1290.01 Purpose and scope.
1290.02 Definitions.
1290.03 Disclaimer of liability.
1290.04 Conflicts, severability, nuisances and responsibility.
1290.05 Development of storm water pollution prevention plans.
1290.06 Application procedures.
1290.07 Compliance with state and federal regulations.
1290.08 Storm water pollution prevention plan.
1290.09 Performance standards.
1290.10 Abbreviated storm water pollution prevention plan.
1290.11 Fees.
1290.12 Bond.
1290.13 Enforcement.
1290.14 Violations.
1290.15 Appeals.
1290.99 Penalty.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Village of Walton Hills:
(b) This chapter will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(c) This chapter applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1290.01(d).
(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
The definitions contained in Ohio Environmental Protection Agency's (Ohio EPA) Construction General Permit entitled "Authorization for Stormwater Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied to this chapter, and the following definitions shall also apply:
(a) “Abbreviated Storm Water Pollution Prevention Plan (Abbreviated SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(b) “Acre.” A measurement of area equaling 43,560 square feet.
(c) “Best management practices (BMPs).” Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non- structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(d) “Community.” Throughout this regulation, this shall refer to Village of Walton Hills, its designated representatives, boards, or commissions.
(e) “Construction entrance.” The permitted points of ingress and egress to development areas regulated under this regulation.
(f) “Construction General Permit.” The most General National Pollutant Discharge Elimination System (NPDES) permit for authorization of stormwater discharges associated with construction activities issued by Ohio EPA (Ohio EPA's #OHC000005 and its successors).
(g) “Development area.” A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(h) “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
(i) “Drainage.”
(1) The area of land contributing surface water to a specific point.
(2) The removal of excess surface water or ground water from land by surface or subsurface drains.
(j) “Erosion.” The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(k) “Erosion and sediment control.” The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(l) “Final stabilization.” All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(m) “Landscape architect.” A professional landscape architect registered in the State of Ohio.
(n) “Larger common plan of development or sale.” A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(o) “Maximum extent practicable.” The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(p) “NPDES.” National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(q) “Parcel.” A tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a Permanent Parcel Number assigned by the Cuyahoga County Auditor's Office.
(r) “Person.” Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, County or State agency, the Federal government, other legal entity, or an agent thereof.
(s) “Phasing.” Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(t) “Professional engineer.” A professional engineer registered in the State of Ohio.
(u) “Professional wetland consultant.” An individual competent in botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(v) “Qualified inspection personnel.” A person knowledgeable in the principles and practice of erosion and sediment controls, who possesses the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.
(w) “Rainwater and Land Development Manual.” Ohio's standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(x) “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(y) “Sediment.” The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(z) “Sedimentation.” The deposition or settling of sediment.
(aa) “Setback.” A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil-disturbing activities in this area are restricted by this regulation.
(bb) “Soil-disturbing activity.” Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(cc) “Soil and Water Conservation District.” An entity organized under Ohio R.C. Chapter 1515, referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga SWCD.
(dd) “Stabilization.” The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(ee) “Stormwater Control Measures (SCM).” A structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCM's are a subset of Best Management Practices (BMP's) as defined in the Construction General Permit.
(ff) “Storm Water Pollution Prevention Plan (SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(gg) “Surface waters of the State.” All streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Ohio R.C. 6111.01 are not included.
(hh) “Unstable soils.” A portion of land that is identified by the Village Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(ii) “Water resource.” Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(jj) “Wetlands.” Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 C.F.R. 232, as amended).
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) Where this regulation is in conflict with other provisions of law or ordinance or requirements in the Construction General Permit, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of this chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This chapter shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)
(a) This chapter requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels of one acre or more and on which any regulated activity of Section 1290.01(c) is proposed.
(b) The following activities shall submit an Abbreviated Storm Water Pollution Prevention Plan:
(1) New single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(2) Additions or accessory buildings for single-family residential construction regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(3) All nonresidential construction on parcels of less than one acre.
(4) General clearing activities not related to construction and regardless of parcel size. If such activities disturb one acre or more, or are part of a larger common plan of development or sale disturbing one acre or more, an Ohio EPA Construction Site General Permit and a Storm Water Pollution Prevention Plan may be required.
(c) Activities disturbing one-tenth or less of an acre are not required to submit a Storm Water Pollution Prevention Plan or an Abbreviated Storm Water Pollution Prevention Plan, unless required by the Village Engineer. These activities must comply with all other provisions of this chapter.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) Soil-Disturbing Activities Submitting a Storm Water Pollution Prevention Plan. The applicant shall submit two sets of the SWP3 and the applicable fees to the Building Commissioner as follows:
(1) For subdivisions. After the approval of the preliminary plans and with submittal of the improvement plans.
(2) For other construction projects. Before issuance of a building permit by the Building Commissioner.
(3) For general clearing or demolition projects. Prior to issuance of a permit by the Building Commissioner.
(b) Soil-Disturbing Activities Submitting an Abbreviated Storm Water Pollution Prevention Plan. The applicant shall submit two sets of the Abbreviated SWP3 and the applicable fees to the Village as follows:
(1) For single-family home construction. Upon application for Planning Commission review.
(2) For other construction projects. Before issuance of a building permit.
(3) For other projects. Prior to issuance of a building permit.
(c) If requested by the Village Engineer, the Cuyahoga SWCD shall review the plans submitted under Section 1290.06(a) or (b) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions after receipt of the plan. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan.
(d) Soil-disturbing activities shall not begin and building permits shall not be issued without an approved SWP3 or Abbreviated SWP3.
(e) SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this chapter.
(f) Approvals issued in accordance with this regulation shall remain valid for one year from the date of approval.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
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