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943.05 STANDARDS FOR POST-CONSTRUCTION FACILITIES.
Post-Construction Standards
   (a)   Where permanent stormwater control facilities, such as retention basins, and/or other permanent BMPs are necessary to minimize the discharge of sediment into water resources and to minimize erosion of the water resources, the Owners/Operators shall include post- construction BMPs in their permit applications in compliance with the following requirements:
      (1)   Descriptions of BMPs which are appropriate for each construction operation and the rationale for their selection. The rationale must address the anticipated impacts on the channel and floodplain morphology, hydrology, and water quality;
      (2)   BMPs shall meet the standards and specifications in the current edition of the Ohio Rainwater and Land Development manual;
      (3)   BMPs shall preserve the existing natural conditions to the maximum extent practicable;
      (4)   Structural measures shall be placed on upland soils to the degree attainable; and
      (5)   BMPs may include the following structural and/or non-structural measures:
         A.   Permanent stormwater detention ponds that provide extended detention of the water volume;
         B.   Flow attenuation by use of open vegetated swales and natural depressions;
         C.   Onsite infiltration of runoff;
         D.   Sequential systems that combine several practices;
         E.   Permanent conservation easements, preferably with the easement being held by a third party with no vested interest in ever seeing the property developed;
         F.   Re-creating floodplains;
         G.   Allowing roof water from buildings to run across lawn areas to remove pollutants;
         H.   Onsite sewage disposals system replacement or conversion to sanitary sewers;
         I.   Low Impact Development Design; and/or
         J.   Aquatic benches in retention basins and ponds.
   (b)   Plans for Development Sites Smaller than Five Acres: This subsection applies to any projects for which subsection (e) hereof requires SWM/SC plans and for which post- construction BMPs are required, except for projects with earth-disturbing activities on five or more acres of land and except for projects that are part of a larger common plan of development or sale that will have earth-disturbing activities on five or more acres of land. The plan for any project subject to this subsection shall contain the following information:
      (1)   Stormwater Issues: A statement as to how the decreased stormwater quality that will be caused by the planned development project will be handled;
      (2)   Description of Measures: A description of the BMPs that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed;
      (3)   Map: A map of the entire site showing the overall development;
      (4)   Riparian and/or Wetland Setback: All riparian and wetland setback areas shall be identified on the plan. They shall also be marked in the field prior to the start of construction; and
      (5)   Technical Basis: The plan shall describe the rationale for selecting the BMPs used to control pollution and to maintain and protect water quality.
   (c)   Development Sites Five Acres or Larger: The SWM/SC plan for any development site required to adopt post-construction BMPs that will have earth-disturbing activities on five or more acres of land, or that will have such activities on less than five acres but is a part of a larger common plan of development or sale that will have such activities on five or more acres of land, shall contain the following information:
      (1)   Stormwater Detention: The post-construction BMP(s) chosen must be able to detain stormwater runoff for protection of the stream channels, stream erosion control, and improved water quality;
      (2)   Structural BMPs: Structural (designed) post-construction stormwater treatment practices shall be incorporated into the permanent drainage system for the site. Non-structural BMPs may also be used where appropriate;
      (3)   Properly Sized BMPs: The BMP(s) chosen must be sized to treat the water volume (WQv) and ensure compliance with Ohio’s Water Quality Standards in OAC Chapter 3745-1. The WQv shall be equivalent to the volume of runoff from a 0.75-inch rainfall and shall be determined according to one of the two following methods:
         A.   Through a site hydrologic study approved by the local municipal permitting authority that uses continuous hydrologic simulation and local long-term hourly precipitation records; or
         B.   Using the following equation:
WQv = C * P * A / 12 where: WQv = water quality volume in acre-feet C = runoff coefficient appropriate for storms less than 1 inch (see Table 1) P = 0.75 inch precipitation depth A = area draining into the BMP in acres.
