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(A) The installed stormwater system shall be properly maintained and operated by the legal entity responsible for maintenance in order to achieve compliance with the conditions outlined in this chapter. All stormwater management plan applications shall contain documentation sufficient to demonstrate that the operation and maintenance entity is the legal entity empowered and obligated to perpetually maintain the stormwater management facilities. Details of this documentation, including maintenance responsibilities and agreements, shall be included in the notes section of development plans and where applicable on the final plats. Final plats shall be recorded in Delaware, Franklin, or Union County at no expense to the city and shall constitute a covenant running with the land and shall be binding on the legal entity responsible for maintenance. Where final plats are not recorded, stormwater management plan and development plan documentation regarding obligations to perpetually maintain stormwater management facilities shall be maintained by the City Engineer. The city considers the following entities acceptable to operate and maintain stormwater management facilities:
(1) Local governmental units, including the county, municipalities, or Municipal Service Taxing Units.
(2) Non-profit corporations, including homeowners associations, property owners associations or condominium owners associations, under certain conditions which ensure that the corporation has the financial, legal, and administrative capability to provide for the long-term operation and maintenance of the facilities.
(3) The property owner or developer is normally not acceptable as a responsible entity, especially when the property is to be sold to various third parties. However, the property owner or developer may be acceptable under one of the following circumstances provided the maintenance requirements are described in a document that has been submitted to the city:
(a) The property is wholly owned by said applicant and the ownership is intended to be retained. This would apply to a farm, corporate office, or single industrial facility, for example.
(b) The ownership of the property is retained by the applicant and is either leased to third parties (such as in some shopping centers), or rented to third parties (such as in some mobile home parks), for example.
(B) The stormwater management system shall be maintained by the legal entity. Public improvements shall have adequate easements, in accordance with § 53.100, to permit the city to inspect, and if necessary, to take corrective action should the legal entity fail to maintain the system properly. The city maintains the right to assess costs of labor and materials for such corrective action to the responsible party in accordance with usual and customary costs in place at the time of action.
(C) Maintenance of stormwater facilities shall allow the stormwater management system to perform as originally designed and permitted by the city and other appropriate governmental agencies and as set forth in the written plan.
(D) Maintenance shall include compliance with city building and construction codes, and all other applicable codes.
(Ord. 48-05, passed 9-6-05; Am. Ord. 86-14, passed 9-8-14) Penalty, see § 53.999
Guidance on enforcement of this chapter, including those responsibilities agreed to under the maintenance agreements, shall be referenced in Chapter 153 of the Dublin Code of Ordinances. If at any time the City Engineer determines that the project is not in accordance with the approved plan, or if any project subject to the stormwater regulations is being carried out without an approved plan, the City Engineer is authorized to:
(A) Give the legal entity written notice of the corrective action required to be taken. Should the legal entity fail within 30 days of the date of the notice to complete such corrective action, the City Engineer may enter upon the property, and take the necessary corrective action and assess fees for such action to the violator. If fees are not paid by the violator at the time the service is provided, the city has the right to pursue collection of fees through certification to the County Auditor, remittance to a collection service, or any other appropriate pursuit for payment.
(B) Take appropriate corrective action in the event of an emergency situation which endangers persons or property, or both, as determined to exist by the City Engineer.
(C) Issue written notice to the applicant specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within five working days.
(D) Issue a stop-work order directing the applicant or persons in possession to cease and desist all or any portion of the work which violates the provisions of the stormwater regulations if the remedial work is not completed within the specified time. The applicant shall then bring the project into compliance.
(Ord. 48-05, passed 9-6-05)
(A) Stream Corridor Protection Zones (SCPZs) are established as provided in this section.
(C) The SCPZ width shall be the width of the FEMA-designated 100-year flood plain, or in areas where a FEMA-designated 100 year flood plain has not been designated, a width defined by the following according to the contributing drainage area:
MINIMUM SCPZ WIDTH BY CONTRIBUTING DRAINAGE AREA OF STREAM | |
Contributing Drainage Area (ac) | SCPZ Width (ft) |
MINIMUM SCPZ WIDTH BY CONTRIBUTING DRAINAGE AREA OF STREAM | |
Contributing Drainage Area (ac) | SCPZ Width (ft) |
<100 | 25 |
101-250 | 38 |
251-500 | 50 |
501-800 | 63 |
801-1200 | 75 |
1201-2000 | 88 |
>2000 | 100 |
In most instances the calculated stream corridor protection zone shall be placed at the ordinary high water mark on each side of the channel and extend outward. This will result in a total SCPZ width of two times the minimum SCPZ width (stated in the guidance table above) plus the width of the stream. However, individual site conditions including, but not limited to, topography and slope must be considered when determining the precise location of the stream corridor protection zone and shall be left to the city's discretion.
