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PART ONE: GENERAL REQUIREMENTS FOR PERMIT APPLICATIONS
(a) General Requirements Applicable to SWM/SC Permits and Plans.
(1) SWM/SC permit applications and engineered plans contain technical information and analysis to assist the Stormwater Manager in determining whether a proposed new development or redevelopment project meets the performance standards in these regulations. The permit applications and plans also provide the Owners/Operators with a description of sediment and drainage controls to implement during and after construction.
(3) This section describes the typical contents and general procedures for permit applications, plans, site meetings, and inspection procedures. The level of detail involved in the permit applications and/or plans shall depend on the project size and the individual site and development characteristics.
(4) The Owners/Operators shall follow these steps in the following order for obtaining an SWM/SC permit:
A. Complete a site drawing pursuant to subsection (c) below for the project site. Stormwater management requirements may be affected by the locations, construction details, and areal extent of structures and facilities required or authorized by a Village zoning permit, an Ohio EPA permit to install wastewater facilities, an Ohio EPA permit or Section 401 certification for wetlands, and/or Army Corps Section 404 permit for wetlands. These permits also affect the amount of acreage that will be disturbed by earth-disturbing activities, and this information may determine which provisions of these regulations apply. Therefore, the site drawing shall show the locations of any such structures or facilities. To avoid unnecessary and costly changes during the stormwater permit process, the applicant may initiate the stormwater permit process by submitting the pre-application site visit form and site drawing only after obtaining the necessary approvals for these structures and facilities from the applicable authorities. If located within a Special Flood Hazard Area, approval from the Village Floodplain Administrator may also be required.
B. Obtain an address from the local post office and then a parcel identification from the County Auditor’s Office for the project site.
C. Complete and submit a pre-application site visit form to the Stormwater Manager (this may be done online by visiting the SWCD web page at www.lexingtonohio.us). Submit it with the site drawing and a copy of any required Village zoning permit, Ohio EPA permit to install, Ohio EPA permit or Section 401 certification for wetland development, and/or Army Corps Section 404 permit for wetlands. At that time, also provide a copy of the site drawing approved pursuant to any required Village zoning permit. Contact the Stormwater Manager to schedule a date and time for the pre- application meeting. Hold the pre-application meeting at the project site. If a permit is required under the Building Code, the pre- application visit form shall be submitted, and the request for a meeting made, at the same time as the application for the building permit.
D. At least 30 days prior to initiating earth-disturbing activities, complete and submit to the Stormwater Manager the permit application, including a preliminary SWM/SC plan for any development subject to subsection (e) hereof. These submittals shall be made at least 15 days prior to the continuation of earth- disturbing activities that are in progress on the effective date of these regulations. At the time of application, also pay the applicable fee for permit processing and field inspections and, if applicable, plan review.
E. For any development subject to subsection (e), submit a final SWM/SC plan incorporating any changes to the preliminary SWM/SC plan required by the Stormwater Manager. The final SWM/SC plan shall be incorporated into and made part of the SWM/SC permit.
F. Permits shall not be issued pursuant to the Building Code until any required SWM/SC permit has been issued.
G. The Stormwater Manager will mail a confirmation letter to the applicant enclosing a copy of the permit. All required silt fences shall be installed prior to the initiation of any earth-disturbing activity. The permit will describe any other action that must be taken prior to excavating.
H. The SWM/SC permit shall authorize construction during a period of one year following the date of issuance, unless the Stormwater Manager grants an extension(s) to the expiration date. Notwithstanding the expiration of authorization to construct, any Inspection and Maintenance Agreement incorporated as part of the permit to establish permanent stormwater control facilities and/or other permanent stormwater BMPs shall stay effective and binding on the Owners/Operators in perpetuity, including future Owners/Operators.
(b) SWM/SC Permits.
(1) The Owners/Operators for developments subject to Sections 943.03(b) and 943.04(e) shall obtain an SWM/SC permit prior to initiating earth- disturbing activities. All Owners/Operators shall sign the permit application. Where an Owner/Operator is a business, church, school, or other entity, a designated representative shall sign the permit application. All Owners/Operators shall be responsible for complying with the permit. All SWM/SC permit applications submitted with the exception of those submitted by a public agency shall be accompanied by the applicable fees for SWM/SC permit processing and field inspections and, where applicable, plan review, set by the Village’s fee schedule. Permit applications shall be submitted to the Stormwater Manager in accordance with the applicable deadline established by subsection (a)(4) hereof. This permit shall be obtained by following the steps outlined in this section. Stormwater permits shall be granted when the permit application demonstrates that all performance standards and other criteria required by these regulations will be met.
