| PREAMBLE (Statement
of intent)
The following regulations and procedures
have been enacted specifically to help eliminate, or at least minimize
creation of new or aggravation of existing sensitive land areas and
formations within unincorporated Hamilton County, either known or not
known, through control of earth disturbing activities which have an effect
on the stability of hillsides and slopes and which may cause hazardous
erosion, sedimentation and associated problems.
1.00 PURPOSE, SCOPE AND
ENFORCEMENT
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1.10 TITLE
These regulations shall be cited as the
Hamilton County Earthwork Regulations and are hereinafter referred to as
'These regulations".
1.20 STATUTORY AUTHORIZATION
This Resolution of Hamilton County is
adopted in accordance with and pursuant to the legal grant of authority of
Article XVIII, Section 3 of the Ohio constitution (Ohio Revised Code
307.79) to adopt rules to abate soil erosion and water pollution by soil
sediment and other associated problems.
1.30 PURPOSE
The Board of Hamilton County Commissioners
adopts these Regulations to prevent a hazard, safeguard life, limb,
property and the public welfare, to preserve the natural environment of
unincorporated Hamilton County as it relates to the stability of hillsides
and slopes, and to control erosion and sedimentation by the regulation of
earth-disturbing activities, excavating and filling of land, by means not
limited to:
- A. permitting development while keeping
downstream flooding, erosion and sedimentation at existing levels;
- B. reducing damage to receiving streams
which may be caused by increases in quantity and/or rate of water
discharged and impairment of their capacity which may be caused by
sedimentation; and
- C. protecting the stability of sensitive
slopes.
1.40 SCOPE
These regulations shall apply to all non-farm earth-disturbing activities
performed on unincorporated lands of Hamilton County, Ohio, except those
activities excluded in R.C. 307.79 as follows:
- A. Strip mining operations regulated
under Section 1513.01 R.C.
- B. Surface mining operations regulated
by Section 1514.01 R.C.
- C. Public highways, transportation and
drainage improvements or maintenance thereof undertaken by a government
agency or political subdivision provided that its standard sediment
control policies have been approved by the Board of Hamilton County
Commissioners or the Chief of the Division of Soil and Water
Conservation and the applicable sediment control policies are no less
restrictive than these regulations.
1.50 DISCLAIMER OF, LIABILITY
Neither submission of a plan under
provisions of these regulations nor compliance with provisions of these
regulations shall relieve any person from responsibility for damage to any
person or property otherwise imposed by law; nor shall it create a duty by
the Board of Commissioners of Hamilton County or the Hamilton County Soil
and Water Conservation District to those impacted by soil sediment
pollution.
1.60 SEVER ABILITY
If any clause, section or provision of
these regulations is declared invalid or unconstitutional by a court of
competent jurisdiction, validity of the remainder shall not be affected
thereby.
1.70 ENFORCEMENT
These regulations shall be enforced by the
Earthwork Section of the Hamilton County Soil and Water Conservation
District. This enforcing agency shall have no authority for enforcement
where these or similar regulations are enacted pursuant to Section 1.40 of
these regulations. Enforcement in such cases shall be by the adopting
agency or its designated representative.
The Administrator of the Hamilton County
Soil and Water Conservation District shall be designated as the Enforcing
Official for these regulations. Staff members of the Hamilton County Soil
and Water Conservation District and the Hamilton County Department of
Public Works shall be designated representatives of the Enforcing
Official.
The Enforcing official is charged with the
administration of these regulations, as follows:
- Administration of plan examination,
including the same, performed under contract by private Geotechnical
firms;
- Intake and processing of all permit
applications, including plan examination, and issuance of the proper
permits located at the office of the Hamilton County Department of
Public Works.
- Field inspection of the work under
permit to ensure continual compliance with approved documents; all
enforcement activities and procedures to ensure proper completion of the
work as documented and approved.
2.00 DEFINITIONS
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For the purpose of these regulations,
certain rules or work usage apply to the text as follows:
- A. Words used in the present tense
include the future tense and the singular includes the plural, unless
the context clearly indicates the contrary.
- B. The term "shall" is always mandatory
and not discretionary; the word "may" is permissive. The' term "should"
is permissive, but indicates strong suggestion.
- C. The word or term not interpreted or
defined by this article shall be construed according to the rules of
grammar and common usage so as to give these regulations their most
reasonable application.
