Granville Community Calendar

Ordinance No. 28-2012

ORDINANCE NO. 28-2010 

AN ORDINANCE TO PERMIT THE DEMOLITION OF A ONE-AND-A-HALF STORY DETACHED ACCESSORY STRUCTURE AT 219 WEST BROADWAY 

WHEREAS, the Village of Granville adopted Chapter 1162 of the Granville Zoning Code in order to protect the aesthetic quality of the community and protect the significant viewsheds and corridors, and;

WHEREAS, upon review of the request for demolition, the Village of Granville finds that the demolition of this one-and-a-half story detached accessory structure would in no way diminish the quality of life for the community and its residents. 

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that: 

Section I: The Village of Granville authorizes the demolition of a one-and-a-half story, detached accessory structure located on the property at 219 West Broadway, which is identified in Exhibit A that is attached hereto. 

Section II: In accordance with Section 1162.05 of the Codified Ordinances, the applicant shall furnish a surety bond in the amount of $1,596 to guarantee the approved demolition. Any future construction plans or landscaping that has not been commenced in a time period deemed sufficient by the Village Manager will result in the forfeiture of the surety bond.   

Section III: This ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Passed this 5th day of January, 2011.

Ordinance No. 27-2012

ORDINANCE NO. 27-2010

AN ORDINANCE TO REGULATE THE REPAIR AND REPLACEMENT OF CERTAIN NON-CONFORMING STRUCTURES IN THE VILLAGE OF GRANVILLE 

WHEREAS, the Council of the Village of Granville has determined that provisions of existing law would prohibit reconstruction of certain structures within the Village, the use of which differ from permitted uses in the zoning district in which the same are located, and that such prohibition may have an unacceptable impact on the maintenance and use of those buildings, to the detriment of the health, safety and general welfare of the residents of the Village; and 

WHEREAS, Council desires to clarify and modify the restrictions applicable to the alteration, repair, maintenance and replacement of such structures. 

NOW THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio, that:

Section 1.  Sections 1149.07 and 1149.08 of the Codified Ordinances of the Village of Granville are hereby amended to read a follows: 

1149.07    ALTERATIONS, REPAIRS AND MAINTENANCE. 

 Repairs and maintenance work as required to keep structures in sound condition, alteration, repair or replacement of non-bearing walls, fixtures, doors, windows, wiring or plumbing, and interior structural alterations designed to improve the usefulness or livability of interior space, may be made to a non-conforming building or structure, provided. that no such change shall be made which shall exceed the area or height requirements or extend into any yard required in the district in which such structure is located, unless such building or structure is permanently changed to a conforming use or unless required by law or order or permitted under Section 1149.03.

1149.08    REPAIR AND REPLACEMENT OF NON-CONFORMING USES. 

A non-conforming use shall terminate when the structure it occupies is damaged and the estimated cost to repair exceeds sixty percent (60%) of the replacement cost of such structure immediately before such damage.  When the cost of repairs to a structure containing a non-conforming use is less than sixty percent (60%) of the replacement cost, that non-conforming use may be restored provided such restoration is begun within six months from the time of damage.  Failure to begin such restoration within six months from the date of damage shall terminate the non-conforming use. 

Section 2.  Existing section 1149.07 and 1149.08 of the Codified Ordinances are hereby repealed. 

Section 3.  This ordinance shall take effect upon the earliest date permitted by law. 

Passed this 15th day of December, 2010

Ordinance No. 26-2012

ORDINANCE NO. 26-2010 

AN ORDINANCE TO CREATE AN OPERA HOUSE PARK IMPROVEMENT FUND 

WHEREAS, Section 5705.12 of the Ohio Revised Code authorizes the Village to establish special funds to account for money derived from special sources other than general property tax; and 

WHEREAS, the Village will be accepting a generous cash donation of approximately $25,000 from the Hubert and Oese Robinson Foundation, sponsor of the Granville Lifestyle Museum; and 

WHEREAS, the Hubert and Oese Robinson Foundation has designated that these funds be used towards the beautification of the downtown area, specifically within Opera House Park; and 

WHEREAS, it is the desire of the Village Council to create a special revenue fund to account for this cash donation and ensure the funds are used solely for development, improvement and beautification of Opera House Park.

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section 1. The Chart of Accounts for the Village of Granville be amended as follows to include a new special revenue fund for the future development, improvement and beautification of Opera House Park:

Fund               Description

B3                   Opera House Park Improvement Fund 

Section 2: This ordinance shall be effective from and after the earliest date allowed by law.

 Passed this 15th day of December, 2010.

Ordinance No. 25-2012

ORDINANCE NO. 25-2010

AN ORDINANCE TO ADOPT CHAPTER 1199 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO EROSION AND SEDIMENT CONTROL 

 WHEREAS, soil is most vulnerable to erosion by wind and water during soil disturbing activities and this eroded soil necessitates repair of sewers and ditches and dredging of rivers, harbors, and lakes; accelerates downstream bank erosion and damage to public and private property; damages water resources and wetlands by reducing water quality; and causes the siltation of aquatic habitat; and 

 WHEREAS, communities throughout the watershed(s) in which the Village of Granville is located have experienced and continue to experience costs associated with inadequate erosion and sediment control and increased State and Federal regulation; and

 WHEREAS, there are watershed-wide efforts to reduce sedimentation in the rivers to which the Village of Granville drains and to protect and enhance the unique water resources and wetlands of the rivers to which the Village of Granville watershed(s) drains; 

 WHEREAS, the Village of Granville recognizes its obligation to reduce sedimentation and to protect water quality by controlling soil disturbing activities within its borders; and 

 WHEREAS, 40 C.F.R. Parts 9, 122, 123 and 124, referred to as NPDES Storm Water Phase II, require designated communities, including the Village of Granville to develop and implement a Storm Water Management Program to address, among other components, erosion and sediment control during soil disturbing activities; and 

 WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to adopt rules to abate soil erosion and water pollution by soil sediments; and 

 NOW, THEREFORE BE IT ORDAINED by the Council of Village of Granville, county of Licking, State of Ohio, that:

SECTION I: Codified Ordinance Chapter 1199 Erosion and Sediment Control, is hereby adopted to read in total as follows: 

CHAPTER 1199

EROSION AND SEDIMENT CONTROL 

 1199.01 PURPOSE AND INTENT.

(A) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Village of Granville:

(B) This regulation will: 

(1) Allow development while minimizing increases in erosion and sedimentation. 

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

(C) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1199.01 (d). 

(D) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules. 

 1199.02 DEFINITIONS.

(A) For the purpose of these Erosion and Sediment Control Regulations, the following terms are defined: 

(1) "Acre" means a measurement of area equaling 43,560 square feet. 

(2) "Best management practices (BMPs)" means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

(3) "Community" throughout this regulation, shall refer to Village of Granville, its designated representatives, boards, or commissions.

(4) "Construction entrance" means the permitted points of ingress and egress to development areas regulated under this regulation. 

(5) "Development area" means 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. 

(6) "Disturbed area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(7) "Drainage" means:

 (a) The area of land contributing surface water to a specific point. 

 (b) The removal of excess surface water or groundwater from land by 

 surface or subsurface drains.

(8) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces. 

(9) "Erosion and sediment control" means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, ravity, or any combination of those forces.

(10) "Final stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed. 

(11) "Landscape Architect" means a Professional Landscape Architect registered in the State of Ohio.

(12) "Larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities may take place at different times on different schedules under one plan.

(13) "Maximum extent practicable" means the level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet. 

(14) "NPDES" means the National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

(15) "Parcel" means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a ‘Permanent Parcel Number’ assigned by the Licking County Auditor’s Office. 

(16) "Person" means 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.

(17) "Phasing" means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(18) "Professional Engineer" means a Professional Engineer registered in the State of Ohio. 

(19) "Qualified inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.

(20) "Rainwater and land development" means Ohio’s standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.

(21) "Runoff" means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

(22) "Sediment" means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.

(23) "Sedimentation" means the deposition or settling of sediment.

(24) "Setback" means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.

(25) "Soil disturbing activity" means clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.

(26) "Soil and Water Conservation District" means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Licking County SWCD.

(27) "Stabilization" means the use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces. 

(28) "Storm Water Pollution Prevention Plan (SWP3) means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation. 

(29) "Surface waters of the State" means all streams, lakes, reservoirs, marshes, wetlands, or other waterways 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.

(30) "Unstable soils" means a portion of land that is identified by the Municipal Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

(31) "Water resource" means any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(32) "Wetland" means 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).

 1199.03 DISCLAIMER OF LIABILITY.

 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 for the benefit of any particular parcel of property. 

 1199.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY. 

(A) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.

(B) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

(C) This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

(D) Failure of the Village of Granville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of Granville, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. 

 1199.05 DEVELOPMENT OF STORM WATER POLLUTION PREVENTION PLANS.

(A) This regulation requires that a Storm Water Pollution Prevention Plan be developed and implemented for all parcels of one (1) acre or more and on which any regulated activity of Section 1199.01(b) is proposed.

(B) Activities disturbing one acre or less are not required to submit a Storm Water Pollution Prevention Plan. These activities must comply with all other provisions of this regulation. 

 1199.06 APPLICATION PROCEDURES.

(A) Soil disturbing activities submitting a storm water pollution prevention plan: The applicant shall submit two (2) sets of the SWP3 and the applicable fees to the Village of Granville as follows: 

 (1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.

 (2) For other construction projects: Before issuance of a zoning permit by the Zoning Inspector.

 (3) For general clearing projects: Prior to issuance of a zoning permit by the Zoning Inspector. 

(B) The Village of Granville shall review the plans submitted under 1199.06 (a) for conformance with this regulation and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan. 

(C) Soil disturbing activities shall not begin and zoning permits shall not be issued without an approved SWP3.

(D) SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.

(E) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval. 

 1199.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.

 Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations and shall be submitted with Storm Water Pollution Prevention Plans. 

(A) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof. Proof of compliance with these requirements shall be the applicant’s Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director’s Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.

(B) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. 

(C) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA’s Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA’s Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation. 

(D) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer’s Nationwide Permit Program. This shall include one of the following

(1) A letter from the site owner certifying that a qualified professional ha surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.

(2) A site plan showing that any proposed fill of waters of the United State conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.

(E) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable. 

 1199.08 STORM WATER POLLUTION PREVENTION PLAN.

(A) In order to control sediment pollution of water resources and wetlands, the

applicant shall submit a SWP3 in accordance with the requirements of this regulation.

(B) The 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 SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Department of Natural Resources and shall include the following information: 

 (1) Site description: The SWP3 shall provide:

 (a) A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.). 

 (b) Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).

 (c) An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity.

 (d) Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.

 (e) A description of prior land uses at the site.

 (f) An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.

 (g) The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).

 (h) The aerial (plan view) extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project.

 (i) For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices. 

 (j) Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.

 (k) Site map showing:

 i. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.

 ii. Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.

 iii.Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.

 iv.Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA.

 v. Existing and planned locations of buildings, roads, parking facilities, and utilities.

 vi.The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.

 vii.Sediment ponds, including their sediment settling volume and contributing drainage area.

 viii.Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including Dumpster areas, areas designated for cement truck washout, and vehicle fueling.

 ix.The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.

 x. The location of any in-stream activities including stream crossings.

(2) A soils engineering report. The Village of Granville Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Village of Granville Engineer shall be incorporated in the grading plans and/or other specifications for site development.

(a) Data regarding the nature, distribution, strength, and erodibility of existing soils.

(b) If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.

(c) Conclusions and recommendations for grading procedures.

(d) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction are completed.

