(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon City of Fairborn not otherwise imposed by law.
(b) No Release From Other Requirements. 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.
 Other permit requirements commonly associated with construction activities include, but are not limited to, section 401 water quality certifications, isolated wetland permits, permits to install sanitary sewers or other devices that discharge or convey polluted water, permits to install drinking water lines, wells or well abandonment, and single lot sanitary system permits. |
(c) 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.
(d) 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.
(e) Enforcement.
(1) All development sites are subject to inspections by the City of Fairborn authorized agent(s) to ensure compliance with the approved Site Development Plan or SMP.
(2) After each inspection, a status report shall be prepared and distributed to the appropriate person(s).
(3) 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.
(4) After the issuance of a stop-work order provided for in subsection (e)(3) above, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the City of Fairborn Engineer to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the City of Fairborn Engineer.
(5) Following the issuance of a stop-work order, the City of Fairborn authorized agent(s) shall determine if and when the development may proceed. Any determination by the authorized agent(s) pursuant to this section is a final order for purposes of judicial review.
(f) Penalties Subsequent To Issuance Of Stop-Work Order. Subsequent to the issuance of a stop work order, one or more of the following penalties may be imposed.
(1) If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the Subdivision Regulations of the City of Fairborn shall apply.
(2) The authorized agent(s) on behalf of the City of Fairborn may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the legal representative of the City of Fairborn to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. 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 subsection (l)(1) hereof or any other relief the court determines.
(g) Internal Inspections.
(1) All controls on the site 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. The site owner and/or applicant shall assign certified 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.
(2) 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 is in compliance with the SMP and identify any incidents of non-compliance.
(h) Ownership and Maintenance of Stormwater Facilities.
(1) In cases where stormwater control facilities are proposed on single private properties, the City of Fairborn authorized agent(s) shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City of Fairborn accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) 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.
1. For subdivisions, unless otherwise approved by the City of Fairborn, responsible party(ies) this 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.
B. Prohibit unauthorized alterations of all stormwater management facilities.
C. Provide adequate access to all stormwater management facilities for inspection by the City of Fairborn authorized agent(s) and corrective actions by the owner.
(4) All stormwater management facility easements shall be on the final plat, prior to approval by the City of Fairborn, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit four (4) sets of as-builts of all stormwater facilities and improvements to the City of Fairborn.
(6) The City of Fairborn Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outlined in Chapter 6131.63 of the Ohio Revised Code. The City of Fairborn authorized agent(s) may require of the owner and/or applicant any one or all of the following prerequisites:
A. Benefit two or more property owners.
B. Are designed for cost effective maintenance.
C. Are determined by the City of Fairborn Planning Commission or authorized agent(s) to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the authorized agent(s) prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the authorized agent(s), 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 authorized agent(s), stormwater management facilities, including basins, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (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 Fairborn 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.”
(i) Schedule Of Fees. The City of Fairborn shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable City of Fairborn offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(j) Complaints. The City of Fairborn authorized agent(s) shall investigate any complaint related to earth disturbing activities covered by this chapter.
(k) Violations. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, 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 chapter or in violation of any approval permit granted under this chapter.
(l) Penalties.
(1) Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Any person or persons violating any of the provisions herein shall upon conviction be fined not less than twenty five dollars ($25.00) nor more than one hundred dollars or imprisoned for not more than thirty (30) days, or both and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Upon notice from the City of Fairborn and/or its authorized agent(s), that work is being done contrary to this chapter , such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, 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 of Fairborn’s authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City of Fairborn, by or through its City Solicitor and/or any of its assistants, 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 regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(m) Effective Date And Validity. This chapter shall become effective within City of Fairborn on and after April 2, 2009. If any section, subsection, paragraph, clause, phrase, or provision of this chapter is adjudged invalid or held unconstitutional, such a decision shall not affect or void any of the remaining portions.
(Ord. 7-09. Passed 3-2-09.)