(D) The width of the SCPZ may be extended to include slopes that are greater than 15% and begin at a point within the SCPZ. The maximum width of the SCPZ extension shall be to the top of the slope or to a point up slope, as measured horizontally, where the width of the SCPZ is doubled, whichever is less. Slope protection widths may be extended beyond these limits at the city's discretion on a case-by-case basis.
(E) The following are exempt from the terms and protection of this chapter: grassy swales, drainage ditches created at the time of a subdivision to convey stormwater water to another system, tile drainage systems, and stream culverts.
(F) The following shall apply to the SCPZ:
(1) The width of the SCPZ shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, SCPZs shall be preserved in their natural state.
(3) The applicant shall be responsible for determining if jurisdictional wetlands have been identified within any proposed development site. Where existing wetlands protected under federal or state law are identified within the SCPZ, the SCPZ shall consist of the full extent of the wetlands plus any additional setback distance mandated by state or federal permit.
(4) The applicant shall be responsible for delineating a rough layout of the SCPZ, including any expansions or modifications as required by divisions (B) through (D) of this section, and identifying this setback on all preliminary subdivision or land development plans, and/or building permit applications. Final development plans shall delineate the SCZP by a metes and bounds survey. This final delineation shall be subject to review and approval by the City Engineer or designee. As the result of this review, the Engineer or designee may require further studies from the applicant.
(5) Prior to any earth-disturbing activity, the SCPZ shall be clearly delineated with construction fencing or other suitable material by the applicant on site, and such delineation shall be maintained throughout earth-disturbing activities. The delineated area shall be maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing shall be removed when a development project is completed.
(6) If earth-disturbing activities will occur within 50 feet of the outer boundary of the SCPZ, the SCPZ shall be clearly delineated by the applicant on site with construction fencing, and such delineation shall be maintained throughout earth-disturbing activities.
(7) No approvals or permits shall be issued by the City Engineer or designee prior to delineation of the SCPZ in conformance with these regulations.
(8) Upon completion of an approved subdivision, the SCPZ shall be permanently recorded on the plat records for the city.
(G) In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations along FEMA regulated streams, filling within FEMA delineated 100-year floodplains may only occur outside of the floodway plus 20 feet, and must be compensated by removing an equivalent volume of material. Compensating storage shall be determined by the volume of material removed above the ordinary high water table and below the 100-year flood elevation established for that area. Compensating storage shall be provided within the legal boundaries of the development. No stormwater management facilities required by the city shall be permitted in the floodplain unless, at city's discretion, the applicant demonstrates that it does not remove floodplain storage when operating at its design capacity. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.
(H) Degraded SCPZs shall be re-graded and re-vegetated such that riparian habitat is recovered and the streambank stabilized in a manner suitable for the native site conditions.
(I) Stream relocation.
(1) Streams may be relocated if the applicant's design demonstrates, to the satisfaction of the city, that the following criteria are met:
(a) Maintain or improve geomorphic stability.
(b) Maintain or improve flood storage capacity.
(c) Maintain or lower regulatory flood water surface elevations.
(d) Enhance aquatic and riparian habitats.
(e) Provide increased recreational opportunities.
(f) Produce zero or positive impacts on water and land resources.
(g) Minimize operations and maintenance requirements.
(h) Maximize safety conditions.
(2) The project's design shall be performed by a qualified professional engineer with experience in fluvial geomorphology.
(3) If floodplain boundaries change as a result of the relocation, the requirements of Chapter 151 of the Dublin Code of Ordinances become applicable.
(J) SCPZ's shall be clearly delineated on preliminary development plans, final plats, final development plans, final construction drawings, building permit site plans and stormwater management plans. Final plats or applicable portions of the final development plan documentation shall be recorded in Franklin, Deleware, or Union County at no expense to the city and shall constitute a covenant running with the land.
(Ord. 48-05, passed 9-6-05; Am. Ord. 86-14, passed 9-8-14)
(A) Open space uses that are passive in character shall be permitted in the SCPZ including, but not limited to, those listed in divisions (A)(1) through (3) of this section. No use permitted under these regulations shall be construed as allowing trespass on privately held lands. Alteration of this natural area is strictly limited. Except as otherwise provided in these regulations, the SCPZ shall be preserved in its natural state.
