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No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
(Ord. 1357-09. Passed 8-18-09.)
All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the Community shall be constructed prior to the granting of the final plat approval. Upon the request of the owner, the Community may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the Community Engineer's judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the Community shall require a security bond, escrow account, certified check or cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six months after the filing of such final plat. The owner will provide a maintenance guarantee for all permanent improvements, soil erosion, and sediment control and water quality practices. The Community shall require a security bond, escrow account, certified check or cash to guarantee that the planned temporary and permanent soil erosion, sediment control and water quality practices will be constructed and removed in a timely manner, as determined by the Community Engineer.
(a) The Guarantee. The guarantee of both performance and maintenance will be in the form of a security bond, escrow account, verified check or cash. The security bond, escrow account, verified check or cash will be used by the Community to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment control and water quality practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the Community Engineer. The security bond, escrow account, verified check or cash will be in the total amount of both the performance guarantee and the maintenance guarantee. Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in Ohio R.C. 711.101.
(1) Security bond, escrow account, verified check or cash shall be deposited with the Community prior to review by the Community Engineer and/or its consultants to cover professional services of the Community Engineer, Building Commissioner, Zoning Inspector and/or other experts required by the Community Engineer, Community Council, Mayor or review boards.
(2) No soil disturbing activities shall be permitted until a security bond, escrow account, verified check or cash has been posted to the satisfaction of the Community Engineer sufficient for the Community to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this chapter, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this chapter. The security bond, escrow account, verified check or cash shall be released only after all work required by this regulation has been completed to the satisfaction of the Community Engineer and all permit and inspection fees required by these regulations have been paid in full.
(3) No project subject to this regulation shall commence without the soil erosion and sediment control, and storm water management, and water quality plans having been approved by the Community Engineer.
(b) Performance Guarantee. The furnishing of a performance guarantee will be maintained in an amount of not less than 120 percent of the estimate approved by the Community Engineer, of installation of the deferred improvements.
(c) Maintenance Guarantee. The maintenance guarantee shall be maintained for a period of not less than two years after final acceptance of the storm water, soil erosion, sediment control, and water quality practices in an amount equal to twenty percent of the estimate approved by the Community Engineer, of the construction and, where necessary, removal of such practices.
(d) Time Extension. The Community Engineer may extend the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner.
(e) Completion. Upon completion of the construction of improvements or temporary and/or permanent soil erosion, sediment control, and water quality practices and the removal of the temporary soil erosion, sediment control, and water quality practices for which the performance guarantee has been provided the owner shall notify the Community Engineer of this fact.
(f) Inspection. The Community will not release the security bond, escrow account, verified check or cash guarantee until the Community Engineer has inspected the site to ensure that the guaranteed items have been completed and/or removed.
(g) Release. The construction maintenance guarantee shall not be released by the Community until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
(Ord. 1357-09. Passed 8-18-09.)
(a) This plan will be combined with the soil erosion and sediment control, storm water management, riparian setback and wetland setback plans that have also been developed for the site.
(b) (1) Plans developed by the site owners and approved by the Community in accordance with this regulation do not relieve the site owner of responsibility for obtaining all other necessary permits and/or approvals from federal, state, county, and local agencies and departments. If requirements vary, the most stringent requirement shall be followed.
(2) If the Community will be requiring that the local soil and water conservation district (SWCD) review the post-construction water quality plans the Community should first discuss the issue and how to implement the SWCD plan reviews with the local SWCD.
(c) The site owner shall submit a report from the local county soil and water conservation district, which reviews the owner's development, plans and improvement plans. The applicant or his or her designated representative will pay any costs associated with obtaining the report(s) from the local county SWCD. These reports shall address the planned development, and soil erosion and sediment control, storm water management, riparian setback and wetland setback plans and other sensitive areas.
(d) Plans submitted to the Community Engineer for review and approval shall be accompanied by other required permits and documentation relevant to the project, including but not limited to the US Army Corps of Engineers, Ohio EPA, ODNR Division of Water and Ohio EPA NPDES permit for construction activities.
(e) Five sets of the plans and necessary data required by this regulation shall be submitted to the Community Engineer as follows:
(1) Format.
A. Text material will be on eight and one-half inch by eleven inch paper.
B. Drawings will be on paper sized no larger than twenty-four inches by thirty-six inches.
(2) Construction projects.
A. At the preliminary plan approval request the preliminary plans shall show all of the following existing and planned features, streams, water bodies, wetlands, riparian and wetland setback areas permanent BMPs, storm water management detention and retention basins.
B. At the improvement plan approval request.
(3) For general clearing projects. Thirty working days prior to any soil disturbing activities.
(4) Permits List. A list of all the permits that will be needed from federal, state and local agencies.
(5) Long-Term Maintenance.
A. The requirements and schedules of all permanent vegetative and/or mechanical post-construction water quality conservation BMPs.
B. Long-term maintenance inspection schedules for all permanent vegetative and/or mechanical post-construction water quality conservation BMPs.
C. The person or entity financially responsible for inspection and maintaining all permanent vegetative and/or mechanical post-construction water quality conservation BMPs.
D. The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent vegetative and/or mechanical post-construction water quality conservation BMPs. If the Community will be requiring that the local soil and water conservation district (SWCD) review the post-construction water quality plans the Community should first discuss this issue and how to implement the SWCD plan reviews with the local SWCD.