Table 1: Runoff Coefficients Based on the Type of Land Use
 
Land Use
Runoff Coefficient
Industrial & Commercial
0.8
High Density Residential (>8 dwellings/acre)
0.5
Medium Density Residential (4 to 8 dwellings/acre)
0.4
Low Density Residential (<4 dwellings/acre)
0.3
Open Space and Recreational Areas
0.2
      (4)   Where land use will be mixed, the runoff coefficient shall be calculated using a weighted average. For example, if 60% of the contributing drainage area to the stormwater treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3) + (0.3)(0.5) + (0.1)(0.2) = 0.35;
      (5)   An additional volume equal to 20 percent of the WQv shall be incorporated into the BMP for sediment storage and/or reduced infiltration capacity. The BMPs shall be designed according to the methodology included in the Ohio Rainwater and Land Development manual, or the ODOT Post-Construction stormwater standards;
      (6)   BMPs shall be designed such that the drain time is long enough to provide treatment, but short enough to provide storage available for successive rainfall events as described in Table 2 below:
Table 2: Target Draw Down (Drain) Times for Structural Post-Construction Treatment Control Practices
 
Best Management Practices
Drain Time of WQv
Infiltration
24 - 48 hours
Vegetated Swale and Filter Strip
24 hours
Extended Detention Basin (Dry Basins)
48 hours
Retention Basins (Wet Basins)*
24 hours
Constructed Wetlands (above Permanent Pools)
24 hours
Media Filtration, Bioretention
40 hours
*Provide both a permanent pool and an extended detention volume above the permanent pool, each sized at 0.75 * WQv.
      (7)   The Owner/Operator may request approval from the Stormwater Manager to use alternative structural post-construction BMPs if the Owner/Operator can demonstrate that the alternative BMPs are equivalent in effectiveness to those listed in Table 2 above. The use of alternative or vendor supplied post-construction BMPs shall be limited to redevelopment projects where the Owner/Operator demonstrates that the traditional BMPs in Table 2 are technically and economically infeasible;
      (8)   A development is not required to install a structural BMP where the Owner/Operator demonstrates the WQv that would be provided by that BMP is instead being provided within an existing structural post- construction BMP as part of a larger common plan of development or sale or if the structural post-construction BMPs for this development are addressed in a regional or local stormwater management plan;
      (9)   For redevelopment projects (i.e., developments on previously developed property), post-construction practices shall ensure a 20 percent net reduction of the site’s impervious area, provide for treatment of at least 20 percent of the WQv, or achieve a combination of the two;
      (10)   Site description:
         A.   The prior land uses of the site;
         B.   The nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.);
         C.   Total area of the site and the total area of the site that is expected to be affected by earth-disturbing activities, as that term is defined in the definitions section of these regulations;
         D.   Amount of the impervious area and percent imperviousness created by the construction activity; and
         E.   Name and/or location of the immediate receiving stream or surface water(s), the first subsequent named receiving water, and the major river watersheds in which it is located;
      (11)   A vicinity sketch locating:
         A.   The development area;
         B.   The larger common plan of development or sale; and
         C.   All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
            1.   Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank);
            2.   Conservation easements; and
            3.   Other sensitive natural resources and areas receiving runoff from the development;
      (12)   The existing and proposed topography shown in the appropriate contour intervals;
      (13)   The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale;
      (14)   Existing and proposed watershed boundary lines, direction of flow, and watershed acreage; and
      (15)   The location of any existing or planned riparian and/or wetland setback areas on the property.
         (Ord. 07-40. Passed 7-16-07.)
943.06 FEES, ENFORCEMENT AND APPEALS.
   (a)   Applicability. This section applies to developments regulated by Sections 943.03 to 943.05 of these regulations.
   (b)   Fees.
      (1)   The Fee Schedule for SWM/SC permit processing, plan review and field inspections is provided in a separate regulation. The current schedule adopted by the Village may also be requested from the Stormwater Manager.
      (2)   Plan review fees and inspection fees for subdivisions and planned unit developments are included in the fee schedule prescribed by the Village Subdivision Regulations.
   (c)   Inspections.
      (1)   The Stormwater Manager and the Stormwater Engineer are authorized to conduct inspections of the properties regulated under these regulations. Access shall be allowed at all times during regular working hours. If the site is to be secured during those times, then arrangements must be made at the time the permit is issued to allow inspectors to view the project.
      (2)   Inspections will be made during the construction process to ensure that the site and all components operate and are maintained. If the inspector finds a violation of the permit, the inspector may mail a letter to the Owners/Operators requesting repairs and specifying a time frame for making the repairs. The owner or operator shall notify the Stormwater Manager when repairs were made.
   (d)   Stop Work Orders.
