(a) The intent of this chapter is to comply with the requirements of the Ohio Environmental Protection Agency (EPA) Permit No. OHQ000004: Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Storm Water Under the National Pollutant Discharge Elimination System (NPDES) by establishing standards to achieve a level of soil erosion and storm water control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth-disturbing activities involving one acre or more. Reduction of storm water discharges from construction activity disturbing less than one acre must be considered if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more.
(b) This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas, and all other land uses not specifically exempted.
(c) This subchapter does not apply to:
(1) Land-disturbing activities related to producing agricultural crops or agricultural operations regulated by Ohio Administrative Code (OAC) 1501: 15-3-01 to 1501: 15-309, Ohio Agricultural Sediment Pollution Abatement Rules.
(2) Existing strip mining operations regulated by Ohio R.C. Chapter 1513.
(3) Existing surface mining operations regulated by Ohio R.C. Chapter 1514.
(d) Final approval of a proposed development, redevelopment, street or utility project shall not be given unless:
(1) A determination is made by the Village Engineer based on submission of a Site Development Plan as detailed in Section 1050.52 that the proposed earth-disturbing activity will minimize accelerated runoff, erosion, and/or sediment.
(2) An SMP has been approved by the Village Engineer that determines that the proposed earth-disturbing activity will not cause accelerated runoff, erosion, and/or sediment.
(e) Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and an SMP provided they meet all of the following:
(1) Construction takes place on one parcel.
(2) The earth-disturbing activity does not affect more than one acre of the development site at a time.
(3) The activity is not located within a floodplain or floodway as identified by FEMA.
(4) The parcel is part of an overall development plan which has received approval of an SMP and the developer certifies that they will comply with said Plan.
(f) The development area is in compliance with the Environmental Protection Agency’s approved Total Maximum Daily Load (TMDL) allowances for each appropriate watershed.
(Ord. 2015-3-5. Passed 4-7-15; Ord. 2017-3-16. Passed 5-2-17; Ord. 2022-4-6. Passed 4-5-22.)