(e) Design criteria for corrective measures when necessary.

(f) Opinions and recommendations covering the stability of the site. 

 1199.09 PERFORMANCE STANDARDS. 

 The SWP3 must contain a description of the controls appropriate for each construction operation and the applicant must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization). The SWP3 shall identify all subcontractors engaged in activities that could impact storm water runoff. The SWP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.

 The controls shall include the following minimum components:

(A) Non-Structural Preservation Measures. The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing or grubbing practices.

(B) Erosion Control Practices. The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover. 

 Erosion control practices must meet the following requirements:

(1) Stabilization. Disturbed areas must be stabilized as specified in Tables 1 and 2 below.

 

Table 1: Permanent Stabilization

Area requiring permanent stabilization

Time frame to apply erosion controls

Any area that will lie dormant for one year or more.

Within 7 days of the most recent disturbance.

Any area within 50 feet of a stream and at final grade.

Within 2 days of reaching final grade.

Any area at final grade.

Within 7 days of reaching final grade within that area.

 

Table 2: Temporary Stabilization

Area requiring temporary stabilization

Time frame to apply erosion controls

Any disturbed area within 50 feet of a stream and not at final grade.

Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days.

For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than one year, and not within 50 feet of a stream.

Within 7 days of the most recent disturbance within the area.

Disturbed areas that will be idle over winter.

Prior to November 1.

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.

 

(2) Permanent stabilization of conveyance channels. Applicants shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding, mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques, or rock check dams, all as defined in the most recent edition of Rainwater and Land Development or the Field Office Technical Guide available at www.nrcs.usda.gov/technical/efotg/.

(C) Runoff Control Practices. The SWP3 shall incorporate measures that control the flow of runoff from disturbed areas so as to prevent erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable. 

(D) Sediment Control Practices. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond. 

 Sediment control practices must meet the following requirements:

(1) Timing. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.

(2) Sediment settling ponds. A sediment settling pond, or equivalent best management practice upon approval from the Village of Granville Engineer, is required for any one of the following conditions, as determined in Table 3 below:

(a) Concentrated storm water runoff.

(b) Runoff from drainage areas that exceeds the design capacity of silt fence or inlet protection.

(c) 10-acres of disturbed drainage.

The sediment-settling pond shall provide both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least 67 cubic yards of storage per acre of total contributing drainage area and have a minimum of 48-hour drain time for sediment basins serving a drainage area over 5 acres. 

The volume of the sediment storage zone shall be calculated by one of the following methods: 

(a) The volume of the sediment storage zone shall be 1000 feet, three (3) per disturbed acre within the watershed of the basin.

(b) The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with a generally accepted erosion prediction model. When determining the total contributing drainage area, off-site areas and areas which remain undisturbed by construction activity must be included unless runoff from these areas is diverted away from the sediment settling pond and is not co-mingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five (5) feet. The configuration between the inlets and the outlet of the basin must provide at least two units of length for each one unit of width (>2:1 length: width ratio), however a length to width ration of 4:1 is recommended. Sediment must be removed from the sediment-settling pond when the design capacity has been reduced by 40 percent. This limit is typically reached when sediment occupies one-half of the basin depth. When designing sediment settling ponds, the applicant must consider public safety, especially as it relates to children, as a design factor for the sediment basin and alternative sediment controls must be used where site limitations would preclude a safe design. The use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal is encouraged.

(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties, water resources, and wetlands from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to 10 acres. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence. 

Table 3: Maximum Drainage Area to Silt Fence

Maximum Drainage Area (acres) to 100 linear feet of silt fence

Range of Slope for a drainage area (%)

0.5

<2%

0.25

≥2% but < 20%

0.125

≥ 20% by < 50%

 

(4) 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. All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond. Straw or hay bales are not acceptable forms of inlet protection.

(5) Off-site tracking of sediment and dust control. Best management practices must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These best management practices must include, but are not limited to, the following:

(a) 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 2” 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.

(b) 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 also be cleaned weekly.

Based on site conditions, the Village of Granville Engineer may require additional best management practices to control off site tracking and dust. 

 These additional BMPs may include:

i. Silt fence or construction fence installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.

ii. Designated wheel-washing areas. Wash water from these areas must be directed to a designated sediment trap, the sediment-settling pond, or to a sump pump for dewatering in conformance with Section 1199.09(G) of this regulation.

iii. Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Village of Granville Engineer may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.

(6) Surface Waters of the State protection. Construction vehicles shall avoid water resources and wetlands. If the applicant is permitted to disturb areas within 50 feet of a water resource or wetland, the following conditions shall be addressed in the SWP3:

(a) All BMPs and stream crossings shall be designed as specified in the most recent edition of the Rainwater and Land Development Manual.

(b) Structural practices shall be designated and implemented on site to protect water resources or wetlands from the impacts of sediment runoff.

(c) No structural sediment controls (e.g., the installation of silt fence or a sediment settling pond in-stream) shall be used in a water resource or wetland.

(d) Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.

(e) Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.

(f) Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.

(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the applicant shall replace or modify the control for site conditions. 

(E) Non-Sediment Pollutant Controls: No solid or liquid waste, including building materials, shall be discharged in storm water runoff. The applicant must implement site best management practices to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands. These practices shall include but are not limited to the following:

(1) Waste Materials: A covered Dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum, and other waste materials.

(2) Concrete Truck Wash Out: 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) Fuel/Liquid Tank Storage: All fuel/liquid tanks and drums shall be stored in marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of all containers in the storage area.

(4) Toxic or Hazardous Waste Disposal: Any toxic or hazardous waste shall be disposed of properly.

(5) Contaminated Soils Disposal and Runoff: Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment sites.

(F) Compliance with Other Requirements. The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area. 

(G) Trench and Ground Water Control. There shall be no sediment-laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternately, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources. 

(H) Internal Inspections. All controls on the site 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. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Village of Granville Engineer and all of the following conditions are met: 

(1) The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e. more than one (1) month).

 (2) Land disturbance activities have been suspended, and temporary stabilization is achieved.

(3) The beginning date and ending dates of the waiver period are documented in the SWP3.

 The applicant shall assign qualified inspection personnel to conduct these inspections to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls. 

These inspections shall meet the following requirements:

(a) Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for, pollutants entering the drainage system. 

(b) Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The applicant shall utilize an inspection form provided by the Village of Granville or an alternate form acceptable to the Village of Granville Engineer. The inspection form shall include:

 i. The inspection date. 

 ii. Names, titles and qualifications of personnel making the inspection.

 iii. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred. 

 iv. Weather information and a description of any discharges occurring at the time of inspection.

 v. Locations of:

aa. Discharges of sediment or other pollutants from site.

 bb. BMPs that need to be maintained.

cc. BMPs that failed to operate as designed or proved inadequate for a particular location.

dd. Where additional BMPs are needed that did not exist at the time of inspection.

vi. Corrective action required including any necessary changes to the SWP3 and implementation dates. 

(c) Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands. 

(d) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.

(e) The applicant shall maintain for three (3) years, following final stabilization, the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance determined by these inspections.

(I) 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 of Granville 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 (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) 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 (10) 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 (10) 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. 

 FINAL STABLIZATION. Final stabilization shall be determined by the Village of Granville 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. 

 1199.10 FEES.

 The Storm Water Pollution Prevention Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village of Granville before the review process begins. Please consult with Village of Granville Engineer for current fee schedule. 

 1199.11 BOND.

(A) If a Storm Water Pollution Prevention Plan is required by this regulation, soil disturbing activities shall not be permitted until a surety bond has been deposited with the Village of Granville Finance Department per Section 1197.15 of the Codified Ordinances. The bond will be used for the Village of Granville to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the applicant fails to comply with the provisions of this regulation. The surety bond shall be returned, less Village of Granville administrative fees as detailed in Section 1305.01, Zoning Fees of the Village of Granville Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Village of Granville Engineer.

(B) No project subject to this regulation shall commence without approval by the Village of Granville Engineer. 

 1199.12 ENFORCEMENT.

(A) All development areas may be subject to external inspections by the Village of Granville to ensure compliance with the approved SWP3.

(B) After each external inspection, the Village of Granville shall prepare and distribute a status report to the applicant.

(C) If an external inspection determines that operations are being conducted in violation of the approved SWP3 the Village of Granville may take action as detailed in Section 1199.13 of this regulation. 

 1199.13 VIOLATIONS.

(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 regulation. 

(B) Upon notice, the Village Manager and/or his/her designee may suspend any active soil disturbing activity for a period not to exceed ninety (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 Mayor and/or designee 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. 

 1199.14 APPEALS FROM DECISIONS. 

 (A) Any person aggrieved by any order, requirement, determination, or any other
action or inaction may appeal the decision to the Board of Zoning and Building Appeals by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by the U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal.

 (B) At the time of filing the notice of appeal, if the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion.

 (C) A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing. 

 1199.99 PENALTY.

(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 is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. 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 of Granville 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 of Granville. 

SECTION 2: This ordinance shall take effect and be in full force from and after the earliest period allowed by law.

Passed this 5th day of January, 2011. 

Ordinance No. 24-2012

ORDINANCE NO. 24 -2010 

AN ORDINANCE TO ADOPT CHAPTER 1198 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAINING TO ILLICIT DISCHARGE & ILLEGAL CONNECTION CONTROL 

WHEREAS, illicit discharges to the Village of Granville separate storm sewer system create water quality risks to public health, safety, and general welfare; and, 

WHEREAS, illicit discharges may necessitate repair of storm sewers and ditches; damage to public and private property; and may damage water resources by reducing water quality; and, 

WHEREAS, there are watershed-wide efforts to reduce illicit discharges to the rivers to which the Village of Granville drains and to protect and enhance the unique water resources of the rivers to which the Village of Granville watershed(s); and, 

WHEREAS, the Village of Granville recognizes its obligation to control illicit discharges and to protect water quality within its borders; and, 

WHEREAS, 40 C.F.R. Parts 9, 122, 123, and 124, and Ohio Administrative Code 3745-39 require designated communities, including the Village of Granville, to develop a Storm Water Management Program that, among other components, requires the Village of Granville to prohibit illicit discharges to their storm water system and to implement appropriate enforcement procedures and actions to detect and eliminate such illicit discharges; and, 

 

WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary, and other similar regulations, as are not in conflict with general laws. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1. That Chapter 1198, Illicit Discharge and Illegal Connection Control is hereby adopted to read in total as follows: 

CHAPTER 1198

Illicit Discharge and Illegal Connection Control 

            1198.01           PURPOSE AND INTENT.

            The purpose of this regulation is to provide for the health, safety, and general welfare of the citizens of the Village of Granville through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are: 

            (a)        To prohibit illicit discharges and illegal connections to the MS4.

            (b)        To establish legal authority to carry out inspections, monitoring procedures, and enforcement actions necessary to ensure compliance with this regulation.

1198.02                       APPLICABILITY.

            This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the Village of Granville, except for those discharges generated by the activities detailed in Section 1198.07 (A)(1) to (A)(3) of this regulation. 

            1198.03           DEFINITIONS.

            (a)        The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning: 

(1)        "Best management practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other   management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(2)        "Community" means the Village of Granville, its designated representatives, boards, or commissions.

(3)        "Environmental Protection Agency or United States Environmental Protection Agency (USEPA)" means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.

(4)        "Floatable Material" means, in general terms, any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

(5)        "Hazardous Material" means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(6)        "Illicit Discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1198.07 of this regulation.

(7)        "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

(8)        "Municipal Separate Storm Sewer System (MS4)" as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

           (A)       Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States.

