Erie County Engineer's Office

Storm Water Rules and Regulations (SWRR)
Version: October, 2008

 

Chapter One

General Provisions

 

Section 1.00 - Authority and Title

These rules and regulations have been developed under authority of chapter 307.79 of the Ohio Revised Code.

The official title of these rules shall be known as the “Erie County Stormwater
Management Rules and Regulations.” However, simply “Stormwater Rules and
Regulations” may be used as a short title.

Section 1.10 - Purpose

The Board of the Erie County Commissioners has adopted Stormwater Management Rules and Regulations to provide information to the general public on stormwater policy and design practices, assist developers, engineers, public officials, and county staff in the review and approval of development proposals. It is the purpose of this document to establish feasible and economically reasonable standards to achieve a level of management and conservation practices to prevent flooding, streambank erosion, and water quality degradation that may result from stormwater run-off in conjunction with non-farm earth-disturbing activities of development and redevelopment projects.

It is the specific intent of these rules and regulations to:

  1. Permit development without increasing downstream flooding, erosion or sedimentation.

  2. Reduce damage to receiving streams and impairment of their capacity, which may be caused by increases in the quantity and/or rate of water discharged.

  3. Reduce negative impacts to receiving streams and impairment of their EPA designated uses of water quality goals as stated in an approved TMDL report, which may be caused from run-off resulting from development and redevelopment projects.

  4. Establish a basis for the design of all storm drainage systems, which will preserve the rights and options of both the dominant and subservient property owners and help assure the long-term adequacy of storm drainage systems.

 

Section 1.20 - Applicability

These rules and regulations shall apply to all non-farm, earth-disturbing activities within the unincorporated areas of Erie County and those municipalities and villages that have duly adopted these regulations, (excepting those activities outlined in Section 1.30 of this text).

Section 1.30 - Scope

Stormwater Management Rules and Regulations shall apply to all non-farm earth-disturbing activities performed on the unincorporated lands of Erie County, Ohio except those activities as outlined in Chapter 307.79 of the Ohio Revised Code and as follows:

  1. Strip mining operations regulated under Chapter 1513.01 of the Ohio Revised Code.

  2. Surface mining operations regulated under Chapter 1514.01 of the Ohio Revised Code.

  3. Public transportation, utilities and drainage improvements or maintenance thereof undertaken by a government agency or political subdivision in accordance with a statement of their standard policies that have been approved by the Board of Erie County Commissioners or the Chief of the Division of Soil and Water Conservation.

  4. Earth disturbing activities involving less than 1,000 square feet.

 

Section 1.31 - Requirements

Residential

  1. Any entity performing an earth-disturbing activity on 1 residential or 1 acre lot is required to submit a Stormwater Management Erosion Control Permit Application (PA) and may be required to submit a drainage plan or a stormwater/erosion control plan. A determination as to what type of needed compliance practice will be made by the County Engineer’s Office representative (ECEO) upon review of the PA.

  2. Any entity performing an earth-disturbing activity, which will consist of 5 lots or more regardless of size, shall submit a PA and shall comply with the Erie County Subdivision Regulations (ECSR) currently in effect.

  3. Any entity performing an earth-disturbing activity, which will create a minor subdivision, shall submit a stormwater/erosion control plan with a PA. The plan shall be configured in plat form so that it can be recorded and shall contain the following:

    • Plan and profile of the storm sewer lines.
    • Plan and profile of the detention basin if required.
    • Design calculations and drawing details for water quality improvements.
    • Design calculations of all of the storm water management facilities.
    • A catch basin located such that each lot has access to it without trespassing on adjoining property.
    • Planned water quality improvement practices highlighted to meet specific water quality goals of project and schedule for implementation and maintenance.
    • Planned erosion control practices and schedule for implementation and maintenance.
    • Easements that cover the improvements and wording to allow access to the entire storm water management system for maintenance by any and all owners within the development the cost of which is borne by the individual(s) performing and/or requiring the maintenance/repairs.
    • A stamp and signature of the designing Professional Engineer (PE) licensed in the state of Ohio.

