(a) Intent: The intent of this Section is to protect the land and water resources of City of Eaton by establishing standards to achieve a level of soil erosion and stormwater control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities. In addition these regulations further intend to:
(1) Assure that those involved in earth-disturbing activities minimize both soil erosion and the volume and rate of stormwater runoff from their sites.
(2) Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and replace enclosed, subsurface storm drain systems.
(3) Assure that stormwater controls are incorporated into site planning and design at the earliest possible stage and that all stormwater management practices are properly designed, constructed, and maintained.
(4) Prevent unnecessary stripping of vegetation and loss of soil and to promptly re-vegetate and stabilize the site following earth disturbing activities.
(5) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, wetlands, and stormwater management practices.
(6) Encourage the construction of stormwater management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(7) Preserve to the maximum extent practicable natural infiltration and groundwater recharge.
(b) Scope: Any person or persons proposing to develop or redevelop land within the City of Eaton for any of the uses listed below shall design, develop, and submit a Site Development Plan as described in Section 1111.05
(d). This plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impacts that may result from such development activities and the need for submission of a Stormwater Management Plan (SMP) described in Section 1111.05
(e), to minimize these impacts.
(1) This Section shall apply to both the development and redevelopment of land proposed for the following:
A. Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non-agricultural uses in rural areas.
B. Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
C. Public infrastructure uses, including transportation and utilities.
D. Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(2) This Section does not apply to earth disturbing activities associated with agricultural activities. No earth disturbing activity subject to regulation under this Section shall be undertaken for any land proposed for development or redevelopment for uses specified above without an approved Site Development Plan as required under Section 1111.05(d), and, if appropriate, a Stormwater Management Plan (SMP) as required under Section 1111.05(e). Final approval of a proposed development or redevelopment shall not be given unless:
A. A determination is made by the City Engineer or his authorized agent(s) based on submission of a Site Development Plan that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters, and
B. A SMP has been approved by the City Engineer after determining that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters.
(3) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare a SMP as described in Section 1111.05(e).
A. Activities disturbing greater than or equal to one (1) acre, or less than one (1) acre, if part of a larger common plan of development or sale.
B. Activities that require the extension of public utilities (roadways, water mains, sanitary sewer mains, storm sewers, etc.).
C. Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement.
D. Activities that will channel, straighten, and/or modify a watercourse within the identified 100-year floodplain (studied and unstudied).
(4) Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and a SMP provided they submit a written request for exemption to the City Engineer and said request meets all of the following:
A. Construction takes place on one parcel.
B. The earth disturbing activity does not affect more than 10,000 square feet of the development site at a time.
C. Is not located within one hundred (100) feet of a sensitive natural area.
D. Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.
E. One or both of the following:
1. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites set forth by the City and/or its authorized agent(s).
2. The parcel is part of an overall development plan which has received approval of a SMP and the builder certifies that they will comply with said Plan.
F. The request for an exemption shall be in writing and shall include sufficient detail to determine that granting an exemption will not be detrimental to abutting properties or to the drainage system.
G. Exemption under this Section does not exempt any person or persons from other provisions of this Section or liability from their activities.
(c) Performance Standards:
(1) All Erosion and Sediment Kept on Site: Erosion and sedimentation caused by accelerated wind or stormwater runoff over the site due to earth disturbing activities shall be stabilized and confined to within the boundaries of the development site.
(2) Discharge of Untreated Stormwater: To the maximum extent practicable the site shall not discharge untreated stormwater directly into a receiving body of water.
(3) Structural and Nonstructural Best Management Practices:
A. Nonstructural stormwater management practices shall be used to the maximum extent practicable. Such practices may include, but not be limited to, preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction, and designation of tree preservation areas.
B. Nonstructural and structural stormwater management practices shall be designed in accordance with requirements and standards specified in this Section and/or by the authorized agent(s).
C. Structural and nonstructural stormwater management practices shall be placed in easements and recorded on the property deeds on which they are located and shall remain unaltered unless first approved by the City Engineer.
D. In designing stormwater detention and retention facilities, water quality benefits shall be considered to the maximum extent practicable.
