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(a) In order to obtain a Stormwater Management Permit, the applicant shall submit design plans, quantities and itemized cost estimates for the stormwater facilities, prepared by a Registered Professional Engineer to the city engineer for review and approval. A certified check in the amount of one hundred fifty dollars ($150.00) or two percent (2%) of the construction cost estimate for the stormwater management facilities, whichever is greater, shall be paid to the Treasurer before issuance of the Stormwater Management Permit to offset the costs of plan review and field inspection of such construction to assure its conformance with the plans.
(b) If the Stormwater Management Facilities to be constructed are part of a subdivision being developed under the "Subdivision Regulations of the City of Ontario, Ohio, Ordinance 77-19 as amended" and the filing, plan review and inspection fees for stormwater management facilities are included in the subdivision fee, then this section shall be waived.
(c) No permit fee shall be required for nonfarm, earth-disturbing activities which have been provided for in an already approved stormwater management plan (i.e. home construction on a lot in an approved subdivision with an approved stormwater management plan).
(Ord. 22-22. Passed 3-16-22.)
(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a one hundred percent (100%) performance bond or other satisfactory security has been provided to the City of Ontario. The City Engineer shall approve the sufficiency of the bond and the Law Director shall approve the bond as to form. This bond shall be posted for the City of Ontario to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation.
(b) The bond or other security required by this section shall be equal to one hundred percent (100%) of the estimated cost of the storm water management facilities included in the Comprehensive Storm Water Management Plan submitted under Chapter 937.
(c) Storm drainage facilities and control structures that are being constructed as part of a subdivision subject to the subdivision regulations of the City shall be considered as an improvement. As such, they shall be subject to the bonding requirements therein and this section of the Stormwater Management Regulations shall be waived. The value of the stormwater drainage facilities shall be included in the amount of the performance bond for the subdivision improvements.
(d) The stormwater bond will be returned, when the following three criteria are met:
(1) One hundred percent (100%) of the total project has been permanently stabilized.
(2) An As-Built Inspection of all stormwater control measures as described in Section 937.12 is approved by the city engineer.
(3) An Inspection and Maintenance Plan has been approved by the City of Ontario and Inspection and Maintenance Agreement has been signed by the developer, the contractor, the City of Ontario, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the city engineer.
(Ord. 22-22. Passed 3-16-22.)
The applicant may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the city engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the city engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two (2) days.
(Ord. 22-22. Passed 3-16-22.)
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. (Ord. 22-22. Passed 3-16-22.)
(a) Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City of Ontario in relation to this regulation may file an appeal in writing with the Clerk setting forth the issues of disagreement. This appeal shall be received within thirty days of the disapproval or approval with conditions of the comprehensive stormwater management plan.
(b) The Clerk shall promptly forward the appeal to the Chairman of the Utilities Committee of Council. The Committee shall meet with the applicant and the city engineer, review the disagreement and in the event a resolution cannot be reached at the Committee meeting, make a recommendation to Council.
(c) Council shall at its next regular or at a special meeting called for this purpose, by majority vote, approve or reject the Committee's recommendation, or approve some variation thereof. Council's decision on this issue shall be final and the applicant shall not proceed with the development except in accordance with Council's decision.
(Ord. 22-22. Passed 3-16-22.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the City of Ontario instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Ontario.
(Ord. 22-22. Passed 3-16-22.)