1361.06 PERMITS.

   Any impervious area or performance of earth-disturbing activities as indicated within the Stormwater Design Manual shall be required to file a stormwater management plan and obtain a stormwater management permit.

   Permit application forms shall be made available in the Bureau of Buildings, Inspections, Licenses and Permits. Information required shall be sufficient for the Bureau to determine if a stormwater management plan is necessary and that the person intends to comply with this chapter. At a minimum, the application shall include the following:

   (a)   Name, address and phone number of the property owner and/or other person responsible for the activity.

   (b)   Location of the activity.

   (c)   Description of the activity.

      (1)   Type of activity.

      (2)   Area to be disturbed.

      (3)   Area to be rendered permanently impervious.

      (4)   Size of parcel or lot on which activities will occur.

   The Bureau shall review the permit application and if no stormwater management plan is required, an application shall be made to the Zoning Administration for a zoning certificate in accordance with Section 1155.03 of the Codified Ordinances.

   In the event that a plan is required, the permit shall be issued upon approval by the City Planning Commission.

(Ord. 22-045. Passed 3-15-22.)

1361.07 FEES.

   (a)   Permit Fee. A permit fee in the amount of fifty-five dollars ($55.00) shall be paid to the Bureau of Buildings, Inspections, Licenses and Permits upon submission of an application.

No permit fee shall be required for the following: Nonfarm, earth-disturbing activities which have been provided for in an already approved stormwater management plan. (Example: home construction on a lot in an approved subdivision with an approved stormwater management plan).

   (b)   Plan Review and Field Inspection Fees. A fee in the amount of two-hundred dollars ($200.00) shall be paid to the Bureau of Buildings, Inspections, Licenses and Permits before issuance of the stormwater management permit to offset the cost of plan review and field inspection of such construction to assure its conformance with the plans.

(Ord. 22-045. Passed 3-15-22.)

1361.08 ASSURANCE OF COMPLETION.

   The Bureau of Buildings, Inspections, Licenses and Permits shall not issue a Certificate of Occupancy until the stormwater management facilities have been constructed in accordance with the appropriate stormwater management plan and have been approved by the Office of the City Engineer.

   Stormwater management facilities that are being constructed as part of a subdivision subject to the Subdivision Regulations of the City shall be considered and improvement. As such they shall be subject to the bonding requirements therein. The value of the stormwater management facilities shall be included in the amount of the performance bond for the subdivision improvements.

   If it can be shown that assurance of completion is being provided through another regulation of this City or other governmental subdivisions, this section of the Stormwater Management Regulations shall be waived.

(Ord. 22-045. Passed 3-15-22.)

1361.09 DISCLAIMER OF LIABILITY.

   Neither submission of a plan under provisions of the chapter nor compliance with provisions of this chapter shall relieve any person from responsibility for damage to any person property otherwise imposed by law, nor impose any liability upon the City for damage to any person or property. (Ord. 22-045. Passed 3-15-22.)

1361.10 MAINTENANCE OF STORMWATER DRAINAGE FACILITIES AND CONTROL STRUCTURES.

   When stormwater management facilities and control structures are located on private property, it is the private post-construction operator's/developer's responsibility to inspect and properly maintain the facilities. In addition, an Operation and Maintenance Plan shall be developed and implemented in accordance with the Stormwater Design Manual. The maintenance of minor detention in areas such as swales, etc. on individual parcels or lots in new subdivisions shall be the responsibility of the individual parcel or lot owners. Special provisions shall be written into the deeds for the individual parcels or lots in new subdivisions, so the owners are aware that the parcels or lots are used for temporary stormwater    storage. The City shall require all of the stormwater drainage facilities and control structures to be designed to minimize maintenance costs.

(Ord. 22-045. Passed 3-15-22.)

1361.11 RIGHT OF ACCESS

   The City of Mansfield shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.

(Ord. 22-045. Passed 3-15-22.)

1361.12 ENFORCEMENT

   (a)   If the City of Mansfield or its duly authorized representative determines that a violation of the rules adopted under this code exists, the City of Mansfield or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.

   (b)   All development areas may be subject to external inspections by the City Engineer and/or designee to ensure compliance with the regulation.

   (c)   After each external inspection, the City Engineer and/or designee shall prepare and distribute a status report to the applicant.

   (d)   If an external inspection determines that the operations are being conducted in violation of any of the provisions of this regulation the City Engineer and/or designee may take action as detailed in Section 1361.13 of this regulation.

(Ord. 22-045. Passed 3-15-22.)

1361.13 VIOLATIONS

   (a)   No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.

   (b)   Upon notice, the City Engineer and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, where the City Engineer and/or designee finds that the immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.

   (c)   Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City may order compliance by written notice of violation to the owner and/or occupant. Such notice may require without limitation:

      (1)   Specific details about the violation;

      (2)   Violating discharges, practices, or operations shall cease and desist;

      (3)   Specific details about the elimination of illicit connections or discharges;

      (4)   The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

      (5)   The timeframe within which the violator must cure any deficiencies;

      (6)   In addition to any other monetary penalties set forth in these regulations, the owner and/or occupant shall reimburse the City for the time expended by its representatives and the City shall further be reimbursed any remediation costs via an administrative fee and costs passed through to the owner;

      (7)   The implementation of source control or treatment Sediment Control Measures; and,

      (8)   The performance of monitoring, analyses, and reporting required.

   (d)   If it is determined that a violation of this Chapter exists fourteen (14) days following the notice of violation, the responsible person shall be notified of the deficiencies or noncompliance and stop work order by the Office of the City Engineer in writing and by certified mail. Upon issuance of the final letter for noncompliance and stop work order, the deficiencies or noncompliance shall be reported to the law director.

   (e)   Abatement. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the works will be completed by a designated governmental agency or contractor of the City's choosing and the expenses thereof, including actual City representatives' time, shall be charged to the violator.

(Ord. 22-045. Passed 3-15-22.)