CHAPTER 950
Comprehensive Stormwater Management

950.01   Purpose and scope.

950.02   Definitions.

950.03   Disclaimer of liability.

950.04   Conflicts, severability, nuisances and responsibility.

950.05   Development of comprehensive stormwater management plans.

950.06   Application procedures.

950.07   Permits, fees and plan review process.

950.08   Compliance with state and federal regulations.

950.09   Comprehensive stormwater management plan.

950.10   Performance standards.

950.11   Alternative actions.

950.12   Easements.

950.13   Maintenance and final inspection approval.

950.14   On-going inspections.

950.15   Site grading and development fee schedule.

950.16   Installation of water quality stormwater control measures.

950.17   Violations.

950.18   Appeals.

950.99   Penalty.

950.01 PURPOSE AND SCOPE.

   (a)   The purpose of this regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the citizens of the City of Youngstown:

   (b)   This regulation requires owners who develop or re-develop their property within the City of Youngstown to:

      (1)   Control stormwater runoff from their property and ensure that all Stormwater Control Measures (SCMs) are properly designed, constructed, and maintained.

      (2)   Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.

      (3)   Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and groundwater are protected and flooding and erosion potential are not increased.

      (4)   Minimize the need to construct, repair, and replace subsurface storm drain systems.

      (5)   Preserve natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.

      (6)   Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.

      (7)   Reduce the expense of remedial projects needed to address problems caused by inadequate stormwater management.

      (8)   Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.

      (9)   Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the City of Youngstown's future expenses related to the maintenance and repair of stream crossings.

      (10)   Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.

   (c)   This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted.

   (d)   Public entities, including the State of Ohio, Mahoning County, and the City of Youngstown shall comply with this regulation for linear projects within public rights-of way (e.g. roadway and sidewalk projects).

   (e)   This regulation does not require a Comprehensive Stormwater Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the City of Youngstown Department of Public Works or Ohio EPA. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 952 Erosion and Sediment Control. (Ord. 22-344. Passed 9-21-22.)

950.02 DEFINITIONS.

   The definitions contained in Ohio Environmental Protection Agency ("Ohio EPA")'s Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" and Ohio EPA's Municipal Separate Storm Sewer (MS4) Permit entitled "Authorization for Small Municipal Separate Storm Sewer Systems to Discharge Stormwater Under the National Pollutant Discharge Elimination System" in effect at the time a permit is applied for under this chapter shall apply to this chapter and the following definitions shall also apply:

   (a)   ACRE: A measurement of area equaling 43,560 square feet.

   (b)   AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

   (c)   COMMUNITY: The City of Youngstown, its designated representatives, boards, or commissions.

   (d)   COMPREHENSIVE STORMWATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that sets forth the plans, practices, and SCMs to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.

   (e)   CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).

   (f)   CRITICAL STORM: A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1-year 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.

   (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)   DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.

   (i)   DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

   (j)   DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.

   (k)   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

   (l)   GRADING: The process in which the topography of the land is altered to a new slope.

   (m)   IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

   (n)   MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.

   (o)   POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (p)   PRE-CONSTRUCTION MEETING: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.

    (q)   PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

   (r)   PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.

   (s)   RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.

   (t)   SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

   (u)   SITE OWNER: 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 that is responsible for the overall construction site.

   (v)   SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.

   (w)   STORMWATER CONTROL MEASURE (SCM): A structure or area designed to remove pollutants from stormwater and/or reduce stormwater flow rates. SCMs are a subset of Best Management Practices (BMPs) as defined in the Construction General Permit.

   (x)   WATER RESOURCE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway 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 Section 6111.01 of the Ohio Revised Code are not included

   (y)   WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.

   (z)   WATERSHED: The total drainage area contributing stormwater runoff to a single point.

   (aa)   WETLAND: 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 CFR 232, as amended).

      (Ord. 22-344. Passed 9-21-22.)

950.03 DISCLAIMER OF LIABILITY.

   (a)   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 any particular parcel of property.

   (b)   By approving a Comprehensive Stormwater Management Plan under this regulation, the City of Youngstown does not accept responsibility for the design, installation, and operation and maintenance of SCMs. (Ord. 22-344. Passed 9-21-22.)