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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
TITLE THREE - Public Utilities
TITLE FIVE - Other Public Services
CHAPTER 951 City Cemeteries
CHAPTER 955 Parks
CHAPTER 959 Sanitation Department Rules and Regulations
CHAPTER 960 Storm Water Management
960.01 DEFINITIONS.
960.02 PURPOSE AND INTENT.
960.03 APPLICABILITY.
960.04 ADMINISTRATION.
960.05 DISCLAIMER OF LIABILITY.
960.06 ENVIRONMENTAL LAWS.
960.07 SEVERABILITY.
960.08 CONFLICTING INFORMATION.
960.09 PROPERTY RIGHTS.
960.10 RESPONSIBILITY.
960.11 DUTY TO MITIGATE.
960.12 INFORMATION.
960.13 WATERCOURSE PROTECTION.
960.14 PROHIBITION OF ILLICIT DISCHARGES.
960.15 PROHIBITION OF ILLEGAL CONNECTIONS.
960.16 CONTROL OF MATERIALS AND DEBRIS.
960.17 NOTIFICATION OF SPILLS.
960.18 STORM WATER PERMITS.
960.19 SIGNATORY REQUIREMENTS.
960.20 STORM WATER PERMIT COVERAGE.
960.21 STORM WATER PERMIT TRANSFER.
960.22 STORM WATER PERMIT MODIFICATION.
960.23 STORM WATER PERMIT TERMINATION.
960.24 STORM WATER POLLUTION PREVENTION PLAN (SWP3).
960.25 CONTROL PRACTICE MAINTENANCE.
960.26 SELF-INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.27 CITY INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
960.28 POST-CONSTRUCTION INSPECTION AND MAINTENANCE AGREEMENTS.
960.29 DEED OR FINAL PLAT REQUIREMENTS.
960.30 PERMANENT EASEMENTS.
960.31 REVIEW AND PERMITTING FEES.
960.32 ACCESS AND INSPECTION.
960.33 ENFORCEMENT.
960.34 APPEAL OF NOTICE OF VIOLATION.
960.35 ENFORCEMENT MEASURES AFTER APPEAL.
960.36 STOP WORK ORDERS.
960.37 INJUNCTIVE RELIEF.
960.38 VIOLATIONS DEEMED A PUBLIC NUISANCE.
960.39 MINOR MISDEMEANOR.
960.40 FEE RECOVERY.
960.41 REMEDIES NOT EXCLUSIVE.
960.42 CREATION OF A STORM WATER UTILITY PROGRAM.
960.43 FUNDING THE STORM WATER UTILITY PROGRAM.
960.44 STORM WATER UTILITY PROGRAM ENTERPRISE FUND.
960.45 STORM WATER UTILITY OPERATING BUDGET.
960.46 RATE STRUCTURE CHARGES AND FEES.
960.47 NECESSITY FOR CHARGES.
960.48 POWERS OF THE SAFETY-SERVICE DIRECTOR.
960.49 RIGHT TO APPEAL BY NONRESIDENTIAL PROPERTY OWNER.
960.50 COLLECTION.
960.51 ADJUSTMENTS TO STORM WATER SERVICE CHARGES.
960.52 PAYMENT OF CHARGES.
960.53 FALSIFYING INFORMATION.
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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960.17 NOTIFICATION OF SPILLS.
   (a)   Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the MS4, or Waters of the State, said person shall take all necessary steps to ensure the discovery, containment, and clean-up of such release.
   (b)   In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services in accordance with local, State and Federal regulations.
   (c)   In the event of a release of non-hazardous materials, said person shall notify the City Engineer no later than the next business day.
   (d)   Notifications in person or by phone shall be confirmed by written notice to the City Engineer within three business days of the verbal notice.
   (e)   If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the discharge or, if applicable, from the conclusion of all litigation and decisions. This provision does not relieve the owner of record of any other requirements by law.
(Ord. 2008-18. Passed 2-19-08.)
960.18 STORM WATER PERMITS.
   (a)   A permit is required for any earth-disturbing activity that will:
      (1)   Disturbs one or more acres of land;
      (2)   Disturb less than one acre, but is part of a larger common plan of development or sale which will disturb one or more acres of land; or
      (3)   Move 500 cubic yards or more of earth.
   (b)   No earth-disturbing activities requiring a permit shall commence prior to the issuance of a permit by the City Engineer.
   (c)   If earth-disturbing activity is not initiated within one year of the date that the permit was issued, such permit shall be considered void by the City.
   (d)   Any runoff or water generated from any earth-disturbing and/or post-construction activity shall be considered illicit discharge unless permitted by the provisions of this chapter.
   (e)   No application for a permit will be approved unless a SWP3 is reviewed and approved by the City Engineer.
   (f)   No permit is required for the following activities:
      (1)   Any emergency activity which is immediately necessary for the protection of life, property or natural resources. The authorized agency shall notify the City Engineer of any earth-disturbing activity which is more extensive than normal maintenance;
      (2)   Existing nursery and agricultural operations conducted as a permitted main or accessory use;
      (3)   Cemetery graves; and
      (4)   Any activity that is consistent with the promotion of public health, safety and welfare in light of the public's paramount concern for protection of its natural resources.
   (g)   Each application shall bear the name(s) and address(es) of the owner, operator and/or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm and shall be accompanied by a permitting fee.
   (h)   The permittee will be required to file with the City a faithful performance bond or bonds, letter of credit or other improvement security in an amount deemed sufficient by the City Engineer for earth-disturbing activities to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified the City Engineer and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site by the permittee. Bonds filed for earth-disturbing activities are in addition to any other bonding required by the City.