- D. For the purpose of these regulations,
the words and phrases defined below shall have the meanings respectively
ascribed to them, unless a different meaning is clearly indicated by the
context.
- E. Also, see Glossary in standard listed
in Section 14.10.
AFFECTED EXISTING TERRAIN
That area of existing land surrounding a
work area which may be influenced or impacted by the earthwork operations
in the work area; may be located on the same site as the work area and/or
on adjacent site (s).
AGRICULTURE
The science, art and business of
cultivating soils, producing crops and raising livestock, per Section
902.01 Ohio Revised Code.
BOND
Surety bond issued by a corporate surety
authorized to do business in the State of Ohio which bond shall be
executed by the owner and the surety; may also include a cash deposit with
the County, an irrevocable letter of credit in favor of the County and
issued by a bank, or direct obligations of the United States of America
deposited with the County.
BORROW MATERIAL
Earth material for grading purposes
acquired from an offsite location.
CHANNEL
Means a natural stream that conveys water;
a ditch or channel excavated for the flow of water.
COMPACTION
The densification of earth materials when
creating a fill by mechanical or other approved means.
CONTINUING OPERATION
- 1) A project executed progressively from
start to finish without interruption; or
- 2) A series of small isolated grading
operations done concurrently or intermittently involving the movement of
earth material within the same site.
DESIGNER
An architect or professional engineer,
registered to practice in the State of Ohio, and as specifically defined
in these regulations.
DEVELOPMENT AREA
Means any contiguous (abutting) area owned
by one person or operated as one development unit and used or being
developed for non-farm commercial, industrial, residential or other
non-farm purposes upon which earth-disturbing activities are planned or
underway.
DISTRICT
Means a soil and water conservation
district, organized under Chapter 1515 of the Ohio Revised Code.
DITCH
Means an excavation either dug or natural
for the purpose of drainage or irrigation with intermittent flow.
DRAINAGE COURSE
A system of well defined natural or
man-made facilities (such as one or more contiguous swales, valleys,
streams, pipes or conduits) to continuously or intermittently convey
runoff.
DRAINAGE WAY
Means an area of concentrated water flow
other than a river, stream, ditch or grassed waterway.
DUMPING
Means grading, pushing, piling, throwing,
unloading or placing.
EARTH WORK
Operations involving the excavating or
filling of land using earth materials.
EARTH-DISTURBING ACTIVITY
Means any grading, excavating, filling or
other alteration of the earth's surface where natural or man-made ground
cover is destroyed and which will have an effect on the stability of
hillsides and slopes and contribute to erosion and sediment pollution.
EARTH MATERIAL
Means soil sediment, rock, sand, gravel and
organic material or residue associated with or attached to the soil; any
non-deleterious rock, natural soil or
combination thereof.
ENFORCING OFFICIAL
That person and designated representatives
charged with administration and enforcement of these regulations (see
Section 1.70).
ENGINEERING GEOLOGIST
An individual trained and having local
experience in the application of the principles and methods of geology to
civil engineering works, and who meets the requirements for full Member
status in the Association of Engineering Geologists (AEG).
EROSION
The wearing away of earth materials, either
surface or subsurface, by the actions of water, wind, ice, gravity or a
combination thereof.
EXCAVATION
Any mechanical act by which earth materials
are removed, displaced or relocated, including the conditions resulting
there from.
EXISTING REGULATION
Those regulations currently enforced by the
Hamilton County Soil and Water Conservation District and applicable
provisions of the Water Management and Sediment Control For Urbanizing
Areas Handbook of the U.S. Soil Conservation Service.
EXISTING TERRAIN
The condition prior to any proposed land
disturbance.
EXPLORATORY EXCAVATION
Temporary excavation for gathering of
technical data, which is not made in connection with any permanent
construction.
FILL
The deposit of earth materials by
mechanical means, including the conditions resulting there from; includes
both uncontrolled and engineered fills,, but does not include building
backfill.
GRADING
Any excavating, filling or combination
thereof.
GRASSED WATERWAY
Means a broad or shallow natural course or
constructed channel covered with erosion-resistant grasses or similar
vegetative cover and used to conduct surface water.
HAZARD
Any earth condition of considerable
consequence to any property, or to public health and safety, which has
been established through experience to be of certain or probable
consequence, or which can be determined to be, or which is obviously a
threat to property or public health and
safety, including but not limited to conditions which cause inadequate
drainage, erosion, sedimentation, disruption of the sewer system, slope
stability problems or imposition of unsafe loads on structures or slopes.
