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(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City Engineer, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(Ord. 133-16. Passed 12-27-16.)
(a) This regulation requires that a Comprehensive Stormwater Management Plan be developed and implemented for all commercial and industrial site development and all soil disturbing activities disturbing one or more acres of total land, or less than one acre if part of a larger common plan of development or sale disturbing one or more acres of total land, and on which any regulated activity of Section 1050.01(c) is proposed. See Section 1050.01(e), (f) and (g) for exempted activities. The City Engineer reserves the right to require a Comprehensive Stormwater Management Plan on sites disturbing less than one acre.
(b) The City shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City may consult with other technical experts in reviewing the Comprehensive Stormwater Management Plan.
(c) Any residential homes under construction within a residential subdivision that contain a CSWM plan shall conform to the CSWM plan or as deemed necessary by the City Engineer.
(Ord. 133-16. Passed 12-27-16.)
(a) Pre-Application Meeting. The applicant is encouraged to schedule a meeting with the City Engineer or his or her designated representative to:
(1) Discuss the proposed project;
(2) Review the requirements of this chapter;
(3) Identify unique aspects of the project that must be addressed during the review process;
(4) Establish a preliminary review and approval schedule.
(5) It is encouraged that this meeting occurs with the Planning Commission pre-application meeting as listed in Section 1244.06.
(6) Currently, the application for the CSWM is the current Planning Commission application form that can be picked up by the Planning Commission Clerk.
(b) Comprehensive Stormwater Management Plan. The applicant shall submit two sets of a CSWM plan and the applicable fees as set forth in Section 1050.17
to the City Planning Office in conjunction with the submittal of the final plat (see Section 1244.10
for final plat submission requirements). This plan shall meet the requirements of Section 1050.08
and Section 1050.09
, and show the property boundaries (proposed if necessary), setbacks, dedicated open space, public roads, water resources, stormwater control facilities, easements, and blocks in sufficient detail and engineering analysis to allow the City Engineer to determine if the site is laid out in a manner that meets the intent of this chapter and if the proposed SCMs are capable of controlling runoff from the site in compliance with this chapter. This plan shall be approved by the City Engineer prior to issuance of any building permits.
(c) Review and Comment. The City Engineer shall review the plans submitted, and shall approve or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.
(d) Approval Necessary. Land-clearing and soil-disturbing activities shall not begin, and building permits shall not be issued without an approved CSWM plan and deposits necessary as set forth in Section 1050.17
except as approved by the City Engineer.
(e) Valid for Two Years. Approvals issued in accordance with this chapter shall remain valid for two years from the date of approval.
(Ord. 133-16. Passed 12-27-16.)
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 will issue a building permit.
(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits Authorizing Stormwater 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) number from Ohio EPA, 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.
(b) 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 by the U.S. Army Corps of Engineers at the time of application of this regulation.
(c) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland 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 is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act. If an individual permit is required for the development project, 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 not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) 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.
(2) 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 by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law. Proof of compliance shall be a copy of the ODNR Division of Soil and Water Resources permit application tracking number, a copy of the project approval letter from the ODNR Division of Soil and Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 133-16. Passed 12-27-16.)
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