(4) Stream and Wetland Riparian Buffers: The site owner and/or applicant shall leave an undisturbed riparian buffer on both sides of and/or surrounding water resources, except for crossings and other riparian area and wetland impacts approved by the City Engineer. Buffer width will be determined on a case-by-case basis using criteria such as floodplain, topography, vegetative cover, canopy cover, and soil types, etc.
(5) Channel Protection: To protect stream channels from degradation a specific channel protection criteria shall be provided as prescribed in the latest edition of "Rainwater and Land Development".
(6) Temporary Stabilization of Disturbed Areas and Soil Stockpiles: A temporary vegetative cover shall be established on disturbed areas as specified in Table 1, below.
A. Application practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be appropriate for the time of year, site conditions and estimated time of use.
B. Topsoil removed shall be stored on site and shall be stabilized with quick growing plants or other means, so that it is protected from wind and water erosion. Topsoil shall be maintained in a usable condition for sustaining vegetation and reused on the site.
TABLE 1: Temporary Stabilization
Area Requiring Temporary Stabilization | Time Frame To Apply Erosion Controls |
Any disturbed area not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year. | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to onset of winter weather. |
(7) Permanent Stabilization: A permanent vegetative cover shall be established on disturbed areas as specified in Table 2, below. Permanent vegetation shall not be considered established until a ground cover is achieved which is mature enough to control soil erosion and will survive severe weather conditions.
TABLE 2: Permanent Stabilization
Area Requiring Permanent Stabilization | Time Frame To Apply Erosion Controls |
Any area that will lie dormant for 6 months or more. | Within 7 days of the most recent disturbance. |
Any area at final grade. | Immediately after reaching final grade within that area. |
(8) Cut And Fill Slopes: Cut and fill slopes shall be designed, constructed and stabilized in a manner which will minimize erosion. Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions and other applicable factors. If after final grading excessive erosion takes place, additional slope stabilizing measures by the owner, developer or builder will be required until the problem is corrected. The following guidelines are provided to aid in developing an adequate design.
A. Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
B. Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
C. Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate channel, flume or slope drain structure.
D. Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
(9) Protection of Adjacent Properties/Public Rights-of-Way: Properties, public rights-of-way, and thoroughfares adjacent to the site of an earth disturbing activity shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer at the perimeter of the site, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins, or by a combination of such measures.
(10) Sediment Control Structures: Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than fourteen (14) days. Such structures may include, but are not limited to, silt fences, storm drain inlet protection, sediment basins and diversions or channels which direct runoff to a sediment basin. All sediment control practices must be capable of ponding runoff in order to be considered functional. Sediment control structures shall be constructed as a first step in grading and be made functional before upslope earth disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched as soon as the installation is complete. Sediment control structures shall be functional throughout the course of earth disturbing activity and until the site is stabilized with permanent vegetation. Sheet flow runoff from the site shall be intercepted by silt fence or diversions. Silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage areas to silt fence for a particular slope range is shown in Table 3, below. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to ten (10) acres. Whenever stormwater detention is required the stormwater runoff from the site shall pass through a sediment basin or other suitable sediment trapping facility before discharge to a receiving water body. The authorized agent(s) may require sediment basins or traps for smaller disturbed areas where deemed necessary.
TABLE 3: Maximum Drainage Area to Silt Fence
Maximum Drainage Area (In Acres) To 100 Linear Feet Of Silt Fence | Range Of Slope For A Particular Drainage Area (Percent) |
0.5 | <2% |
0.25 | > 2% but < 20% |
0.125 | > 20% but < 50% |
(11) Stabilization Of Waterways And Outlets: All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow without erosion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels.
(12) Storm Sewer Inlet Protection: All storm sewer inlets shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(13) Working In or Crossing Watercourses: All activities shall be kept out of watercourses to the extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) shall be restored to its original cross-section and all disturbed area stabilized immediately after in-channel work is completed. Where a watercourse will be crossed regularly during construction, a temporary stream crossing shall be provided, used for the shortest period practical, removed following site construction, and restored as described in this Section.