(2) A. Before completion of construction, any person becoming a new Owner/Operator in substitution for an existing Owner/Operator may continue the construction activities authorized by the permit upon the transfer of the permit provided that:
1. The transferor will no longer be an Owner/Operator of the property;
2. The transferor is in compliance with the permit at the time of transfer;
3. The period during which construction activities are authorized has not expired; and
4. At least 15 days prior to the transfer, the transferor and transferee sign and submit a letter notifying the Stormwater Manager of the transfer, the name, address, telephone number, and contact person for the transferee, and the transfer’s effective date, at which time the transferee shall be responsible for complying with the permit.
B. If a new Owner/Operator will be added without terminating any current Owners/Operators, the new Owner/Operator shall be authorized to conduct construction activities under the permit provided that:
1. The period during which construction activities are authorized has not expired; and
2. The new Owner/Operator signs and submits a letter notifying the Stormwater Manager of this transaction, the name, address, telephone number, and contact person for the new Owner/Operator, and the effective date of the transaction, at which time the new Owner/Operator shall be responsible for complying with the permit jointly with existing Owners/Operators. All new Owners/Operators shall comply with the permit.
(3) The permit application shall be submitted by completing an application form provided by the Stormwater Manager or online at www.lexingtonohio.us. The application shall also provide the information required by the checklist for applications contained in the Appendix to these regulations. Where an SWM/SC plan is required, the information required by the checklist may be incorporated into the plan rather than submitting the information separately.
(4) The Owners/Operators shall perform all earth-disturbing activities in accordance with the provisions and requirements of the permit, including any plans incorporated into the permit.
(5) The permit may require Owners/Operators to install and maintain permanent stormwater BMPs, including permanent stormwater control facilities such as retention basins, to minimize the discharge of sediment into water resources and to minimize erosion of the water resources by controlling peak rates and volumes of runoff. Construction of any such BMPs shall be performed in accordance with the permit. The Owners/Operators shall execute an Inspection and Maintenance Agreement providing for inspections and maintenance of these facilities and/or practices, which agreement shall be part of the permit. This Agreement shall be executed as a conservation easement under Ohio R.C. 5301.67 et seq., an environmental covenant under Ohio R.C. 5301.80 et seq., an equitable servitude, and/or any other instrument as determined by the Stormwater Manager. The Agreement shall be on a form approved by the Village Law Director, and signed by all persons having a vested interest in the property, and be recorded with the deed for the property. All present and future Owners/Operators shall be bound by and comply with the Agreement in perpetuity. Where an Agreement requires permanent stormwater control facilities and/or other permanent BMPs for partially or fully constructed facilities, all new Owners/Operators are bound by and shall comply with the Inspection and Maintenance Agreement whether or not construction activities will continue. The Agreement shall do the following:
A. Identify the long-term maintenance requirements and schedules for all post-construction BMPs;
B. Contain long-term maintenance inspection schedules, including the printed name and contact point of the post-construction landowner (e.g., president of the homeowners' association, store manager, apartment complex manager, etc.);
C. Identify the person or entity who will physically perform the inspections and maintenance of the post-construction BMPs;
D. Identify the person or entity financially responsible for maintaining the permanent inspection and maintenance of post-construction BMPs;
E. Identify the method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all post- construction BMPs;
F. Provide access to the property at any reasonable time for an inspection by the Stormwater Manager and/or Stormwater Engineer in order to document the condition and status of the stormwater control facilities and other BMPs;
G. Prohibit unauthorized alterations to the facility;
H. Require the Owner/Operator to notify the Stormwater Manager at least 15 days prior to transferring the property to a new Owner/Operator; and
I. Provide that all future Owners/Operators of the property are bound by and must comply with the Agreement in perpetuity.
