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(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a registered professional engineer, State of Ohio, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. The City may require other BMPs as site conditions warrant.
(1) Construction Entrances: Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than 2" in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of Rainwater and Land Development.
(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be indicated on the plan. Use for other waste and wastewater is prohibited.
(3) Street Sweeping: Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream. | Within 7 days of the most recent disturbance within the area |
Disturbed areas that will be idle over winter | Prior to November 1. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(5) Inlet Protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. Straw or hay bales are not acceptable forms of inlet protection.
(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the City of Eastlake shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in Table 3 in Section 906.09 of these regulations.
(7) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. Maintenance shall occur as detailed below:
A. When BMPs require repair or maintenance. If the internal inspection reveals that a BMP is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When BMPs fail to provide their intended function. If the internal inspection reveals that a BMP fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
C. When BMPs depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a BMP has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(8) Final Stabilization: Final stabilization shall be determined by the City of Eastlake. (Ord. 2017-092. Passed 11-28-17.)
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 Lake County SWCD before the review process begins. Please consult with Chief Building Official for current fee schedule.
(Ord. 2017-092. Passed 11-28-17.)
(a) 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 of Eastlake Finance Department. The bond amount shall be a $1,500 minimum, and an additional $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 of Eastlake. The cash bond shall be returned, less City administrative review and inspection fees as detailed in Chapter 1301 of the City of Eastlake 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.
(b) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the City Engineer.
(Ord. 2017-092. Passed 11-28-17.)
(a) If the City of Eastlake or its duly authorized representative determines that a violation of the rules adopted under this code exist, the City of Eastlake 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.
(b) All development areas may be subject to external inspections by the City of Eastlake and/or the Lake County SWCD to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the City of Eastlake and/or the Lake County SWCD shall prepare and distribute a status report to the applicant.
(d) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3 the City of Eastlake and/or the Lake County SWCD may take action as detailed in Section 906.14 of this regulation.
(e) Failure to maintain and repair erosion and sediment controls per the approved SWP3 plan may result in the following escalation:
(1) First Violation: The City of Eastlake 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 (3) days of the notification. If controls have not been corrected after this time, the City of Eastlake may issue a Stop Work Order for all activities until corrections have been made.
(2) Second Violation: The City of Eastlake may issue a formal Notice of Violation which includes a $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 (3) days of the Notice of Violation. If controls have not been corrected after this time, the City of Eastlake may issue a Stop Work Order for all activities until corrections have been made.
(Ord. 2017-092. Passed 11-28-17.)
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice. (Ord. 2017-092. Passed 11-28-17.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Eastlake in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the Ohio Revised Code. Written notice of appeal shall be served on the City of Eastlake and a copy shall be provided to the Lake County SWCD. (Ord. 2017-092. Passed 11-28-17.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City 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, ordinances, rules, or regulations, or the orders of the City. (Ord. 2017-092. Passed 11-28-17.)