            (B)       Designed or used for collecting or conveying storm water;

            (C)       Which is not a combined sewer; and

            (D)       Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.  

(9)        "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the   discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

(10)      "Off-Lot Discharging Household Sewage Treatment System" means a system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

(11)      "Owner/Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.

(12)      "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

(13)      "Storm Water" any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(14)      "Wastewater" The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

 

            1198.04           DISCLAIMER OF LIABILITY.

            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 for the benefit of any particular parcel of property. 

            1198.05   CONFLICTS, SEVERABILITY, NUISANCES & RESPONSIBILITY.

            (a)        Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village of Granville, shall prevail.

            (b)        If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.

            (c)        This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.

            (d)        Failure of the Village of Granville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of Granville, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. 

            1198.06           RESPONSIBILITY FOR ADMINISTRATION.

            The Village of Granville shall administer, implement, and enforce the provisions of this regulation. The Village of Granville may contract with the Licking County Board of Health to conduct inspections and monitoring and to assist with enforcement actions. 

            1198.07           DISCHARGE AND CONNECTION PROHIBITIONS.

            (a)        Prohibition of Illicit Discharges.  No person shall discharge, or cause to be

discharged, an illicit discharge into the MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:

(1)        Water line flushing; landscape irrigation; diverted stream flows; rising      ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated    swimming pool discharges; street wash water; and discharges or flows   from fire fighting activities. These discharges are exempt until such time    as they are determined by the Village of Granville to be significant contributors of pollutants to the MS4.

(2)        Discharges specified in writing by the Village of Granville as being necessary to protect public health and safety

(3)        Discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 and permitted by the Licking County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29, or other applicable Licking County Board of Health regulations, until such time as the Ohio     Environmental Protection Agency issues an NPDES permitting mechanism for household sewage treatment systems existing prior to January 1, 2007. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Licking County Board of Health. Discharges from new or replacement off-lot household sewage treatment systems installed after January 1, 2007 are not exempt from the requirements of this regulation. 

In compliance with the Village of Granville Storm Water Management Program, discharges from all off-lot discharging household sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available for systems existing prior to January 1, 2007, discharges from off-lot discharging household sewage treatment systems existing prior to January 1, 2007 will no longer be exempt from the requirements of this regulation. 

(b)        Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.

(1)        This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(2)        A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue. 

              1198.08         MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS

            (a)        Establishment of an Illicit Discharge and Illegal Connection Monitoring

Program:  The Village of Granville shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and household sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.

            (b)        Inspection of Residential, Commercial, Industrial, or Institutional Facilities.

(1)        The Village of Granville shall be permitted to enter and inspect Facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.  

(2)        The Village of Granville shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the Village of Granville.

(3)        The Village of Granville shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator’s expense. All devices used to measure storm water flow and quality shall be calibrated by the Village of Granville to ensure their accuracy.

(4)        Any temporary or permanent obstruction to safe and reasonable access

to the facility to be inspected and/or sampled shall be promptly removed by the facility’s owner/operator at the written or oral request of the Village of Granville and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

(5)        Unreasonable delays in allowing the Village of Granville access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.

(6)        If the Village of Granville is refused access to any part of the facility from which storm water is discharged, and the Village of Granville demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an             inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Village of Granville may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.

(7)        Any costs associated with these inspections shall be assessed to the facility owner/operator. 

            1198.09                       ENFORCEMENT.

(a)        Notice of Violation. When the Village of Granville finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of Granville may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by certified mail, to the owner/operator of the facility.  Such notice may require the following actions:

(1)        The performance of monitoring, analyses, and reporting;

(2)        The elimination of illicit discharges or illegal connections;

(3)        That violating discharges, practices, or operations cease and desist;

(4)        The abatement or remediation of storm water pollution or contamination   hazards and the restoration of any affected property; or

(5)        The implementation of source control or treatment BMPs. 

(b)        If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.

(c)        Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.

(d)        Administrative Hearing:  If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Village of Granville shall schedule an administrative hearing with the Board of Building and Zoning Appeal to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent by registered mail.

(e)        Injunctive Relief:  It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to O.R.C. 3709.211.  If a owner/operator has violated or continues to violate the provisions of this regulation, the Village of Granville may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation. 

            1198.10           REMEDIES NOT EXCLUSIVE.

            The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the Village of Granville to seek cumulative remedies. 

Section 2: This ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Passed this 15th day of December, 2010.

Ordinance No. 23-2012

ORDINANCE NO. 23-2010 

AN ORDINANCE TO ADOPT CHAPTER 1197 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE, OHIO PERTAININGTO COMPREHENSIVE STORMWATER MANAGEMENT 

WHEREAS, flooding is a significant threat to property and public health and safety and storm water management lessens flood damage by reducing and holding runoff and releasing it slowly; and, 

WHEREAS, streambank erosion is a significant threat to property and public health and safety and storm water management slows runoff and reduces its erosive force; and, 

WHEREAS, insufficient control of storm water can result in significant damage to receiving water resources, impairing the capacity of these areas to sustain aquatic systems and their associated aquatic life use designations; and, 

WHEREAS, land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase storm water runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; and,

WHEREAS, storm water runoff contributes to increased quantities of pollutants to water resources; and, 

WHEREAS, storm water runoff, stream channel erosion, and nonpoint source pollution can be controlled and minimized through the regulation of runoff from land development projects; and, 

WHEREAS, there are watershed-wide efforts to reduce flooding, erosion, and water quality problems in the rivers in the Village of Granville and to protect and enhance the water resources of the rivers of the Village of Granville; and, 

WHEREAS, the Village of Granville finds that the lands and waters within its borders are finite natural resources and that their quality is of primary importance in promoting and maintaining public health and safety within its borders; and, 

WHEREAS, the Village of Granville desires to establish standards, principles, and procedures for the regulation of soil disturbing activities that may increase flooding and erosion and may cause adverse impacts to water resources, resulting from storm water runoff; and, 

            WHEREAS, the Village of Granville recognizes its obligation to manage storm water within its borders; and 

WHEREAS, 40 C.F.R. Parts 9, 122, 123, and 124, and Ohio Administrative Code 3745-39 require designated communities, including the Village of Granville to develop a Storm Water Management Program that, among other components, requires the Village of Granville to implement standards, principles, and procedures to regulate the quality of storm water runoff during and after soil disturbing activities; and, 

WHEREAS, Article XVIII, Section 3 of the Ohio Constitution grants municipalities the legal authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary, and other similar regulations, as are not in conflict with general laws. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that:

            Section 1. That Chapter 1197, Stormwater Management is hereby adopted to read in total as follows:

CHAPTER 1197

COMPREHENSIVE STORM WATER MANAGEMENT

                   1197.01                    PURPOSE AND INTENT.

The purpose of this regulation is to establish technically feasible and economically reasonable storm water management standards to achieve a level of storm water 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 Village of Granville: 

  1. This regulation requires owners who develop or re-develop their property within the Village of Granville to: 
  1. Control storm water runoff from their property and ensure that all storm water management practices are properly designed, constructed, and maintained. 
  1. Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities. 
  1. Control the volume, rate, and quality of storm water runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased. 
  1. Minimize the need to construct, repair, and replace subsurface storm drain systems. 
  1. Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils. 
  1. Incorporate storm water quality and quantity controls into site planning and design at the earliest possible stage in the development process. 
  1. Reduce the expense of remedial projects needed to address problems caused by inadequate storm water management.
  1. Maximize use of storm water management practices that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.  
  1. Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the Village of Granville's future expenses related to the maintenance and repair of stream crossings.
  1. Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource. 
  1. 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 in Section 1197.01. 
  1. Public entities, including the State of Ohio, Licking County, and the Village of Granville shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.
  2. This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules. 
  1. This regulation does not require a Comprehensive Storm Water 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 Village Engineer.  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 1199 Erosion and Sediment Control. 

            1197.02           DEFINITIONS 

For the purpose of this regulation, the following terms shall have the meaning herein indicated:

  1. COMPREHENSIVE STORM WATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that set forth the plans and practices to minimize storm water 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 storm water quality and stream change.
  1. DETENTION FACILITY: A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving the facility by temporarily storing a portion of the storm water entering the facility. 
  1. 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. 
  1. DEVELOPMENT DRAINAGE AREA:  A combination of each hydraulically unique watershed with individual outlet points on the development area.
  1. DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
  2. DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains. 
  1. 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.  
  1. EXTENDED CONVEYANCE:  A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event. 
  1. EXTENDED DETENTION:  A storm water management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility. 
  1. FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed. 
  1. GRADING:  The process in which the topography of the land is altered to a new slope. 
  1. 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.
  1. INFILTRATION:  A storm water management practice that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility. 
  1. LARGER COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. 
  1. 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 Storm Water Phase II, must meet. 
  1. NPDES:  National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
  1. NONSTRUCTURAL STORM WATER MANAGEMENT PRACTICE: Storm water runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.
  1. 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 storm water runoff.
  1. 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 approved and submitted. 
  1. 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 storm water runoff.
  2. 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.
  1. REDEVELOPMENT: A construction project on land where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient.  If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.   (Refer to Table 1 in Section 1197.09) 
  1. RIPARIAN AREA: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.  

DD.      RIPARIAN AND WETLAND SETBACK: The real property adjacent to a water resource on which soil disturbing activities are limited.

  1. RUNOFF:  The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
  1. 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.
  1. SEDIMENTATION: The deposition of sediment in water resources. 
  1. SITE OWNER/OPERATOR:  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.    
  1. SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.
  1. STABILIZATION: The use of Best Management Practices that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
  1. STRUCTURAL STORM WATER MANAGEMENT PRACTICE: Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of storm water runoff. 
  1. WATER QUALITY VOLUME.  The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.
  1. WATER RESOURCE: Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.
  1. WATERSHED: The total drainage area contributing storm water runoff to a single point. 
  1. 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).

1197.04                      CONFLICTS, SEVERABILITY, NUISANCES & RESPONSIBILITY

  1. Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village Engineer shall prevail.
  1. If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby. 
  1. This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance. 
  1. Failure of the Village of Granville to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of Granville, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.

1197.05                      DEVELOPMENT OF COMPREHENSIVE STORM WATER MANAGEMENT PLANS 

  1. This regulation requires that a Comprehensive Storm Water Management Plan be developed and implemented for soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1197.01 (C) is proposed.
  1. The Village of Granville shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary.  The Village of Granville may consult with the Licking County SWCD, private engineers, storm water districts, or other technical experts in reviewing the Comprehensive Storm Water Management Plan.

            1197.06           APPLICATION PROCEDURES

  1. Pre-Application Meeting: The applicant shall attend a Pre-Application Meeting with the Village Engineer to discuss the proposed project, review the requirements of this regulation, identify unique aspects of the project that must be addressed during the review process, and establish a preliminary review and approval schedule. 
  1. Preliminary Comprehensive Storm Water Management Plan:  The applicant shall submit two (2) sets of a Preliminary Comprehensive Storm Water Management Plan (Preliminary Plan) and the applicable fees to the Village Engineer and/or the Service Director. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, storm water control facilities, and easements in sufficient detail and engineering analysis to allow the Village Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed storm water management practices are capable of controlling runoff from the site in compliance with this regulation. The applicant shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:
  1. For subdivisions: In conjunction with the submission of the preliminary subdivision plan. 
  1. For other construction projects: In conjunction with the application for a zoning permit.
  1. For general clearing projects:  In conjunction with the application for a zoning permit.  