(6) For projects required to implement post-construction stormwater controls, the Owner/Operator shall provide the Village with future access to all areas on which permanent stormwater control facilities and/or other permanent BMPs must be maintained or conducted pursuant to these regulations by providing the Village with easements complying with the following:
A. The easements shall be recorded in the name of the Village of Lexington, Ohio;
B. The width and locations of the easements shall be established as required by the Stormwater Manager;
C. The areas subject to the easements shall be restricted against the planting of trees, shrubbery, or plantings with woody growth, and against the construction of buildings, accessory buildings, fences, walls, or any other obstructions, that would obstruct the free flow of stormwater and the movement of inspectors and maintenance equipment; and
D. The final grade in the areas subject to the easements shall not be changed from that described by the grading plan.
(7) No Owner/Operator shall violate or fail to comply with any provision or requirement of any permit issued under these regulations, including any SWM/SC Plan and Inspection and Maintenance Agreement for the project.
*** Note: The disturbance of one acre or more, or a smaller disturbance that is part of a larger common plan of development or sale that will ultimately disturb at least one acre, may also require a permit for stormwater discharges from the Ohio EPA. It is the landowner’s responsibility to determine whether an Ohio EPA permit is required and, if so, to obtain the permit. Ohio EPA’s web site contains a copy of its General Permit for Storm Water Discharges Associated with Construction Activity and its application forms for coverage under that general permit or individual stormwater construction permits.
Owners/Operators are also reminded to call the Ohio Utilities Protection Service (OUPS) at 1-800-362-2764 to locate and mark underground utilities prior to starting construction. While this call is not a requirement of these regulations, state law requires this call for the protection of utility lines and construction personnel. In addition, there may be some oil/gas facilities in your area not registered with OUPS. As an additional precaution, the Owner/Operator may call the Oil & Gas Producers Underground Protection Service (OGPUPS) at 1-800-925-0988.
(c) Site Drawings for Site Analysis and Inventory. Prior to submitting the permit application, the permit applicant shall prepare and submit to the Stormwater Manager a site drawing that describes and maps the following existing site conditions and features:
(1) Topography, using a scale of 1" = 50' or larger on all dimensions;
(2) Drainage patterns and basins;
(3) Intermittent and perennial streams;
(4) Vegetation;
(5) Existing development;
(6) Existing stormwater facilities, tiles, and other drainage components;
(7) Characteristics of adjacent areas (e.g., buildings, woods) with distances;
(8) Property lines and any easements and rights-of-way;
(9) Any existing structures;
(10) Distances to streets, alleys, and property lines;
(11) Any floodplain locations with base flood elevations;
(12) Locations of proposed buildings, structures and facilities; and
(13) Designated concrete washout area.
(d) Pre-Application Meeting and Joint Site Visit.
(1) The owner or developer shall obtain and complete the form for a pre- application site visit form from the Stormwater Manager or online and submit it to the Stormwater Manager along with the site drawing and a copy of any required Village zoning permit, Ohio EPA permit to install wastewater facilities, Ohio EPA permit or Section 401 certification for wetlands, and/or Army Corps Section 404 permit for wetlands. At that time, the applicant shall also provide a copy of the site drawing approved pursuant to any required Village zoning permit. The pre-application form can be obtained online or from the office. Once the applicant submits all information required by this paragraph, the applicant shall contact the Stormwater Manager to arrange a time and day for the pre-application meeting. The pre-application meeting shall be held within 10 days thereafter.
(2) The excavator and either the developer or an owner familiar with the plan of development for the project shall attend the pre-application meeting at the project site with the Stormwater Manager to outline the stormwater management requirements and other regulations for all developments for which a permit is required under subsection (b) hereof. The Stormwater Manager may request the Stormwater Engineer to attend this meeting where beneficial.
(3) The purpose of this meeting is to establish a constructive partnership and generate a conceptual outline of the stormwater management plan and strategies. The meeting will also assist the owner with land management, drainage, and assessment of constraints, opportunities, and potential for stormwater design concepts. A major objective is to make permitting and plan approval requirements clear at an early stage, making the approval process proceed faster and more smoothly.
(4) The attendees at the meeting shall discuss the locations of BMPs, roads, driveways, discharge of stormwater, and areas of site activity. The parties shall walk over the site to assist them in identifying and anticipating problems and potential issues, defining general expectations, and establishing general boundaries of natural feature protection and conservation areas.
(e) SWM/SC Plans.