The improvements must be installed and the plat/plan recorded prior to any residential construction commencing unless all of the following conditions are met:

  1. The plat/plan has been recorded.

  2. Financial guarantees are in place and approved by the ECEO to cover all the costs of the stormwater/erosion control improvements.

  3. A contractor has been hired to install the improvements as per plan and has given written documentation to that effect.

 

Commercial/Industrial

  1. Any entity performing an earth-disturbing activity on a parcel of land with the intent of creating a commercial or industrial site is required to submit a PA and a detailed site plan with the following: Existing land grade elevations.

    • Proposed finished grade elevations.
    • Plan and profile of proposed storm sewers.
    • Plan and profile of proposed detention basins.
    • Design calculations and drawing details for water quality improvements.
    • Design calculations for all of the storm water management facilities.
    • A stamp and signature of the designing PE.
    • Planned water quality improvement practices highlighted to meet specific water quality goals of project and schedule for implementation and maintenance.
    • Planned erosion control practices and schedule for implementation and maintenance.

  2. Any entity performing a change on an existing commercial/industrial site shall submit PA and a detailed site plan. If the site lacks the required stormwater management system it shall be brought up to compliance. The same requirements from Item (a) shall apply. If the ECEO representative, upon appeal from the site engineer, determines that due to the conditions and latent circumstances with the site full compliance cannot be met then the ECEO representative shall define what goals must be met.

 

Section 1.32 - Waivers

In the event there is a proposed earth-disturbing activity that will not result in a net increase of volume or rate of runoff, the developer may submit a written waiver request to the County Engineer. This request must include sufficient data to determine that granting of the waiver will not violate the provisions of these regulations. However, water quality standards shall still be met should a waiver under this section be granted.


Section 1.40 - Plan Review

The ECEO shall review the stormwater management plan or drainage plan within thirty (30) days of receipt and indicate approval or disapproval to the applicant.

The notice of disapproval shall specify the deficiencies identified in the plan and the procedure for filing a revised plan. Earth-disturbing activities shall not begin until the deficiencies have been addressed and final approval has been issued.

The ECEO may review and comment on recommendations to the proposed plan from the Erie Soil and Water Conservation District (ESWCD) and the Erie Regional Planning Commission (ERPC). The ECEO shall be responsible for review and approval of all hydrological data and runoff calculations, as well as, design and construction inspection for all stormwater management facilities.


Section 1.41 - Permits

Permit Application (PA) forms will be made available in the Office of the Erie County Engineer. Preliminary information shall be sufficient for the ECEO to determine if a stormwater management or drainage plan is necessary and that the information demonstrates an effort to comply with these regulations. At a minimum the application shall include the following:

  1. Name, address and phone number of property owner or other person responsible for the activity.

  2. Location of the activity.

  3. Description of the activity including. Type of activity

    1. Area to be disturbed
    2. Area to be rendered permanently impervious
    3. Size of parcel or lot on which activity will occur
    4. Name of stream or tributary where stormwater discharge will occur.

  4. If it is determined that no plan is required, the County Engineer may require a signed statement that the responsible person will comply with these rules and regulations.

The ECEO will review the permit application and if no stormwater management plan or drainage plan is required, a permit will be issued within thirty (30) working days.

In the event that a plan is required, the permit will be issued upon approval of detail design, payment of required review and inspection fees and posting of required bonds.

 

Section 1.42 - Fees

Plan Review Fees

Upon approval of a stormwater management plan that involves construction of stormwater management facilities, the applicant shall submit design plan, quantities and itemized cost estimates for the project, prepared and stamped by a Professional Engineer to the ECEO for review and approval. A certified check in the amount of $100.00 or 0.50% of the cost estimate, whichever is greater, shall be made payable to the Erie County Engineer to offset the cost of plan review. Plans requiring resubmittal and additional review time may be charged on an hourly basis over and above the initial fee if the ECEO determines it is necessary due to the amount of additional review time needed

Permit Fees

The permit fee of $25.00 shall be paid to the Erie County Engineer when the permit is issued. The permit shall be issued upon final approval of the construction plans and payment of the review fee has been received.