INSTABILITY
A state of disturbed slope equilibrium,
identified through observation, measurement, analysis, or experience,
which is of probable immediate or long-term consequence.
LANDSLIDE
Means the rapid downward and outward-
movement of large rock material and/or soil mass under the influence of
gravity in which the movement of the soil mass occurs along an interior
surface of sliding.
MONITORING
Site inspections during performance of
construction work and upon completion, to determine compliance of the
grading with the Geotechnical design and permit requirements or in the
case of a complaint registered with the Enforcing Official.
OWNER
The person or persons shown in the County
Recorder's records as owner of the property, any agent of the owner or any
person in current control of the property.
PERSON
Means any individual, corporation,
partnership, joint venture, agency, unincorporated association, municipal
corporation, county or state agency, the federal government or any
combination thereof.
PLANS AND SPECIFICATIONS
The contract documents describing the
minimum acceptable criteria for the work which is to be performed.
PUBLIC WATERS
Means water within rivers, streams, ditches
and lakes except private ponds and lakes wholly within single properties
or waters leaving property on which surface water originates.
QUALIFIED GEOTECHNICAL ENGINEER
A registered Ohio Professional Engineer
experienced in the application of the principles of Geotechnical
Engineering (Soil Mechanics) in the investigation, evaluation and design
of civil works involving the use of earth materials and the inspection and
testing of the construction thereof. One example of a qualified
Geotechnical Engineer is one identified in the approved List of Recognized
Geotechnical Engineers submitted by the Geotechnical Committee of the
Cincinnati Section of ASCE.
REGISTERED
ARCHITECT
An individual licensed in the State-of Ohio
to practice in the
field of architecture, pursuant to Sections
4703.01 to 4703.19 of the Ohio Revised Code.
REGISTERED PROFESSIONAL ENGINEER
An individual licensed in the State of Ohio
to practice in the field of engineering, pursuant to Sections 4733.01 to
4733.23 of the Ohio Revised Code.
REGISTERED SURVEYOR
An individual licensed in the State of Ohio
to practice in the field of surveying, pursuant to Sections 4733.01 to
4733.23 of the Ohio Revised Code.
RUNOFF
Water which moves over the ground surface.
SEDIMENT
Means solid material both mineral and
organic, that is in suspension, is being transported or has been moved
from its site of origin by wind, water, gravity or ice, and has come to
rest on the earth's surface above or below sea level.
SEDIMENT BASIN
Means a barrier, dam-or other suitable
detention facility built across an area of water flow to settle and retain
sediment carried by the runoff waters.
SEDIMENT CONTROL PLAN
Means existing regulation, acceptable to
the approving agency of methods for controlling sediment pollution from
accelerated erosion on a development area of five or more contiguous acres
or from erosion caused by accelerated runoff from a development area of
five or more contiguous acres.
SEDIMENT POLLUTION
Means failure to use management or
conservation practices to abate the degradation of the waters of the state
by soil sediment in conjunction with land grading, excavating, filling or
other soil disturbing activities on land used or being developed for
non-farm commercial, industrial, residential or other non-farm purposes.
SEDIMENTATION
The process of accumulation of earth
materials resulting from erosion.
SITE
Any lot or parcel of land, or contiguous
combination thereof, under the same ownership, where grading is performed
or permitted.
SLOUGHING
Means a slip or downward movement of an
extended layer of soil resulting from the undermining action of water or
the earth disturbing activity of man.
SOIL LOSS
Means soil relocated on or removed from a
given site by the force of erosion and the redeposit of the soil at
another site on land or in a body of water.
STABILITY
A state of slope equilibrium, identified
through observation, measurement, analysis or experience which affords an
adequate margin of safety against immediate or long-term development of
instability.
STORM FREQUENCY
The average period of time within which a
storm of a given duration and intensity can be expected to be equaled or
exceeded.
STREAM
Means a body of water running or flowing on
the earth's surface or channel in which such flow occurs. Flow may be
seasonally intermittent. natural or mechanical measures which control
owing surface water to flow.
TEMPORARY
An impermanent condition during the
progress of work utilized for the shortest period of time practicable
immediately prior to bringing the work into full compliance with these
regulations.
TOPSOIL
Means surface and upper surface soils which
presumably are darker colored, fertile soil materials, ordinarily rich in
organic matter or humus debris.