C.        Final Comprehensive Storm Water Management Plan:  The applicant shall submit two (2) sets of a Final Comprehensive Storm Water Management Plan (Final Plan) and the applicable fees to the Village Engineer and/or the Service Director in conjunction with the submittal of the final plat, improvement plans, or application for a building or zoning permit for the site.  The Final Plan shall meet the requirements of Section 1197.08, shall demonstrate compliance with the Performance Standards and requirements established in Section 1197.09, and shall be approved by the Village Engineer prior to approval of the final plat and/or before issuance of a Zoning Permit. 

D.        Review and Comment: The Village Engineer and/or the Service Director shall review the Preliminary and Final Plans submitted, and shall approve or return for revisions with comments and recommendations for revisions.  A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan. 

E.                                                         Approval Necessary: Land clearing and soil-disturbing activities shall not begin and zoning and/or    building permits shall not be issued without an approved Comprehensive Storm Water Management Plan. 

F.         Valid for Two Years: Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval. 

            1197.07          COMPLIANCE WITH STATE AND FEDERAL REGULATIONS 

Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies.  If requirements vary, the most restrictive shall prevail.  These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the Village of Granville will issue a building or zoning permit.

            1197.08           COMPREHENSIVE STORM WATER MANAGEMENT PLANS 

  1. A.                 Comprehensive Storm Water Management Plan Required:  The applicant shall develop a Comprehensive Storm Water Management Plan describing how the quantity and quality of storm water will be managed after construction is complete for every discharge from the site and/or into a water resource.  The Plan will illustrate the type, location, and dimensions of every structural and non-structural storm water management practice incorporated into the site design, and the rationale for their selection.  The rationale must address how these storm water management practices will address flooding within the site as well as flooding that may be caused by the development upstream and downstream of the site. The rationale will also describe how the storm water management practices minimize impacts to the physical, chemical, and biological characteristics of on-site and downstream water resources and, if necessary, correct current degradation of water resources that is occurring or take measures to prevent predictable degradation of water resources.
  1. B.                 Preparation by Professional Engineer: The Comprehensive Storm Water Management Plan shall be prepared by a registered professional engineer and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the Village Engineer, a site survey shall be performed by a Registered Professional Surveyor to establish boundary lines, measurements, or land surfaces.

C.                                                        Community Procedures:  The Village Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the storm water management system for the site. These procedures may be updated from time to time, at the discretion of the Village Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The Village Engineer shall make the final determination of whether the practices proposed in the Comprehensive Storm Water Management Plan meet the requirements of this regulation. The Village Engineer may also maintain a list of acceptable Best Management Practices, including the most current edition of the Mid Ohio Regional Planning Commission (MORPC) Stormwater Manual, that meet the criteria of this regulation to be used in the Village of Granville.

D.                                                        Contents of Comprehensive Storm Water Management Plan: The Comprehensive Storm Water Management Plan shall contain an application, narrative report, construction site plan sheets, a long-term Inspection and Maintenance Agreement, and a site description with the following information provided: 

  1. Site description:
  1. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.). 
  1. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, clearing, excavation, filling or grading, including off-site borrow areas). 
  1. A description of prior land uses at the site. 
  1. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.
  1. Existing data describing the soils throughout the site, including the soil series and association, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers. 
  1. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses. 
  1. The location and name of the immediate water resource(s) and the first subsequent water resource(s). 
  1. The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or will receive discharges from the project. 
  1. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability. 
  1. Site map showing: 
  1. Limits of soil-disturbing activity on the site. 
  1. Soils types for the entire site, including locations of unstable or highly erodible soils.
  1. Existing and proposed one-foot (1') contours.  This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.
  1. Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the applicant intends to fill or relocate for which the applicant is seeking approval from the Army Corps of Engineers and/or Ohio EPA. 
  1. Existing and planned locations of buildings, roads, parking facilities, and utilities. 
  1. The location of any in-stream activities including stream crossings. 
  1. Contact information:  Company name and contact information as well as contact name, addresses, and phone numbers for the following: 
  1. The Professional Engineer who prepared the Comprehensive Storm Water Management Plan. 
  1. The site owner. 
  1. Phase, if applicable, of the overall development plan. 
  1. List of sublot numbers if project is a subdivision. 
  1. Ohio EPA NPDES Permit Number and other applicable state and federal permit numbers, if available, or status of various permitting requirements if final approvals have not been received. 
  1. Location, including complete site address and sublot number if applicable. 
  1. Location of any easements or other restrictions placed on the use of the property.
  1. A site plan sheet showing:
  1. The location of each proposed post-construction storm water management practice.

The geographic coordinates of the site AND each proposed practice in North American Datum Ohio State Plane North.  

It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review.  If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided. 

  1. An Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for storm water management practices under this regulation shall be between the Village of Granville and the applicant and shall contain the following information and provisions: 
  1. The location of each storm water management practice, including those practices permitted to be located in, or within 50 feet of, water resources, and identification of the drainage area served by each storm water management practice. 
  1. A schedule for regular maintenance for each aspect of the storm water management system to ensure continued performance of that system as is detailed in the approved Comprehensive Storm Water Management Plan. This schedule may include additional standards, as required by the Village of Granville Engineer, to ensure continued performance of storm water management practices permitted to be located in, or within 50 feet of, water resources. 
  1. Identification of the landowner(s), organization, or municipality responsible for long-term maintenance, including repairs, of the storm water management practices. 
  1. The landowner(s), organization, or municipality shall maintain storm water management practices in accordance with this regulation. 
  1. The Village of Granville shall conduct inspections as necessary to verify that the storm water management practices are being maintained and operated in accordance with this regulation.
  1. The Village of Granville shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or municipality responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the storm water practices into proper working condition. 
  1. If the Village of Granville notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame as determined by the Village of Granville.
  1. The Village of Granville is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for maintenance does not make the required corrections in the specified time period. The Village of Granville shall be reimbursed by the landowner(s), organization, or municipality responsible for maintenance for all expenses incurred within 10 days of receipt of invoice from the Village of Granville.
  1. The method of funding long-term maintenance and inspections of all storm water management practices.  
  1. A release of the Village of Granville from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the Village of Granville from the construction, presence, existence, or maintenance of the storm water management practices.  

Alteration or termination of these stipulations is prohibited.  The applicant must provide a draft of this Inspection and Maintenance Agreement as part of the Comprehensive Storm Water Management Plan submittal. Once a draft is approved, a recorded copy of the Agreement must be submitted to the Village of Granville to receive final inspection approval of the site. 

  1. Calculations required:  The applicant shall submit calculations for projected storm water runoff flows, volumes, and timing into and through all storm water management practices for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain, as required in Section 1197.09 of this regulation.  These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The applicant shall also include critical storm determination and demonstrate that the runoff from upper watershed areas have been considered in the calculations.  
  1. List of all contractors and subcontractors before construction:  Prior to construction or before the pre-construction meeting, provide the list of all contractors and subcontractors names, addresses, and phone numbers involved with the implementation of the Comprehensive Storm Water Management Plan including a written document containing signatures of all parties as proof of acknowledgment that they have reviewed and understand the requirements and responsibilities of the Comprehensive Storm Water Management Plan.
  1. Existing and proposed drainage patterns: The location and description of existing and proposed drainage patterns and storm water management practices, including any related storm water management practices beyond the development area and the larger common development area. 
  1. For each storm water management practice to be employed on the development area, include the following: 
  1. a.                   Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.
  1. b.                  Final site conditions including storm water inlets and permanent nonstructural and structural storm water management practices.  Details of storm water management practices shall be drawn to scale and shall show volumes and sizes of contributing drainage areas. 
  1. c.                   Any other structural and/or non-structural storm water management practices necessary to meet the design criteria in this regulation and any supplemental information requested by the Village Engineer. 

            1197.09           PERFORMANCE STANDARDS

A.        General:  The storm water system, including storm water management practices for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; and to meet the following criteria:

  1. Integrated practices that address degradation of water resources.  The storm water management practices shall function as an integrated system that controls flooding and minimizes the degradation of the physical, biological, and chemical integrity of the water resources receiving storm water discharges from the site.  Acceptable practices shall: 
  1. Not disturb riparian areas, unless the disturbance is intended to support a  watercourse restoration project. 
  1. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable. 
  1. Only install new impervious surfaces and compact soils where necessary to support the future land use. 
  1. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing storm water peak flows to less than predevelopment levels. 

Storm water management practices that meet the criteria in this regulation, and additional criteria required by the Village Engineer shall comply with this regulation. 

  1. Practices designed for final use:  Storm water management practices shall be designed to achieve the storm water management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with minimal maintenance.
  1. Storm water management for all lots:  Areas developed for a subdivision, as defined in Chapter 1117, Design Standards, shall provide storm water management for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peaks from the lot.
  1. Storm water facilities in water resources:  Storm water management practices and related activities shall not be constructed in water resources unless the applicant shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1197.07 of this regulation, and the activity is in compliance with Chapter 1199, Erosion and Sediment Control, all as determined by the Village Engineer.
  1. Storm water ponds and surface conveyance channels:  All storm water pond and surface conveyance designs must provide a minimum of one (1) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing storm water ponds and conveyance channels, the applicant shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.
  1. Exemption:  The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1197.09 if it can be shown to the satisfaction of the Village Engineer that the site is part of a larger common plan of development where the storm water management requirements for the site are provided by an existing storm water management practice, or if the storm water management requirements for the site are provided by practices defined in a regional or local storm water management plan approved by the Village Engineer.
  1. Maintenance:  All storm water management practices shall be maintained in accordance with Inspection and Maintenance Agreements approved by the Village Engineer as detailed in Section 1197.08.
  2. Ownership: Unless otherwise required by the Village of Granville, storm water management practices serving multiple lots in subdivisions shall be on a separate lot held and maintained by an entity of common ownership or, if compensated by the property owners, by the Village of Granville.  Storm water management practices serving single lots shall be placed on these lots, protected within an easement, and maintained by the property owner. 
  1. Preservation of Existing Natural Drainage.  Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation; and maintaining unconcentrated storm water runoff to and through these areas. 
  1. Storm Water Conveyance Design Criteria 
  1. Stream relocation or enclosure: 
  1. Off-site storm water discharges:
  1. Sheet flow:
  1. Open channels:
  1. Open drainage systems: 
  1. a.                   Storm sewers shall be designed such that they do not surcharge from runoff caused by the 5‑year, 24‑hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway during a 10‑year, 24‑hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributory area within the proposed development and existing flows from offsite areas that are upstream from the development.  
  1. b.                  The minimum inside diameter of pipe to be used in public storm sewer systems is 12 inches. Smaller pipe sizes may be used in private systems, subject to the approval of the Village Engineer.
  1. c.                   All storm sewer systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.
  1. d.                  The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed. 
  1. e.                   Full headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes. 
  1. Water Resource Crossings. The following criteria shall be used to design structures that cross a water resource in the Village of Granville: 
  1. a.                   Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum 25‑year, 24‑hour storm.   
  1. b.                  Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development.  Bridges and open spans should be considered for all State Scenic Rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams.  The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark.
  1. c.                   If a culvert or other closed bottom crossing is used, twenty-five (25) percent of the cross-sectional area or a minimum of 1 foot of box culverts and pipe arches must be embedded below the channel bed.  
  1. d.                  The minimum inside diameter of pipes to be used for crossings shall be 12 inches. 
  1. e.                   The maximum slope allowable shall be a slope that produces a 10‑fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.
  1. f.                    All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource.  The tailwater elevation used shall be based on the design storm frequency. 
  1. g.                   Full headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes. 
  1. h.                   Streams with a drainage area of 5 square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event. 
  1. i.                     Bridges shall be designed such that the hydraulic profile through a bridge shall be below the bottom chord of the bridge for either the 100‑year, 24‑hour storm, or the 100‑year flood elevation as determined by FEMA, whichever is more restrictive.
  1. Overland flooding:  Overland flood routing paths shall be used to convey storm water runoff from the 100‑year, 24‑hour storm event to an adequate receiving water resource or storm water management practice such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least one foot below the finished grade elevation at the structure. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.
  1. Compensatory flood storage mitigation: In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the Village of Granville must be compensated by removing an equivalent volume of material. For all areas of development that do not increase the floodplain storage by 1/10th of the floodplain elevation there shall be no compensatory flood storage requirement.  First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the Village of Granville, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development.  Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited. 
  1. Velocity dissipation:  Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.  
  1. Storm Water Quality Control:  
  1. Direct runoff to a BMP:  The site shall be designed to direct runoff to one or more of the following storm water management practices.  These practices are listed in Table 2 of this regulation and shall be designed to meet the following general performance standards:
  1. a.                   Extended conveyance facilities that slow the rate of storm water runoff; filter and biodegrade pollutants in storm water; promote infiltration and evapotranspiration of storm water; and discharge the controlled runoff to a water resource. 
  1. b.                  Extended detention facilities that detain storm water; settle or filter particulate pollutants; and release the controlled storm water to a water resource. 
  1. c.                   Infiltration facilities that retain storm water; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured storm water into the ground. The Village Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.
  1. d.                  The Village Engineer may approve other BMPs if the applicant demonstrates to the Village Engineer satisfaction that these BMPs meet the objectives of this regulation as stated in Section 1197.09.C.6. 
  1. Criteria applying to all storm water management practices.  Practices chosen must be sized to treat the water quality volume (WQv) and to ensure compliance with Ohio Water Quality Standards (OAC Chapter 3745-1).
  1. a.                   The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:

