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In order to control pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established in the following standards:
(a) Standards and Specifications: Post-Construction runoff practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Rainwater and Land Development manual, NRCS Field Office Technical Guide or the local county, or the Ohio EPA, whichever is most stringent. These standards are general guidelines and shall not limit the right of the City Engineer to impose at any time additional and/or more stringent requirements nor shall the standards limit the right of the City Engineer to waive, in writing, individual requirements. If the City Engineer waives, in writing, individual requirements the new owner will provide the City Engineer with the information and documentation required to assure the Ohio EPA that the waived requirement will not degrade water quality.
(Ord. 2021-15. Passed 3-17-21.)
Where the City Engineer determines that site constraints exist in a manner that compromises the intent of this ordinance to improve the management of storm water runoff as established in this ordinance, practical alternatives may be used to result in an improvement of water quality and/or a reduction of storm water runoff. Such alternatives must be in keeping with the intent and likely cost of those measures that would otherwise be required to meet the objectives of this section. When possible, all practical alternatives shall be implemented within the drainage area of the proposed development project. Practical alternatives can include, but are not limited to:
(a) Fees shall be paid in an amount specified by the City Engineer. The Community shall apply these fees to storm water management practices that improve the existing water quality.
(b) Implementation of off-site storm water management practices.
(c) Watershed or stream restoration.
(d) Retrofitting of an existing storm water management practice.
(e) Other practices approved by the City Engineer in keeping with the intent of this section.
(Ord. 2021-15. Passed 3-17-21.)
(a) Ohio Dam Safety Laws. The provisions of the Ohio Dam Safety Laws shall be followed. Proof of compliance with the Ohio Dam Safety Law administered by the ODNR Division of Water shall be, but is not limited to, a copy of the ODNR Division of Water permit number or a copy of the project approval letter from the ODNR Division of Water or a letter from the site owner explaining why the Ohio Dam Safety Law is not applicable. The written proof will be provided to the City Engineer before a construction permit will be issued.
(b) NPDES Permits: The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits for construction activity, by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES Permit number or a letter from the site owner explaining why the NPDES Permit is not applicable. The written proof will be provided to the City Engineer before a construction permit will be issued .
(c) Federal and State Wetland Permits: The provisions of the U.S. Army Corps of Engineers dredge and fill permits for federally-protected wetlands shall be followed. The provisions of Ohio EPA's Isolated Wetlands Permits shall also be followed. Wetlands and other waters of the United States shall be delineated by protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of the application of these regulations. Written proof of compliance with both permit programs will be provided to the City Engineer before a construction permit will be issued. Proof of compliance shall be, but is not limited to, the following:
(1) A copy of the U.S. Army Corps of Engineers Individual Permit, if required for the project, showing project approval and any restrictions that apply to site activities; or
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit; or
(3) A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the Community. (Ord. 2021-15. Passed 3-17-21.)
No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
(Ord. 2021-15. Passed 3-17-21.)
(a) Whoever violates or fails to comply with any provision of these regulations is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to this regulations, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) The imposition of any other penalties provided herein shall not preclude the Community, by or through its Law Director and/or any of his or her assistants, from 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 regulation or other applicable laws, or ordinances, rules or regulations or the orders of the City Engineer. (Ord. 2021-15. Passed 3-17-21.)
(a) All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the Community shall be constructed prior to the granting of the Final Plat Approval. Upon the request of the owner, the Community may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the City Engineer's judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat.
(b) The owner will provide a maintenance guarantee for all permanent improvements, soil erosion, and sediment control and water quality practices.
(c) The Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that the planned temporary and permanent soil erosion, sediment control and water quality practices will be constructed and removed in a timely manner, as determined by the City Engineer.
(1) The Guarantee: The guarantee of both performance and maintenance will be in the form of a Security Bond, Escrow Account, Verified Check or Cash. The security Bond, Escrow Account, Verified Check or Cash will be used by the Community to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment control and water quality practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the City Engineer. The Security Bond, Escrow Account, Verified Check or Cash will be in the total amount of both the performance guarantee and the maintenance guarantee. Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in the Ohio R.C. Chapter 711.101.
A. Security Bond, Escrow Account, Verified Check or Cash shall be deposited with the Community prior to review by the City Engineer and/or its consultants to cover professional services of the City Engineer, Building Commissioner, Zoning Inspector and/or other experts required by the City Engineer, Community Council, Mayor or Review Boards.
B. No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Verified Check or Cash has been posted to the satisfaction of the City Engineer sufficient for the Community to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulations, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation. The Security Bond, Escrow Account, Verified Check or Cash shall be released only after all work required by this regulation has been completed to the satisfaction of the City Engineer and all permit and inspection fees required by these regulations have been paid in full.
C. No project subject to this regulation shall commence without the Soil Erosion and Sediment Control, and Storm Water Management, and Water Quality Plans having been approved by the City Engineer or the Mahoning County Soil and Water Conservation District.
(2) Performance Guarantee: The furnishing of a performance guarantee will be maintained in an amount of not less than one hundred twenty percent (120%) of the estimate approved by the City Engineer, of installation of the deferred improvements.