VEGETATIVE ESTABLISHMENT
The planting and growth of selected
grasses, ground cover, trees and shrubs as necessary to control erosion.
WORK AREA
A SPECIFICALLY indicated area of land on
which earthwork operations are under permit; may be a portion of a site or
the entire site, depending on the topography.
3.00 PERMITS AND
'EXEMPTIONS
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3.10
No property owner shall cause or allow any
earth-disturbing activity, excavating or filling which does not conform
with these regulations. A Permit is
required for all such work.
EXEMPTED WORK: he
following do not require a permit:
A. Any excavation for a basement of a
building, or other structure, either privately or publicly owned,
authorized by a valid building permit, provided:
1) The excavation does not exceed:
- a) 12 feet in vertical depth at its
deepest point; or
- b) One (1) cubic yard per each eleven
(11) square feet of work area; and
2) the excavation is made within an area
described as the upper 25% of the vertical distance between the top of
slope and toe of slope with a slope not greater than four horizontal to
one vertical (4:1), or in the lower 75% of the vertical distance between
the top of slope and toe of slope with a slope not greater than five
horizontal to one vertical (5:1); and
B. The subsequent filling of this excavated
material on the same site, provided:
1) The fill, excluding building backfill
material, does not exceed:
- a) 5 feet in vertical depth at its
deepest point; or
- b) One (1) cubic yard per each eleven
(11) square feet of work area; and
2) the fill is placed on site area with a
slope not greater than five horizontal to one vertical (5:1) and
3) the fill does not result in a finished
slope steeper than three horizontal to one vertical (3:1).
C. Grading of land for the purpose of
agriculture.
D. Temporary excavations for underground
utility lines, wells, tunnels, tanks, vaults or sign foundations.
E. Public work performed by or under
control of any governmental agency, work with street right-of-way or
easements, except for ancillary excavating or filling for the project
which is performed outside the project limits. Provided such operations do
not cause instability of any adjacent or contiguous property and
applicable sediment control policies are no less restrictive than these
regulations.
F. Exploratory excavations under the
direction of a qualified Geotechnical engineer, engineering geologist,
contractor or builder.
All such excavations shall be promptly
backfilled and restored to the existing terrain.
G. Normal cemetery operations involving
opening or closing graves.
H. operations involving refuse disposal,
mining, quarrying, processing and stockpiling of soils or rock materials
where controlled by other regulations, provided such operations do not
cause instability of any adjacent or contiguous property.
1. Any other excavation or fill that:
1) does not exceed:
- a) 5 feet in vertical depth; or
- b) One (1) cubic yard per each fourteen
(14) square feet of work area; and
2) is made within an area with a slope no
steeper than five horizontal to one vertical (5:1); and
3) does not result in a finished slope
steeper than four horizontal to one vertical (4:1); and
4) does not necessitate any adjustment,
relocation, addition or other modification to any existing storm sewer
system.
3.20
A permit shall be required where a
succession of small excavations or fills, individually not requiring a
permit, constitutes a continuing operation and the accumulation of such
excavations or fills will exceed;
- a) an average 5 feet in vertical depth;
or
- b) an average 350 cubic yards per each
5000 square feet within the area of excavation.
3.30
A permit shall be required in all cases
where grading is proposed on existing terrain showing visible evidence of
active or dormant land sliding.
3.40
Any excavating or filling performed
pursuant to the exemptions in Section 3.10 (A through I) hereof, which
creates a hazard (as defined in Section 2.10) shall be pursued subject to
the provisions of these regulations as they relate to the specific hazard.
4.00 PERMIT
LIMITATIONS
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4.10
Earthwork permits shall be valid for one
year from the date of issuance. However, two renewals, which shall be
valid for one year periods, may be granted upon written application made
prior to the expiration of the permit.
4.20
Work stopped or abandoned by the owner in
an incomplete manner for a period of one (1) year after the renewal
periods provided herein shall cause the permit to become-invalid. The
Enforcing official shall require of the owner all necessary precautions to
ensure that the incomplete work does not become a hazard or-a nuisance.
5.00 ISSUANCE OF BUILDING
PERMIT
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5.10 No building permit shall be issued
within the work area until the development Earthwork Regulation permit
holder has complied with the applicable provisions of these regulations
including Section 10.00. The Enforcing official shall send notice of such
compliance as required in Section A4 of the Hamilton County Building Code.
