§ 155.04(L)  EROSION AND SEDIMENTATION CONTROL
   (1)   In the event that any subdivider intends to make changes in the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating, or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon, the subdivider shall be required to submit a plan for erosion and sedimentation control per the Ohio EPA and NOI requirements.
   (2)   Such plans shall contain adequate measures for the control of erosion and siltation, where necessary, using the guidelines and policies contained in this section and any other erosion and sedimentation control plans or ordinances adopted by the city or per the Ohio EPA, Ohio Department of Natural Resources and the NOI, as applicable.
   (3)   The City Engineer shall review erosion and sedimentation control plans and shall distribute the plans to the Ohio EPA, ODNR, or other authorities having jurisdiction for their review and comment.
   (4)   The City Engineer shall have the authority to approve, approve with conditions, or deny the submitted erosion and sedimentation control plans and, when approved, take the necessary steps to ensure compliance by the subdivider.
   (5)   Plan Requirements and Review
      (a)   The erosion and sedimentation control plan shall be submitted as part of the required NOI improvement drawings.
      (b)   Measures to be taken to control erosion and sedimentation shall be described and provided for in the construction agreement and the estimated cost of accomplishing such measures shall be covered in the guarantee required by § 155.04(E).
   (6)   Basic Standards
      (a)   The City Engineer shall review compliance with all erosion and sedimentation control plans at the building permit and certificate of occupancy application stage.
      (b)   During the construction phase, further technical assistance will be furnished by the City Engineer, if necessary, by the local representative of the Ohio EPA. The City Engineer shall enforce compliance with the approved plans.
      (c)   The City Engineer shall make a continuing review and evaluation of the methods used and the overall effectiveness of the erosion and sedimentation control program.
      (d)   The erosion and sedimentation control plan shall incorporate best management practices and standards as may be specified in the Tipp City Subdivision Design and Construction Standards, the Notice of Intent (NOI) for Coverage Under Ohio Environmental Protection Agency General Permit, and the Ohio Department of Natural Resource's Rainwater and Land Development Manual.
   (7)   Sodding Requirement
   The following standards shall apply to all subdivisions for the purposes of erosion and sedimentation control to reduce the sediment going into the storm water system by applying acceptable industry standards:
   (a)   Proper erosion and sedimentation controls shall be provided within the entire dedicated public right-of-way in conformance with the Tipp City Design Standards and/or other acceptable industry standard approved by the City Engineer.
   (b)   The property owner and/or subdeveloper shall be responsible for the maintenance of the sod or seeded area to ensure proper growth.
   (c)   All erosion and sedimentation controls required by this subsection shall be installed at the time the certificate of occupancy is requested. A temporary certificate of occupancy may be issued in conformance with § 154.03(J)(5) Temporary Certificate of Occupancy.
(Ord. 5-14, passed 3-17-2014; Am. Ord. 28-17, passed 11-20-2017)