(f) SWCD Approval. A letter or report from the local county SWCD that states that the soil erosion and sediment control, storm water management and riparian setback and wetland setback plans all appear to meet Ohio EPA and local regulations. It should be noted that only the Ohio EPA and the local communities can state that any plans or activities meet their regulations and rules.
(g) The Community engineer shall review the plans, including the approval report from the local county SWCD, and shall approve or return these with comments and recommendations for revisions, within thirty working days after receipt of the plan as described above. A plan rejected because of deficiencies shall receive a report stating specific problems and the procedures for filing a revised plan. At the time of receipt of a revised plan another thirty day review period shall begin.
(h) Approved plans shall remain valid for two years from the date of approval. After two years the plan(s) approval automatically expires.
(i) No soil-disturbing activity shall begin before all necessary local, county, state and federal permits have been granted to the owner or operator.
(j) The Community will do construction inspections until the site is stabilized as determined by the Community Engineer. The construction will not be considered completed until the Community Engineer has conducted the post-construction inspections.
(Ord. 1357-09. Passed 8-18-09.)
As used in this chapter:
(a) “Best management practice (BMP).” Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by non-point sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(b) “Certified professional in erosion and sediment control (CPESC).” A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professionals in Erosion and Sediment Control, Inc. to be a certified professional in erosion and sediment control.
(c) “Channel.” A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(d) “Conservation.” The wise use and management of natural resources.
(e) “Development area.” Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth disturbing activity is to be performed.
(f) “Ditch.” An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(g) “Earth disturbing activity.” Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(h) “Erosion and sediment control.” A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
(i) “Erosion and sediment control practices.” Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(j) “Existing.” In existence at the time of the passage of this chapter and these regulations.
(k) “Federal Emergency Management Agency (FEMA).” The agency with overall responsibility for administering the National Flood Insurance Program.
(l) “Grading.” Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(m) “Grubbing.” Removing, clearing or scalping material such as roots, stumps or sod.
(n) “Impervious cover.” Any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
(o) “Intermittent stream.” A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and grave in stream beds) for periods of one week or more during typical summer months.
(p) “Landslide.” The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(q) “Larger common plan of development or sale.” A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(r) “Local county SWCD.” The local county Soil and Water Conservation District.
(s) “Natural Resources Conservation Services (NRCS).” An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(t) “NPDES permit.” A national pollutant discharge elimination system permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(u) “Ohio EPA.” The Ohio Environmental Protection Agency.
(v) “Outfall.” An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
(w) “Person.” Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(x) “Professional engineer.” A person registered in the State of Ohio as a professional engineer, with specific education and experience in water resources engineering, acting in strict conformance with the code of ethics of the Ohio Board of Registration for Engineers and Surveyors.
(y) “Redevelopment.” The demolition or removal of existing structures or land uses and construction of new ones.
(z) “Retention basin.” A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(aa) “Riparian area.” Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
(bb) “Riparian setback.” Those lands within the Community which are alongside streams, and which fall within the area that the Community prohibits and restricts changes in land use and the building of structures.
(cc) “Sediment.” Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(dd) “Sediment basin.” A temporary sediment pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary sediment basins.
(ee) “Sediment control.” The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(ff) “Sediment pollution.” A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(gg) “Sediment trap.” A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and riprap.
(hh) “Sensitive area.” An area or water resource that requires special management because of its susceptibility to sediment pollution, or because of its importance to the well-being of the surrounding communities, region, or the state and includes, but is not limited to, the following:
(1) Ponds, wetlands or small lakes with less than five acres of surface area.
(2) Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
(3) Drainage areas of a locally designated or an Ohio designated Scenic River.
(4) Riparian and wetland areas.
(ii) “Settling pond.” A runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.
(jj) “Sheet flow.” Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(kk) “Slip.” A landslide as defined under “Landslide.”
(ll) “Sloughing.” A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(mm) “Soil.” Unconsolidated erodible earth material consisting of minerals and/or organics.
(nn) “Soil Conservation Service, USDA.” The federal agency now titled the “Natural Resources Conservation Service,” which is an agency of the United States Department of Agriculture.
(oo) “Soil stabilization.” Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seed, mulch, sod, pavement, etc.
(pp) “Soil survey.” The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(qq) “Storm water runoff.” Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(rr) “Stream.” A body of water running or flowing on the earth's surface, or a channel with defined bed and banks in which such flow occurs. Flow may be seasonally intermittent.
(ss) “USEPA.” The United States Environmental Protection Agency.
(tt) “Watercourse.” Any natural, perennial or intermittent channel, stream, river or brook.
(uu) “Water resources.” All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
(vv) “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.
(ww) “Wetland setback.” Those lands within the Community that fall within the area defined by the criteria set forth in this chapter.
(Ord. 1357-09. Passed 8-18-09.)
(a) Whoever violates or fails to comply with any provision of this chapter is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) 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 Community 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 Community Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) The imposition of any other penalties provided herein shall not preclude the Community, by or through its Law Director and/or any of his or her 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 this chapter or other applicable laws, or ordinances, rules or regulations or the orders of the Community Engineer.
(Ord. 1357-09. Passed 8-18-09.)