6.00 PLANS AND
SPECIFICATIONS
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6.10
The owner shall submit, with the
application for permit, plans and specifications for the proposed work.
A. The plans and specifications shall be
prepared by a registered professional Designer. The basis for such plans
shall be a field topographic survey by a registered surveyor.
The Designer is responsible for the
compliance of the project with these regulations. Documentation indicating
compliance with all applicable sections of these regulations may be
combined with other compliance documentation for other regulations, such
as the building code, provided that the requirements of each regulation
are met.
The development plan, as produced by a
Designer, shall be accepted as a professional document. The responsibility
for proper and correct designs and document preparation lies with the
Designer.
The Designer is responsible for selecting
and developing the appropriate earthwork principles, techniques, methods,
operations and work sequences to meet the objectives, guidelines and
requirements of these regulations as they apply to the project under
consideration.
Responsibility for the content and accuracy
of the documents, both preliminary and final, lies with the Designer, in
accord with Chapter 4703 ORC and Sections 4703-1-09 (D) and (E) (1) OAC
for Architects and Chapter 4733 ORC and Sections 4733-23-01 (A) and (C)
OAC for Engineers and Surveyors.
B. The Designer, in developing the design
and documents, shall take into consideration general guidelines and
standards, including but not limited to:'
1) Identify, in the preliminary phase,
on-site and off-site areas vulnerable to erosion and sediment damage.
2) Show on preliminary engineering
documents temporary and permanent methods, features and facilities to
control runoff as required under existing regulation.
3) At the commencement of earth
movement, prepare and install erosion control measures and features, as
indicated on the approved drawings, to prevent the effect of
erosion on the project site and surrounding properties.
4) Limit earth disturbing operations to
only those areas involved in the construction activities.
5) Retain and utilize as much existing
vegetation as possible to slow water runoff.
6) Preservation of existing trees,
shrubs and other plant life is strongly encouraged.
7) Protect trees around the perimeter
of the construction to prevent root, trunk and branch injury or
dismemberment.
8) The smallest practical area of land
shall be exposed or denuded at any one time, consistent with the
construction operation.
9) Control runoff originating upgrade
from the construction site to minimize flow over the construction site as
required under existing regulation.
10) The installation of the erosion and
sediment control system shall be done progressively as the project is
constructed. Where slow growing or dormant seasons occur, utilize
alternate or temporary solutions as required under existing regulations.
11) Construct earth berm type
siltration traps, with straw bales around the downhill slope perimeter of
the project site as required under existing regulations.
12) Contractor shall inspect all
erosion control devices after every erodable rain and make necessary
repairs or clean up material to maintain effectiveness of control devices
within a reasonable period of time.
13) Stabilization of graded areas shall
be done as soon as possible after construction. Temporary seeding and
mulching shall be provided where and when stabilization is designated on
the plan.
14) Remove erosion control devices upon
stabilization of all disturbed areas or upon completion of the project,
whichever comes first.
15) Methods of erosion, sediment and
storm water runoff control, other than those required under existing
regulation, will be considered on individual merit, but must be submitted
for approval prior to use/installation. The same holds true for revisions
in the control plan, changes in the operations or construction or other
unforeseen conditions.
16) No required control shall be
removed during the permit period without approval of the Designer and the
Enforcing Official.
C. Review of the documents by the Enforcing
Official shall utilize the same guides and standards, but shall be limited
to ensuring compliance with these regulations, the reference standards and
the procedures of the County. Comments developed during the review will be
limited to discrepancies, inaccuracies, lack of information, questions of
scope, items of noncompliance, and the like; there will be no
recalculation or redesign of any portion of the project by the reviewer.
D. The Enforcing official shall issue a
permit for earthwork operations solely on the basis of those plans and
specifications approved by the Enforcing Official. The Enforcing Official
shall be satisfied that the proposed excavation and/or fill or other
operations will not cause a hazard, before a permit authorizing the
excavation and/or fill shall be issued.
E. The approved plan shall be enforced by
the enforcing agency, and all work noted on said plan in the
specifications or required to accomplish such plan/design shall be
required and performed in accord with said approved plan. All
discrepancies shall be considered violations of these regulations and
processed as such by the enforcing agency.
