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Cleveland Heights Overview
Codified Ordinances of Cleveland Heights, OH
CODIFIED ORDINANCES OF THE CITY OF CLEVELAND HEIGHTS OHIO
CERTIFICATION
ROSTER OF OFFICIALS
CONTENTS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
THE CHARTER OF THE CITY OF CLEVELAND HEIGHTS, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
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1334.03 DISCLAIMER OF LIABILITY.
   Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 33-2019. Passed 5-6-19.)
1334.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)   Where this regulation is in conflict with other provisions of law, ordinance, regulation, or judicial order, the Administrator shall determine within the Administrator's reasonable discretion which provision shall prevail, provided that the Administrator's determination shall be consistent with the purposes of this regulation.
   (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.
(Ord. 33-2019. Passed 5-6-19.)
1334.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.
   (a)   This regulation requires that a Stormwater Pollution Prevention Plan (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 Stormwater Pollution Prevention Plan must be developed and implemented for all commercial and industrial site development. The Administrator may require a Stormwater Pollution Prevention Plan on sites disturbing less than 1 acre, when stormwater runoff from these sites discharges to sensitive areas or areas of known flooding or water quality problems.
   (b)   The following activities shall submit an Abbreviated SWP3:
      (1)   New single-family residential construction. 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, a full SWP3 and compliance with the Ohio EPA Construction General Permit are required.
      (2)   Additions or accessory buildings for single-family residential construction. 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, a full SWP3 and compliance with the Ohio EPA Construction Site General Permit are required.
      (3)   All non-residential construction on parcels of less than one (1) acre.
      (4)   General clearing activities not related to construction. 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 full SWP3 are required.
   (c)   Activities disturbing 1/10 (one tenth) or less of an acre are not required to submit a SWP3 or an Abbreviated SWP3, unless required by the Administrator. These activities must comply with all other provisions of this regulation.
(Ord. 33-2019. Passed 5-6-19.)
1334.06 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 and two (2) sets of the SWP3 to the SWCD as follows:
      (1)   For developments: After the approval of the preliminary plans and with submittal of the improvement plans.
      (2)   For other construction projects: Before issuance of all applicable permits by the City.
      (3)   For general clearing projects: Prior to issuance of all applicable permits by the City.
   (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 and two (2) sets of the Abbreviated SWP3 and the applicable fees to the SWCD as follows:
      (1)   For single-family home construction: Before issuance of all applicable permits by the City.
      (2)   For other construction projects: Before issuance of all applicable permits by the City
      (3)   For general clearing projects: Prior to issuance of all applicable permits by the City.
   (c)   The Administrator and the SWCD shall review the plans submitted under 1334.06 (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 City permits shall not be issued without
      (1)   Approved SWP3 or Abbreviated SWP3
      (2)   Installation of erosion and sediment controls
      (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 developer, engineer and contractor, and other principal parties, shall meet with the Administrator 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. Pre-Construction Meetings for Abbreviated SWP3s may be waived at the discretion of the Administrator.
   (g)   Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval. (Ord. 33-2019. Passed 5-6-19.)
1334.07 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 or judicial order. 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. Design, selection and maintenance of construction and post-construction storm water control measures shall, at a minimum, meet the requirements of the Ohio EPA General NPDES Permit for Storm Water Associated with Construction Activities in effect at the time of plan submittal to the City.
   (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 regulation.
   (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. 33-2019. Passed 5-6-19.)
1334.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3).
   (a)   In order to control sediment pollution of water resources, the applicant shall submit a SWP3 in accordance with the requirements of this regulation.
   (b)   The SWP3 shall include Best Management Practices (BMPs) and Stormwater Control Measures (SCMs) adequate to prevent pollution of public waters by soil sediment from accelerated storm water runoff from development areas.
   (c)   The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
   (d)   The SWP3 shall be amended whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity.
   (e)   The SWP3 shall incorporate measures as recommended by the most current online edition of Rainwater and Land Development as published by the Ohio Environmental Protection Agency and shall include the following information:
      (1)   A cover page or title identifying the name and location of the site, the name and contact information of all construction site operators, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated start and completion dates for construction.
      (2)   A copy of the permit requirements (attaching a copy of the current Ohio EPA NPDES Construction General Permit is acceptable).
