(a) Title. These regulations shall be cited as the Village of Lexington Stormwater Management and Sediment Control (SWM/SC) Regulations, and are also referred to herein as “these regulations.”
(b) Authorization. These regulations are promulgated pursuant to Article XVIII, Section 3 of the Ohio Constitution.
(c) Administration. The Village, by agreement, has designated the Richland County Soil and Water Conservation District as the Stormwater Manager to administer Sections 943.03 to 943.06 of these regulations. The Stormwater Manager shall have the authority to determine compliance with these regulations, issue or deny permits, approve or disapprove plans, and issue notices and stop orders authorized by these articles of the regulations. The agencies and offices designated in Section 943.07 of these regulations shall implement that section.
(d) Engineering Assistance. The Village will appoint a Registered Professional Engineer licensed in the State of Ohio to act as the Stormwater Engineer for Sections 943.03 to 943.06 of these regulations. The Stormwater Engineer shall review and recommend the approval, amendment, or disapproval of SWM/SC Plans, inspect construction sites that require a professionally engineered plan to evaluate compliance with SWM/SC Plans and these regulations, provide the Stormwater Manager with engineering assistance where beneficial, and perform all other activities required of the Stormwater Engineer by these Regulations.
(e) Purpose.
(1) These regulations establish feasible and economically reasonable standards to prevent drainage problems from the construction of buildings and structures and to abate soil erosion and degradation of water resources from soil sediment in conjunction with land grading, excavating, filling, or other earth-disturbing activities.
(2) Some of the objectives of these regulations include:
A. Permitting development while keeping downstream flooding, erosion and sedimentation at existing levels.
B. Preventing damage to receiving water resources and drainage systems that may be caused by increases in the quantity and/or rate of water discharged and impairment of their capacity that may be caused by sedimentation.
C. Maintaining or designing stormwater drainage systems that shall prevent damage to both upgradient and downgradient properties and assure the long-term adequacy of the stormwater drainage systems.
(f) Scope.
A. Farming and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands, except that this exemption does not include earth-disturbing activities:
1. At silvicultural point sources as defined in 40 CFR §122.27, and
2. In the urbanized areas of the Village of Lexington, for the construction of farm buildings and structures and any other farming activity subject to the NPDES program for stormwater discharges into municipal separate storm sewer systems;
B. Strip mining operations as defined in Ohio R.C. 1513.01;
C. Surface mining operations as defined in Ohio R.C. 1514.01;
D. Public highways, transportation and drainage improvements or maintenance thereof undertaken by a government agency or political subdivision, provided that its standard sediment control policies have been approved by the Village or by the Chief of the Division of Soil and Water Conservation and that the applicable sediment control policies are no less restrictive than these regulations; and
E. Refuse disposal sites controlled by other regulations.
(g) Disclaimer of Liability. Neither the approval of a plan under these regulations nor compliance with these regulations shall relieve any person or other entity from responsibility for damage to any person or property otherwise imposed by law, nor shall it create a duty by or cause of action against the Village, the Stormwater Manager, or the Stormwater Engineer to those damaged by the developments subject to these regulations. Furthermore, where it is noted that an Owner/Operator’s activities may be subject to permitting and regulatory requirements of programs other than those required by these regulations, this information is provided for the Owner/Operator’s convenience and may not constitute a complete list of all other applicable requirements. These regulations shall not relieve an Owner/Operator of the responsibility to determine the applicability of any other legal requirements.
(h) Severability. If a court of competent jurisdiction declares any clause, section or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(i) Nuisance Abatement and Other Actions. These regulations shall not be construed as authorizing any person to maintain a private or public nuisance, and compliance with the provisions of these regulations shall not be a defense in any action to abate such a nuisance. These regulations shall not impair, abridge, estop, or waive any claim or cause of action by the Village or any other person under regulation, statute, equity, or common law. Compliance with these regulations shall not be a defense to a claim or cause of action brought under any other authority, including regulation, statute, equity, or common law.
(j) Responsibility. The failure of the Village, Stormwater Manager, Stormwater Engineer, or any other official, employee, contractor, or agent to observe or recognize hazardous or unacceptable conditions or to recommend corrective measures shall not relieve an Owner/Operator from the responsibility for the condition or damage resulting therefrom and shall not result in the Village, the Stormwater Manager, the Stormwater Engineer, or the Village’s officers, employees or agents being responsible for any conditions or damage resulting therefrom.
(k) Effective Date. These regulations shall replace the existing regulations (Ordinance 02-48) on the 30th day after adoption by Village Council.
(Ord. 07-40. Passed 7-16-07.)