(a) Performance Liability. No provision of this chapter shall limit, increase, or otherwise affect the liabilities of the site owner and/or applicant nor impose any liability upon the municipality not otherwise imposed by law.
(b) No Release from Other Requirements. No condition of this permit shall release the site owner and/or applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirements shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of site development plans or storm water management plans have been granted to the site owner and/or applicant.
(d) Performance Responsibility. The site owner and/or applicant is responsible for carrying out all provisions of the approved site development plan or SWM plan and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites shall be inspected by the site owner and/or applicant under the direction of a licensed professional engineer to ensure compliance with the approved site development plan or SWM plan. All sites are also subject to inspections by the municipality's authorized agent(s) under the direction of a licensed professional engineer to ensure compliance with the approved site development plan or SWM plan.
(2) The status report prepared by the site owner and/or applicant shall be distributed to the municipality, the contractor if applicable, and the professional engineer of record.
(3) If it is found that the operations are being conducted in violation of the approved site development plan and SWM plan, a stop-work order may be issued by the municipality until the identified violations cease and are corrected.
(4) After the issuance of a stop work order provided for in division (e)(3) above, but before the imposition of any fines, the site owner and/or applicant shall have the opportunity to request a meeting with the Law Director and the municipality to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the municipality shall determine if and when the development may proceed. Any determination by the municipality pursuant to this section is a final order for purpose of judicial review.
(f) Violations.
(1) The municipality shall notify the storm water site owner and/or applicant of any violations observed in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.
(2) The site owner and/or applicant shall comply with the timeline for correction in the table listed below. Timeline extension for adverse weather conditions may be granted upon approval of the municipality.
(3) Violations.
Timeline for Corrective Action | |
Nature of Violation | Number of Days from Inspection to Correct Functioning of Control Practice |
Timeline for Corrective Action | |
Nature of Violation | Number of Days from Inspection to Correct Functioning of Control Practice |
Silt fence | Within 3 days |
Outlet control structure | Within 3 days |
Temporary or permanent stabilization within 50' of drainage channels | Within 3 days |
Stabilized construction entrance | Within 3 days |
Pumping sediment-laden discharge into drainage channel | Immediately upon notice |
Sediment settling pond | Within 10 days |
Any other control practice not addressed in this table | Within 3 days |
(g) 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 municipality shall apply. Applicable penalties as described in division (o) of this section.
(2) When determined necessary by the municipality, the authorized agent(s) on behalf of the municipality 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 site owner/applicant.
(3) The authorized agent(s) may request the legal representative of the municipality 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 division (o)(3) of this section or any other relief the court determines.
(h) Internal Inspections.
(1) All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any rainfall greater than one-half inch of rain per 24-hour period. The site owner and/or applicant shall assign a qualified professional engineer experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SWM plan and this regulation are being met, and whether additional control measures are required.
(2) The site owner and/or applicant shall maintain the records for three years following the final stabilization of the site. The records shall include:
A. Name of site.
B. Names(s) and qualifications of personnel making the inspections.
C. The date(s) of inspections.
D. Weather conditions.
E. Major observations relating to the implementation of the SWM plan and a certification as to whether the site is in compliance with the SWM plan, SWP3, and NPDES permit, if applicable.
F. This record shall also identify any incidents of noncompliance, actions taken to correct any problems and the date(s) corrective action(s) was taken.
G. A copy of annual updates to this record shall be provided to the municipality by March 1st of each year.
(3) A copy of all inspection log sheets must be submitted to the municipality within five working days of the date that the inspection was conducted.
(i) Ownership and Maintenance of Storm Water Facilities.
(1) In the case of proposed subdivisions and other private developments, inspection and maintenance agreements shall be approved before the municipality accepts the final plat of the proposed subdivision, or issues final construction plan approval for other private developments. Said agreement shall be incorporated into the site owner and/or applicant's developer agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water 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. For subdivisions, unless otherwise approved by the municipality, this responsible party(ies) shall be an entity of common ownership (e.g., land/homeowner's association) within the proposed subdivision.
B. Prohibit unauthorized alterations of all storm water management facilities. All revisions shall be approved by the municipality.
C. Provide adequate access to all storm water management facilities for inspection by the municipality's authorized agent(s) and corrective actions by the site owner and/or applicant when determined necessary by the municipality.
(3) As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the municipality, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(4) The municipality may require the site owner and/or applicant to follow the maintenance procedure outlined in R.C. § 6131.63. The municipality's authorized agent(s) may require of the site owner and/or applicant any one or more of the following items of the maintenance agreement.
A. Benefit two or more property owners.
B. Are designed for cost-effective maintenance.
C. Are determined by the municipality or its 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.
(5) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the municipality prior to approval of the final plat and shall be recorded with said plat, or shall be approved prior to approval of final construction plans.