(14) Maintenance and Removal of Temporary Measures: All temporary erosion and sediment control practices shall be maintained and repaired to assure continued performance. All temporary erosion and sediment control measures shall be removed within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall have the final grade re-established and be permanently stabilized to prevent further erosion and sedimentation.
(15) Control Of Construction Site Debris and Wastes: All owners, applicants, contractors and developers shall control wastes such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste on construction sites and shall keep streets and gutters clear of all sediment and debris from the site.
(16) Use, Safety, and Maintenance of Stormwater Practices: Stormwater management practices shall be designed for the ultimate use of the site and function safely and with minimal maintenance. If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
(17) Inspection of Stormwater Controls: All on-site control practices shall be periodically inspected to ensure proper function and to identify failures. On- and off-site discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters. Detailed records of inspections shall be maintained for three (3) years following the final stabilization of the site.
(18) Accessibility and Easements: All permanent stormwater management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance.
(19) Status Of Standards: The standards identified in this Section are general guidelines. Each application shall be reviewed on a case by case basis and some may require additional and more stringent requirements, while others may have individual requirements waived by the authorized agent.
(d) Site Development Plan: Any person seeking approval of land development proposals for use types listed in Section 1111.05
(b) shall develop and submit a Site Development Plan as detailed in this section. The applicant is encouraged to have a pre-submission meeting with the City Engineer or his authorized agent(s). Each applicant shall provide information that details the location of the area proposed for development, the site in relation to its general surroundings, predevelopment site conditions, existing characteristics of the site, and the extent of proposed earth disturbing activities.
(1) Submittal Requirements:
A. At a minimum the Site Development Plan shall include the following elements:
1. General location map prepared from a 2,000 scale (one-inch = 2,000 feet) USGS topographic base map that shows the area proposed for development and pertinent adjacent areas and features,
2. A description of the nature and type of the earth disturbing/construction activity (e.g. residential, commercial, highway, etc.) ,and
3. A photocopy of the appropriate soil survey sheet found in the USDA Soil Survey of the City of Eaton with location of site identified.
B. A Site Plan Map that shows the location of existing features and proposed improvements on the site including:
1. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, cleaning, excavation, filling or grading, including off-site borrow areas).
2. Surface water locations, including springs, wetlands, streams, lakes, water wells and ponds on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the permittee intends to fill or relocate for which the permittee is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
3. The general directions of surface water flow and 100-year floodplain when applicable.
4. All improvements, including buildings, retaining walls, sidewalks, streets, parking lots, driveways, utilities and stormwater basins, drainage impoundments, channels and outlets, etc.
C. An estimate of the impervious area and percent imperviousness created by the earth disturbing activity.
D. A nonrefundable fee, as outlined in Section 1105.09, to cover the costs of the City reviewing the submittal. If the SMP must be sent out for review by the City, the subdivider or developer shall pay the cost thereof, and no final approval of the Site Development Plan shall be issued until said costs are paid in full.
(2) Submittal Process: The process for a Site Development Plan submission, review and action is described below. This process should be followed at the onset of the request for a review process.
A. Submission of a Site Development Plan by an applicant seeking approval initiates the review process.
B. The City Engineer or his authorized agent(s) shall review the Site Development Plan and conduct a site inspection of the proposed site.
C. Review of the Site Development Plan shall be completed within a reasonable amount of time from the date of submittal, not to exceed sixty (60) days.
D. Following the Plan’s review, the authorized agent(s) shall:
1. Approve the Site Development Plan; or
2. Conditionally approve the Site Development Plan pending additional information and/or the incorporation of required changes; or
3. Require the submission of a Stormwater Management Plan (SMP) based on written findings of the City Engineer or his authorized agent(s).
(e) Stormwater Management Plan: Stormwater Management Plans (SMPs) are intended to provide information on all soil erosion and runoff control activities and Best Management Practices (BMPs) to be used and incorporated on the site both during and after site development. This information includes, but is not limited to, site grading, stormwater management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth disturbing activities that occur as a result of site development. Each SMP shall provide site designs that meet the Performance Standards presented in subsection (c) hereof and provide practical treatment for both water quality and quantity of stormwater from the site as appropriate.