      (3)   Site description: The SWP3 shall provide:
         A.   A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
         B.   Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
         C.   An estimate of the impervious area and percent of imperviousness created by the land disturbance.
         D.   A calculation of the run-off coefficients for both the pre-construction and post-construction site conditions.
         E.   Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
         F.   A description of prior land uses at the site.
         G.   An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.
         H.   The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the aerial extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project. For discharges to a municipal separate storm sewer system (MS4), the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a water resource shall be indicated.
         I.   List TMDLs applicable for the site and demonstrate that appropriate BMPs or stormwater control measures (SCMs) have been selected to address these TMDLs. Prior to the development of TMDLs, SCMs should be selected to address potential future TMDL requirements for pollutants including bacteria, dissolved oxygen and organic enrichment, flow, habitat, nutrients, and suspended solids (sediment) unless demonstrated that receiving water quality is not negatively impacted by these pollutants.
         J.   For - developments a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices. This does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for areas such as steep slopes, stream banks, drainage ways, and riparian zones.
         K.   Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these stormwater discharges.
         L.   A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.
         M.   Each temporary and permanent stormwater practice shall be designated with an individual identification number.
         N.   Site map showing:
            (i)   Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.
            (ii)   Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.
            (iii)   Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.
            (iv)   Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.   
            (v)   Existing and planned locations of buildings, roads, parking facilities, and utilities.
            (vi)   The location of all erosion and sediment control practices, including the location of areas likely to require temporary    stabilization during the course of site development.
            (vii)   Sediment and stormwater management basins including their sediment settling volume and the maximum expected disturbed area that will be directed to the sediment pond during construction. The plan should include a summary of the following:
               a.   The required sediment storage and dewatering volumes
               b.   The provided sediment storage and dewatering volumes
               c.   The weir length or skimmer size, as applicable
               d.   The weir length or skimmer size provided
            (viii)   Data sheets for all sediment traps, sediment basins, and SCMs that identify contributing drainage area, disturbed area, water quality volume, sedimentation volume, dewatering volume, practice surface area, facility discharge and dewatering time, outlet type and dimensions, and any other relevant parameters for each practice.
            (ix)   A separate plan and profile view of each individual sediment settling pond and its outlet structure. Detail drawings of the outlet structure shall indicate the following elevations:
               a.   Pond bottom
               b.   Elevation required to store the required sediment storage volume
               c.   For sediment basins, the elevation at which the skimmer is attached
               d.   For sediment traps, the top and bottom of the stone outlet section
               e.   Elevation required to store the dewatering volume, exclusive of the sediment storage volume
               f.   Elevation of the top of embankment
               g.   Crest of the emergency spillway
            (x)   Where used as a sediment-settling pond during construction, the plan shall include a detail drawing of the temporary outlet configuration of the permanent storm water basin with the following information specified:
               a.   Storage volume provided below the elevation at which the skimmer or other surface dewatering device is attached
               b.   Elevation at which the skimmer or other surface dewatering device is attached
               c.   Elevation at which the full dewatering zone is stored above the skimmer invert
               d.   Any temporary modification to permanent outlet orifices or weirs required to ensure no discharge below the skimmer invert and only the skimmer controls the discharge up to the top of the dewatering volume.
               e.   Calculations of the sediment storage volume, dewatering volume and skimmer drawdown time shall also be provided
            (xi)   The location of permanent SCMs to be used to control pollutants in stormwater after construction operations have been completed.
            (xii)   Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling.
            (xiii)   Methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, stormwater runoff, and snow melt.
            (xiv)   Measures to prevent and respond to chemical spills and leaks. Applicants may also reference the existence of other plans (i.e., Spill Prevention Control and Countermeasure (SPCC) plans, spill control programs, Safety Response Plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.
            (xv)   Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.
            (xvi)   The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
            (xvii)   The location of any in-stream activities including stream crossings.
      (4)   A soils engineering report. The Administrator may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Administrator shall be incorporated in the grading plans and/or other specifications for site development.
         A.   Data regarding the nature, distribution, strength, and erodibility of existing soils.
         B.   If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
         C.   Conclusions and recommendations for grading procedures.
         D.   Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
         E.   Design criteria for corrective measures when necessary.
         F.   Opinions and recommendations covering the stability of the site.
            (Ord. 33-2019. Passed 5-6-19.)
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