      (1)   If the Village or the Stormwater Manager determines that a violation of these regulations exists, the Village or the Stormwater Manager may issue an immediate stop work order if the violator failed to obtain any federal, state or local permit, including an SWM/SC permit, necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity. In addition, if the Village or Stormwater Manager determines such a regulatory violation exists, regardless of whether or not the violator has obtained the proper permits, the Village or the Stormwater Manager may authorize the issuance of a notice of violation. If the violation continues for at least 30 days after the issuance of the notice of violation, the Village or the Stormwater Manager shall issue a second notice of violation. Except as provided in subsection (d)(4) hereof, if the violation continues for at least 15 days after the issuance of the second notice of violation, the Village or the Stormwater Manager may issue a stop work order after obtaining the written approval of the Village Law Director, if in the opinion of the Village Law Director the violation is egregious.
      (2)   Once a stop work order is issued, the Village or the Stormwater Manager shall request in writing that the Village Law Director seek an injunction or other appropriate relief in a court of appropriate jurisdiction to abate excessive erosion or sedimentation and secure compliance with these regulations.
      (3)   The stop work order shall inform the person to whom it is issued of that person’s right to appeal the order to the Court of Common Pleas of Richland County seeking equitable or other appropriate relief from that order. No work subject to the stop work order shall continue unless and until the Court of Common Pleas orders to the contrary or the stop work order is modified or revoked to allow resumption of the work.
      (4)   No stop work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the Village or the chief of the Division of Soil and Water Conservation in the Department of Natural Resources.
      (5)   No person shall violate any of these regulations, a permit issued pursuant to these regulations, or an order issued by the Village or the Stormwater Manager. Notwithstanding subsection (d)(1) hereof, if the Village determines that a violation of any of these regulations or an administrative order exists, the Village may request in writing that the Village Law Director seek an injunction or other appropriate relief in a court with appropriate jurisdiction to abate excessive erosion or sedimentation and secure compliance with the regulations or order.
   (e)   Corrective Actions. Any Owner/Operator allowing the discharge of sediment from its property shall correct the offending condition as soon as possible given existing weather conditions, as follows:
      (1)   In the case of damage to private property, the Owners/Operators shall make arrangements with any owner whose property has been damaged to correct the offending condition. Written confirmation, listing the corrective measures to be taken, must be provided to the Stormwater Manager.
      (2)   In the case of damage to public property, such as roads, ditches, utilities, or any other property owned by the State, County, Township, or Municipality, the Owners/Operators shall correct the offending condition to the full satisfaction of the public authority.
   (f)   Appeals. Any person who is aggrieved by the Stormwater Manager’s issuance, denial, amendment, or revocation of any SWM/SC permit may appeal to the Village’s duly appointed Appeals Board. The standard of proof at such hearing before the Appeals Board shall be preponderance of the evidence. The burden of proof shall be on the person appealing to the Appeals Board, except that the Stormwater Manager has the burden of proof when a permittee appeals a permit amendment initiated by the Stormwater Manager. If a simple majority of the participating members of the Appeals Board finds in favor of the person appealing, relief shall be granted to that person in the form of a written order by the Appeals Board.
(Ord. 07-40. Passed 7-16-07.)
943.07 DRAINAGE.
     (a)   Applicability.
      (1)   Section 943.07 protects surface and subsurface drainage from impairment by the construction of any single-family, two-family, and three-family dwelling and any other building or structure that has any of the following characteristics:
         A.   The development will involve at least 3,000 square feet of earth- disturbing activities;
         B.   The development will create at least 2,000 square feet of impervious surface;
         C.   The development will involve earth-disturbing activities within 100 feet of a stream, a wetland, or Special Flood Hazard Area. (see the Richland County Floodplain Regulations for additional requirements
         D.   The proposed development will significantly change the use (e.g., from residential to commercial) of a development previously subject to this section; or
         E.   The proposed development will modify a development previously approved under this section by changing the nature of the stormwater collection or discharge, or by modifying the retention/detention volume of the stormwater retention facilities.
