer or Stormwater Program Manager, access easements between a public right-of-way and all stormwater management practices shall be no less than 25 feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the stormwater management practice. Based on the review of the BMP or stormwater management practice being considered, and in accordance with an agreed upon maintenance plan for the BMP or stormwater management practice, the easement width may be reduced as recommended and approved by the Stormwater Program Manager.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the inspection and maintenance agreement for the site.
(e) Easements to structural stormwater management practices shall be restricted against the construction therein of buildings, fences, walls and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the city. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the city at the property owners’ expense.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the Stormwater Program Manager.
(a) Final stabilization must be achieved and all permanent stormwater management practices must be installed and made functional, as determined by the Stormwater Program Manager and per the approved comprehensive stormwater management plan.
(b) An as-built certification, including a survey and inspection, must be sealed, signed and dated by a professional engineer and a professional surveyor with a statement certifying that the stormwater management practices, as designed and installed, meet the requirements of the comprehensive stormwater management plan approved by the Stormwater Program Manager. In evaluating this certification, the Stormwater Program Manager may require the submission of a new set of stormwater practice calculations if he or she determines that the design was altered significantly from the approved comprehensive stormwater management plan. The as-built survey must provide the location, dimensions and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the inspection and maintenance agreement.
(c) A copy of the complete and recorded inspection and maintenance agreement as specified in § 1060.08 must be provided to the Stormwater Program Manager.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
(a) The city shall inspect stormwater management practices periodically. Upon finding a malfunction or other need for maintenance, the city shall provide written notification to the responsible party, as detailed in the inspection and maintenance agreement, of the need for maintenance.
(b) Upon notification, the responsible party shall have five calendar days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established time lines. Should repairs not be made within this time, or a plan approved by the Stormwater Program Manager for these repairs not be in place, the city may undertake the necessary repairs and assess the responsible party.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
The comprehensive stormwater management plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the city before the review process begins. The Stormwater Program Manager shall establish a fee schedule based upon the actual estimated cost for providing these services.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the Stormwater Program Manager. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the Stormwater Program Manager to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two days.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
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 such provisions or with any lawful requirements of any public authority made pursuant to this chapter, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter.
(a) Sites that are in violation with the requirements on this chapter as, determined by the Stormwater Program Manager, shall be required to take immediate 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 immediate 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. 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. Responsible parties that object to such actions can appeal to such determination in accordance with § 1060.17 herein.
(b) In the event that the provisions of this chapter and the provisions of Chapter 1058 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 1058 or through an approved SWP3 plan shall not constitute a violation of this chapter.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, 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 chapter may appeal to the court of common pleas. Such an appeal shall be made in conformity with the appropriate standards of the Ohio Revised Code. Written notice of appeal shall be served on the city.
(Ord. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)
(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 § 1060.16. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. If the person, firm, entity or corporation owner/agent fails to make the necessary corrections within five calendar days after notice, they may be fined no more than $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 shall 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 had 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. 88-2012, passed 6-25-2012; Ord. 26-2013, passed 3-25-2013)