F. The plans and specifications submitted
with the permit application shall contain:
1) The Earthwork Regulation permit
applicant's name and address;
2) A plan, drawn to scale, showing
location and limits of the proposed work area(s), property lines, and all
easements; with adequate details;
3) Existing and proposed elevations of
the work area by contours at five foot maximum intervals;
4) Location and extent of visibly
evident excavations or fills, slope instability, erosion and water seepage
or wet conditions;
5) The location of any existing and
proposed streets;
6) The location of any existing
buildings or structures on and within 15 feet of the site;
7) The location and depth of any
existing drainage and sewer systems on or serving the site, and the
location and approximate depth of all utilities and other
buried facilities;
8) Existing and proposed drainage
structures, walls, cribbing and surface protection, and any necessary
temporary earth-restraining or erosion and sediment control installation
as required under existing regulations;
9) Provisions for temporary and
permanent drainage of the property, including any new or altered sewer
systems;
10) A description of the proposed
temporary and/or permanent methods of the protection of the soils from
erosion as required under existing regulation.
G. The plans and specifications may be
required to contain additional information when requested by the Enforcing
official, including but not limited to:
1) A report from a qualified
Geotechnical engineer showing the results of surface and subsurface
exploration, conditions of the land, procedures for performing the
grading operations, maximum slope to satisfy stability, and other
Geotechnical design requirements;
2) All drainage provisions which shall
be of such design to adequately accommodate the surface runoff, together
with a map showing the drainage area of all land tributary to the site,
and estimated runoff (cubic feet per
second) of the area served by any drainage course computed according to
current acceptable standards as required under existing storm system
design regulation;
3) A description of the borrow
material, its source, the construction methods to be used and the
specified minimum degree of compaction;
4) The preparation of existing ground
surface to receive fill;
5) Subsurface drainage where necessary
for stability;
6) An estimated schedule indicating the
anticipated starting and completion times of the development sequence,
including clearing land grubbing, stripping, rough grading and
construction, final grading And vegetative establishment, and maintenance,
and the time of exposure of each area prior to the completion of
approved erosion and sediment control measures.
H. For all proposed excavations, the owner
is responsible for notifying the Ohio Utilities Protection Service (OUPS)
of the location of the excavation site, per Section 3781.25 to
3781.32 of the ORC.
6.20
Waivers or modifications can be made
pursuant to Section 7.00, hereof.
7.00 WAIVER OR
MODIFICATION OF SUBMISSION OF PLANS AND SPECIFICATIONS
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7.10
The Enforcing Official shall waive or
modify the requirements of Sections 6.00, 8.00 and 13.00 hereof if the
application for a permit includes a written statement prepared by a
qualified Geotechnical engineer expressing the opinion that the proposed
excavating or filling:
A. Will not cause a hazard; or
B. Is in an isolated, self-contained area
and that there will be no adverse affect on adjacent public or private
property.
8.00 SETBACKS OF TOPS AND
TOES OF SLOPES
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8.10
The design and placement of tops and toes
of all slopes shall not cause any adverse affect on adjacent property.
8.20
All excavation and fill work shall be
designed to be totally contained on the property being developed unless
included in an easement or agreement
with an adjacent property owner. The tops and toes of all slopes shall be
set back from property boundaries or structures, as far as necessary for:
A. Stability of adjacent and contiguous
property;
B. Adequacy of foundation support;
C. Protection of adjacent property against
damage from runoff
8.30
The excavation and fill work shall be
designed with proper regard for any existing or proposed buildings, and
include a complete system for proper drainage of the site. Such drainage
system shall also be fully contained within the property being developed,
except where runoff flows into sewers, drainage courses, or recorded
drainage easements on adjacent property.
8.40
The Enforcing Official reserves the right
to require Geotechnical or other engineering data and designs, where the
tops or toes of slopes and/or the drainage system creates or appears to
create a severe hazard.
8.50
waivers or modifications shall be made
pursuant to Section 7.00 hereof.
9.00 PROTECTION AND
RELOCATION OF SANITARY SEWERS
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9.10
For the purpose of protecting the existing
sanitary sewer system,, in the work area, no permit shall be issued until
the Enforcing Official receives- approvals from the appropriate Department
Head(s) for any necessary adjustment, relocation, addition or other
modification to the existing sanitary sewer system.
9.20
For the purpose of protecting the existing
sanitary sewer systems, no permit shall be issued until the Enforcing
Official receives approvals from the appropriate Department Head(s) for
additional overburden loading.