(1) The applicant for an SWM/SC permit shall submit an SWM/SC plan as part of the permit application for earth-disturbing activities that will disturb soil on one or more acres of land on a single lot or tract, or on less than one acre that is part of a larger common plan of development or sale (e.g., a subdivision) if the larger common plan will ultimately disturb at least one acre. An SWM/SC plan may be submitted, but is not required, for smaller projects subject to the performance standards of these regulations.
(2) If an Owner/Operator has control over only part of a larger common plan of development or sale (e.g., one of four homebuilders in a subdivision), that Owner/Operator is responsible for implementing a plan only on its portion of the project. For such a development, two or more Owners/Operators may collectively submit a common plan that each shall implement on its portion of the project, or each Owner/Operator can submit a separate plan for its portion of the project. Each Owner/Operator shall ensure, through direct action or coordination with other Owners/Operators, that its activities do not impair another Owner/Operator’s pollution control activities.
(3) The plans shall contain the information and activities necessary to comply with the performance standards in Sections 943.03 to 943.05 of these regulations. A Professional Civil Engineer registered in the State of Ohio must stamp and approve any engineered plan. The Stormwater Engineer shall review the engineered plans and make a recommendation on their approval, amendment, or disapproval to the Stormwater Manager. The Stormwater Manager will consider the Stormwater Engineer’s recommendation in acting on the permit application.
(4) For developments in progress on the effective date of these regulations in which at least the threshold amount of the activities identified in subesection (e) hereof will occur after the effective date, the activities occurring after the effective date are subject to the newly promulgated requirements of Sections 943.03 to 943.05. Other activities subject to the previous regulations shall continue to comply with the standards and other requirements of the previous regulations and any permits, plans, agreements, and other obligations established pursuant to the previous regulations. (e.g., if 5,000 square feet of a 20,000 square foot development are disturbed before the effective date, that 5,000 square feet would be subject to the previous regulations while the remainder would be subject to the new regulations.)
(5) Any plan approved under a permit application is incorporated into and made a part of the permit issued in response to the permit application. No modifications shall be made to the plan without the approval of the Stormwater Manager.
(6) After issuing the permit, the Stormwater Manager shall have the authority to make immediate written adjustments to the plan to ensure compliance with these regulations or to remove unnecessary requirements. The plan as amended is incorporated into and made a part of the permit.
PART TWO: PONDS AND LAKES
(f) Additional Requirements for SWM/SC Plans for Ponds and Lakes. The following additional requirements shall apply to the construction of ponds and lakes that subsection (e) hereof requires to submit SWM/SC plans:
(1) Show on the site drawing all BMPs that shall be implemented on the site to reduce erosion, elevations of the water level, and top of the dam; and
(2) Indicate the outlet point of the principal discharge as well as the emergency overflow and protect them with riprap or other means to control discharge velocity and reduce erosion.
PART THREE: FILL AND BORROW AREAS
(g) Additional Requirements for Fill and Borrow Areas. The following additional performance standards apply to fill and borrow areas with earth-disturbing activities of one acre or larger:
(1) Properly installed and maintained drive entrances are required at all times; and
(2) All disturbed area shall be seeded and mulched within seven days after final grading.
PART FOUR: COMMERCIAL DEVELOPMENTS
(h) Additional Requirements for SWM/SC Plans for Commercial Developments.
(1) The requirements of this subsection apply to all commercial developments that subsection (e) hereof requires to submit SWM/SC plans. The plans shall consist of four sections as described in subsections (h)(1) to (3) hereof and shall contain the following:
A. A brief narrative section, including stormwater run-off calculations, total acres contained on the site, area disturbed, and construction limits;
B. Construction plan sheets, containing drainage area, erosion/sediment control measures, and scale of drawing;
C. Three copies of each plan drawing and calculation. One copy will be returned with the permit; and
D. BMP information and water quality volumes shall be incorporated into construction drawings, details, and special notes to contractors.
(2) Narrative section. The narrative section shall include the following:
A. Project Description: Briefly describe the nature and types of land- disturbing activity. Specifically note the items not self-evident from the plan drawings.
B. Existing Site Conditions: Include topography, vegetation, and on- site drainage, consistent with information in TR-55, TR-20 or other acceptable stormwater model calculations, for both pre-developed and post-developed run-off.
C. Critical Areas: Describe the BMPs required to protect areas that have a high potential for serious erosion problems, such as stream crossings, steep slopes, etc. Other areas requiring special consideration include adjacent properties, nearby streams, downstream ponds, and roadways that might be affected by construction site run-off.
