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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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960.23 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.)
960.24 STORM WATER POLLUTION PREVENTION PLAN (SWP3).
   (a)   SWP3 plans shall be prepared in accordance with sound engineering and/or conservation practices and stamped by an Engineer. The following shall be included as part of the SWP3:
      (1)   A signed statement noting that the permittee will inspect and approve the control measures completed in accordance with the SWP3.
      (2)   A signed statement by the permittee that any clearing, grading, construction, or development, or all of these, will be done pursuant to the SWP3.
      (3)   Permanent easements, in accordance with the provisions of this chapter.
      (4)   Procedures in the SWP3 shall provide that all controls on the site are inspected at least once every seven calendar days and within twenty-four hours after any storm event greater than one-half inch of rain per twenty-four hour period.
      (5)   Acceptable control practices for storm water management.
         A.   Control practices for construction and post-construction storm water management, including erosion and sediment controls, shall meet or exceed the minimum current standards established by the Ohio EPA.
         B.   Where the City Engineer deems appropriate, more stringent control measures may be requested.
         C.   Where runoff from a new development or redevelopment area is planned to discharge into an existing storm water drainage system, an analysis shall be prepared to verify that the existing storm water drainage system has the capacity to accommodate the additional peak flow runoff rates.
   (b)   The City Engineer, or authorized representative, may require any additional information or data.
   (c)   All SWP3s shall be maintained at the permitted site until permit termination, in accordance with the provisions of this chapter.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.25 CONTROL PRACTICE MAINTENANCE.
   (a)   The permittee shall at all times properly operate and maintain all facilities and systems of storm water management and related appurtenances which are installed or used by the permittee to achieve compliance with the conditions of the permit and this chapter.
   (b)   Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed by a permittee when necessary to achieve compliance with the conditions of the permit and this chapter.
   (c)   All temporary and permanent control practices shall be maintained to meet the design standards and repaired as needed to ensure continued performance of their intended function.
   (d)   The applicant shall provide a description of inspection and maintenance procedures needed to ensure the continued performance of temporary and permanent storm water control practices as part of the SWP3.
(Ord. 2008-18. Passed 2-19-08; Ord. 2012-105. Passed 9-4-12.)
960.26 SELF-INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
   (a)   Inspections of all control measures shall be in accordance with the approved SWP3.
   (b)   The permittee shall assign qualified inspection personnel to conduct inspections.
   (c)   The purpose of such inspections will be to ensure that the control practices are functional, evaluate whether the SWP3 is adequate and properly implemented in accordance with the schedule proposed, determine the overall effectiveness of the plan and determine the need for additional control measures.
      (1)   Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the storm water drainage system.
      (2)   Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
      (3)   Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
   (d)   All inspections shall be documented in written form and submitted to the City Engineer at the time interval specified in the approved permit. Submissions shall include the following information:
      (1)   Names and qualifications of personnel making the inspection;
      (2)   The date and location of the inspection;
      (3)   Whether construction is in compliance with the approved storm water management plan;
      (4)   Variations from the approved construction specifications;
      (5)   Any violations that exist; and
      (6)   Steps taken to correct such violations and the date these corrective actions were taken.
   (e)   The permittee shall maintain for three years following permit termination approval, a record summarizing the results of the inspections.
(Ord. 2008-18. Passed 2-19-08.)
960.27 CITY INSPECTION OF CONTROL PRACTICES DURING CONSTRUCTION.
   (a)   The City Engineer, or authorized representative, may enter permitted sites at reasonable times as deemed necessary to make regular on-site inspections to ensure the validity of self-inspection reports. Such inspections may take place before, during and after any earth change activity for which a permit has been issued.
   (b)   If the inspection reveals that a control practice is in need of repair or maintenance, it must be repaired or maintained by the date specified by the City Engineer.
   (c)   If the inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the SWP3 must be modified in accordance with the provisions of this chapter and the new control practice must be installed by the date specified by the City Engineer.
   (d)   If the inspection reveals that a control practice has not been implemented in accordance with the schedule contained in the SWP3, the control practice must be implemented by the date specified by the City Engineer. If the inspection reveals that the planned control practice is not needed, the permittee must submit to the City Engineer a statement of explanation as to why the control practice is not needed within ten days from the date of the inspection.
(Ord. 2008-18. Passed 2-19-08.)
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