(a) Performance Liability.
(1) No provision of this Section shall limit, increase or otherwise affect the liability of the applicant nor impose any liability upon City not otherwise imposed by law.
(b) No Release From Other Requirements.
(1) No condition of this permit shall release the applicant from any responsibility or requirement under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(c) Proceeding with Activity.
(1) Earth disturbing activities regulated under this regulation shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Stormwater Management Plans have been granted to the site owner or applicant.
(d) Performance Responsibility.
(1) The applicant is responsible for carrying out all provisions of the approved Site Development Plan and SMP (if applicable) and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspection by the City to ensure compliance with the approved Site Development Plan or SMP.
(2) After each inspection a status report shall be prepared and distributed to the appropriate person(s).
(3) If it is found that the operations are being conducted in violation of the approved Site Development Plan or SMP, a stop work order may be issued until the identified violations cease.
(4) After the issuance of a stop-work order provided for in this Subsection (e), but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the Director of Public Service and Safety or his designee to show cause why work should not be stopped. A hearing shall be scheduled at the time that a written request for such a hearing is made to the Director of Public Service and Safety or his designee.
(5) Following the issuance of a stop-work order, the Director of Public Service and Safety or his designee shall determine if and when the development may proceed. Any determination by the Director of Public Service and Safety or his designee pursuant to this section is a final order for purposes of judicial review.
(f) 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 earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the City shall apply.
B. The Authorized Agent(s) on behalf of the City may enter the site and make any modifications necessary to correct the situation involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the owner.
(2) The Authorized Agent(s) of the City may request the legal representative of the City to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this Section. 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 or any other relief the court determines.
(g) Internal Inspections.
(1) All controls on the site shall be inspected at least once every seven calendar days and within twenty-four (24) hours after any storm event greater than one-half inch of rain per twenty-four (24) hour period. The site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all stormwater control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three (3) years following the final stabilization of the site a record summarizing inspection, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site is in compliance with the SMP and identify any incidents of non-compliance.
(h) Ownership and Maintenance of Stormwater Facilities.
(1) In cases where a stormwater control facility is proposed on a single lot of private property, the City's Authorized Agent may approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the stormwater facility.
(2) In the case where a stormwater control facility is proposed involving multiple private lots, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the stormwater facility.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party responsible for the maintenance of all stormwater management facilities and practices including mowing, landscaping, debris pick-up, and requiring that all inlet and outlet structures are free of obstructions and in good repair.
1. For subdivisions, unless otherwise approved by the City, a responsible party shall be an entity of common ownership (e.g. Land/Homeowner's Association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the Land/Homeowners Association.
B. Prohibit alterations of all stormwater management facilities, when not authorized by the City's Authorized Agent.
C. Provide adequate access to all stormwater management facilities for inspection by the City's Authorized Agent(s) and corrective actions by the owner or the City.
(4) All stormwater management facility easements shall be on the final plat, prior to approval by the City and a reference shall be made to the entity or individual responsible for their maintenance.
(5) The owner or developer shall submit a set of as-built plans of all stormwater facilities and improvements to the City.
(6) The City's Authorized Agent may require the owner or the permittee to follow the maintenance procedure outlined in Chapter 6131.63 of the Ohio R.C. The City's Authorized Agent may require the owner and/or applicant any one or all of the following prerequisites:
A. That the maintenance procedures benefit two or more property owners.
B. That the maintenance procedures are designed for cost effective maintenance.
C. That the maintenance procedures are determined by the City's Authorized Agent to be appropriate additions to this jurisdiction's existing storm drainage system.
D. That the maintenance procedures are not better suited for private maintenance by an individual or group of property owners, with ultimate responsibility for maintenance in the event of default on the part of the owners remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the City's Authorized Agent(s) prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the City's Authorized Agent(s) drainage easements shall be no less than ten (10) feet wide, plus the width of the stormwater facility.
C. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction - "Any lot 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 will be allowed without the approval of the City's Authorized Agent. Maintenance of the drainage easement area, stormwater control facility, and ditches shall be the responsibility of the owner of the lot on which these facilities or ditches are located."
D. Sheds shall not be built in drainage easements. Landscaping mounds or other obstructions to the flow of water shall not be built in drainage easements. Fences shall not be built perpendicular to the flow of water, through a drainage easement. Grass clippings or debris shall not be permitted to accumulate in drainage easements.
(i) Complaints. The City's Authorized Agent(s) shall investigate any complaint related to earth disturbing activities covered by this Section.
(Ord. 73-2021. Passed 1-18-22.)