(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.)