(a) The intent of this chapter is to protect the land and water resources of City of Fairborn 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 this regulation further intends 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) Any person or persons proposing to develop or redevelop land within the City of Fairborn for any of the uses listed in subsection (c) hereof shall design, develop, and submit a Site Development Plan as described in Section 921.04. Said 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 921.05 to minimize these impacts.
(c) This chapter shall apply to both the development and redevelopment of land proposed for the following:
(1) Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non agricultural uses in rural areas.
(2) Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
(3) Public infrastructure uses, including transportation and utilities.
(4) Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(d) This chapter does not apply to earth disturbing activities associated with agricultural activities.
 Agricultural producers are subject to a variety of federal, state and local regulations that deal with erosion control and water quality. Each regulation applies to certain circumstances, so all regulations do not apply to all producers at the same time. Local Soil and Water Conservation Districts, USDA Natural Resources Conservation Service, Ohio Environmental Protection Agency, the Ohio Department of Agriculture, and the Army Corps of Engineers provide technical assistance and/or regulatory enforcement as authorized. |
(e) No earth disturbing activity subject to regulation under this chapter shall be undertaken for any land proposed for development or redevelopment for uses specified under subsection (c) hereof without an approved Site Development Plan as required under Section 921.04, and, if appropriate, a Stormwater Management Plan (SMP) as required under Section 921.05.
(f) Final approval of a proposed development or redevelopment shall not be given unless:
(1) A determination is made by the authorized agent(s) based on submission of a Site Development Plan as detailed in Section 921.04 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, or
(2) A SMP as detailed in Section 921.05 has been approved by the Planning Commission of the City of Fairborn based on the recommendation of its City Engineer (authorized agent) that determines 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.
(g) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare a SMP as described in Section 921.05.
(1) 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.
| Ohio EPA’s Phase II NPDES Small MS4 General Permit (#OHQ000001) and NPDES Construction Activity General Permit (#OHC000002) require the implementation of water quality-focused erosion and sediment control and post construction stormwater management on development sites disturbing one (1) or more total acres. Ohio EPA’s Construction Activity General Permit requires the development of Storm Water Pollution Prevention Plans (SWP3) for such sites. |
(2) Activities that require the extension of public utilities (roadways, water mains, sanitary sewer mains, storm sewers, etc.).
(3) Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement.
(4) Activities that will channelize, straighten, and/or modify a watercourse within the identified 100 year floodplain (studied and unstudied).
(h) 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 meet all of the following:
(1) Construction takes place on one parcel.
(2) The earth disturbing activity does not affect more than one acre of the development site at a time.
(3) Is not located within 500 feet of a sensitive natural area as described in subsection (c)(4) hereof.
(4) Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.
(5) One or both of the following:
A. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites set forth by the City of Fairborn and/or its authorized agent(s).
B. The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said Plan.
(I) Exemption under subsection (h) hereof does not exempt any person or persons from other provisions of this chapter or liability from their activities.
(Ord. 7-09. Passed 3-2-09.)