(1)                Through a site hydrologic study approved by the Village Engineer that uses continuous hydrologic simulation; site-specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed best management practices controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or 

(2)                Using the following equation:

                    WQV = C*P*A/12    

               where terms have the following meanings:

                    WQV = water quality volume in acre-feet

                                          C  = runoff coefficient appropriate for storms less than 1”

                              P = 0.75 inch precipitation depth

                     A = area draining into the storm water practice, in acres.

Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the water quality volume are listed in Table 1.  Alternatively, the Village Engineer may consider use of the following equation to calculate the runoff coefficient if the applicant can demonstrate that appropriate controls are in place to limit the proposed impervious area of the development: 

                           C=0.858i3 – 0.78i2 + 0.774i+0.04, where:        

                           i = fraction of the drainage area that is impervious 

Table 1: Runoff Coefficients Based on the Type of Land Use

Land Use

Runoff Coefficient

Industrial & Commercial

0.8

High Density Residential (>8 dwellings/acre)

0.5

Medium Density Residential (4 to 8 dwellings/acre)

0.4

Low Density Residential (<4 dwellings/acre)

0.3

Open Space and Recreational Areas

0.2

Where land use will be mixed, the runoff coefficient should be calculated using a weighted average.  For example, if 60% of the contributing drainage area to the storm water treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3)+(0.3)(0.5)+(0.1)(0.2) = (0.35) 

  1. b.                  An additional volume equal to 20% of the WQv shall be incorporated into the storm water practice for sediment storage.
  1. c.                   Storm water quality management practices shall be designed such that the drain time is long enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 2. 

Table 2:  Draw Down Times for Storm Water Management Practices

Best Management Practice

Drain Time of WQv

Infiltration Facilities

24 - 48 hours

Extended Conveyance Facilities (Vegetated Swales, Filter Strips)

  • Extended Conveyance Detention Design
  • Flow Through Design

 

24 hours

*

Extended Detention Facilities

  • Extended Dry Detention Basins

 

48 hours

  • Wet Detention Basins **

24 hours

  • Constructed Wetlands (above permanent pool)

24 hours

  • Media Filtration, Bioretention

40 hours

*  Size to pass a hydrograph with a volume equal to the WQv, a duration of 2 hours, and peak rainfall intensity of 1 inch/hour at a depth of no more than 3 inches. The use of this criterion is limited to sites where the total area disturbed is 5 acres or less.

**Provide both a permanent pool and an extended detention volume above the permanent pool, each sized with at least 0.75*WQV .

  1. d.                  Each practice shall be designed to facilitate sediment removal, vegetation management, debris control, and other maintenance activities defined in the Inspection and Maintenance Agreement for the site.  
  1. Additional criteria applying to infiltration facilities. 
  1. a.                   Infiltration facilities shall only be allowed if the soils of the facility fall within hydrologic soil groups A or B, and if the seasonal high water table and any underlying bedrock are at least six feet below the final grade elevation. 
  1. b.                  All runoff directed into an infiltration basin must first flow through an extended conveyance facility to remove coarser sediments that could cause a loss of infiltration capacity. 
  1. c.                   During construction, all runoff from disturbed areas of the site shall be diverted away from the proposed infiltration basin site.  No construction equipment shall be allowed within the infiltration basin site to avoid soil compaction.
  1. Additional criteria applying to extended conveyance facilities.
  1. a.                   Facilities shall be lined with fine turf-forming, flood tolerant grasses. 
  1. b.                  Facilities designed according to the extended conveyance detention design drain time shall: 

(1)                Not be located in areas where the depth to bedrock and/or seasonal high water table is less than 3 feet below the final grade elevation.

(2)                Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a 2.5 foot deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an underdrain system is provided. 

  1. c.                   Facilities designed according to the flow through design drain time shall: 

(1)                Only be allowed on sites where the total area disturbed is 5 acres or less. 

(2)                Be designed to slow and filter runoff flowing through the turf grasses with a maximum depth of flow no greater than 3 inches. 

  1. d.                  Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time. 
  1. Additional criteria for extended detention facilities: 
  1. a.                   The outlet shall be designed to release the bottom 50 percent of the water quality volume in no less than 2/3rd of the drain time. A valve shall be provided to drain any permanent pool volume for removal of accumulated sediments.  The outlet shall be designed to minimize clogging, vandalism, and maintenance.
  1. b.                  The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability: 

(1)        Basin side slopes above the permanent pool shall have a run to rise ratio of 4:1 or flatter. 

(2)        The perimeter of all permanent pool areas deeper than 4 feet shall be surrounded by an aquatic bench that extends at least 8 feet and no more than 15 feet outward from the normal water edge. The 8 feet wide portion of the aquatic bench closest to the shoreline shall have an average depth of 6 inches below the permanent pool to promote the growth of aquatic vegetation.  The remainder of the aquatic bench shall be no more than 15 inches below the permanent pool to minimize drowning risk to individuals who accidentally or intentionally enter the basin, and to limit growth of dense vegetation in a manner that allows waves and mosquito predators to pass through the vegetation.   The maximum slope of the aquatic bench shall be 10 (H) to 1 (V).  The aquatic bench shall be planted with hearty plants comparable to wetland vegetation that are able to withstand prolonged inundation. 

(3)                A forebay designed to allow larger sediment particles to settle shall be placed at basin inlets.  The forebay volume shall be equal to at least 10% of the water quality volume (WQv). 

  1. Additional criteria applying to extended conveyance facilities.
  1. a.                   Facilities shall be lined with fine turf-forming, flood tolerant grasses. 
  1. b.                  Facilities designed according to the extended detention design drain time shall: 

(1)       Not be located in areas where the depth to bedrock and/or seasonal

          high water table is less than 3 feet below the final grade elevation.

                                                     (2)     Only be allowed where the underlying soil consists of hydrologic

                                              soil group (HSG) A or B, unless the underlying soil is replaced by                                                  at least a 2.5 foot deep layer of soil amendment with a permeability                                                equivalent to a HSG A or B soil and an underdrain system is  

                                              provided.

  1. c.                   Swales and filter strips designed according to the flow through drain time shall:

 

                                    (1)        Only be allowed on sites where the total area disturbed is 5 acres

                                                or less.

                                    (2)        Be designed to slow and filter runoff flowing through the turf

                                                grasses with a maximum depth of flow no greater than 3 inches.

  1. d.                  Concentrated runoff shall be converted to sheet flow before entering an extended conveyance facility designed according to the flow through drain time.
  1. Alternative post-construction BMPs:  The applicant may request approval from the Village Engineer for the use of alternative structural post-construction BMPs, if the applicant shows to the satisfaction of the Village Engineer and with prior written approval from Ohio EPA, that these BMPs are equivalent in pollutant removal and runoff flow/volume reduction effectiveness to those listed in Table 2. 
  1. Storm Water Quantity Control: The Comprehensive Storm Water Management Plan shall describe how the proposed storm water management practices are designed to meet the following requirements for storm water quantity control for each watershed in the development: 
  1. The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.
  1. Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions.  The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement. 
  2. The Critical Storm for each specific development drainage area shall be determined as follows:
  3. Determine, using a curve number-based hydrologic method that generates hydrographs, or other hydrologic method approved by the Village Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards: 

(1)                Calculations shall include the lot coverage assumptions used for full build out as proposed. 

(2)                Calculations shall be based on the entire contributing watershed to the development area. 

(3)                Curve numbers for the pre-development condition must reflect the average type of land use over the past 10 years and not only the current land use.  

(4)                To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways, regardless of the surface proposed in the site description. 

  1. From the volume determined in Section 1197.09(D)(3)(a), determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 3.

Table 3: 24-Hour Critical Storm

 

If the Percentage of Increase in Volume of Runoff is:

 

The Critical Storm will be:

 

Equal to or Greater Than:

 

and Less Than:

 

----

 

10

 

1 year

 

10

 

20

 

2 year

 

20

 

50

 

5 year

 

50

 

100

 

10 year

 

100

 

250

 

25 year

 

250

 

500

 

50 year

 

500

 

---

 

100 year

For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm.  The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area.  The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms.

E.         Storm Water Management on Redevelopment Projects:  Comprehensive Storm Water Management Plans for redevelopment projects shall reduce existing site impervious areas by at least 20 percent. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide storm water quality control facilities for at least 20 percent of the site’s impervious area. When a combination of impervious area reduction and storm water quality control facilities is used, the combined area shall equal or exceed 20 percent of the site. Where conditions prevent impervious area reduction or on-site stormwater management for redevelopment projects, practical alternatives as detailed in Section 1197.10 may be approved by the Village Engineer. 

            1197.10           ALTERNATIVE ACTIONS 

  1. When the Village of Granville determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of storm water quantity. Such alternatives shall meet the following standards:
  2. Shall achieve the same level of storm water quantity and quality control that would be achieved by the on-site controls required under this regulation.
  3. Implemented in the drainage area of the proposed development project to the maximum extent practicable.
  4. Alternative actions may include, but are not limited to the following.  All alternative actions shall be approved by the Village Engineer:Fees, in an amount specified by the Village of Granville to be applied to community-wide storm water management practices.
  5. Implementation of off-site storm water management practices and/or the retrofit of an existing practice to increase quality and quantity control.
  6. Stream, floodplain, or wetland restoration.
  7. Acquisition or conservation easements on protected open space significantly contributing to storm water control such as wetland complexes.

            1197.11           EASEMENTS 

Access to storm water management practices as required by the Village Engineer for inspections and maintenance shall be secured by easements.  The following conditions shall apply to all easements: 

  1. Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Storm Water Management Plan. 
  2. Easements shall be approved by the Village of Granville prior to approval of a final plat and shall be recorded with the Licking County Recorder and on all property deeds.
  3. Unless otherwise required by the Village Engineer, access easements between a public right-of-way and all storm water management practices shall be no less than 25-feet wide. The easement shall also incorporate the entire practice plus an additional 25-foot wide band around the perimeter of the storm water management practice.
  4. The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site. 
  5. Easements to structural storm water management practices shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of storm water and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the Village of Granville.  Any re-grading and/or obstruction placed within a maintenance easement may be removed by the Village of Granville at the property owners’ expense. 

