(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the Village of South Amherst not otherwise imposed by law.
(b) No Release from Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirements shall prevail.
(c) Proceeding with Activity. Land-disturbing activities regulated under this chapter shall not begin until all necessary state and federal permits and appropriate approvals of Storm Water Pollution Prevention Plans or Comprehensive Storm Water Management Plans have been granted to the site owner/applicant.
(d) Performance Responsibility. The applicant is responsible to carry out all provisions of the approved Storm Water Pollution Prevention Plan or CSWM plan and to meet all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the Administrator and the Village designee to ensure compliance with the approved SWPPP and CSWMP.
(2) Any reports issued by the Administrator, SABPA and/or its designee shall be distributed to the applicant and the contractor (if applicable) and the Professional Engineer of record who prepared the SWPPP and CSWMP.
(3) If it is found that the construction or development operations are being conducted in violation of the approved SWPPP and/or CSWMP plan, enforcement proceedings will be carried out in accordance with the Lorain County Sediment and Erosion Control Regulations and/or the Lorain County Comprehensive Stormwater Management Regulations. If these enforcement mechanisms do not result in corrective actions, a stop-work order may be issued by the Administrator and the Village designee.
(4) After the issuance of a stop-work order provided for in subsection 1335.09 (e) (c) above, the applicant may meet with the Law Director and the Administrator and the Village designee to show cause why work should not be stopped.
(5) Following the issuance of a stop-work order, the Administrator and the Village designee shall determine if and when the development may proceed. Any determination by the Administrator and the Village designee pursuant to this section is a final order for purpose of judicial review.
(6) All development sites are subject to inspections and enforcement by an authorized agent(s) under the direction of the Administrator and the Village designee to ensure compliance with the approved SWPPP and CSWMP.
(f) Violations.
(1) The Village designee shall notify the Storm Water applicant of any violations in writing. Said notice shall indicate the exact nature of the violations and other specific corrections which are required.
(2) The permittee shall comply with the timeline for correction in Table A listed below. Timeline extension for adverse weather conditions may be granted upon recommendation of the Administrator.
(3) Violations.
Table A: Timeline for Corrective Action
Nature of Violation | Number of Days from Notice To Correct Functioning of Control Practice |
Silt Fence | Within Three (3) Days |
Outlet Control Structure | Within Three (3) Days |
Temporary or permanent stabilization within 50' of drainage channels. | Within Three (3) Days |
Temporary or permanent stabilization for all other disturbed areas. | Within Three (3) Days |
Stabilized Construction Entrance | Within Three (3) Days |
Pumping Sediment laden discharge into drainage channel | Immediately upon Notice |
Sediment Settling Pond | Within Ten (10) Days |
Any other control practice not addressed in this table | Within Three (3) Days |
(g) Penalties Subsequent to Issuance of Stop-Work Order.
(1) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
A. If the land-disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the Village of South Amherst shall apply. Applicable penalties as described in Section 1335.09 (o).
B. Through its Administrator or authorized agent(s), the Village of South Amherst may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions, including legal fees on the tax duplicate of the landowner.
C. The Administrator may request the Law Director of the Village of South Amherst to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and to secure compliance with this Ordinance. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Subsection 1335.09 (n)(1) or any other relief the court determines.
(h) Internal Inspections.
(1) All controls on the site shall be inspected by the applicant in compliance with the minimum requirements of the current Ohio EPA Construction General Permit.
(i) Ownership and Maintenance of Storm Water Facilities.
(1) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the Village of South Amherst accepts the final plat of the proposed subdivision. Said agreement shall be incorporated into the Developer's Agreement when applicable. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure that all inlet and outlet structures are free of obstructions and in good repair.
1. For subdivisions, unless otherwise approved by the Village of South Amherst, responsible party(ies) shall be an entity of common ownership (e.g. Land/Homeowner's Association) within the proposed subdivision.
B. Prohibit unauthorized alterations of all storm water management facilities. Any revisions shall be approved by the Administrator.
C. Provide adequate access to all storm water management facilities for inspection by the Village of South Amherst authorized agent(s) and corrective actions by the owner.