   (i)   The City Engineer will review each application for a permit. Within thirty calendar days after receiving an application, the City Engineer shall, in writing:
      (1)   Approve the permit application and issue the permit;
      (2)   Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter and issue the permit subject to these conditions; or
      (3)   Disapprove the permit application, indicating deficiencies and the procedure for submitting a revised application and/or submission. Pending preparation and approval of a revised plan, development activities may be allowed to proceed in accordance with conditions established by City Engineer.
   (j)   Failure of the City Engineer to act on original or revised applications within thirty calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and City Engineer.
   (k)   Permit availability.
      (1)   The permittee shall furnish to the City Engineer, or authorized representative, any information which the City Engineer may request to determine compliance with the permit and copies of records required to be kept by the permit within five business days of the request.
      (2)   All permits, permit approval letters and SWP3s are considered reports that shall be available to the public in accordance with the Ohio Public Records law.
(Ord. 2008-18. Passed 2-19-08.)
960.19 SIGNATORY REQUIREMENTS.
   (a)   All reports, certifications or information either submitted to the City Engineer or that this chapter requires to be maintained by the permittee shall be signed as follows:
      (1)   For a corporation: By a responsible corporate officer or duly authorized representative. For the purpose of this section, a responsible corporate officer means:
         A.   A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation; or
         B.   The manager of one or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
      (2)   For a partnership or sole proprietorship: By a general partner, the proprietor or duly authorized representative; or
      (3)   For all other cases: By either a principal executive officer, ranking elected official or duly authorized representative.
   (b)   If an authorization under this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the signatory requirements of these regulations shall be submitted to the City Engineer prior to or together with any reports, information or applications to be signed by an authorized representative.
(Ord. 2008-18. Passed 2-19-08.)
960.20 STORM WATER PERMIT COVERAGE.
   (a)   The permit covers all requirements for new and existing discharges, composed entirely of storm water and associated with earth-disturbing activity that enter Waters of the State or a storm drain leading to Waters of the State. The permit controls earth-disturbing activity, soil storage, and erosion and sedimentation resulting from earth-disturbing activities and establishes procedures for issuance, approval, administration, and enforcement of the permit.
   (b)   Support Activities. The permit authorizes storm water discharges from support activities, including but not limited to, equipment staging yards, material storage areas and excavated material areas provided:
      (1)   The support activity is directly related to a construction site that is required to have coverage by the permit for discharges of storm water associated with construction activity;
      (2)   The support activity is not a commercial operation serving multiple unrelated construction projects and does not operate beyond the completion of the earth-disturbing activity at the site it supports;
      (3)   Appropriate controls and measures are identified in the SWP3, if applicable, covering the discharges from the support activity; and
      (4)   The support activity is on or contiguous with the property defined in the application and the SWP3, if applicable.
   (c)   Limitations on Coverage. The following storm water discharges associated with construction activity are not covered by the permit:
      (1)   Storm water discharges that originate from the site after earth-disturbing activities have been completed, including any temporary support activity, and the site has achieved final stabilization;
      (2)   Storm water discharges associated with construction activity that the City Engineer has shown to be or may reasonably expect to be contributing to a violation of a water quality standard; and
      (3)   Spills and releases in excess of reportable quantities.
         A.   In the event of a spill or other unintended release, hazardous substances in the storm water discharge from a construction site must be minimized in accordance with the applicable SWP3 for the construction activity; and
         B.   In no case may the discharge(s) contain a hazardous substance equal to or in excess of reportable quantities.
   (d)   The permittee shall inform all contractors and subcontractors who will be involved in the implementation of any or all parts of the permit of the terms and conditions of the permit and the associated SWP3.
      (1)   The permittee shall maintain a written document containing the signatures of all the contractors and subcontractors as proof acknowledging that they reviewed and understand the conditions and responsibilities of the permit and, if applicable, the associated SWP3.
      (2)   The written document shall be created and signatures shall be obtained prior to commencement of earth-disturbing activity on the construction site.
   (e)   It is the duty of the permittee to notify the City Engineer forty-eight hours prior to commencement of earth-disturbing activities and upon project completion for all development with an approved permit.
(Ord. 2008-18. Passed 2-19-08.)
960.21 STORM WATER PERMIT TRANSFER.
   (a)   The City Engineer shall be notified in writing prior to any proposed transfer of coverage a minimum of thirty days prior to the date of transfer. The notice shall be signed by the permit holder and by the person or party to whom the permit is to be transferred.
   (b)   New permit holders are subject to the requirements of the original permit. Variation from the original permit requires submittal and approval of a permit modification and appropriate modification fees.
(Ord. 2008-18. Passed 2-19-08.)
960.22 STORM WATER PERMIT MODIFICATION.
   (a)   The permittee shall notify the City Engineer in writing whenever there is a change in design, construction, operation or maintenance of an earth-disturbing activity. The permittee shall include a copy of the modified plans and/or specifications.
   (b)   The permittee will be notified in writing by the City Engineer upon completion of the modification review. The permittee shall not implement any modifications until approval is granted.
(Ord. 2008-18. Passed 2-19-08.)
960.23 STORM WATER PERMIT TERMINATION.
   (a)   Written notification requesting permit termination shall be submitted to the City Engineer upon final stabilization of the site. Notifications shall be accompanied by a copy of the legally binding inspection and maintenance agreement for permanent storm water management facilities, including deed and final plat requirements and as-built data, in accordance with the provisions of this chapter.
   (b)   The permit terminates upon acceptance, in writing, of the permit termination request, by the City Engineer.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
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