            1197.12           MAINTENANCE AND FINAL INSPECTION APPROVAL

 To receive final inspection and acceptance of any project, or portion thereof, the following must be completed and provided to the Village Engineer:

  1. Final stabilization must be achieved and all permanent storm water management practices must be installed and made functional, as determined by the Village Engineer and per the approved Comprehensive Storm Water Management Plan. 
  2. An As-Built Certification, including a Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the storm water management practices, as designed and installed, meet the requirements of the Comprehensive Storm Water Management Plan approved by the Village Engineer.  In evaluating this certification, the Village Engineer may require the submission of a new set of storm water practice calculations if he/she determines that the design was altered significantly from the approved Comprehensive Storm Water Management Plan.  The As-Built Survey must provide the location, dimensions, and bearing of such practices and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement. 
  3. A copy of the complete and recorded Inspection and Maintenance Agreement as specified in Section 1197.08 must be provided to the Village Engineer 

           1197.13         ON-GOING INSPECTIONS 

The Village of Granville shall inspect storm water management practices periodically.  Upon finding a malfunction or other need for maintenance, the Village of Granville shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance.  Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to makes repairs or submit a plan with detailed action items and established timelines.  Should repairs not be made within this time, or a plan approved by the Village Engineer for these repairs not be in place, the Village of Granville may undertake the necessary repairs and assess the responsible party. 

            1197.14         FEES 

The Comprehensive Storm Water Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village of Granville before the review process begins.  The Village Engineer shall establish a fee schedule based upon the actual estimated cost for providing these services. 

            1197.15           BOND

      A.  If a Comprehensive Storm Water Management Plan is required by this regulation, soil-disturbing              activities shall not be permitted until a surety bond of 100% of the total stormwater management            project cost, has been deposited with the Village of Granville Finance Department.  This surety                  bond shall be posted for the Village of Granville to perform the obligations otherwise to be                        performed by the owner of the development area as stated in this regulation and to allow all                    work to be performed as needed in the event that the applicant fails to comply with the                            provisions of this regulation.  The stormwater bond will be returned, less Village of Granville                      administrative fees as detailed in Section 1135.01, Zoning Fees of the Village of Granville                          Codified Ordinances, when the following three criteria are met:

  1. After 80% of the lots of the project have been complete or 100% of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed. 
  2. An As Built Inspection of all water quality practices is conducted by the Village Engineer. 
  3. A Inspection and Maintenance Agreement signed by the developer, the contractor, the Village of Granville, and the private owner or homeowners association, who will take long term responsibility for these BMPs, is accepted  by the Village Engineer.

      B. Once these criteria are met, the applicant shall be reimbursed all bond monies that were not                   used for any part of the project.  If all of these criteria are not met after three years of permanent           stabilization of the site, the Village of Granville may use the bond monies to fix any outstanding               issues with all storm water management structures on the site and the remainder of the bond                 shall be given to the private lot owner/homeowners association for the purpose of long term                   maintenance of the project.

1197.16             INSTALLATION OF WATER QUALITY BEST MANAGEMENT PRACTICES 

The applicant may not direct runoff through any water quality structures, or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the Village Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods.  The developer must provide documentation acceptable to the Village Engineer to demonstrate that the site is completely stabilized.  Upon this proof of compliance, the water quality structure(s) may be completed and placed into service.    Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within 2 days.   

              1197.17         VIOLATIONS 

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 regulation. 

               1197.18        APPEALS FROM DECISIONS

A.        Any person aggrieved by any order, requirement, determination, or any other action or inaction may appeal the decision to the Board of Building and Zoning Appeal by filing a written notice of appeal with the Village Clerk not later than ten (10) days after the decision is delivered by personal service or postmarked by the U.S. mail, postage prepaid, return-receipt requested, to the person seeking to appeal. 

B.         At the time of filing the notice of appeal, if the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the weight of the evidence, the appellant shall include in the record all evidence relevant to the findings or conclusion. 

C.        A person who intends to appear at the appeal hearing as an appellee may file with the Clerk additional parts of the record at any time before the hearing. 

            1197.99           PENALTY 

  1. 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 is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense.  A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
  1. The imposition of any other penalties provided herein shall not preclude the Village of Granville 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 of Granville. 

Section 2: This ordinance shall take effect and be in full force from and after the earliest period allowed by law.

 Passed this 15th day of December, 2010.

Ordinance No. 22-2012

ORDINANCE NO. 22-2010 

AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF GRANVILLE, STATE OF OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2011 

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year beginning January 1, 2011 and ending December 31, 2011 and; 

 WHEREAS, the Manager has submitted a proposed budget with estimates and explanatory data, and; 

 WHEREAS, a public hearing has been held and said budget, with estimates, has been presented as required by Section 6.06 of Article VI of the Charter.

 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, a majority of the members elected thereto herein concurring that, to provide for the current expenses and other expenditures of said Village of Granville during the fiscal year ending December 31, 2011, the following sums be and are hereby set aside and appropriated as follows:

Section I: The annual budget submitted by the Manager in accordance with the provisions of Section 6.05, Article VI, of the Charter, be and the same hereby is adopted. 

Section II: That there be appropriated from the General Fund:

Program I - Security of Persons and Property 

A-1-1-A POLICE LAW ENFORCEMENT

 211 Salaries/Wages $681,386

 212 Employee Benefits $253,380

 230 Contractual Services $ 68,400

 240 Supplies & Materials $ 71,600

 250 Capital Outlay $ 37,200 

 270 Transfers $ 4,000

 TOTAL $1,115,966 

A1-1-C STREET LIGHTING

 230 Contractual Services $ 40,000

 250 Capital Outlay $ 9,000

 TOTAL $ 49,000

 

Total Program I - Security Of Person And Property $1,164,966 

Program II - Public Health and Human Services 

A1-2-B COUNTY HEALTH DISTRICT

 230 Contractual Services $ 27,000

 TOTAL $ 27,000 

Total Program II - Public Health And HUMAN SERVICES $ 27,000


Program III - Community Environment 

A1-4-F COMMUNITY SERVICES

 230 Contractual Services $ 72,000

 240 Supplies & Materials $ 9,500

 250 Capital Outlay $ 21,000

 270 Transfers $ 5,000

 TOTAL $ 107,500

A1-4-X BUSINESS DEVELOPMENT

 230 Contractual Services $ 7,000

 TOTAL $ 7,000

Total Program III - Community Environment $ 114,500

Program VI - Transportation

A1-6-A STREET CONSTRUCTION

 230 Contractual Services $ 80,000

 250 Capital Outlay $562,270

 260 Debt Service $ 30,988

 270 Transfer $ 0

 TOTAL $ 673,258 

A1-6-B STREET MAINTENANCE AND REPAIR

 211 Salaries/Wages $407,015

 212 Employee Benefits $151,825

 230 Contractual Services $ 57,200

 240 Supplies & Materials $ 15,000

 270 Transfers $ 55,000

 TOTAL $ 686,040 

A1-6-D STORM SEWERS AND DRAINS

 230 Contractual Services $ 20,000

240 Supplies & Materials $ 18,000

250 Capital Outlay $ 40,000

 TOTAL $ 78,000 

A1-6-G SIDEWALKS

 230 Contractual Services $ 20,000

 250 Capital Outlay $ 20,000

 270 Transfers $ 40,000 TOTAL $ 80,000 

Total Program VI - Transportation $1,517,298

Program V - General Government 

A1-7-A ADMINISTRATIVE OFFICES

 211 Salaries/Wages $277,589

 212 Employee Benefits $138,500

230 Contractual Services $ 37,000

 240 Supplies & Materials $ 26,000 TOTAL $ 479,089 

A1-7-B LEGISLATIVE ACTIVITIES

 211 Salaries/Wages $ 3,000 

 212 Employee Benefits $ 475

230 Contractual Services $ 33,200

240 Supplies & Materials $ 8,000

 TOTAL $ 44,675

A1-7-C MAYOR'S COURT

 211 Salaries/Wages $ 45,225

 212 Employee Benefits $ 20,150

 230 Contractual Services $ 51,700

 240 Supplies & Materials $ 3,400

 TOTAL $ 120,475 

A1-7-D INCOME TAX

 211 Salaries/Wages $ 50,000

 212 Employee Benefits $ 24,025

 230 Contractual Services $ 3,700

 240 Supplies & Materials $ 13,000

 280 Refunds $ 58,000

 TOTAL $ 148,725 

A1-7-E LANDS & BUILDINGS

 211 Salaries/Wages $ 28,560

 212 Employee Benefits $ 5,225

 230 Contractual Services $ 90,500

 240 Supplies & Material $ 11,000 

 260 Debt Service $ 25,000

270 Transfers $195,000 

 TOTAL $ 355,285

A1-7-F BOARDS & COMMISSIONS

 211 Salaries/Wages $ 93,420

 212 Employee Benefits $ 46,000

 230 Contractual Services $ 61,030

 240 Supplies & Materials $ 9,500 

TOTAL $ 209,950 

A1-7-G COUNTY AUDITOR & TREASURERS' FEES

 230 Contractual Services $ 23,000

 TOTAL $ 23,000

A1-7-H TAX DELINQUENT LAND ADVERTISING

 230 Contractual Services $ 325

 TOTAL $ 325 

A1-7-I STATE AUDITOR’S FEES

 230 Contractual Services $ 2,000

 TOTAL $ 2,000 

A1-7-J ELECTION

 230 Contractual Services $ 2,500

 TOTAL $ 2,500 

A1-7-K LAW

 211 Salaries/Wages $ 12,000

 212 Employee Benefits $ 2,104

 230 Contractual Services $ 85,000

 240 Supplies & Materials $ 1,000

 TOTAL $ 100,104 

Total Program VII - General Government $1,486,128

GRAND TOTAL GENERAL FUND APPROPRIATIONS $4,309,892

Section III: That there be appropriated from the following Special Revenue Funds: 

B1-6-B STREET & MAINTENANCE REPAIR

 230 Contractual Services $ 23,900 

240 Supplies & Materials $160,650

250 Capital Outlay $ 11,100

 TOTAL $ 195,650 

B2-6-B STATE HIGHWAY FUND

 230 Contractual Services $ 13,000

250 Capital Outlay $ 11,100 

 TOTAL $ 24,100 

Section IV: That there be appropriated from the following BRYN DU Fund: 

B4 BRYN DU FUND

 230 Contractual Services $ 25,000

 250 Capital Outlay $ 50,000

 260 Debt Service $575,000

 TOTAL $ 650,000 

Section V: That there be appropriated from the following Law Enforcement Trust Fund: 

B9 LAW ENFORCEMENT TRUST FUND

 240 Supplies & Materials $ 500

 TOTAL $ 500

B13 LAW ENFORCEMENT & EDUCATION FUND

 240 Supplies & Materials $2,000

 TOTAL $ 2,000 

Grand Total special revenue fund $ 872,250 

Section VII: That there be appropriated from the following Enterprise Funds: 