No permit fee will be required for activities, which have been covered in an approved stormwater management plan (i.e. home construction on a lot in a subdivision with an approved stormwater management plan).

Field Inspection Fees

  1. All field inspection to assure construction is in conformance with the approved plans, shall be charged to the developer on an hourly basis. These fees shall be paid to the County Engineer.

    If the stormwater management facilities to be constructed are part of a subdivision developed under the “Subdivision Regulations and Improvement Standards for Erie County, Ohio” and inspection fees for the stormwater management facilities are included under said regulations then those provisions shall be utilized with the plan review fees determined as above.

  2. If the stormwater management facilities to be constructed are part of a subdivision being developed under municipal subdivision regulations, the Engineer of Jurisdiction is hereby authorized by the County Commissioners to review, inspect and enforce these regulations. The Engineer of Jurisdiction is further authorized to establish and to collect a fee to cover the costs of such services.

 

Section 1.43 - Financial Assurance

  1. The developer shall provide a 100% performance, or surety bond to guarantee the proper completion of the stormwater drainage facilities and control structures included in the approved plans. The sufficiency of the bond shall be approved by the ECEO and the County Prosecutor shall approve the bond as to form.

  2. Storm drainage facilities and control structures constructed as part of a subdivision under the Subdivision Regulations of Erie County the subdivision regulations shall apply. They shall be subject to the bonding requirements therein and these requirements shall be waived.

  3. If acceptable financial assurance can be demonstrated by use of another regulation, this section shall be waived.

  4. When the development requires public water supply, water service meters shall not be installed, nor water turned on until all drainage improvements, as shown on the approved construction plans, are installed, inspected and approved by the ECEO.

 

Section 1.50 - Inspection and Compliance

The Erie County Engineer or its designated representative shall inspect land disturbance activities to determine compliance with these rules and regulations. If it is determined that a violation of these rules and regulations exists, the ECEO or its designated representative shall notify the responsible person of the deficiencies or noncompliance construction shall cease until the issues are corrected. Should the developer disagree with the decision of the ECEO or its designated representative, an appeal can be filed with the Erie County Commissioners. If the requests of the County Engineer are not recognized and the Commissioners determines a violation exists, they shall file a written request with the Erie County Prosecutor’s Office to seek an injunction or other appropriate measure to assure compliance with these regulations. Relief granted through the court may require construction of additional control measures, as per Section 307.79 O.R.C.

With the submittal and approval of the plans, permission for ingress and egress is granted to the Erie County Commissioners and their appointed agency, the Erie County Engineer and its designated representatives for continuous inspection, as per Section 307.79 of the Ohio Revised Code.

Section 1.51 - Stormwater, Sediment, and/or Water Quality Complaint

Upon receipt of a complaint, the County Engineer’s Inspector shall inspect the site and follow the procedures as outlined in Section 1.50. Following the inspection, a report shall be filed with the County Commissioners and a copy shall be sent to complainant on findings.

During the complaint review, the County Engineer may request the assistance of the Erie Soil and Water Conservation District and the Erie Regional Planning Commission.

Section 1.52- Enforcement and Penalties

Section 307.79 of the ORC authorizes enforcement of these regulations. When violations and/or noncompliance have been determined and the owner/developer fails to take appropriate measures to come into compliance enforcement options shall be utilized as outlined in Section 307.09 of the ORC. This section provides for issuance of stop work orders and daily fines of up to five hundred dollars ($500.00) per violation.

Section 1.60 - Relationship to Subdivision Regulations

These rules and regulations are included in the Subdivision Regulations of Erie County. A subdivision plat prepared in conjunction with a stormwater management or drainage plan, shall include the necessary covenants and restrictions to assure compliance to these regulations and conformance to the approved stormwater management or drainage plan(s).

Section 1.61 - Severability

If any clause, section or provision of these rules and regulations are declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.