D. Stormwater run-off: Include estimations and calculations for both pre-development and post-development peak discharge, using the TR 20 or TR-55 method. Include critical storm determinations and demonstrate how the run-off from upper watershed areas has been considered in these calculations. (There is no requirement to detain water from other properties.) Provide a summary of calculations on the “Storm Water Calculation Summary” appended to these regulations.
E. Names and addresses: Supply this information for the Professional Engineer in responsible charge of the plan, the property owner(s), and the operator(s) having responsibility for the overall development area.
(3) Site construction plans, drawings, and details. This section of the plan shall include:
A. Vicinity map: Show the site in relation to the surrounding area.
B. Construction plan sheets: Use a maximum scale of 1" = 100' overall, and 1" = 50' for those areas of concentrated earth-moving activity. Show existing topography, using 2’ contours, over the development area. Specifically include locations of neighboring lakes, wetlands, and houses within 100 feet of site.
C. Grading plan: Show all existing and proposed buildings, grading limits, and other earth-disturbing activities along with final contours and relevant construction boundaries.
D. Existing and proposed drainage patterns: Include watershed lines, subareas, direction(s) of flow, and watershed acreage.
E. Location of BMPs and stormwater control structures to be used. Include details and directions for installation in the contractor’s notes. All of the detention and retention basins shall be drawn to scale, showing the amount of area contributing to the drainage.
F. Construction sequence: Include an estimated time frame as required for the following phases of site development in order as follows:
1. Pre-construction meeting shall take place no more than seven working days before any work is started. In attendance shall be the Stormwater Engineer, Stormwater Manager, Professional Architect, the Professional Engineer that approved the plans on behalf of the applicant, contractor responsible for the job site, owner, and developer.
2. Driveway and culvert installation, including stone application of adequate length and width to prevent tracking of mud and debris onto the roadway. (See Village Engineer or local township for any additional requirements.)
3. Installation of BMPs, whether temporary and/or permanent, with all of the perimeter controls installed within seven days of clearing and grubbing.
4. Excavation of sediment traps, and/or sediment retention/detention basins and related components. Seed and mulch those areas within seven days of excavation.
5. Initial clearing and grubbing, using “phasing” technique, in order to leave more undisturbed vegetation. Road grading and all other excavation work.
6. Construction of buildings and parking areas.
7. Installation of utilities.
8. Final grading, paving, landscaping (permanent cover), soil stabilization.
9. Removal of temporary erosion control measures.
G. Special notes for contractor:
1. Specify stabilization, using seeding mixtures and rates, lime and fertilizer application rates, type and quantity of mulching, for both temporary and permanent vegetation control measures in accordance with Section 943.03(e).
2. Submit a maintenance schedule, along with persons responsible for the inspection and repair of erosion and sediment control measures, until all construction has been completed.
3. Location and elevation of proposed structures shall be indicated on all stormwater designs. Show the elevations of all components, including invert of outlet, inlet, critical storm inlet, catch basins, emergency overflow, and riprap. Indicate the location of all water quality structures and size.
4. Detail drawings, indicating structural practices that shall be used.
H. Permanent stormwater control facilities shall require detail drawings, and their specific location, and shall appear on approved construction plans. Included with the plan shall be the following criteria:
1. Owners shall provide a “Record Drawing” construction check, prior to final inspection of any new development.
2. Detention basins that have a bottom slope of < 1.50% to the outlet must have a concrete channel designed and installed minimum depth of 6”.
3. Emergency overflows shall be designed with appropriate size fill.
4. Elevations shall be placed on all component features.
5. Outlet pipe and discharge points shall be protected with silt fence, wattles or other energy dissipaters to prevent silt and sediment from leaving the detention area until vegetation is well established.
6. Outlet pipes shall be protected with designed size Riprap.
7. Orifice controls shall be permanent.
I. Record Drawing Requirements: Record what was actually constructed and where it is located. Incorporate into the drawing any changes or additions that were not part of the original plan design. As a condition of final approval, the as-built drawings shall be submitted to the Stormwater Manager with final elevations of all components, and a benchmark with elevation and accurate dimensions of any excavated or built structures. This includes all castings, invert pipe and rock elevations, channel, etc. These shall then be redlined onto the plan stamped and signed by the Professional Engineer.
