Erie County Engineer's Office

Storm Water Rules and Regulations (SWRR)
Version: December, 1994

Chapter One

General Provisions

Section 1.10 - 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 1.20 - Purpose

The Board of the Erie County Commissioners has adopted Stormwater
Management Rules and Regulations to establish feasible and economically
reasonable standards to achieve a level of management and conservation
practices which will abate erosion of the soil and abate the degradation of the
waters of the state by soil sediment in conjunction with non-farm, earth-disturbing activities.  It is further intent of these rules and regulations to:
a.  Permit development without increasing downstream flooding, erosion or
     sedimentation.
b.  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.
c.  Establish a basis for the design of all storm drainage systems which will
     preserve the rights and options of both the dominant and servient property
     owners and help assure the long term adequacy of storm drainage systems.
 

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:
a.  Strip mining operations regulated under Chapter 1513.01 of the Ohio
     Revised Code.
b.  Surface mining operations regulated under Chapter 1514.01 of the Ohio
     Revised Code.
c.  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 District.
d.  Earth disturbing activities involving less than 1,000 square feet.
 

Section 1.31 - Requirements

a.  Any person performing any non-farm, earth-disturbing activity that disturbs
     20,000 square feet or more on five or more contiguous acres of land
     owned by one person or operated as one development unit shall be
     required to file a Stormwater Management Plan and obtain a Stormwater
     Management Permit.
b.  Any person performing any non-farm, earth-disturbing activity that disturbs
     20,000 square feet or more on less than five contiguous acres of land
     owned by one person or operated as one development unit is required to
     submit a Drainage Plan and obtain a Stormwater Management Permit,
     and may be required to submit a Stormwater Management Plan.
c.  Any person performing any non-farm, earth-disturbing activity that disturbs
     less than 20,000 square feet is required to obtain a Stormwater
     Management Permit, but is not required to submit a Drainage Plan or a
     Stormwater Management Plan. However, all non-farm, earth-disturbing
     activities are not exempt from compliance with all other criteria as outlined
     in this text and the Erie County Engineer can be consulted to determine
     what type of controls are necessary to comply with these rules and
     regulations.
d.  In the event that a subdivision/development is constructed in phases, then
     the entire subdivision/development size shall determine whether a, b, or c
     pertains.

Section 1.32 - Waivers

It is conceivable that earth-disturbing activities not automatically subject to
exemptions by Section 1.30 may exist such that the submission of a Stormwater Management or Drainage Plan serves no real purpose. Such activity shall be eligible for a waiver from the requirement of submitting a Plan and/or other requirements of this text.  To obtain a waiver, the developer shall submit a written request to the Erie County Engineer. This request shall include sufficient data to determine that granting a waiver will not result in excessive stormwater runoff or rate of runoff.

Section 1.40 - Plan Review

The Erie County Engineer shall review the Stormwater Management Plan or
Drainage Plan within thirty (30) days of receipt and indicate his approval or
disapproval to the person who filed the plan. Indication of disapproval shall
include the plan deficiencies and the procedure for filing a revised plan. Pending
preparation and approval of a revised plan, earth-disturbing activities shall not be allowed until the deficiencies have been properly addressed.  During the plan review, the Erie County Engineer may request recommendations pertaining to the proposed plan from the Erie County Soil and Water Conservation District and the Erie Regional Planning Commission. The Erie
County Engineer shall be responsible for review and approval of all hydrological
and runoff calculations, as well as, design and construction inspection for all
stormwater management facilities.

Section 1.41 - Permits

Permit Application Forms will be made available in the Office of the Erie County
Engineer. Information required will be sufficient for the Erie County Engineer to
determine if a stormwater management or drainage plan is necessary and that
the developer intends 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.
     a.  Type of activity
     b.  Area to be disturbed
     c.  Area to be rendered permanently impervious
     d.  Size of parcel or lot on which activity will occur
4.  If no plan is required, a signed statement that the responsible person will
     comply with these rules and regulations.
The Erie County Engineer will review the permit application and if no Stormwater Management Plan or Drainage Plan is required, issue a permit 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 inspection fees and posting of required bonds.
 

