(a) Agricultural or residential ponds shall be designed by a registered landscape architect, or civil engineer. All design and plans must be reviewed and approved by the Planning Commission before a Zoning Certificate can be issued. Stormwater detention facilities must be designed by a registered engineer.
(b) The Building Inspector shall issue a Permit for construction of an agricultural or residential pond upon proper application and compliance with this section. The Building Inspector shall inspect the premises on which such pond is to be constructed and shall determine that the proposed construction is in compliance with Zoning Regulations after the location of the pond has been laid out on the parcel on which the pond is to be constructed but before construction begins. Applicant shall submit an accurate topographic map showing existing and proposed contours. This map shall be drawn to scale and prepared by a registered surveyor or engineer. Upon completion of construction and prior to the pond being filled with water, the applicant for the Permit shall notify the Building Inspector, who shall make a final inspection of the premises. The Building Inspector shall issue a Permit for use as a pond only after the Building Inspector has determined that the Zoning Regulations have been complied with. Application shall be accompanied by a five hundred dollar ($500.00) deposit for review. Stormwater detention basins which are part of a development plan will be required to meet the criteria established.
(c) In all cases, the construction of agricultural or residential ponds and stormwater detention basins which will be permanent water features, and the continued use thereof, shall be subject to compliance with the following guidelines and requirements:
(1) The pond shall be located no closer than one hundred (100) feet to any right-of-way side line, and no closer than fifty (50) feet to any side lot line or rear property line.
(2) The pond shall meet all requirements of the Soil and Water Conservation District.
(3) The overflow from either an embankment type or dugout type pond shall not impact the required field for any nearby on-site sanitary system.
(4) The creation of a pond shall not raise the ground water table through infiltration so as to render ineffective any on-site sanitary system or affect adjacent structures.
(5) The pond and overflow location shall not cause a hazard or nuisance to nearby residents.
(6) The pond shall not modify or adversely affect the drainage pattern of adjacent properties.
(7) The area(s) surrounding the pond shall be appropriately landscaped with grass and trees to aid in surface drainage and to minimize erosion. An erosion/sediment control plan must accompany the application.
(8) The pond shall not cause additional erosion, either on-site or on adjacent properties. Where required, all erosion/sediment control features shall be approved by OEPA.
(9) Minimum Size of recreational and agricultural ponds will be 100 feet by 50 feet of an acre in surface area. Minimum depth eight (8) feet in 25- 50% of the pond with maximum three (3) to one (1) side slopes. Wet detention basins will also be required to meet these size guidelines.
(10) Set Back Requirements will be a minimum of fifty (50) feet from all property lines and one hundred (100) feet from right-of-ways. This is measured from the high water mark of the pond, the outside toe (edge) of the embankment and the outside edge of the spoil disposal area. None of these three points can be closer than fifty (50) feet to the property line.
(11) Ponds will not be permitted in a Flood Plain or in the Roadway Fringe.
(12) Mounding of Spoil Material. Maximum heights are to be three (3) feet and the minimum top width is to be four (4) feet. Side slopes are to be no steeper than three (3) to one (1).
(13) Maintenance and liability for the pond is the responsibility of the landowner.
(14) Public utility requirements must be adhered to regarding both underground and overhead utilities. All adjacent utilities are to be shown on the plans.
(15) Wetlands shall not be disturbed without first obtaining the appropriate permits and approvals from Ohio EPA and Corps of Engineers (COE).
(16) Where a pond is proposed to be created on a stream, creek or other water conveyance feature, applicant shall provide a hydraulic analysis prepared by an engineer registered in the State of Ohio.
(17) For all ponds and wet detention basins, the applicant shall erect a six- foot high galvanized chain link fence around the entire perimeter of the detention basin unless the requirement of all or part of the perimeter fence is waived upon request by the owner of the subdivision by action of the Planning Commission prior to the issuance of any building permits for homes in the subdivision.
(18) To erect a four-foot high galvanized chain link fence around any control structure in excess of three feet in height if the said control structure is not inside the perimeter of the six-foot fence.
(Ord. 2005-2. Passed 2-28-05.)