1005.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.

   (a)    Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions 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 private or public 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 therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

   (e)    The Engineer shall administer, implement, and enforce the provisions of this Chapter.

(Ord.  2020-58.  Passed 4-20-20.)

1005.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.

   (a)    This regulation requires that a SWP3 be developed and implemented for all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land. A SWP3 shall be developed and implemented for all commercial and industrial site development. The City shall require an Abbreviated SWP3 on any site disturbing less than one (1) acre but disturbing four thousand (4,000) square feet or more of land.

   (b)   General clearing activities not related to construction shall submit an Abbreviated SWP3. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, compliance with the Ohio EPA Construction Site General Permit and a SWP3 is required.

   (c)   Activities disturbing less than four thousand (4,000) square feet are not required to submit a SWP3 or an Abbreviated SWP3, unless required by the City. These activities must comply with all other provisions of this regulation.

(Ord.  2020-58.  Passed 4-20-20.)

1005.06 APPLICATION PROCEDURES.

   (a)    SOIL DISTURBING ACTIVITIES SUBMITTING A STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the City as follows:

      (1)    For subdivisions: After the approval of the preliminary Site Development Plan and with submittal of the final Site Development Plan.

      (2)    For other construction projects: Before issuance of a building or zoning permit by the Building Commissioner.

      (3)    For general clearing projects: Prior to issuance of a building or zoning permit by the Building Commissioner.

   (b)    SOIL DISTURBING ACTIVITIES SUBMITTING AN ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the Abbreviated SWP3 and the applicable fees to the City as follows:

      (1)    For single-family home construction: Before issuance of a building or zoning permit by the Building Commissioner.

      (2)    For other construction projects: Before issuance of a building or zoning permit by the Building Commissioner.

      (3)    For general clearing projects: Prior to issuance of a building or zoning permit by the Building Commissioner.

   (c)    The Engineer shall review the plans submitted under subsection (a) or (b) for conformance with this regulation and 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)    Soil disturbing activities shall not begin and building or zoning permits shall not be issued without all of the following:

      (1)   Approved SWP3 or Abbreviated SWP3; and

      (2)   Installation of erosion and sediment controls; and

      (3)   Physical marking in the field of protected areas or critical areas, including wetlands and riparian areas.

   (e)    SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.

   (f)    The property owner or appointed representative, developer, engineer and contractor, and other principal parties, shall meet with the City for a Pre Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas.

   (g)    Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.

(Ord.  2020-58.  Passed 4-20-20.)

1005.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

   Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with SWP3s or Abbreviated SWP3s.

   (a)    Ohio EPA 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 an application is made under this ordinance.

   (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 an application is made under this regulation.

   (d)    Section 404 of the Clean Water Act: 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 required for the development project. 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 evaluated the site and determined that Section 404 of the Clean Water Act is not applicable, and provide documentation.

      (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 an application is made under this regulation.

   (e)    Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.

      (Ord.  2020-58.  Passed 4-20-20.)