(3) As applicable, all storm water management facility easements shall be shown on the record plat, prior to approval by the Village of South Amherst, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(4) The Village of South Amherst Planning Commission may require the owner and/or the applicant to follow the maintenance procedure outline in "Appendix A: Ohio Revised Code 6131.63." The Village of South Amherst may require of the owner and/or applicant any one or more of the following items in the maintenance agreement:
A. To benefit two or more property owners.
B. To be designed for cost-effective maintenance.
C. To be determined by the Village of South Amherst Planning Commission or authorized agent(s) to be appropriate addition to this jurisdiction's existing storm drainage system.
D. To not be better suited for private maintenance by an individual or group of property owner(s), which ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(5) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the Administrator prior to approval of the final plat and shall be recorded with said plat in separate instruments.
B. Unless otherwise determined by the Administrator drainage easements shall be no less than twenty (20) feet wide.
C. Unless otherwise determined and approved by the Administrator, storm water management facilities, including basin, ponds or other retention/detention practices, shall lie on separate parcels held and maintained by an entity of common ownership (i.e. Land/Homeowners Association).
D. Those lots that contain or are crossed by a drainage easement shall have the following restriction: "Any area reserved for drainage purposes shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area shall be allowed without the approval of the Administrator.
(j) Fees. The fee schedule may be obtained through the Lorain County Storm Water District. Fees shall be submitted with SWP3 and CSWMP, prior to review. The fee is based on project size and paid by the owner or developer directly to the Administrator (LCSWD). Payment is made payable to Lorain County Treasurer.
(k) Complaints. The Administrator and/or the Village designee shall investigate any complaint related to earth disturbing activities covered by this chapter.
(l) Variances.
(1) The Village of South Amherst, or its designated agent, may grant a variance to these regulations where the owner or his appointed representative can show that a hardship exists under which compliance with these regulations is not appropriate, in consideration of the following:
A. That exceptional or extraordinary conditions exist that are peculiar to the particular parcel of land.
B. The variance is necessary for the preservation and enjoyment of substantial property rights.
C. The variance will not be a substantial detriment to adjacent land and will not materially impair the purposes of these regulations.
D. Does not violate the Building or Zoning Codes of the Village of South Amherst.
(2) Adverse economic conditions or hardship shall not be considered as a valid reason for a variance request to be granted.
(3) A request for a variance shall be in writing and shall state specifically the reasons for the request and shall include all data and information in support of the request. The request shall be reviewed and approved, disapproved or approved with modifications within thirty (30) working days. Failure to act within said time will result in the variance request being approved.
(m) Appeals. Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village of South Amherst or its representatives in relation to this regulation may appeal to the Court of Common Pleas. Such appeal shall be made within thirty (30) days of the date of an order or decision and shall specify the grounds for appeal.
(n) Violations. No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter. Violations of these regulations which will result in enforcement actions, include but are not limited to:
(1) Failure to install control practices specified in state and federal permits.
(2) Improper installation of control practices according to Rainwater and Land Development, current edition, and/or as recommended by the manufacturer.
(3) Inadequate design and/or unacceptable performance of the control practices as judged by the Village Engineer.
(4) Failure to properly maintain control practices put in place as determined by the Village Engineer.
(5) Failure to remove control practices after the site has reached final stabilization.
(o) Penalties.
(1) Violation of any provision of this or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person or persons violating any of the provisions herein shall upon conviction be fined up to one hundred fifty dollars ($150.00) per day that the violation exists and, in addition, shall pay all costs and expenses involved in the case.
(2) Upon notice from the Village of South Amherst and/or its authorized agent(s), that work is being carried out contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the Village of South Amherst's authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not prelude the Village of South Amherst, by or through its Law Director and/or any of its assistants, from instituting an appropriate actions 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 authorized agent(s).
(p) All development sites are subject to violations and enforcement under the current version and future revisions of the County Comprehensive Storm Water Management Regulations and Sediment and Erosion Regulations.
Contractor Registration
Contractors planning to perform erosion and sediment control related construction activities must be registered with Lorain County Soil & Water (42110 Russia Rd., Elyria, Ohio 44035) and the Village of south Amherst Building Department (103 W. Main St., South Amherst, Ohio 44001). (Ord. 1787-23. Passed 11-13-23.)