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To control pollution of public waters by soil sediment from accelerated sheet and rill erosion of development areas, the person responsible shall:
(a) Construct and maintain sediment basins sized in accordance with the Ohio Department of Natural Resources handbook, "Rainfall and Land Development"; or
(b) Use other Best Management Practices designed in accordance with the Ohio Department of Natural Resources handbook "Rainfall and Land Development" to control sediment pollution, provided those methods are acceptable to the City.
(c) Stabilize disturbed areas in accordance with the Ohio Environmental Protection Agency General Construction Permit.
(Ord. 4-14. Passed 4-14-14.)
To control pollution of public waters by soil sediment from accelerated erosion in drainageways, grassed waterways, streams and ditches disturbed or modified in conjunction with the development process, the person responsible for the change shall:
(a) Design, construct and maintain sediment basins sized in accordance with the Ohio Department of Natural Resources handbook, "Rainwater and Land Development"; or,
(b) Use other Best Management Practices designed in accordance with the Ohio Department of Natural Resources handbook "Rainfall and Land Development" to control sediment pollution provided those methods are acceptable to the City.
(c) Stabilize disturbed areas in accordance with the Ohio Environmental Protection Agency General Construction Permit.
(Ord. 4-14. Passed 4-14-14.)
To control sediment pollution of public waters caused by sloughing, landsliding or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide or erode into public waters by natural forces, no person shall:
(a) Dump or place earth material into public waters or into such proximity that it may readily slough, slide or erode into public waters unless such dumping or placing is authorized by the City for such purposes as constructing bridges, culverts, erosion control structures and other in-stream or channel bank improvement works; or,
(b) Grade excavate, fill or impose a load upon any soil or slope known to be prone to slipping or landsliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate or adequately address the problems. Grading, excavating, filling or construction shall commence only after the City has reviewed and approved the exploratory work and recommendations and only in accordance with the approved recommendations.
(c) Fail to stabilize disturbed areas in accordance with the Ohio Environmental Protection Agency General Construction Permit.
(Ord. 4-14. Passed 4-14-14.)
(a) To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control floodplain erosion caused by accelerated stormwater runoff from the development areas, the increased peak rates and volumes of runoff shall be controlled such that the peak rate of runoff from the twenty four hour storm having a recurrence frequency of 100 years occurring on the development area does not exceed the peak rate of runoff from a two year frequency, twenty four hour storm occurring on the same area under predevelopment conditions.
(b) Methods for controlling increases in storm water runoff peaks and volumes may include but are not limited to:
(1) Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical, low density development areas, access roads, etc; discharging roof water to vegetated areas; or grass- and rock-lined drainage channels;
(2) Grading and construction of terraces and diversions to slow runoff and use of grade control structures to provide a level of control in flow paths and stream gradients;
(3) Inducted infiltration of increase storm water runoff into the soil where practical; for example, constructing special infiltration area where soils are suitable; retaining topsoil for all areas to be revegetated; or providing good infiltration areas with proper emergency overflow facilities. However, no concentrated infiltration technology, including infiltration basins or trenches, permeable pavement-infiltration, bioretention areas/cell and infiltration, and other methods where the stormwater infiltrates into the ground will be permitted within the Wellhead Protection Zone 1 or Wellhead Protection Zone 2 as defined by Section 1335.04; and,
(4) Provisions for detention and retention; for example, permanent ponds and lakes with stormwater basins provided with proper drainage, multiple use areas for stormwater detention and recreation, wildlife, transportation, fire protection, aesthetics or subsurface storage areas.
(c) Where required by the City Engineer, provide a 50 foot undisturbed natural buffer around surface waters of the state.
(d) Stabilize disturbed areas in accordance with the Ohio Environmental Protection Agency General Construction Permit.
(Ord. 4-14. Passed 4-14-14.)
In compliance with Section 919.06 a Stormwater Pollution Prevention Plan (SWP3) for the proposed development area, with maps drawn to scale of not less than one inch equals one hundred feet shall be submitted containing the following information:
(a) All items listed in Part III G of the Ohio Environmental Protection Agency General Construction Permit.
(b) Structural Post Construction Best Management Practices shall be limited to Dry Extended Detention Basin including underground detention tanks, Wet Extended Detention Basin and Bioretention Areas unless approved by the City Engineer.
(Ord. 4-14. Passed 4-14-14.)
The City Engineer may waive specific requirements for the plan detail if the area is covered by a previously approved plan or is incorporated into a development permit under Chapter 1331.
(Ord. 4-14. Passed 4-14-14.)
The City shall, in a reasonable time period, indicate its approval or disapproval to the person who filed the plan. Indication of disapproval shall include the plan deficiencies and the procedures for filing a revised plan. Pending preparation and approval of a revised plan, earth disturbing activities shall proceed only in accordance with conditions outlined by the City.
(Ord. 4-14. Passed 4-14-14.)
The City or its authorized representative may inspect development areas to determine compliance with these regulations and the approved Stormwater Pollution Prevention Plan (SWP3). If it is determined that a violation of these regulations exists, the responsible person shall be notified of the deficiencies or noncompliance. After a reasonable time for voluntary compliance, the inspector or inspecting agency shall report the deficiency or noncompliance to the City. The City, upon determining that a person is not complying with these regulations, may issue an order to comply. The order shall describe the problem and the work needed, and specify a date when the work shall be completed. The City maintains the right to issue a stop-work order for non- compliance with specified time schedule or upon City determination of a need to remedy of a serious problem.
(Ord. 4-14. Passed 4-14-14.)
(a) When a site is developed under single ownership, the costs of maintaining any soil sediment control facilities shall be the responsibility of the property owner.
(b) When the benefiting area will involve two or more property owners, the person(s) developing the site shall provide for the permanent maintenance of structures and other facilities designed to control erosion and manage stormwater through the formation of an owners association. The cost of maintenance of all storm water facilities shall be the responsibility of the association.
(Ord. 4-14. Passed 4-14-14.)
(a) Right to Appeal. Any person affected by a decision of the Service Safety Director or his authorized designee or a notice or order issued under this Chapter shall have the right to appeal to the Hearing Board established under Section 918.08, provided that a written application for appeal is filed within twenty days after the day the decision, notice or order was served.
(b) Limitation of Authority. An application for appeal shall be based on a claim that the true intent of the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not apply, or the requirements of this code are adequately satisfied by other means. (Ord. 4-14. Passed 4-14-14.)
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 30 days of the decision of the Board upholding the decision of the Service Safety Director or his authorized designee, then the Service Safety Director or his authorized designee shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 4-14. Passed 4-14-14.)
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