(4) Step by step procedures required by the Stormwater Manager. The following are steps that must be taken to develop the SWM/SC plan:
A. Step 1 - Collect the following data:
1. Topography with minimum 2' contours;
2. Drainage areas;
3. Soils;
4. Ground cover;
5. Adjacent areas; and
6. Any other required data.
B. Step 2 - Analyze the following data:
1. Topography - slope gradients, lengths;
2. Drainage – existing and proposed drainage patterns;
3. Soil erodibility and permeability;
4. Ground cover - trees, grassy areas, unique vegetation; and
5. Adjacent areas - streams, roads, buildings, ponds, floodplain and wetlands.
C. Step 3 - Site Plan Development.
1. Develop site plan, by:
a. Fitting development to surrounding terrain;
b. Locating construction in the least critical areas;
c. Minimizing paved areas and maximizing green/common space; and
d. Utilizing “natural” drainage systems.
2. Calculate runoff discharge rates/volumes:
a. The use of TR-55 or TR-20 is recommended for compiling the information for the plan;
b. If grassed swales or biofilters are used to offset runoff, describe their size and location on the plan; and
c. Utilize the summary sheet in the Appendix to these regulations entitled “Storm Water Calculation Summary.”
D. Step 4 - Develop the plan for erosion and sediment control:
1. Determine limits of clearing and grading;
2. Divide the site into drainage areas; and
3. Show the location of sediment controls and each type used.
PART FIVE: MULTI-FAMILY, PLANNED UNIT DEVELOPMENT, AND CONDOMINIUM SITES
(i) Additional Requirements for SWM/SC Plans for Multi-Family, Planned Unit Development and Condominium Sites. The requirements of subsection (h) hereof apply to all multi-family, planned unit development, and condominium projects that subsection (e) hereof requires to submit SWM/SC plans.
PART SIX: SUBDIVISIONS
(j) Additional Requirements for SWM/SC Plans for Subdivisions: (See also the Subdivision Regulations and the Public Improvement Standards available from the Village.) The requirements of subsections (h) and (j) hereof apply to all major subdivisions that subsection (e) hereof requires submitting SWM/SC plans.
(1) General Requirements.
A. Applications for major subdivision plat approvals are available from the Village Planning Commission.
B. The construction plans for subdivisions constructed under the Subdivision Regulations for the Village of Lexington shall contain a comprehensive plan for the control of stormwater and sediment runoff during and after construction. These plans shall be included in the general construction plans for the subdivision and contain details and specifications for the installation of both temporary and permanent facilities. The Stormwater Manager will review the stormwater management and sediment control plans for all subdivision projects and make recommendations for their approval or disapproval to the Village Engineer, prior to the Village Engineer’s submission of the plans to the Village Planning Commission for final approval.
C. For the purposes of administration, maintenance, repair, and replacement, all permanent stormwater management facilities in major subdivisions shall be considered “Public Watercourses” in accordance with the terms and conditions of the Inspection and Maintenance Agreement under subsection (j)(5) hereof.
(2) Stormwater Manager Plan review.
A. The SWM/SC Plan shall be submitted to the Stormwater Manager, after acceptance of the preliminary plan by the Village Planning Commission, along with the concurrent submittal of construction drawings to the Village Engineer. The Stormwater Manager’s approval of the SWM/SC Plan shall be a condition precedent to final plat approval by the Village Planning Commission, and shall be incorporated into the final plat approval. No construction shall commence until the Village Planning Commission has approved the final plat and the improvement drawings.
B. Where the plan contains permanent stormwater management facilities and/or control measures, the Village Engineer may require that structures and facilities be designed to minimize stormwater maintenance costs. An Inspection and Maintenance Agreement prepared under subsection (j)(5) hereof shall be incorporated into the SWM/SC Plan.
C. Within 15 days after receiving the Stormwater Manager’s recommendation on an SWM/SC Plan, the Village Engineer shall notify the applicant or his appointed representative as to whether the plan complies with these regulations. Any notice of non-compliance shall include specific plan deficiencies, as well as the procedures for filing a revised plan.
D. At the time a revised plan is submitted, a new 15 day review period begins. Construction is authorized during a period of one year from date of approval.
(3) Maintenance Fund.