(1) Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, playground equipment, athletic fields, and wildlife viewing areas.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed. Because of the potential for felled logs and branches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, logs and branches resulting from the removal of damaged or diseased trees that are greater than six inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain.
(3) Re-vegetation and/or reforestation. The re-vegetation and/or reforestation of the SCPZ shall be allowed without approval of the City Engineer or designee.
(B) Projects involving public utilities, transportation infrastructure, stormwater management, stream bank stabilization, or other projects where an environmental and public benefit is provided (including excavation for providing compensatory floodplain volume immediately adjacent to the channel) may be permitted within the SCPZ once the design has been approved by the City Engineer and/or all other applicable review authorities.
(C) Disturbances within the SCPZ (including provision of compensatory floodplain storage adjacent to the stream) as a result of a permitted use must be mitigated through revegetation/reforestation.
(D) Crossings of streams and SCPZs for roadways shall be minimized. Crossings shall be approved at the discretion of the City Engineer if the applicant can demonstrate that alternative roadway locations are infeasible and that disturbances within the SCPZ will be minimized and mitigated.
(Ord. 48-05, passed 9-6-05)
The following uses are specifically prohibited within the SCPZ:
(A) Construction. There shall be no structures of any kind, except as permitted under these regulations.
(B) Dredging or dumping. There shall be no drilling, filling, dredging, excavation, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(C) Roads or driveways. There shall be no roads or driveways, except as permitted under these regulations.
(D) Motorized vehicles. There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.
(E) Disturbance of natural vegetation. There shall be no disturbance of natural vegetation within the SCPZ except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved landscaping plan submitted in conformance with this regulation.
(3) Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(F) Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the SCPZ provided the landowner allows for natural succession.
(G) Parking spaces or lots and loading/unloading spaces for vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(H) New surface and/or subsurface sewage disposal or treatment area. SCPZs shall not be used for the disposal or treatment of sewage except for:
(1) Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this chapter.
(2) Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Delaware, Franklin, or Union County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the SCPZ can be upgraded with approval of the Franklin County Health Department and/or the Ohio Environmental Protection Agency.
(I) Fences and walls. There shall be no fences or walls.
(J) Agriculture. There shall be no agricultural activities.
(K) Industry/commercial business. There shall be no industrial or commercial businesses operated.
(L) Ditching/diking. There shall be no ditching or diking of soil in order to convey water.
(M) Removal of topsoil, sand, gravel, rock, native ground cover/vegetation, oil or gas. There shall be no removal of any of these substances nor any other change in topography other than what is caused by natural forces (with the exception of permitted uses or as approved by the City Engineer).
(N) Herbicides/pesticides. There shall be no use of herbicides or pesticides except as approved by the City Engineer.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
The following facilities are prohibited within the SCPZ:
(A) Buildings/structures;
(B) Swimming pools;
(C) Signs;
(D) Billboards;
(E) Utility lines or pipes (with the exception of necessary public sanitary, water, stormwater and public utility transmission lines as approved by the city);
(F) Electric lines (with the exception of transmission lines);
(G) Telecommunications lines (with the exception of transmission lines);
(H) Cable TV lines;
(I) Stormwater management facilities; and
(J) Other improvements deemed unacceptable to the city.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
(A) Non-conforming structures and uses within the SCPZ, existing at the time of passage of these regulations, that are not permitted under these regulations may be continued but shall not be expanded, changed or enlarged except as set forth in this title.
(B) If damaged, destroyed, terminated or abandoned, these structures or uses may be repaired or restored within six months from the date of damage/destruction or the adoption of these regulations, whichever is later, at the property owners own risk.
(C) A residential structure or use within the SCPZ existing at the time of passage of these regulations may be expanded subject to the following provisions:
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the floodway plus 20 feet limit.
(3) The expansion must not exceed an area of 15% of the footprint of the existing structure (or use) that lies within the SCPZ. Expansions exceeding 15% of the footprint within the SCPZ must be obtained through the variance process.
(D) Non-residential structure (or use) expansions will be permitted only through the variance process.
(Ord. 48-05, passed 9-6-05) Penalty, see § 53.999
(A) The Stream Corridor Protection Zone shall be inspected by the City Engineer or designee:
(1) When a preliminary subdivision plat or other land development plan is submitted to the city.
(2) When a building or zoning permit is requested.
(3) Prior to any earth-disturbing activity to inspect the delineation of the SCPZ as required under these regulations.
(4) When evidence becomes available that the provisions of these regulations become violated.
(B) Violations of these regulations will be handled as noted in § 53.210(C).
(Ord. 48-05, passed 9-6-05)
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