10.00 BOND
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10.10
In the event the development Earthwork
Regulation permit holder elects to record the subdivision record plat
prior to the completion of the work required under the plan and permit, a
bond shall be required by the Enforcing Official.
10.20
The bond shall be posted by the Earthwork
Regulation permit holder, for the benefit of the County, for the purpose
of assuring that the work shall be
completed in accordance with the approved plans and specifications of this
permit.
10.30
The permit holder shall provide an
estimated cost of completion established by the Designer. The Enforcing
Official shall establish a bond amount equal to 110% of the Designer's
estimated cost of completion, if said estimate is deemed reasonable by the
Enforcing official, said estimate being based on standard construction
costs within the industry.
10.40
The Enforcing official shall release the
permit holder's bond when all work under the Plan and Permit has been
satisfactorily completed and upon receiving a written summary report or
letter from the Designer that all work under the permit is completed.
10.50
In the event the Earthwork Regulation
permit holder is also under a building permit, all requirements under the
site plans and permit shall be certified as complete by Designer prior to
the issuance of a permanent Certificate of Occupancy. The bonding of
uncompleted work in this situation will not be permitted.
10.60
Where earth work is left abandoned and/or a
hazard is created, and no bond is in effect, the Enforcing official shall
proceed to mitigate the situation as provided in Section 15.30.
11.00 SCHEDULE OF FEES
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11.10
A. Development Plan Review No Fee
11.20
A. Development Permit - No Fee
B. Building Permit - No Fee
C. Earthmoving Permit - No Fee
11.30
A. Inspection - No Fee
12.00 NOTIFICATION BY
PERMIT HOLDER
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12.10
The person to whom a permit is issued shall
notify the Enforcing official:
A. Prior to commencement of operations, of
locations of any borrow or disposal sites;
B. Of commencement of operations under such
permit, at least 48 hours in advance;
C. when operation is completed or
temporarily or permanently suspended;
D. of any deviation from the originally
approved plans.
13.00 FIELD CONSTRUCTION
MONITORING BY QUALIFIED GEOTECHNICAL ENGINEER
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13.10
Excavating and filling operations covered
by the permit shall be monitored by or under the direction of the permit
holder and a qualified Geotechnical Engineer. The Qualified Geotechnical
Engineer shall certify to the Enforcing official the completion of the
requirements under the plan and permit.
13.20
Waivers or modifications shall be made
pursuant to Section 7.00.
14.00 PROTECTION AGAINST
EROSION AND SEDIMENTATION
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14.10
Temporary and/or permanent erosion and
sediment control features and devices shall be designed and constructed in
accordance with appropriate existing regulations enforced by the Hamilton
County Soil and Water Conservation District and also applicable provisions
of the WATER MANAGEMENT AND SEDIMENT CONTROL FOR URBANIZING AREAS handbook
of the U.S. Soil Conservation Service.
15.00 CORRECTION OF
HAZARDOUS CONDITIONS
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15.10
Whenever the Enforcing official determines
that any existing excavation, fill, hillside, slope or other earth
condition (including exempted work) has become a hazard, the Enforcing
Official shall order the owner of the property on which such condition
exists to correct the condition. Upon receipt of the order from the
Enforcing Official, the owner shall, within 30 calendar days, apply for
and obtain a permit and proceed as directed to correct the conditions
(creating such hazard) according to the provisions of these regulations.
Where such hazard is created by erosion and/or
sedimentation, the Enforcing Official shall issue an order(s) with a
shorter time limit, so as to provide the necessary protection as required
to alleviate or remove the hazard.
15.20
In emergency situations, where the
Enforcing Official determines that the hazardous condition creates a risk
of actual or immediate failure or collapse:
A. The Enforcing Official shall issue
orders to the owner to immediately have such work done as may be necessary
to render the condition safe. Within three (3) working days after the
emergency work is done, the owner shall file the necessary documentation
and permit application for that work.
B. If the Enforcing official cannot
promptly resolve the condition with the owner involved to do such
emergency work, he shall employ such labor and use or purchase materials
as may be necessary to accomplish same, as expeditiously as possible. In
attempting to make-the condition safe, the Enforcing Official may close
off the property, any adjacent property affected, and sidewalks, streets
and other public ways and areas, and prohibit the use of same. Costs
incurred by the Enforcing Official in executing such emergency work shall
be paid from public monies, upon his certification. The Enforcing Official
shall immediately notify the County Prosecutor of such expenditures) and
request such action as appropriate for the recovery of such costs, plus
the cost of the recovery, from the property owner.
