1224.01 Purpose and scope.
1224.02 Definitions.
1224.03 Disclaimer of liability.
1224.04 Conflicts, severability, nuisances and responsibility.
1224.05 Development of comprehensive storm water management plans.
1224.06 Application procedures.
1224.07 Compliance with State and Federal regulations.
1224.08 Comprehensive storm water management plans.
1224.09 Performance standards.
1224.10 Alternative actions.
1224.11 Easements.
1224.12 Maintenance and final inspection approval.
1224.13 Ongoing inspections.
1224.14 Fees.
1224.15 Bond.
1224.16 Installation of water quality best management practices.
1224.17 Violations.
1224.18 Appeals procedures.
1224.99 Penalty.
CROSS REFERENCES
Water generally - see S.U. & P.S. Ch. 1044
Flood damage reduction - see B. & H. Ch. 1464
Grades - see B. & H. Ch. 1468
Natural waterways - see B. & H. Ch. 1474
(a) The purpose of this regulation is to establish technically feasible and economically reasonable storm water management standards to achieve a level of storm water quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the residents of the City of Maple Heights.
(b) This regulation requires owners who develop or re-develop their property within the City of Maple Heights to:
(1) Control storm water runoff from their property and ensure that all storm water management practices are properly designed, constructed, and maintained.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.
(3) Control the volume, rate, and quality of storm water runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased.
(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.
(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.
(6) Incorporate storm water quality and quantity controls into site planning and design at the earliest possible stage in the development process.
(7) Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.
(8) Maximize use of storm water management practices that serve multiple purposes, including but not limited to flood control, erosion control, water quality protection, recreation, and habitat preservation.
(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City of Maple Heights future expenses related to the maintenance and repair of stream crossings.
(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.
(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1224.01.
(d) Public entities, including the State of Ohio, Cuyahoga County, and the City of Maple Heights shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.
(e) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(f) This regulation does not require a Comprehensive Storm Water Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1225, Erosion and Sediment Control.
(g) This regulation does not apply to construction or re-construction of stand-alone single-family dwellings when the parcel is not part of an overall subdivision or is part of a subdivision that is in existence as of the adoption of this chapter, unless otherwise required by the City Engineer.
(Ord. 2008-128. Passed 12-17-08.)
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) "Acre." A measurement of area equaling 43,560 square feet.
(b) "As-built survey." A survey shown on a plan or drawing prepared by a registered surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(c) "Best Management Practices (BMPs)." Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other practices to reduce the pollution of water resources and to control storm water volume and rate.
(d) "Clean Water Act." Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(e) "Community." The City of Maple Heights, its designated representatives, boards, or commissions.
(f) "Comprehensive Storm Water Management Plan." The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post- development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
(g) "Critical storm." A storm that is calculated by means of the percentage increase in volume of runoff by a proposed development area. The "critical storm" is used to calculate the maximum allowable storm water discharge rate from a developed site.
(h) "Detention facility." A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving the facility by temporarily storing a portion of the storm water entering the facility.
(i) "Development area." A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(j) "Development drainage area." A combination of each hydraulically unique watershed with individual outlet points on the development area.
(k) "Disturbed area." An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
(l) "Drainage." The removal of excess surface water or ground water from land by surface or subsurface drains.
(m) "Erosion." The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(n) "Extended conveyance." A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.
(o) "Extended detention." A storm water management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(p) "Final stabilization." All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
(q) "Grading." The process in which the topography of the land is altered to a new slope.
(r) "Impervious cover." Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(s) "Infiltration." A storm water management practice that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the ground water and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
(t) "Larger common plan of development." A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(u) "Maximum extent practicable." The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(v) "NPDES." National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(w) "Nonstructural storm water management practice." Storm water runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.
(x) "Post-development." The conditions that exist following the completion of soil-disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
(y) "Pre-construction meeting." Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as approved and submitted.
(z) "Pre-development." The conditions that exist prior to the initiation of soil-disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
(aa) "Professional engineer." A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(bb) "Rainwater and Land Development Manual." A technical manual published by the Ohio Department of Natural Resources, Third Edition 2006, and all updates.
(cc) "Redevelopment." A construction project on [and where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project. (Refer to Table 1 in Section 1224.09)
(dd) "Riparian and wetland setback." The real property adjacent to a water resource on which soil- disturbing activities are limited.
(ee) "Riparian area." Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(ff) "Runoff." The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(gg) "Sediment." The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(hh) "Sedimentation." The deposition of sediment in water resources.
(ii) "Site owner/operator." Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, County or State agency, the Federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.
(jj) "Soil-disturbing activity." Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human-made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.
(kk) "Stabilization." The use of best management practices that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(ll) "Structural storm water management practice." Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of storm water runoff.
(mm) "Water quality volume." The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.
(nn) "Water resource." Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.
(oo) "Water resource crossing." Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, noncommercial footbridges or pole-mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
(pp) "Watershed." The total drainage area contributing storm water runoff to a single point.
(qq) "Wetland." Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 C.F.R. 232, as amended).
(rr) "Wetland consultant." Individual competent in the areas of botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(Ord. 2008-128. Passed 12-17-08.)
(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.
(b) By approving a Comprehensive Storm Water Management Plan under this regulation, the City of Maple Heights does not accept responsibility for the design, installation, and operation and maintenance of storm water management practices.
(Ord. 2008-128. Passed 12-17-08.)
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City Engineer, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the City of Maple Heights to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 2008-128. Passed 12-17-08.)
(a) This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for soil-disturbing activities disturbing one or more acres of total land, or less than one acre if part of a larger common plan of development or sale disturbing one or more acres of total land, and on which any regulated activity of Section 1224.01(c) is proposed. See Section 1224.01(e), (f) and (g) for exempted activities.
(b) The City of Maple Heights shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The City may consult with other technical experts in reviewing the Comprehensive Storm Water Management Plan. Any and all fees or expenses incurred by the City to administer or enforce this ordinance shall be the responsibility of the applicant.
(Ord. 2008-128. Passed 12-17-08.)
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