B. Unless otherwise required by the municipality, drainage easements shall be no less than 20 feet wide.
C. Unless otherwise required and approved by the municipality, storm water management facilities, including but not limited to basin, ponds, or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (i.e., 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 municipality.
(j) Schedule of Fees. The municipality 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 municipal offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
Fees for Full Erosion & Sediment Control Plans |
Fees for Full Erosion & Sediment Control Plans | ||
Subdivisions, Commercial, Industrial, Residential Subdivisions * | 10 acres or less | $490.00 |
More than 10 to and including 20 acres | $815.00 | |
More than 20 to and including 50 acres | $1,140.00 | |
More than 50 acres | $1,625.00 | |
Non-Residential Individual Development Site | Individual development 1 acre to and including 5 acres | $400.00 |
More than 5 acres | $750.00 | |
Multi-Family Development Site (Apartments, Condos, Townhouses) | 10 acres or less | $490.00 |
More than 10 to and including 20 acres | $815.00 | |
More than 20 to and including 50 acres | $1,140.00 | |
More than 50 acres | $1,625.00 | |
A Non-Residential lot within a Common Plan of Development | Any lot 1 acre or greater within a Common Plan of Development | $240.00 |
Multi-Family Development within a Common Plan of Development | Any lot 1 acre or greater within a Common Plan of Development | $240.00 |
General Non-Residential/ Grading for Recreational | Any project 1 acre or greater | $240.00 |
*Fees will be assessed with each phase of development. | ||
Fees for Abbreviated Erosion & Sediment Control Plans | ||
Single Lot ESC Evaluation | Lots 10 acres or less | $25.00 |
All New, Single-Family Residential Projects | Any project 1 acre or greater or part of a Common Plan of Development | $65.00 |
Any Residential Clearing | Any project 1 acre or greater | $65.00 |
Variance Fee | $125.00 | |
Post Construction Fee Schedule |
Post Construction Fee Schedule | ||
Single Lot Residential | Single Project | $65.00 |
Residential Development Property Under Construction | For first 5 acres | $65.00 |
For additional 20 acres or any part thereof | $220.00 | |
For the next 25 acres | $190.00 | |
For all acreage over 50 acres | $125.00 | |
Non-Residential Property Under Construction | For first 5 acres | $315.00 |
For all acreage over 5 acres (per acre) | $65.00 | |
SITE INSPECTIONS | ||
Site Inspections for Both Residential and Non-Residential | Sites 1 - 5 acres | $315.00 |
Sites 6 - 10 acres | $500.00 | |
Sites 11 - 20 acres | $875.00 | |
Sites 21 - 50 acres | $1,125.00 | |
Site larger than 50 acres | $1,500.00 | |
Non-Compliant Sites | Additional inspection fee per hour for each inspection required until the site meets compliance | $65.00 |
(k) Complaints. The municipality's authorized agent(s) shall investigate any complaint related to earth-disturbing activities covered by this chapter.
(l) Variances.
(1) The municipality, with or without the approval of Planning Commission, may grant a variance to these regulations where the owner or his or her appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, based upon the following:
A. That exceptional topographic or other physical conditions exist that are peculiar to the particular parcel of land.
B. That the literal interpretation of these regulations would deprive the owner of rights enjoyed by other property owners.
(2) Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of these regulations.
(3) The request for variance shall be submitted to the Chief Building Official or Village Administrator and shall state the specific variances sought and include sufficient information to justify the granting of a variance.
(m) Appeals. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the municipality or its representatives in relation to this regulation may appeal to the Court of Common Pleas. Such appeal shall be made within 30 days of the date of an order or decision and shall specify the grounds for appeal. Such appeal shall be made in conformance with R.C. § 713.11. Written notice of appeal shall be served on the municipality.
(n) 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. Violations of these regulations which will result in enforcement actions, include but are not limited to:
(1) Failure to install control practices specified in the state and federal permits, or as approved by the municipality.
(2) Improper installation of control practices according to Rainwater and Land Development, current edition, and/or as recommended by the manufacturer.
(3) Inadequate design and/or unacceptable performance of the control practices as judged by the municipality.
(4) Failure to properly maintain control practices put in place as determined by the municipality.
(5) Failure to remove control practices after the site has reached final stabilization.
(o) Penalties.
(1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons violating any of the provisions herein shall upon conviction be fined up to one hundred dollars ($100.00) per day the violation exists and, in addition, shall pay all costs and expenses involved in the case.
(2) Upon notice from the municipality 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 site owner and/or 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 municipality'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 municipality, by or through its Law Director 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).
(Ord. 13-030. Passed 10-15-13; Ord. 21-021. Passed 11-16-21.)