15.30
Where the Enforcing official has to perform
work in order to correct a hazard, the party responsible for creating said
hazard whether owner, permit holder, agent of the owner, or person having
control of any property, will either:
1) Not be granted any further earthwork
permits for future work on property he/she controls until the following
conditions have been satisfied:
- a) The party responsible completes all
work on the property necessary to abate any remaining hazard,
and
- b) The party responsible reimburses the
Enforcing Official for that work which the Enforcing Official performed,
or has caused to be performed, in abating the hazard.
or
2) The Enforcing Official will place a lien
or otherwise assess or encumber the property (in the amount required to
complete or correct the unfinished work) in a manner so no transfer of the
property can take place until such encumbrances and assessments have been
satisfied.
15.40
Where earthwork operations are terminated
because the project is abandoned, the work area, site, and affected
existing terrain shall be inspected by the Enforcing official, upon
request of the owner or permit holder. Such locations) shall be left in a
condition satisfactory to the Enforcing Official.
16.00 SUSPENSION OF
OPERATIONS
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16.10
The Enforcing Official shall order
operations suspended whenever:
A. work requiring a permit is being done
without a permit;
B. work is under permit, but current
operations are causing a hazard;
C. Work under permit is being done in a
manner contrary to the terms and conditions of the permit.
16.20
Such suspensions shall remain in effect
until (1) the permit is issued, (2) the hazardous condition is remedied to
the satisfaction of the Enforcing Official, or (3) the faulty work is
remedied and executed in full accordance with the permit and these
regulations.
17.00 LIABILITY OF THE
ENFORCING OFFICIAL
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17.10
issuance of a permit or any action by the
Enforcing Official under these regulations shall not create in Hamilton
County nor the State of Ohio, its officers, agents or employees any
liability or responsibility for injury to persons or property caused by
operations or conditions created pursuant to such permits. Nothing in
these regulations shall be construed to relieve the owner or person in
control of property from liability for injury to persons or property.
18.00 RIGHT OF APPEAL
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18.10
Any person aggrieved by any decision of the
Enforcing Official in the administration of the provisions of these
regulations, shall have fifteen calendar days from the date of receipt of
such written decision in which to file written appeal to the Hamilton
County Board of Earthwork Appeals in accordance with Section 307.56 ORC
and that Board's rules. The appeal shall be based upon one or both of the
following grounds, to wit:
A. That the action of the Enforcing
Official was erroneous or constituted an erroneous application of the
provisions of these regulations, related laws and ordinances, or was
otherwise contrary to law;
B. That the action of the Enforcing
Official imposes an undue hardship on the complainant, and a modified
application or alternative arrangement is available and feasible, whereby
the hardship can be relieved without defeating the purpose and intent of
the provisions of these regulations.
The complainant shall set forth in his
petition on appeal the interpretation, ruling or order appealed and the
provisions of these regulations and related laws and ordinances involved
and shall state wherein the interpretation, ruling or order is erroneous.
If the appeal is based on the grounds of hardship, the petition shall show
the nature of the hardship and point out what kind of modified application
or alternative arrangement can be put into effect which will relieve the
hardship, without defeating the purposes and intent of the provisions of
these regulations.
19.00 VIOLATIONS AND
PENALTIES
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19.10
In addition to the technical monitoring
required in Section 13.00 of these regulations, the Enforcing official
shall inspect the site, and the work under permit to determine overall
compliance with these regulations. Where it is determined that a violation
of these regulations exists, the responsible party and the owner shall be
notified of such deficiencies or non-compliance. After a reasonable time
for voluntary remedial action and compliance, the Enforcing Official shall
re-inspect the work in question. If the non-compliance still exists, an
order to comply shall be issued by certified mail., to all parties of
interest, including the Design Professional. Such order shall describe the
problem(s), the specific date by which compliance must be achieved, and
the procedure for resolution of the problem.
19.20
Any person, whether owner, permit holder,
agent of the owner, or person having control of any property, who violates
any of the provisions of these regulations, or fails to conform to any of
the provisions thereof, or fails to obey any order covered by this permit
and issued by the Enforcing Official, shall be subject to the penalty
associated with Section 307.79 of the Ohio Revised Code. |
