(A) Definitions.
APPROVING AGENT.
The Building and Planning Department of the city, or its representative.
BEDROCK.
In place solid rock.
BENCH.
A relatively level step excavated into earth material on which fill is to be placed.
COMPACTION.
The densification of a fill by mechanical means.
CUT.
An excavation and the material removed in an excavation.
DEVELOPMENT AREA.
Any contiguous area included within the scope of this section and owned, planned, or developed by one owner or as one unit, upon which earth disturbing activities are planned or under way.
DEVELOPMENT PLAN.
A written and/or graphical description, acceptable to the approving agent of methods for controlling accelerated erosion and accelerated runoff from a development area.
DITCH.
An open channel either dug or natural for the purpose of drainage or irrigation with intermittent flow.
DRAINAGEWAY.
An area of concentrated water flow other than a river, stream, ditch, or grassed waterway.
EARTH DISTURBING ACTIVITY.
Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
EROSION.
The wearing away of land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep, detachment, and movement of soil or rock fragments by water, wind, ice, or gravity.
(1) ACCELERATED EROSION.
Erosion much more rapid than normal, natural, or geological erosion, primarily as a result of an influence of the activities of man.
(2) GULLY EROSION.
The erosion process whereby water accumulates in narrow channels and over short periods during and immediately after rainfall or snow or ice melt, and actively removes the soil from this narrow area to considerate depths such that the channel would not be obliterated by normal smoothing or tillage operations.
(3) NATURAL EROSION (GEOLOGICAL EROSION).
Wearing away of the earth's surface by water, ice, or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by man.
(4) NORMAL EROSION.
The gradual erosion of land used by man which does not greatly exceed natural erosion.
(5) RILL EROSION.
An erosion process in which numerous small channels only several inches deep are formed. Rill erosion occurs mainly on recently disturbed soils.
(6)
SHEET EROSION.
The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
GRADE.
The vertical location of the ground surface.
LANDSLIDE.
The rapid downward and outward movement of large rock material or soil mass under the influence of gravity in which the movement of soil mass occurs along an interior surface of sliding.
MULCHING.
The application of suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
PERSON.
Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, or any combination thereof.
POLLUTION.
The man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water.
PRIVATE WATERS.
Water within private ponds and lakes on single properties.
PUBLIC WATERS.
The water within lakes, rivers, streams, ditches, and other water leaving a single property.
RAINFALL INTENSITY.
The severity of a storm of a given duration and frequency, expressed as inches of rainfall per hour.
RIP-RAP.
Stone placed on earth surfaces such as the face of a dam or the bank of a stream for protection against the action of water (waves) and grouted or cemented in place.
ROCK CHANNEL PROTECTION.
Stone placed on earth surfaces such as the face of a dam or the bank of a stream for protection against the action of water (waves).
RUNOFF.
The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and eventually is returned to streams.
(1) ACCELERATED RUNOFF.
Increased runoff due to less permeable surface area primarily caused by the activities of man.
(2) PEAK RATE RUNOFF.
The maximum rate of runoff for any storm.
(3) VOLUME OF RUNOFF.
The total quantity of runoff for any storm.
SLIP.
Slip has the meaning as "landslide" above.
SLOUGHING.
A slip or downward movement of an extended layer of soil frequently resulting from the undermining action of water (waves), or the earth disturbing activity of man.
SOIL LOSS.
Soil moved from a given site by the forces of erosion and redeposited at another site on land or in a body of water.
STORM DURATION.
The average length of time that a storm of a given frequency and intensity can be expected to last. For the purpose of runoff computation it is taken as the time of concentration.
STORM FREQUENCY.
The average period of time within which a storm of given duration and intensity will be equaled or exceeded; also expressed as a percentage of likelihood that a storm of a given intensity and duration will reoccur within one year.
STREAM.
A body of water running or flowing on the earth's surface or the channel in which such flow occurs. Flow may be seasonally intermittent.
SWALE.
A low lying stretch of land which gathers or carries surface water runoff.
TERRACE.
A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
WATERCOURSE.
A permanent stream, intermittent stream, river, brook, creek, channel, or ditch for conveying, whether natural or man-made.
(B) General provisions.
(1) The purpose of this section is to provide for the control and management of storm water drainage and storm water detention/retention, in order to protect life, limb, and property and to preserve the environment and hillside stability from earth disturbing activities within the jurisdiction of the city unless otherwise excluded by this section or unless expressly excluded by state law.
(2) Compliance with the provisions of this section shall not relieve any person from any civil liability arising out of ownership and control of his property, nor shall such compliance or errors committed by those attempting to comply with this section impose any liability on the city for damage caused to any person or property.
(3) If any clause, section, or provision of this section is declared to be invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder of this section shall not be affected thereby.