E1- WATER FUND

E1-5-E PRODUCTION

 211 Salaries/Wages $196,022 

212 Employee Benefits $ 74,350

 230 Contractual Services $149,400

 240 Supplies & Materials $ 82,600

 260 Debt Service $ 80,225

 270 Transfers $ 50,025

 280 Refunds $ 400

 TOTAL $633,022 

E1-5-F WATER DISTRIBUTION

 211 Salaries/Wages $ 50,990

 212 Employee Benefits $ 24,900

 230 Contractual Services $ 26,100 

 240 Supplies & Materials $ 39,750

 270 Transfers $ 4,000

TOTAL $ 145,740 

TOTAL FOR E-1 - WATER FUND APPROPRIATION $ 778,762

E2 - SEWAGE 

E2-5-G SEWAGE TREATMENT

 211 Salaries/Wages $124,631

 212 Employee Benefits $ 47,850

 230 Contractual Services $206,900 

 240 Supplies & Material $ 65,500 

 260 Debt Service $ 48,900

 270 Transfers $ 23,752

 280 Refunds $ 400

 TOTAL $ 517,933 

E2-5-H SEWAGE COLLECTION

 211 Salaries \ Wages $ 37,527

 212 Employee Benefits $ 14,650

 230 Contractual Services $ 58,000 

 240 Supplies & Materials $ 28,000

 270 Transfers $ 23,752

 TOTAL $ 161,929 

TOTAL FOR E2 SEWER FUND APPROPRIATIONS $ 679,862 

E8 REFUSE COLLECTION FUND 

230 Contractual Service $250,000

280 Refunds $ 400

TOTAL $ 250,400 

E91 WATER CAPITAL IMPROVEMENTS FUND

 250 Capital Outlay $ 0

 280 Refunds $ 3,000 

 TOTAL $ 3,000 

C-3 SEWER REPLACEMENT & IMPROVEMENT FUND

 250 Capital Outlay $ 50,000

 TOTAL $ 50,000 

GRAND TOTAL ENTERPRISE FUND: $1,762,024

Section VIII: That there be appropriated from the INTERNAL SERVICE FUND: 

A7-6-B PATHWAY RESERVE FUND

250 Capital Outlay $ 92,000

TOTAL $ 92,000 

F2 EQUIPMENT RESERVE FUND

 250 Capital Outlay $ 98,121

 TOTAL $ 98,121 

GRAND TOTAL INTERNAL SERVICE FUND $ 190,121 

Section IX: That there be appropriated from the Special Assessment Fund: 

H1-1 EAST WATERLINE

H1-1-A Incidental Expenses $ 1,000

H1-1-B Principal $ 12,700

H1-1-C Interest $ 6,000

 TOTAL $ 19,700 

H4-4 WESTGATE SEWER

H4-4-A Incidental Expenses $ 550

H4-4-B Principal $ 5,500

H4-4-C Interest $ 2,700

TOTAL $ 8,750 

GRAND TOTAL SPECIAL ASSESSMENT FUND $ 28,450 

Section X: Sums expected from the above appropriation which are proper charges against any other department or against any firm, person, or corporation, if repaid within the period covered by such appropriation, shall be considered re-appropriated for such original purposes, provided that the net total of the expenditures under any appropriation shall not exceed the original total. 

Section XI: That this ordinance therefore shall become effective as of January 1, 2011, for the purpose of effecting expenditures within the limitations herein set forth, during the fiscal year extending from that date to December 31, 2011. This appropriation ordinance shall become effective as provided in Section 6.07, Article VI of the Charter of the Village of Granville, Ohio, and shall take effect and be in force from and after the earliest date allowed by law. 

Passed this 15th day of December, 2010.

Ordinance No. 21-2012

ORDINANCE NO. 21-2010 

AN ORDINANCE TO AMEND SECTION 333.03(b)(3) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ESTABLISH A 35 MPH SPEED LIMIT ON LANCASTER ROAD AND RIVER ROAD, AND DECLARING AN EMEGERNCY 

WHEREAS, a portion of Lancaster Road and River Road were recently annexed into the Village of Granville; and

WHEREAS, the Codified Ordinances of the Village of Granville provide that the appropriate speed limit for through highways outside of a business district is 35 miles per hour; and 

WHEREAS, the current speed limit on the recently annexed section of Lancaster Road is 45 miles per hour and on River Road is 55 miles per hour.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT: 

Section 1. That existing Section 333.03 (b) (3) of the Codified Ordinances of the Village of Granville is hereby amended to read as follows: 

333.03 MAXIMUM SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD 

(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transportation or Council, for the operator of a motor vehicle to operate the same at a speed not exceeding the following: 

(3) Thirty-five miles per hour on all State routes or through highways within the Municipality outside business districts, except as provided in subsections (b)(4) and (5) hereof; thirty-five miles per hour on Welsh Hills Road from its intersection with North Granger Street to corporation limits; thirty-five miles per hour on Jones Road, from Newark-Granville Road north to the corporation limit; thirty-five miles per hour along the entire length of Newark-Granville Road; thirty-five miles per hour on James Road; thirty-five miles per hour on Lancaster Road; thirty-five miles per hour on River Road

Section 2.  That this ordinance is hereby declared to be an emergency measure    necessary for the immediate preservation of the public health, safety, and welfare of the inhabitants of the Municipality.  It shall be in full force and effect immediately upon its passage.

 PASSED this 17th day of November, 2010.

Ordinance No. 20-2012

ORDINANCE NO. 20-2010 

AN ORDINANCE TO AMEND SECTION 505.01 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ESTABLISH A LEASH LAW FOR THE DOWNTOWN AREA

WHEREAS, the Village periodically receives complaints from residents that dogs are running loose with the potential of destroying property and inflicting bodily injury; and 

WHEREAS, in a recent community survey, 83.1% of the respondents agreed that a dog should be required to be on a leash when in the Downtown Granville area; and 

WHEREAS, the purpose of this ordinance is to establish a leash law for the Downtown Granville area that will assist to prevent property damage and/or bodily injury due to dogs running at large. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio that: 

Section 1. Section 505.01 of the Codified Ordinances of the Village of Granville is hereby amended to read as follows: 

“505.01   DOGS AND OTHER ANIMALS RUNNING AT LARGE. 

(a) No person being the owner or having charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. 

(b), No person being the owner of or having charge of any dog, whether wearing a registration tag or not, shall permit it to run at large upon any public place or upon the premises of another. No owner, keeper or harborer of any female dog shall permit such dog to go beyond the premises of such owner or keeper at any time such dog is in heat, unless such dog is properly in leash. Subject to the provisions of paragraph (c) below, the owner or keeper of every dog shall at all times keep such dog either confined upon the premises of the owner or keeper, or under reasonable control of some person. 

(c) No person being the owner of or having charge of any dog shall permit the dog to enter upon any public or private property in Downtown Granville unless the dog is securely restrained by a leash and is under the full and complete care of a person of suitable age and discretion to control the dog. Exceptions to this requirement include when a dog is lawfully engaged in a sanctioned demonstration or show and accompanied by the owner or person having charge of the dog. 

(d) For the purposes of this section, Downtown Granville shall be defined as: 

1. Properties on East Broadway from Main Street to Granger Street 

2. Properties on North Prospect Street from Broadway to College Street 

3. Properties on South Prospect Street from Broadway to Elm Street 

4. Properties on Main Street from College Street to the TJ Evans Trail

(e) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section. 

(f) Whoever violates this section is guilty of a minor misdemeanor.” 

Section 2. This ordinance shall be effective from and after the earliest period allowed by law. 

Passed this 3rd day of November, 2010.

Ordinance No. 19-2012

ORDINANCE NO. 19-2010 

AN ORDINANCE TO PERMIT THE DEMOLITION OF SINGLE-STORY DETACHED ONE CAR GARAGE STRUCTURE AT 335 WEST ELM STREET 

WHEREAS, the Village of Granville adopted Chapter 1162 of the Granville Zoning Code in order to protect the aesthetic quality of the community and protect the significant viewsheds and corridors, and; 

WHEREAS, upon review of the request for demolition, the Village of Granville finds that the demolition of this single-story detached garage structure would in no way diminish the quality of life for the community and its residents. 

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that: 

Section I: The Village of Granville authorizes the demolition of a single-story, one car detached garage structure located on the property at 335 West Elm Street, which is identified in Exhibit A that is attached hereto.

Section II: In accordance with Section 1162.05 of the Codified Ordinances, the applicant shall furnish a surety bond in the amount of $3,500 to guarantee the approved demolition. Any future construction plans or landscaping that has not been commenced in a time period deemed sufficient by the Village Manager will result in the forfeiture of the surety bond.   

Section III: This ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Passed this 3rd day of November, 2010.

Ordinance No. 18-2012

REVERSED PLANNING COMMISSION DECISION – NOT ENACTED 

ORDINANCE NO. 18-2010 

AN ORDINANCE TO AMEND SECTION 1159.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ALLOW TWO-FAMILY AND MULTI-FAMILY RESIDENTIAL USES AS CONDITIONAL USES IN THE VILLAGE BUSINESS DISTRICT 

WHEREAS, Terra Nova Partners, LLC, has submitted a zoning amendment application for the property located at 384 East Broadway. 

WHEREAS, the requested zoning amendment would affect all properties within the Village Business District (VBD) zoning category.

WHEREAS, the proposed zoning amendment would expand the conditional uses allowed within that zoning district to include two-family and multi-family residential uses. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1. That existing section 1159.02 of the Codified Ordinances is hereby amended to read as follows:

 1159.02 PERMITTED AND CONDITIONAL USES.

 The uses in the Village District are subject to the site plan requirements of this chapter and the architectural review requirements of Chapter 1161, as well as the general provisions of this Zoning Ordinance. 

 (a) Permitted Uses.

 (1) Village Residential District.

 A. Single-family dwellings and accessory uses incidental thereto, such as garages.

 B. Nonprofit educational, civic, religious, and social uses which serve and are compatible with other permitted uses in this District.

 (2) Village Business District. The uses below are separated into use categories defined by capital letter subheadings. Zoning may be approved for any one or more of these categories (ex.: VBD-A). Should a proposed use not occur in the following list (ex.: a financial planning consultant), the Planning Commission, upon application, may approve such use if it is closely related to those uses listed in any specific category.

 A. Hotels, motels and inns, offering board and lodging.

 B. Specialty shops: antique shops, gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops and sporting goods.

 C. Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices. 

 D. Food, drug and beverage businesses: grocery stores, meat markets, drug stores and bakeries in conjunction with retail sales, restaurants and tea rooms.

 E. Retail outlets: furniture, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores.

 F. Clubs, sororities, fraternities, lodges and meeting places for other organizations, not including any use that is customarily conducted as a gainful business, and places of assembly.

 G. Service businesses: laundromat, dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair and tailor shops, printing shops with not more than ten full-time regular employees.

 H. Fitness related businesses.

 I. Accessory uses, buildings or structures to the previous A.-H. 

 (3) Village Square District.

 A. Nonprofit educational, civic, religious, and social uses which serve and are compatible with other permitted uses in this District.

 B. Uses permitted in the Village Residential District and the Village Business District

 (4) Village Institutional District.

 A. University and school buildings, including residence halls, food service facilities, classroom buildings and auditoriums.

 B. Faculty housing.

 C. Sorority and fraternity houses.

 D. Passive recreational areas including parks and walkways.

 (b) Conditional Uses. 

 (1) Village Residential District.

 A. Clubs, sororities, fraternities, lodges and meeting places for such organizations, not including any use that is customarily conducted as a gainful business.

 B. Home Occupations.

 

 (2) Village Business District.