      (2)   Notwithstanding the foregoing, this section does not apply to the following:
         A.   Buildings or structures that may not be regulated under the Ohio Building Code;
         B.   Dwellings or structures for agricultural purposes that are exempted under Ohio R.C. 3781.06 (but it does apply to dwellings or structures for agricultural purposes that may be regulated under Ohio R.C. 3781.06); or
         C.   The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any buildings or structures of any public utility or railroad, whether publicly or privately owned, or the use of land by any public utility or railroad for the operation of its business;
         D.   Any major subdivision that a platting authority has approved under Ohio R.C. 711.05, 711.09, or 711.10. However, this limitation shall not be construed to prohibit the platting authority from applying drainage requirements pursuant to its own regulations and procedures, nor shall it be construed to prohibit the application of any other drainage requirements applicable to major subdivisions. This section does apply to any minor subdivision approved under Ohio R.C. 711.131; or
         E.   Subsurface drainage from household sewage treatment systems as defined in Ohio R.C. 3709.091.
   (b)   Performance Standards.
      (1)   Both during and after construction, the Owners/Operators shall ensure that the development does not impair the surface or subsurface drainage of other persons’ properties.
      (2)   The Owners/Operators shall provide the development with a drainage system capable of handling stormwater and seepage flowing onto the development site from other areas as well as the water from the development site itself. The Owners/Operators may change the pre-existing surface or subsurface drainage on the Owners/Operators’ property, but only to the extent that these changes will not and do not result in the flooding or saturation of upgradient or downgradient properties or otherwise harm any person or any person’s property.
      (3)   Provided that the Owners/Operators comply with subsections (b)(1), (2) and (4) hereof, the Owners/Operators may install and maintain a covered storm sewer under or across private property along a natural drainage course to improve the property. Where otherwise required by law, this installation and maintenance shall conform with specifications and plans approved by the Village Engineer and Village regulations.
      (4)   Water collected from roofs, parking lots, driveways, foundation drains, and other impervious surfaces shall not be discharged, directly into public ditches or other public stormwater drainage facilities, but first must be discharged into private ditches or other permeable surface drainage facilities on the property on which collected. This will allow some water to infiltrate into the soil before reaching public drainage facilities, thus reducing the flow into them and preserving their capacity. However, minor subdivisions whose stormwater retention or detention systems have been approved under Ohio R.C. 711.131 may discharge water directly into public storm sewer facilities where connection thereto will not significantly disrupt public streets. Where otherwise required by law, the installation of storm sewer facilities in the public right-of-way shall conform to the approval of the Village Engineer and Village regulations.
   (c)   Application Procedures. The procedures of this subsection shall be followed for any development subject to Section 943.07.
      (1)   The applicant and a representative of the Richland County Department of Building Regulations shall attend a meeting at which the proposed development shall be examined for specific effects on drainage. The meeting shall be held within thirty days after an application for a building permit is filed or a review is requested unless the applicant agrees in writing to extend that time period or to postpone the meeting to another date, time, or place. The meeting shall be scheduled within five days after an application for a building permit is filed or a review is requested.
      (2)   Written notice of the date, time, and place of that meeting shall be sent by regular mail to the applicant. The written notice shall be mailed at least seven days before the scheduled meeting date.
      (3)   The Richland County Department of Building Regulations, in consultation with the Stormwater Manager, shall complete the review of the drainage effects of the proposed development not later than thirty days after the application for a building permit is filed or a review is requested, unless the applicant has agreed in writing to extend that time period or postpone the meeting to a later time, in which case the review shall be completed not later than two days after the date of the meeting. A complete review shall include the issuance of any order of the Richland County Department of Building Regulations regarding necessary reasonable drainage mitigation and necessary reasonable alterations to the proposed development to prevent or correct any adverse effects on existing surface or subsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to Ohio R.C. 3781.10. If the review is not completed within the thirty-day period or an extended or postponed period that the applicant has agreed to, the proposed development shall be deemed to have no adverse effects on existing surface or subsurface drainage, and those effects shall not be a valid basis for the denial of a building permit.
      (4)   A written statement shall be provided to the applicant at the meeting or in an order for alterations to a proposed new construction informing the applicant of the right to seek appellate review of the denial of a building permit by filing a petition in accordance with Ohio R.C. Chapter 2506.
   (d)   Enforcement.
      (1)   The Village, upon consulting with the Village Engineer, may enter into an agreement with the Village Engineer or any other qualified person or entity to carry out the necessary inspections and evaluate alterations necessary to prevent or correct any adverse effects that a proposed development may have on drainage.
      (2)   No Owner/Operator shall violate or fail to comply with any provision or requirement of any permit issued under these regulations.
      (3)   Any authority available to the County for addressing compliance with Building Code requirements, and other available authority, may be utilized to enforce the requirements of this section.
         (Ord. 07-40. Passed 7-16-07.)