Submittal Requirements:
(1) In general, SMPs need to address:
A. Erosion and Sediment Control. Providing measures to insure that earth disturbing activities at the site during and after development will be managed in a manner that will not result in increased erosion and sedimentation from the site resulting in impacts to water quality and that meet the Performance Standards specified in Section 1111.05(c).
B. Runoff Control. Providing measures to insure that the quantity of surface water runoff from the development site during and after construction will mimic the pre-development conditions and that meet the Performance Standards specified in Section 1111.05(c).
(2) If a SMP is required under Section 1111.05(b) or (d), such Plan shall specifically include all the following:
A. The minimum elements required in the Site Development Plan described in Section 1111.05(d).
B. The contents of the Storm Water Pollution Prevention Plan (SWP3) required by the Ohio EPA’s NPDES Construction Activity Permit #OHC000002 and incorporated here by reference. This Plan may be submitted as developed for the Ohio EPA, in conjunction with the other requirements of Section 1111.05(e). The contents of the Ohio EPA’s SWP3 include, but are not limited to:
1. A description of prior land uses at the site.
2. Existing data describing the soils on the site and, if available, the quality of any discharge from the site.
3. A determination of runoff coefficients for both the pre- construction and post construction site conditions.
4. For all large earth-disturbing activities (involving the disturbance of five (5) or more acres of land or will disturb less than five (5) acres, but part of a larger common plan of development or sale which will disturb five (5) or more acres of land), a description of post construction BMP(s) chosen and designed to detain and treat a water quality volume (WQv) equivalent to the volume of runoff from a 0.75-inch rainfall (See Ohio EPA Construction Activity Permit for methodology).
5. For all small earth-disturbing activities (which disturb one (1) or more, but less than five (5) acres of land and is not a part of a larger common plan of development or sale which will disturb five (5) or more acres of land), a description of measures that will be installed during the development process to control pollutants in storm water discharges that will occur after construction operations have been completed.
6. An implementation schedule which describes the sequence of major construction operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion, sediment and storm water management practices or facilities to be employed during each operation of the sequence.
7. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.
8. A detailed description of the stormwater controls to be incorporated and how these meet or exceed the appropriate Performance Standards presented in Section 1111.05(c). This shall include the identification of which entity (developer, contractor, owner) is responsible for implementation of each individual control (e.g., contractor X will clear land and install perimeter controls and contractor Y will maintain perimeter controls until final stabilization).
9. A detailed maintenance plan that describes procedures (e.g. inspections) needed to ensure the continued performance of control practices. Such plans must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, state, and federal regulations.
10. A Site Map that includes:
a. Limits of earth-disturbing activity of the site including associated off-site borrow or spoil areas.
b. Soil types on the site, including locations of unstable or highly erodible soils.
c. Existing and proposed contours. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres.
d. Existing and planned locations of buildings, roads, parking facilities and utilities.
e. The location of all erosion and sediment control practices, including areas likely to require temporary stabilization during site development.
f. Sediment and storm water management basins noting their sediment settling volume and contributing drainage area.
g. Permanent storm water management practices to be used to control pollutants in storm water after construction operations have been completed.
h. Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, including dumpster areas, cement truck washout areas, and vehicle fueling and maintenance.
i. The location of designated construction entrances where vehicles will access the site.
j. The location of any in-stream activities, including stream crossings.
11. Proof of authorization and conformance with other applicable local, state and federal requirements. Copies of pertinent Notices of Intent (NOI), permits, public notices and letters of authorization must be included with SMP submissions. These may include, but are not limited to, Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity, Ohio EPA Phase II Stormwater Permits, Section 401 and 404 Clean Water Act Permits, Ohio EPA Isolated Wetland Permit, and Ohio Dam Safety Law Permits.
(3) A nonrefundable fee, as outlined in Section 1105.09, to cover the costs of the City reviewing the submittal. If the SMP must be sent out for review by the City, the subdivider or developer shall pay the cost thereof, and no final approval of the SMP shall be issued until said costs are paid in full.
