(A) Conditions Precedent to Connection. Unless otherwise required by federal or state law, any person (including, but not limited to, realtors, contractors and land developers of all types, individually or as a group) seeking to connect into or otherwise utilize the sanitary sewers of the city that serve the Broadview Heights South facilities plan drainage area, for any purpose other than to serve a residence or business that was in existence at the time this section becomes effective, shall, as conditions precedent to such connection:
(1) Submit to the city for approval all appropriate plans and specifications prepared by a licensed engineer. Said plans and specifications shall contain, at a minimum, the following information:
(a) A map of the service area, including the location of all ponds, streams, drainageways and any other surface waters;
(b) The estimated flow to be introduced into the sewer, categorized by the type of user, both at the time of connection and in ultimate design; and
(c) The location, length, size and material of all sanitary sewers tributary to the connection.
(2) Submit a notice of intent to the Ohio EPA and prepare a detailed storm water management plan for any proposed development that will, initially or ultimately, exceed five acres in size, as required by the Ohio EPA’s General Storm Water Permit for Construction Activity under the NPDES permit system. The Storm Water Management Plan shall include best management practices for controlling erosion and measures for protecting surface waters and their associated riparian areas.
(B) Riparian Area Protection.
(1) Riparian areas, as currently defined by the Ohio EPA, are those areas that extend three and one- half times the average wetted width on each side from the center of a stream or 50 feet from the bank-full edge, whichever is greater, up to 120 feet. This applies to any streams, including intermittent ones, that have water flowing for sufficient times of the year to develop and maintain defined channels.
(2) Riparian vegetation plays a critical role in establishing and protecting the water quality and biological integrity of a stream. Loss of such vegetation can lead to stream degradation and violation of state water quality standards.
(3) The city shall utilize the following procedures to help protect streams and their riparian areas.
(a) The city shall review all requests for access to the city’s sanitary sewers for possible impact upon streams and riparian areas.
(b) The city shall review all development plans for possible impact upon streams and riparian areas.
(c) Before approving any development plans or any connections to the sanitary sewers, the city shall require the applicant to demonstrate how existing riparian vegetation will be protected and preserved and how streams will be kept free of sediment runoff from construction activity.
(d) The city shall not permit access to the sanitary sewers if any streams and/or riparian areas have been or will be modified, altered or converted to other uses without prior authorization from the Ohio EPA, the city and any other applicable regulatory authority.
(Ord. 59-94, passed 5-16-1994)