Section 1.42 - Fees

A.  Permit Fees
     Permit fees in the amount fixed by resolution of the Board of Commissioners of Erie County, Ohio shall be paid to the Erie County Engineer’s office when a permit is issued.  No permit fee will be required for the following:
     1.  Non-farm, earth-disturbing activities which have been provided for in an
          already approved stormwater management plan (i.e. home construction
          on a lot in an approved subdivision with an approved stormwater
          management plan).
B.  Plan Checking and Field Inspection Fees
     The person who obtains a Stormwater Management permit upon approval
     of a Stormwater Management Plan or Drainage Plan, which involves design
     and construction of Stormwater Management Facilities, shall submit design
     plans, quantities and itemized cost estimates for the facilities, prepared by a
     Professional Registered Engineer to the Erie County Engineer for review and
     approval. A certified check in the amount of $100.00 plus 0.50% of the
     construction cost estimate shall be paid to the Erie County Engineer to  
     offset the cost of plan review. The check shall be made out to the Erie 
     County Engineer.
Plans requiring submittal and additional review time will be charged on an hourly basis over and above the initial fee. All field inspection of the construction to assure its conformance with the plans, shall be charged on an hourly basis and paid to the Erie County Engineer. If the Stormwater Management Facilities to be constructed are part of a subdivision being developed under the “Subdivision Regulations and Improvement Standards for Erie County, Ohio” and the Filing, Plan Review and Inspection Fees for Stormwater Management Facilities are included under Section 600 of said regulations then this provision of the Stormwater Management Regulations shall run in concurrence with them. 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 within subdivisions being developed under Municipality’s Subdivision 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 - Assurance of Completion

The assurance of completion of the stormwater drainage facilities and control
structures included in a Stormwater Management Plan or Drainage Plan which
has been developed and approved under these regulations shall be satisfied by the furnishing of a 100% performance, or surety bond. The County Engineer
shall approve the sufficiency of the bond and the County Prosecutor shall
approve the bond as to form. Storm drainage facilities and control structures that are being constructed as part of a subdivision subject to the Subdivision Regulations of Erie County shall be considered as an improvement under Article V Improvement Requirements and Specifications. As such they shall be subject to the bonding requirements therein and this section of the Stormwater Management Regulations shall be waived. If it can be shown that assurance of completion is being provided through another regulation of this county or its subdivisions, this section of the Stormwater Management Regulations shall be waived.  When the development requires Erie County water, water service meters shall not be installed, nor water turned on until all drainage improvements, as approved on the construction plans, are in place, final inspected and approved by the County Engineer’s Department.

Section 1.50 - Inspection and Compliance

The Erie County Engineer or his designated representative shall inspect land
disturbance areas to determine that these rules and regulations are being
complied with. If it is determined that a violation of these rules and regulations
exists, the responsible person shall be notified of the deficiencies or
noncompliance by the Erie County Engineer or his representative at the site and in deficiency or noncompliance shall be corrected or construction shall cease until the problem is corrected. If there is a disagreement by the owner/developer he may appeal to the Erie County Commissioners. If the Board of County Commissioners determines a violation exists, they shall request the Prosecuting Attorney of Erie County, in writing, to seek an injunction or other appropriate relief to secure compliance with these rules and regulations if the county Engineers’ orders are ignored. In granting relief through the court, it may order the 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 or their appointed agency, the Erie County Engineer’s Inspector for continuous inspection, as per Section 307.79 of the Ohio Revised Code.
 

Section 1.51 - Stormwater and Sediment Complaint

Upon receipt of a complaint, the Erie County Engineer’s Inspector shall inspect
the site and follow the procedures as outlined in Section 1.50. He shall also file a report with the County Commissioners and a copy sent to complaintant on his
findings.  During the complaint review, the Erie County Engineer may request
recommendations from the Erie County Soil and Water Conservation District and the Erie Regional Planning Commission.
 

Section 1.60 - Relationship to Subdivision Regulations

Many stormwater management techniques conflict with traditional urban
subdivision requirements (i.e. stormwater can often be better managed in open
grassed waterways while subdivision regulations often require that the water be collected and carried away in underground pipes).  If a stormwater management plan or drainage plan developed under these regulations is in conflict with requirements of the Erie County Subdivision Regulations, a variance may be made to the Erie County Subdivision Regulations by the Erie Regional Planning Commission where it is determined that such exception will enhance the management of stormwater and not be detrimental to the health, safety and general well being of life and inhabitants within the 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.

Section 1.61 - Severability

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