(a) Fees: The SWP3 and abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City and the Cuyahoga SWCD before the review process begins. Consult with Building Department for current fee schedule.
(b) Bond: If a SWP3 or abbreviated SWP3 is required by this regulation, soil disturbing activities shall not be permitted until a cash bond or deposit has been deposited with the City Finance Department. The bond amount shall be a one thousand five hundred dollar ($1,500) minimum, and an additional one thousand five hundred dollar ($1,500) paid for each subsequent acre or fraction thereof or the cost of stabilizing disturbed areas based on a fee schedule established by the City. The bond will be used for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The cash bond shall be returned, less City administrative fees as detailed in the City Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the City Engineer.
No project subject to this regulation shall commence without a SWP3 or abbreviated SWP3 approved by the City Engineer.
(c) Enforcement:
(1) If the City or its duly authorized representative determines that a violation of the rules adopted under this Code exist, the Building Department or representative may issue an immediate stop work order if the violator failed to obtain any Federal, State, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(2) All development areas may be subject to external inspections by City Building Department or its duly authorized representative to ensure compliance with the approved SWP3 or abbreviated SWP3.
(3) After each external inspection, City Building Department or its duly authorized representative shall prepare and distribute a status report to the applicant.
(4) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or abbreviated SWP3 City Building Department may take action as detailed in this regulation.
(5) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation:
A. First violation: The Building Department will issue a notice of deficiency to the owner or operator. All controls are to be repaired or maintained per the SWP3 plan within three days of the notification. If controls have not been corrected after this time, the City Building Department may issue a stop work order for all activities until corrections have been made.
B. Second violation: The Building Department may issue a formal notice of violation which includes a two hundred fifty dollar ($250.00) administrative fee against the SWP3 Bond or site plan deposit. All controls are to be repaired or maintained per the approved SWP3 plan within three days of the notice of violation. If controls have not been corrected after this time, the City Building Department may issue a stop work order for all activities until corrections have been made.
C. Third and subsequent violations: The City Building Department may issue a stop work order for all construction activities and charge a two hundred fifty dollar ($250.00) administrative fee against the SWP3 bond or site plan deposit. The stop work order will be lifted once all controls are in compliance with the approved SWP3 plan.
(6) The Building Department shall have the authority to make immediate on-site adjustments to the SWP3 in order to achieve compliance with this chapter.
(7) A final inspection will be made to determine if the criteria of this Code has been satisfied and a report will be presented to the City on the site's compliance status.
(8) The City Building Department will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these rules.
(9) The City Building Department shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an individual or nationwide permit is identified. The City Building Department shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(10) The City shall not issue building permits for projects regulated under this Code that have not received approval for an SWP3 for said project(s).
(Ord. 10080-2017. Passed 6-20-17.)