Stormwater Management Plan Submission, Review and Action:
(4) The applicant is encouraged to have a pre-submission meeting with the City Engineer or his authorized agent(s). Submission of two (2) sets of the SMP and other supporting data required by this regulation to the City Engineer completes the applicant’s responsibilities and initiates the review process.
(5) The SMP shall be reviewed by the City Engineer to:
A. Verify background information furnished by the applicant and evaluate the proposed development in relation to existing site conditions.
B. Assess the SMP in relation to the Performance Standards and requirements of this Section.
(6) Upon submission of the SMP the City Engineer or his authorized representatives shall review the submission within a reasonable amount of time, not to exceed sixty (60) days, and shall either:
A. Approve the SMP as submitted by the applicant; or
B. Conditionally approve the SMP and require the submission of additional and/or revised information by the applicant, in order to fully meet the intent and standards of this Section; or
C. Disapprove the SMP.
(7) Revisions to conditionally approved SMPs shall be prepared and submitted by the applicant to the City Engineer for review. Action by the City Engineer either approving or disapproving the SMP may be appealed to the Appeals Board.
(f) Cost for Initial Construction Inspections: Before approving a final site plan and the accompanying construction plans for public improvements, the developer shall enter into an agreement with the City Engineer to provide for the inspection of the various public improvements as they are constructed. Inspection fees shall be charged at the rate of two and one-half percent (2½%) of the estimated cost of the improvements. The fees shall be used to defray the cost of plan review, field inspection during the six (6)month warranty period and any other incidental expenses directly related to the contracted improvement. Any costs incurred in excess of the two and one- half percent (2½%) shall be billed to the developer. The two and one-half percent (2½%) shall be paid along with the bonds before acceptance by the City for operation and maintenance.
(g) Supplemental Requirements: Stormwater discharge to critical areas with sensitive resources (i.e. wetlands, steep slopes, scenic river designation, recharge areas, etc.) may be subject to additional criteria, or may need to utilize or restrict certain stormwater practices.
(h) Determination of Post Development Runoff: Each SMP shall include an evaluation of pre-development conditions together with during, and post-development impacts that quantifies the volume and rate of runoff from the site by subdrainage areas.
(1) This evaluation shall be prepared according to methods prescribed in the latest edition of "Rainwater and Land Development" or other appropriate sources. The evaluation shall:
A. Show delineation and sequence of subdrainage units which comprise the area proposed for development.
B. Indicate the hydraulic length of slope per individual subdrainage unit and the length of the natural or manmade watercourse which accommodates the surface runoff from each subdrainage unit.
C. Indicate within the legend the average percent slope, erosion factor (K) and runoff curve number (CN) per individual subdrainage unit for a twenty-four- (24) hour storm of a one- (1) year frequency.
D. Include a hydrograph for a twenty-four- (24) hour storm of the critical frequency to be controlled as determined according to Section 1111.05(c) and all calculations made pertinent to evaluating the effects of the proposed development on the pre-development runoff conditions of the site.
(2) Calculations for the design of stormwater management facilities shall demonstrate the following for each subdrainage unit:
A. The peak rate of runoff from the Critical Storm and all more frequent storms occurring on the site does not exceed the peak rate of runoff from a one- (1) year frequency, twenty-four- (24) hour storm occurring on the same site under pre-development conditions.
B. Storms of less frequent occurrence than the Critical Storm, up to the 100-year storm shall have its peak runoff rates no greater than the peak runoff rates from equivalent storms under pre-development conditions. Consideration of the 1-, 2-, 5-, 10-, 25-, 50-, and 100- year storms in design and construction will be considered meeting this standard.
C. Determine the critical storm frequency for which additional control is needed by using the percent increase in runoff volume, derived in Table 4 below.
TABLE 4: Percent Increase in Runoff Volume from a
One-Year Frequency, 24 Hour Storm
Equal to or Greater than (Percent) | Less Than (Percent) | Critical Storm Frequency (Years) |
-- | 10 | 1 |
10 | 20 | 2 |
20 | 50 | 5 |
50 | 100 | 10 |
100 | 250 | 25 |
250 | 500 | 50 |
500 | -- | 00 |
(i) Off-Site Stormwater Control Facilities: Exceptions to requiring permanent on-site runoff control on the site may be considered by the City Engineer, provided the applicant can prove that:
(1) The intent and standards of this Section for runoff control can be best achieved by the utilization of off-site stormwater control facilities.