(3) Maintenance Guarantee: The maintenance guarantee shall be maintained for a period of not less than two (2) years after final acceptance of the storm water, soil erosion, sediment control, and water quality practices in an amount equal to twenty percent (20%) of the estimate approved by the City Engineer, of the construction and, where necessary, removal of such practices.
(4) Time Extension: The City Engineer may extend the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner.
(5) Completion: Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment control, and water quality practices and the removal of the temporary soil erosion, sediment control, and water quality practices for which the performance guarantee has been provided the owner shall notify the City Engineer of this fact.
(6) Inspection: The Community will not release the Security Bond, Escrow Account, Verified Check or Cash guarantee until the City Engineer has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed.
(7) Release: The Construction Maintenance Guarantee shall not be released by the Community until all temporary soil erosion and sediment control practices that are no longer needed have been removed, property disposed of and any trapped sediment has been stabilized.
(Ord. 2021-15. Passed 3-17-21.)
(a) This plan will be combined with the Soil Erosion and Sediment Control, Storm Water Management, Riparian Setback and Wetland Setback Plans that have also been developed for the site.
(b) Plans developed by the site owners and approved by the Community in accordance with this regulation do not relieve the site owner of responsibility for obtaining all other necessary permits and/or approvals from federal, state, county, and local agencies and departments. lf requirements vary, the most stringent requirement shall be followed.
If the Community will be requiring that the local soil and water conservation district (SWCD) review the Post-Construction Water Quality Plans the Community should first discuss the issue and how to implement the SWCD plan reviews with the local SWCD.
(c) The site owner shall submit a report from the local county soil and water conservation district, which reviews the owner's development, plans and improvement plans. The applicant or his or her designated representative will pay any costs associated with obtaining the report(s) from the local county SWCD. A letter or report from the local County SWCD, and shall approve or return these with comments and recommendations for revisions, within thirty (30) working days after receipt of the plans as described above. A plan rejected because of deficiencies shall receive a report stating specific problems and the procedures for filing a revised plan. At the time of receipt of a revised plan another thirty (30) day review period shall begin.
(d) Plans submitted to the City Engineer for review and approval shall be accompanied by other required permits and documentation relevant to the project, including but not limited to the US Army Corps of Engineers, Ohio EPA, ODNR Division of Water and Ohio EPA NPDES Permit for Construction Activities.
(e) Five (5) sets of the plans and necessary data required by this regulation shall be submitted to the City Engineer as follows:
(1) Format:
A. Text material will be on 8.5 by 11 inch paper.
B. Drawings will be on paper sized no larger than 24 inch by 36 inches.
C. An electronic copy of the drawings and plan shall be submitted in PDF format as directed by the City.
(f) The City Engineer shall review the plans, including the approval report from the local county SWCD, and shall approve or return these with comment and recommendations for revisions, within thirty (30) working days after receipt of the plan as described above. A plan rejected because of deficiencies shall receive a report stating specific problems and the procedures for filing revised plan. At the time of receipt of a revised plan another thirty (30) day review period shall begin.
(1) Approved plans shall remain valid for two (2) years from the date of approval. After two (2) years the plan(s) approval automatically expires.
(2) No soil-disturbing activity shall begin before all necessary local county, state and federal permits have been granted to the owner or operator.
(3) The Community will do construction inspections until the site is stabilized as determined by the City Engineer. The construction will not be considered completed until the City Engineer has conducted the Post Construction inspections.
(Ord. 2021-15. Passed 3-17-21.)
(a) For all subdivisions, new development, or re-development of residential and non-residential parcels that meet the requirements of this ordinance. The developer/owner shall submit a cash bond for the cost of engineering review by the City Engineer in the amount of
two thousand five hundred dollars ($2,500). In the case of a subdivision, this fee is in addition to the subdivision review fee required under Section 1115.06(c) of the Subdivision Regulations. In the event minor review is required the remaining portion of the bond shall be refunded to the developer/owner. In the event major review is required by the City Engineer, and in the event greater cost than the cash bond is incurred, the developer/owner shall be billed for such additional costs.
(b) In addition to the above fee, the developer/owner shall be charged a fee by the City for the cost of engineering inspection by the City Engineer for all stormwater improvements to a new development, or re-development of residential and non-residential parcels covered under this ordinance. The developer/owner shall deposit with the Treasurer or Finance Director an amount of money to pay for engineering inspections of ten percent (10%) of the stormwater construction cost, as approved by the City Engineer. In the case of subdivisions, the inspection fee shall be noted in Section 1115.06 (e) of the Subdivision Regulations.
(c) The cost and expense of such inspection made by the City Engineer or his authorized representative shall be paid from such deposit upon itemized bills rendered. In the case of such expenditures exceeding such deposits, the excess shall be invoiced to the subdividers for payment. Failure to make such payment within a reasonable time on behalf of the subdivider shall constitute withholding final approval of said plat. In the case of such deposit exceeding said expenditures, the balance will be refunded to the subdivider within a reasonable time after the completion of such inspection.
(Ord. 2021-15. Passed 3-17-21.)
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