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To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the City Engineer:
(a) Final stabilization must be achieved and all permanent storm water management practices must be installed and made functional, as determined by the City Engineer and per the approved Comprehensive Storm Water Management Plan.
(b) An As-Built Certification, including a survey and inspection, must be sealed, signed and dated by a professional engineer, Certified Professional in Erosion and Sediment Control, Landscape Architect, and a professional surveyor with a statement certifying that the storm water management practices, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the City Engineer. In evaluating this certification, the City Engineer may require the submission of a new set of storm water practice calculations if he or she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.
(c) A copy of the complete and recorded Inspection and Maintenance Agreement as specified in Section 2301.08 must be provided to the City Engineer.
(Ord. 160-11. Passed 6-20-11.)
The City shall inspect storm water management practices periodically. Upon finding a malfunction or other need for maintenance, the City shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have five working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the City Engineer for these repairs not be in place, the City may undertake the necessary repairs and assess the responsible party.
(Ord. 160-11. Passed 6-20-11.)
The Comprehensive Storm Water Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City before the review process begins. The City Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services. The fees shall be remitted in accordance with Chapter 185 of the Parma Codified Ordinances.
(Ord. 160-11. Passed 6-20-11.)
(a) If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of 5% of the total project cost, has been deposited with the City Treasurer. This bond shall be posted for the City 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 permittee fails to comply with the provisions of this regulation. The storm water bond will be returned, less City administrative fees as detailed in Chapter 185, when the following three criteria are met:
(1) After 80% of the lots of the project have been complete or 100% of the total project has been permanently stabilized or three years from the time of permanent stabilization have passed.
(2) An As-Built Inspection of all water quality practices is conducted by the City Engineer.
(3) An Inspection and Maintenance Agreement signed by the developer, the contractor, the City, and the private owner or homeowners association who will take long-term responsibility for these BMPs, is accepted by the City Engineer.
(b) Once these criteria are met, the applicant shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the City may use the bond monies to fix any outstanding issues with all storm water management structures on the site and the remainder of the bond shall be given to the private lot owner/homeowners association for the purpose of long-term maintenance of the project.
(Ord. 160-11. Passed 6-20-11.)
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 days.
(Ord. 160-11. Passed 6-20-11.)
(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 his or her designee may suspend any active soil-disturbing activity for a period not to exceed 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 permittee and shall state the conditions under which work may be resumed. In instances, however, where the City Engineer and/or his or her designee finds that 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. In the event the permittee does not correct the violations within 90 days, the City Engineer may revoke the Storm Water Management Permit.
(c) When a permit has been revoked, it shall not be reinstated until all existing violations have been corrected and a superintendent provided, if required. Written notice of the reinstatement of a permit shall be given to the owner before the work may proceed.
(d) No person shall remove, deface or conceal the notice of revocation, after the same has been posted, except at the order of the City Engineer.
(Ord. 160-11. Passed 6-20-11.)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the City in relation to this regulation may appeal to the court of common pleas after all municipal remedies are exhausted. Such an appeal shall be made in conformity with Ohio R.C. Chapter 2505 or 2506. Written notice of appeal shall be served on the City.
(Ord. 160-11. Passed 6-20-11.)
(a) Whoever violates or fails to comply with any provision of these regulations is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000) or imprisoned for no more than 180 days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to these regulations, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) The imposition of any penalties provided herein shall not preclude the City, by or through its Law Director and/or any of their assistants, from 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 these regulations or applicable laws, or ordinances, rules or regulations or the orders of the City Engineer.
(e) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. The City shall prosecute any violation of these regulation in accordance with the penalties stated herein.
(Ord. 160-11. Passed 6-20-11.)