(2) Runoff from the site can be conveyed to off-site stormwater facilities in a manner and by means which satisfies or surpasses the standards of this Section.
(3) The applicant has ownership of or the right to use the off-site facility in question.
(j) Compliance Responsibility:
No provision of this Section shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon City not otherwise imposed by law. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(1) Proceeding with Activity: Soil-disturbing activities regulated under this regulation shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Stormwater Management Plans have been granted to the site owner/applicant.
(2) Performance Responsibility: The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SMP and for meeting all the standards and requirements of this regulation.
(3) Enforcement:
A. All development sites are subject to inspections by the City Engineer or his authorized agent(s) to ensure compliance with the approved Site Development Plan or SMP.
B. After each inspection a status report shall be prepared and distributed to the appropriate person(s).
C. If it is found that the operations are being conducted in violation of the approved Site Development Plan and SMP, a stop-work order may be issued until the identified violations cease.
D. Following the issuance of a stop-work order, the City Engineer or his authorized agent(s) shall determine if and when the development may proceed. Any determination by the City Engineer or his authorized agent(s) may be appealed to the Appeals Board.
E. After the issuance of a stop-work order, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before Appeals Board to show cause why work should not be stopped. A hearing shall be scheduled at the next meeting of the Appeals Board.
(4) Stop Work Orders: Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
A. If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) outlined in Section 1111.05(j)(10) shall apply.
B. The City may seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this Section. In granting such relief, the Court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Section 1105.12, or any other relief the court determines.
(5) Internal Inspections:
A. All controls on the site shall be inspected at least once every seven calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. The site owner and/or applicant shall assign qualified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all stormwater control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
B. The site owner shall maintain for three (3) years following the final stabilization of the site a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site in compliance with the SMP and identify any incidents of non-compliance.
(6) Ownership and Maintenance of Stormwater Facilities: In cases where stormwater control facilities are proposed on single private properties, the City Engineer shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities. In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City of Eaton accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities. All inspection and maintenance agreements shall do the following:
A. Designate the party or parties responsible for the maintenance of all stormwater management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
B. For subdivisions, unless otherwise approved by the City of Eaton, responsible party(ies) shall be an entity of common ownership (e.g. Land/Homeowner’s Association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the Land/Homeowners Association.
C. Prohibit unauthorized alterations of all stormwater management facilities.
D. Provide adequate access to all stormwater management facilities for inspection by the City and corrective actions by the owner.
E. All stormwater management facility easements shall be on the final plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
F. The owner/developer shall submit four (4) sets of as-built drawings of all stormwater facilities and improvements to the City Engineer.
(7) Drainage Easements: The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the City prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the City, drainage easements shall be no less than twenty (20) feet wide, plus the width of the stormwater facility(ies).
C. Unless otherwise required by the City, stormwater management facilities, including basin, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (e.g., Land/Homeowners Association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction – “Any lot area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City of Eaton Engineer. Maintenance of the drainage easement area, stormwater control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located.”
(8) Complaints: The City of Eaton authorized agent(s) shall investigate any complaint related to earth disturbing activities covered by this Section.
(9) Violations: No person shall violate or cause or knowingly permit to be violated any of the provisions of this section, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this Section or in violation of any approval permit granted under this Section.
(10) Penalties:
A. Violation of any provision of this section, or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a minor misdemeanor. Any person or persons violating any of the provisions herein shall be fined one hundred fifty dollars ($150.00) per offense, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. Upon notice from the City or its authorized agent(s), that work is being done contrary to this section, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or the owner’s authorized agent, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City may require that work be stopped upon verbal order pending issuance of the written order.
C. The imposition of any other penalties provided herein shall not preclude the City 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 Section or other applicable laws, ordinances, rules, regulations, or orders.
(Ord. 05-16. Passed 11-7-05.)