(C) Land use regulations.
(1) There shall be required an informal preliminary approval of all land use plans by the approving agent before detailed storm water management and sediment control and site plans are submitted to the approving agent for final approval by the Planning Commission. No person shall cause or allow earth disturbing activities on a development area except in compliance with the standards and criteria as set forth in this section pertaining to storm water drainage and detention/retention, as specified in Attachment A of Ordinance 01-04, which is incorporated by reference into this section, unless otherwise excluded by this section.
(2) The following shall be exempted from the requirements of this section:
(a) Accepted agricultural practices.
(b) Grading as a maintenance or landscaping measure on existing developed residential lots.
(c) Test boring and other exploratory excavation.
(d) Single lot development in an approved residential subdivision.
(e) Any other land use that is exempted, but only to the extent that it is exempted, by the approving agent.
(D) Administration.
(1) Before initiating any design, the owner or his representative shall confer informally with the approving agent in order to insure proper design in compliance with good engineering practice and the requirements of this section.
(2) Plans shall contain at least the following information:
(a) Vicinity sketch.
(b) Property lines and easements.
(c) Existing and proposed topographical slope equal to one foot intervals for 0% to 5% slope, two foot intervals for 5% to 10% slope and five foot intervals for greater than 10% slope.
(d) Existing and proposed significant man-made and natural features on the site.
(e) Existing significant man-made and natural features on all adjacent property within 100 feet of the development site.
(f) Existing and proposed ground cover.
(g) The storm water drainage and detention/retention computations, as specified in Attachment A of Ordinance 01-04, incorporated by reference into this section, either attached to the plan or on a separate sheet.
(h) The project name, the owner's name, the scale, the direction arrow, the date, legend, and an engineer's stamp.
(i) A time schedule for completion of work.
(j) Other details as directed by Attachment A of Ordinance 01-04, incorporated by reference into this section.
(3) The approving agent may waive any or all of the above specific requirements for plan detail based on any information known by the approving agent.
(4) In order to obtain the formal approval of the approving agent, there must be submitted three sets of land use plans to the approving agent, and the approving agent must make the proper determinations within 30 days of the submission of the plans. Any alterations or re-submissions of land use plans shall follow the same procedures as the original submission of the plans. Reasonable review fees shall be established by the approving agent and shall be paid in advance by the developer when possible.
(5) In order to guarantee the proper completion of work, the approving agent may require a performance bond for the development, subject to the mandatory requirements of performance bonds as specified elsewhere in the Cheviot Planning and Zoning Ordinances. The amount of the bond shall be equal to the approximate cost to construct the required storm water management facilities and the erosion control measures.
(6) The right of the developer to appeal any adverse decision by the approving agent shall be provided for as follows:
(a) Any appeal from a decision of the approving agent shall be commenced by filing a written Notice of Appeal, on forms to be provided by the Planning Commission, with the Secretary of the Planning Commission. The Notice of Appeal must be filed within 30 days after the written decision of the approving agent has been mailed to the last known address of the proposed owner or developer.
(b) Reasonable fees for appeals shall be established by the Planning Commission, which shall be the body hearing all appeals. The Commission may require the approving agent to document the reasons for its refusal to approve the plans. The appeal hearing shall be scheduled within 60 days of the date that it is filed.
(c) At the hearing, any party may appear in person and may be represented by an attorney. The Planning Commission, after the appeal, may affirm, reject, or modify the decision of the approving agent. However, the only criteria for appeal and the only justification for rejecting or modifying the decision of the approving agent are either:
1. Proof of error made by the approving agent plus proof of compliance with this section by the owner or developer; or
2. Proof that total compliance with this section will create an undue financial burden upon the owner or developer plus proof that the plan as submitted by the owner or developer provides feasible near-compliance with this section, plus proof that the public health, safety, and welfare will not be impaired by the plan as submitted.
(7) The approving agent shall be under a continuing duty to review and evaluate the methods used and the overall effectiveness of this section, and to make reasonable attempts to verify the continuing compliance with this section by individuals whose land usage is governed by the terms of this section. The approving agent may require appropriate legal documents to be prepared and executed by the owner and the developer in order to assure that future owners of the land being developed will continue to comply with the provisions of this section. In the event that the approving agent determines that reasonable grounds exist to conclude that the terms of this section are being violated, or that hazardous conditions exist, then the approving agent may either order the developer to cease operations pending further investigation, to bring the land use development into compliance with this section, or both, or to initiate an appropriate legal action. These rights of the approving agent are not exclusive.
(8) Any person, firm, or corporation violating any of the provisions of this section shall be guilty of a minor misdemeanor and fined not more than $100 for each offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be separately punishable under this section.
(Ord. 01-04, passed 5-1-01)