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The SWP3 must contain a description of the controls appropriate for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet the criteria established within the current Construction General Permit. BMP's must be designed, constructed, and installed to meet the specifications in the ODNR Rainwater and Land Development or another design manual acceptable to the Village of Walton Hills. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented, and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the Construction General Permit.
(a) Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment control practices must be maintained in a functional condition until all up slope areas they control reach final stabilization. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Village Engineer. When inspections reveal the need for repair, replacement, or installation of erosion and sediment control BMPs, the following procedures shall be followed:
(1) When practices require repair or maintenance. If an internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
(2) When practices fail to provide their intended function. If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten days of the inspection.
(3) When practices depicted on the SWP3 are not installed. If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(j) Final Stabilization. Final stabilization shall be determined by the Village Engineer. Once a definable area has achieved final stabilization, the applicant may note this on the SWP3 and no further inspection requirement applies to that portion of the site.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)
(a) In order to control sediment pollution of water resources and wetlands, the applicant shall submit an Abbreviated SWP3 in accordance with the requirements of this chapter.
(b) The Abbreviated SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) The Abbreviated SWP3 shall include a minimum of the following BMPs. The Village may require other BMPs as site conditions warrant.
(1) Construction entrances. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Rainwater and Land Development Manual.
(2) Concrete truck washout. The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be made available.
(3) Street sweeping. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 1.
Table 1: Stabilization
| |
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the State and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 14 days but less than one year, and not within 50 feet of a surface water of the State. | Within 7 days of the most recent disturbance within the area |
Disturbed areas that will be idle over winter | Prior to November 1. |
Areas at final grade | Within 7 days reaching final grade or within 2 days of reaching final grade for areas within 50 feet of a surface water of the state |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(5) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. Straw or hay bales are not acceptable forms of inlet protection.
(6) Silt fence and other perimeter controls: Silt fence and other perimeter controls approved by the Village of Walton Hills shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in the Construction General Permit.
(7) Internal inspection and maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24-hour period. Maintenance shall occur as detailed below:
A. When practices require repair or maintenance. If the internal inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
B. When practices fail to provide their intended function. If the internal inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended and the new control practice must be installed within ten days of the inspection.
C. When practices depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(8) Final stabilization. Final stabilization shall be determined by the Village Engineer.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)
The Storm Water Pollution Prevention Plan and Abbreviated Storm Water Pollution Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village upon application. The fee for Abbreviated Stormwater Pollution Prevent Plans is three hundred dollars ($300.00). Consult with Village Engineer for the fees for review, filing and inspection for Storm Water Pollution Prevention Plans.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) If a Storm Water Pollution Prevention Plan or Abbreviated Storm Water Pollution Prevention Plan is required by this chapter, soil-disturbing activities shall not be permitted until a cash bond of one thousand five hundred dollars ($1,500.00) for a single-family residential lot, or one thousand five hundred dollars ($1,500.00) per acre for subdivisions, has been deposited with the Building Department. The bond shall be posted to the Village to perform the obligations otherwise to be performed by the owner of the development area as stated in this chapter and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this chapter. The cash bond shall be returned, less Village administrative fees, after all work required by this chapter has been completed and final stabilization has been reached, all as determined by the Village Engineer.
(b) The bond will be retained until all areas disturbed by construction activity are permanently stabilized. Where vegetative growth is used to achieve permanent stabilization, the area shall comply with final stabilization requirements of the Construction General Permit.
(c) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the Village Engineer.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2022-12. Passed 11-15-22.)
(a) All development areas may be subject to external inspections by Village to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(b) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the Village may take action as detailed in Section 1290.14 of this chapter.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this chapter.
(b) Upon notice, the Building Commissioner and/or Village Engineer may suspend any active soil-disturbing activity for a period not to exceed 90 days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Building Commissioner and/or Village Engineer finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) Procedures.
(1) The Planning Commission as established by the Village shall hear and decide appeals from the requirements of this chapter.
(2) The Planning Commission shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Village Engineer in the enforcement or administration of this chapter.
(3) Those aggrieved by a decision of the Planning Commission or any taxpayer, may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Ohio R.C. Chapter 2506.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13.)
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation shall be subject to Section 202.99 Penalties of the Village of Walton Hills Codified Ordinances. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the Village instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2013-25. Passed 12-17-13; Ord. 2017-5. Passed 3-21-17.)