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All submittals are required to show proof of compliance with all state and federal regulations. Approvals issued in accordance with this Chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the U.S. Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below.
(a) Ohio EPA NPDES permits authorizing storm water discharges associated with construction activity or the most current version thereof. Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
(c) Ohio EPA Isolated Wetland Permit. Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A statement from a qualified wetland professional who has determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable. Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this Chapter.
(Ord. 37-10. Passed 12-13-10.)
(a) Prior to the start of grading and within seven days from the start of grubbing the applicant must implement the erosion and sedimentation controls.
(b) Erosion and sedimentation controls shall meet these minimum performance standards:
(1) During active construction:
A. Non-structural preservation measures. The applicant must make use of practices that preserve the existing natural condition to the maximum extent practicable as determined by the Village Engineer. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.
B. Erosion control practices. The applicant must make use oferosion controls that are capable of providing cover over seventy percent (70%) of disturbed soils.
C. Runoff control practices. The applicant must make use of measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable.
D. Sediment control practices. The applicant must install structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 7 days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding or filtering runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.
E. Non-sediment pollutant controls: No solid or liquid waste, including building materials and concrete wash out water shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands.
F. Trench and ground water control. There shall be no sediment laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
(2) Maintenance. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
A. When practices require repair or maintenance. If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
B. When practices fail to provide their intended function. If an inspection reveals that a control practice fails to perform its intended function as detailed in the ESCP and that another, more appropriate control practice is required, the ESCP must be amended and the new control practice must be installed within ten (10) days of the inspection.
C. When practices depicted on the ESCP are not installed. If an inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(3) Final stabilization defined. The site reaches final stabilization when all soil disturbing activities are complete and a uniform perennial vegetative cover with a density of 70 percent coverage for the area has been established on all unpaved areas and areas not covered by permanent structures. In addition, all temporary erosion and sediment control practices have been removed and disposed of in an acceptable manner.
(c) Post construction water quality practices.
(1) Non-structural water quality practices: Non- structural post construction best management practices include preservation, planning, or procedures that direct development away from water resources or limit creation of impervious surfaces. Practices such as conservation easements, riparian and wetland setbacks, and conservation subdivision design are all non-structural controls.
A. All non-structural water quality practices must be protected from disturbance throughout the construction phase of the project.
B. All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat or other legal document.
(2) Structural water quality practices: Structural post construction best management practices are permanent features constructed to provide treatment of storm water runoff either through storage, filtration, or infiltration. All structural water quality practices must be established prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control uring development sediments must be removed prior to the basin being used for post construction storm water quality.
(3) Maintenance. The post construction water quality practice must be maintained in perpetuity by those parties identified in the ESCP or the Storm Water Management Maintenance Agreement.
(Ord. 37-10. Passed 12-13-10.)
(a) All development areas are subject to external inspections by the Village and/or designated representative to ensure compliance with the approved ESCP.
(b) After each external inspection, the Village and or designated representative shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved ESCP, the Village may take action as detailed in Section 1164.14.
(Ord. 37-10. Passed 12-13-10.)
If an Erosion and Sedimentation Control Plan is required by this Chapter, then a performance and maintenance bond shall be posted according to Chapter 1117 of the Codified Ordinances of the Village of Obetz. The performance bond shall be posted prior to the start of any construction process requiring an ESP. No project will be released from Bond if there is failure to comply with an approved ESCP. The bond will be released upon final site stabilization as defined in Section 1164.09.
(Ord. 37-10. Passed 12-13-10.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village in relation to the regulations of Chapter 1164 may appeal to the Planning and Zoning Commission. The person seeking the appeal shall give written notice of the appeal to the Planning and Zoning Administrator. The Planning and Zoning Commission shall schedule a hearing within forty-five (45) days of receipt of the notice. Following the hearing, the Commission shall give written notification to the Appellant of its determination within thirty (30) days of the hearing. Following receipt of the Commission's determination, the Appellant may appeal the decision of the Commission to the Village Council within five (5) days of receipt of the notice. Appeals to Village Council shall be filed with the Council Clerk. All appeals shall include the Appellant's name, address, phone number, and a description of the order, requirement, determination, or other action or inaction by the Village.
(Ord. 37-10. Passed 12-13-10.)
(a) Where these regulations are in conflict with other provisions of law or ordinance, the most restrictive provisions 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) These regulations shall not be construed as authorizing any person to maintain a private or public 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 Village 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 Village, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 37-10. Passed 12-13-10.)
(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 Administrator and/or designees 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 if it is determined that such activity is not meeting the intent of this Chapter. 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, however, where the Administrator and/or designee finds that immediate action is necessary for public safety or the public interest, the Administrator or designee may require that work be stopped upon verbal order pending issuance of the written notice.
(c) The Planning and Zoning Commission may deny the issuance of any further zoning approvals for the property in question until the site is brought into compliance with this Chapter.
(d) The Building Department may suspend all inspections and suspend the issuance of occupancy certificates for sites that are not in compliance with this Chapter.
(e) The Village Engineer may suspend the inspection of site improvements and/or refuse the release of bonds on developments that are not in compliance with this Chapter.
(Ord. 37-10. Passed 12-13-10.)
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