A. Upon completion of the work, or when suitable surety is established in accordance with the Village Subdivision Regulations, the Village Engineer will request a hearing before Village Council to establish procedures and assessments for the maintenance of any permanent stormwater management facilities within the development.
B. Maintenance assessments will begin the year after acceptance of the subdivision, based upon an assessment schedule prepared by the Village Engineer and approved by Village Council. All maintenance assessments shall be paid into a separate fund that is established for the sole benefit of the subdivision in question.
C. Annual inspections, as well as all necessary maintenance work, shall be performed by or under supervision of the Village Engineer. Annual inspections shall be performed by the Stormwater Manager if both the Village Engineer and the Stormwater Manager agree to that arrangement. All expenditures from the separate fund shall be approved by Village Council after consideration of recommendations from the Village Engineer.
(4) Maintenance fund characteristics and calculations.
A. The maintenance funds for the stormwater management facilities shall be derived from an annual assessment levied against all benefiting owners of lots within the subdivision and are accumulated until they are needed to perform maintenance, repair or replacement as the facilities age. The amount of the maintenance fund is based on the original construction cost of the stormwater management facilities in the subdivision. The maintenance fund may never have an unencumbered balance of more than twenty percent (20%) of the cost of the original stormwater management facilities, as adjusted to current costs. Once the fund has reached the 20% maximum, assessments shall abate until such time as monies are withdrawn from the fund to maintain, repair or replace some element of the stormwater management facilities. The annual assessment is determined by dividing the maximum maintenance fund balance by six years. The entire maintenance fund amount is apportioned to the lots within the subdivision on a fair and equitable formula in order to establish the appropriate amount to be assessed to each property.
B. Upon special request, the rate of assessment may be partially abated over the initial five year period following subdivision approval. This abatement allows developers time to sell individual lots without creating an undue strain on cash flow during the early phases of development. Beginning with the fifth year of the schedule, the assessment shall be collected at the full rate. Generally, when using this assessment schedule where payments in the first five years are partially abated, it requires between nine and ten years to reach its maximum balance, provided no monies have been withdrawn.
Year | Typical Stormwater Maintenance Fund Assessment Schedule | Special Abated Stormwater Maintenance Fund Assessment Schedule |
Year 1 | 100% of Total Annual Assessment | 5% of Total Annual Assessment |
Year 2 | 100% of Total Annual Assessment | 10% of Total Annual Assessment |
Year 3 | 100% of Total Annual Assessment | 25% of Total Annual Assessment |
Year 4 | 100% of Total Annual Assessment | 50% of Total Annual Assessment |
Year 5 | 100% of Total Annual Assessment | 100% of Total Annual Assessment |
Year 6 | 100% of Total Annual Assessment | 100% of Total Annual Assessment |
Years 7 - 10 | 100% of Total Annual Assessment | |
(5) Maintenance of permanent stormwater facilities.
A. When permanent stormwater control facilities and/or other permanent stormwater BMPs are required, the Inspection and Maintenance Agreement shall provide for long-term future maintenance in accordance with subsections (j)(3) and (4). The Agreement shall comply with subsection (b)(5) hereof, except that references to the Stormwater Manager in that subsection shall be deemed to refer to the Village Engineer.
B. The Inspection and Maintenance Agreement must provide access to the facility, at any reasonable time, for an inspection by the Stormwater Manager and/or Village Engineer, in order to document the condition of the facility. The agreement shall also provide for access by public agencies to the stormwater management facilities for purposes of management, repair, and/or replacement of the facilities.
C. The location, dimensions, and bearings of such facilities shall be incorporated into the final plat, prior to approval by the Village Planning Commission, and reference shall be made thereon, as to the individual(s) or entity who shall be responsible for the long-term maintenance.
D. Permanent stormwater facilities must be installed and made functional prior to acceptance by the Village and approval of the assessment schedule. A record drawing must be completed by qualified personnel and submitted to the Village Engineer and the Stormwater Manager, prior to the start of the Village Engineer’s scheduled inspection period.
E. The Owners/Operators may submit a petition for the permanent maintenance of all stormwater control structures and/or facilities to the Village under the Ohio Drainage Law, Ohio R.C. Chapter 6131, when the area of benefit involves two or more property owners.
(Ord. 07-40. Passed 7-16-07.)
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.)
(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.)
(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.)