(a) Objectives. This chapter shall apply to earth-disturbing and land-disturbing activities, as defined in Section 1399.01, on areas designated below which are within the jurisdiction of the City of Groveport, unless otherwise excluded within this regulation or unless expressly excluded by State law, including:
Land used or being developed for commercial, industrial, residential, recreational, public service or other non-farm purposes.
(b) Disclaimer of Liability. Neither submission of a plan under provisions of this chapter, nor compliance with provisions of this chapter shall relieve any person from responsibility for damage to any person or property otherwise imposed by law, nor impose any liability upon the City of Groveport for damage to any person or property.
(c) Severability. If any clause, section, or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(d) Requirements. [Chapter applicability] No person shall cause or allow earth- and/or land-disturbing activities on a development area except in compliance with the standards set out in this chapter and the applicable items below:
(1) An erosion and sediment control plan shall be submitted and approved prior to any land-disturbing activities on development areas involving earth disturbance of one (1) or more acres, including those development areas being a part of a larger common plan of development or sale. The person proposing such land-disturbing activities shall develop and submit for approval a plan containing erosion and sediment pollution control practices so that compliance with other provisions of this regulation will be achieved during and after development. Such a plan shall address specific requirements established by the City of Groveport as set out in Sections 1399.04, 1399.05 and 1399.06.
The person proposing land-disturbing activities shall submit the plan, and supporting information, as outlined in Section 1399.06, to the following office:
Administrator
City of Groveport
655 Blacklick Street
Groveport, Ohio 43125
(2) For proposed development areas involving land-disturbance of less than one (1) acre that is not a part of a larger common plan of development of sale, it is not necessary to submit an erosion and sediment control plan; however the person proposing such land-disturbing activities must comply with all other provisions of this regulation. All land-disturbing activities shall be subject to inspection and site investigation by the City of Groveport to determine compliance with the standards and regulations.
(3) Any person seeking approval of an Erosion and Sediment Control Plan shall submit to the City of Groveport Administrator a copy of the "Notice of Intent" that seeks coverage under the most current effective version of the Ohio EPA Construction General Permit that has been or will be filed with the Ohio Environmental Protection Agency.
(e) Exemptions. Development activities that are exempt from this chapter include the following:
(1) An erosion and sediment control plan shall not be required for public road, highway, or other transportation, or drainage improvement, or maintenance thereof, undertaken by a government agency or entity if such agency or entity plans to follow a statement of erosion and sediment control policy which has been submitted by the sponsoring agency or entity and approved by the City of Groveport.
(2) Clearing and grading activities that disturbs less than 2000 square feet AND are situated no closer than 50-feet to a first order stream.
(3) Regular farming activities on land intended for such use, except when these activities involve practices which increase storm water runoff and exacerbate erosion and sedimentation.
(4) Emergency work to ensure health, safety and property and emergency repairs. However, if the land disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this regulation.
(f) Waivers.
(1) It is conceivable that development situations not automatically subject to exception may exist such that development will have none of the harmful effects of sediment deposition. Such development situations, subject to City concurrence, are eligible for a waiver from this regulation. Waiver requests shall be made in writing to Administrator and shall include sufficient detail to support that granting a waiver will not be detrimental to abutting properties or to watercourses, public waters, or to the sewer system.
(2) Issuance of a waiver shall apply only to the requirement of erosion and sediment control per this regulation, and shall not in any way imply a relaxation of any requirements outlined in the City's Storm Water Management Policy including, but not limited to provisions for adequate on-site drainage, and the ability to accept runoff from land tributary to the development.
(3) At the discretion of the Administrator, a waiver may be subject to specific conditions, including but not limited to:
A. Reasonable control of soil erosion and sediment.
B. The preparation of plans, maps and/or specified information.
C. Requirements that any additions, extensions, or modifications of a development for which a waiver has been granted, shall be required to provide erosion and sediment control for the entire site if preceding limitations are exceeded by subsequent additions, extensions, or modifications.
(4) At the discretion of the Administrator, a waiver may be granted if it is demonstrated the development is not likely to:
A. Have an adverse impact on a wetland, watercourse or water body;
B. Contribute to the degradation of water quality; or
C. Otherwise impair attainment of the objectives of this regulation.
(5) Examples of the types of development activities which may be considered for waivers include the following:
A. Single family residential development involving land-disturbance on an individual lot in a previously approved subdivision, which contains active and effective erosion and sediment control measures that, in the opinion of the City, are operating efficiently and are being properly maintained in good working condition. (Ord. 19-005. Passed 2-25-19.)