 A. Parking lots.

 B. Mortuaries.

 C. Gas stations.

 D. Banks (including drive-in banks), finance and utility.

 E. Single family, two-family and multi-family residential uses. Two-family and multi-family residential uses may be allowed within the Core Business District only on the upper floors of structures and only when the first floor of the same structure is designated for a commercial use. For the purposes of this conditional use, the Core Business District area is defined as:

 1. East Broadway, on the north and south sides of the street, from Main Street to Pearl Street;

 2. North and South Prospect Streets, on the west and east sides of the street, from College Street to Elm Street; and

 3. South Main Street from Broadway to Elm Street.

 F. Bed and Breakfasts.

 (3) Village Square District.

 A. Cultural uses.

 (4) Village Institutional District.

 A. Active recreational uses such as play fields or skating rinks where a large number of participants and/or spectators can be anticipated.

 B. Parking lots to service a university or school. (Ord. 15-08. Passed 1-7-09.)

Section 2. This ordinance shall become effective upon the earliest date allowed by the laws of the State of Ohio and the Charter of the Village of Granville. 

Decision reversed this 17th day of November, 2010. 

Ordinance No. 17-2012

ORDINANCE NO. 17-2010 

AN ORDINANCE TO PERMIT THE DEMOLITION OF A SINGLE STORY HOUSE, WOODEN SHED AND MINI STORAGE BUILDINGS AT 877 RIVER ROAD AND 1919 LANCASTER ROAD 

WHEREAS, the Village of Granville adopted Chapter 1162 of the Granville Zoning Code in order to protect the aesthetic quality of the community and protect the significant view sheds and corridors; and, 

WHEREAS, upon review of the request for demolition, the Village of Granville finds that the demolition of the single story house, wooden shed and two metal mini storage buildings would in no way diminish the quality of life for the community and its residents. 

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that: 

Section I: The Village of Granville authorizes the demolition of the single story house, wooden shed and two metal mini storage buildings at 877 River Road and 1919 Lancaster Road and located on parcels 019-047280-00.000, 019-043236-01.000, and 019-049782-00.000. 

Section II: In accordance with Section 1162.05 of the Codified Ordinances, the applicant shall furnish a surety bond in the amount of $7,200 to guarantee the approved demolition. Any future construction plans or landscaping that has not been commenced in a time period deemed sufficient by the Village Manager will result in the forfeiture of the surety bond.   

Section III: This ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Passed this 20th day of October, 2010.

 

Ordinance No. 16-2012

ORDINANCE NO. 16-2010 

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $463,000 OF NOTES BY THE VILLAGE OF GRANVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING THE MANSION BUILDING PROPERTY LOCATED AT 537 JONES ROAD FOR VILLAGE PURPOSES 

WHEREAS, this council has heretofore determined the necessity of acquiring the mansion building property located at 537 Jones Road for village purposes (the “Project”);

WHEREAS, the Finance Director has heretofore certified that the maximum maturity of bonds issued for such purpose is thirty (30) years, and the maximum maturity of notes issued in anticipation of such bonds is twenty (20) years;

WHEREAS, this council expects that the debt service on such bonds will be paid from the general revenues of this village, and on such notes from such general revenues and the proceeds of such bonds or renewal notes (collectively, the “Revenues”); and

WHEREAS, notes heretofore issued to finance part of the cost of the Project (the "Prior Notes") are about to mature and should be renewed in an amount not to exceed $463,000;

NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio (hereinafter called the “Municipality”):

SECTION 1.  That it is necessary to issue bonds of the Municipality in the principal amount of not to exceed $463,000, for the purpose of paying part of the cost of the Project.  Such bonds shall be dated approximately November 1, 2011, shall bear interest at the rate of approximately seven per cent (7%) per annum and shall mature in substantially equal annual installments of principal and interest over a period not exceeding thirty (30) years after their issuance.

SECTION 2.  That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of not to exceed $463,000 shall be issued in anticipation of the issuance of said bonds.

SECTION 3.  That the Notes shall (i) be issued in a principal amount not exceeding that set forth above, (ii) be dated the date of their initial issuance, (iii) bear interest at a rate not to exceed seven percent (7%) per annum, payable at maturity, (iv) mature not more than one year from such date of initial issuance, and (v) be of such number and denominations as may be requested by the purchaser, all as determined by the Finance Director without further action of this council.

SECTION 4.   That the Notes shall be in either bearer or fully registered form without coupons, as may be requested by the purchaser, shall bear the signatures of the Village Manager or Mayor and Finance Director, provided that one of such signatures may be a facsimile, and may bear the seal of the Municipality or a facsimile thereof.  Payment of the principal of and interest on each Note in fully registered form shall be made only to the person whose name appears on the Note registration records as the registered holder thereof.  The Notes shall be designated “Real Estate Acquisition Bond Anticipation Notes, Eighth (2010) Renewal”, and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this ordinance.

The Municipality may deem and treat the registered holders of Notes in fully registered form as the absolute owners thereof for all purposes, and the Municipality shall not be affected by any notice to the contrary.

SECTION 5.  That the Notes shall be sold and awarded, at not less than par and accrued interest, by the Finance Director without further action of this council, in accordance with the purchaser’s offer to purchase, which the Finance Director is hereby authorized to accept without further action of this council.  The proceeds from the sale of the Notes, except any premium or accrued interest thereon, shall be paid into the proper fund and used for the purpose aforesaid and for no other purpose, and for which purpose such proceeds are hereby appropriated.  Any premium and accrued interest received from such sale shall be transferred to the bond retirement fund to be applied to the payment of principal and interest on the Notes in the manner provided by law.

SECTION 6.  That the Notes shall be the full general obligations of the Municipality, and the full faith, credit and revenue of the Municipality are hereby pledged for the prompt payment of the same.  The par value received from the sale of bonds anticipated by the Notes, and any excess fund resulting from the issuance of the Notes, shall to the extent necessary be used only for the retirement of the Notes at maturity, together with interest thereon and is hereby pledged for such purpose.

SECTION 7.  That during the period while the Notes run, there shall be levied upon all of the taxable property in the Municipality, within applicable limitations, in addition to all other taxes, a direct tax annually, not less than that which would have been levied if bonds had been issued without the prior issue of the Notes; said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected.  Said tax shall be placed before and in preference to all other items and for the full amount thereof.

The funds derived from said tax levy hereby required shall be placed in a separate and distinct fund and, together with interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of the Notes, or the bonds in anticipation of which they are issued, when and as the same fall due; provided, however, to the extent Revenues or other moneys are available and appropriated for debt service in a sufficient amount, said tax shall not be collected for such purpose.

SECTION 8.  That this council, for and on behalf of the Municipality, hereby covenants that it will restrict the use of the proceeds of the Notes hereby authorized in such manner and to such extent, if any, and take such other actions, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed thereunder and will, to the extent possible, comply with all other applicable provisions of the Code and the regulations thereunder to retain the exclusion from federal income taxation for interest on the Notes, including any expenditure requirements, investment limitations or rebate requirements or use restrictions.  The Finance Director or any other officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality, on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of the Code and the regulations thereunder.

SECTION 9.  That the Notes are hereby designated as “qualified tax‑exempt obligations” to the extent permitted by Section 265(b) of the Code and not deemed so designated.  This council finds and determines that the reasonably anticipated amount of tax‑exempt obligations (whether or not designated as qualified) issued and to be issued by the Municipality during this calendar year including the Notes does not, and this council hereby covenants that, during such year, the amount of tax‑exempt obligations issued by the Municipality and designated as “qualified tax‑exempt obligations” for such purpose will not, exceed $30,000,000.  The Finance Director and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of tax‑exempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under the Code.

SECTION 10.  That for purposes of this ordinance, the following terms shall have the following meanings:

“Book entry form” or “book entry system” means a form or system under which (i) the beneficial right to payment of principal of and interest on the Notes may be transferred only through a book entry, and (ii) physical Note certificates in fully registered form are issued only to the Depository or its nominee as registered owner, with the Notes “immobilized” to the custody of the Depository, and the book entry maintained by others than the Municipality is the record that identifies the owners of beneficial interests in those Notes and that principal and interest.

“Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, together with its Participants or otherwise, a book entry system to record ownership of beneficial interests in Notes or principal and interest, and to effect transfers of Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York.

“Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations.

At the request of the purchaser, all or any portion of the Notes may be initially issued to a Depository for use in a book entry system, and the provisions of this Section shall apply to such Notes, notwithstanding any other provision of this ordinance.  If and as long as a book entry system is utilized with respect to any of such Notes: (i) there shall be a single Note of each maturity; (ii) those Notes shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners of Notes in book entry form shall have no right to receive Notes in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Notes in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (v) the Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Municipality.  Debt service charges on Notes in book entry form registered in the name of a Depository or its nominee shall be payable in the manner provided in the Municipality’s agreement with the Depository to the Depository or its authorized representative (i) in the case of interest, on each interest payment date, and (ii) in all other cases, upon presentation and surrender of Notes as provided in this ordinance.

The Paying Agent and Registrar may, with the approval of the Municipality, enter into an agreement with the beneficial owner or registered owner of any Note in the custody of a Depository providing for making all payments to that owner of principal and interest on that Note or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided in this ordinance, without prior presentation or surrender of the Note, upon any conditions which shall be satisfactory to the Paying Agent and Registrar and to the Municipality.  That payment in any event shall be made to the person who is the registered owner of that Note on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be.  The Paying Agent and Registrar shall furnish a copy of each of those agreements, certified to be correct by the Paying Agent and Registrar, to any other paying agents for the Notes and to the Municipality.  Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this ordinance.

The Finance Director is authorized and directed without further action of this council to execute, acknowledge and deliver, in the name of and on behalf of the Municipality, a blanket letter agreement between the Municipality and The Depository Trust Company, as Depository, to be delivered in connection with the issuance of the Notes to the Depository for use in a book entry system, and to take all other actions the Finance Director deems appropriate in issuing the Notes under a book entry system.

If any Depository determines not to continue to act as Depository for the Notes for use in a book entry system, the Municipality and the Paying Agent and Registrar may attempt to establish a securities depository/book entry relationship with another qualified Depository under this ordinance.  If the Municipality and the Paying Agent and Registrar do not or are unable to do so, the Municipality and the Paying Agent and Registrar, after the Paying Agent and Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Notes from the Depository and authenticate and deliver Note certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Notes), if the event is not the result of action or inaction by the Municipality or the Paying Agent and Registrar, of those persons requesting such issuance.

SECTION 11.  That the law firm of Peck, Shaffer & Williams LLP be and is hereby retained as bond counsel to the Municipality to prepare the necessary authorization and related closing documents for the issuance, sale and delivery of the Notes and, if appropriate, rendering its approving legal opinion in connection therewith in accordance with the written agreement presently on file with the Municipality which the Mayor, the Village Manager and the Finance Director are each hereby separately authorized, alone or with others, to execute and deliver on behalf of the Municipality, with such changes thereto not substantially adverse to the Municipality as may be approved by such officers.  The approval of such changes by such officers, and that the same are not substantially adverse to the Municipality, shall be conclusively evidenced by the execution of such agreement by such officers.  Such law firm shall be compensated by the Municipality for the above services in accordance with such written agreement.

SECTION 12.  That the Finance Director is hereby directed to forward a certified copy of this ordinance to the county auditor.

SECTION 13.  That it is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were passed in an open meeting of this council, and that all deliberations of this council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law, including Section 121.22 of the Ohio Revised Code.

SECTION 14.  That this ordinance shall take effect at the earliest time permitted by law.

Passed this 20th day of October, 2010.

Ordinance No. 15-2012

Ordinance No. 15-10 

AN ORDINANCE TO AMEND ORDINANCE NO. 20-09 TO PROVIDE FOR ADJUSTMENTS TO THE ANNUAL BUDGET FOR THE FISCAL YEAR 2010 AND TO REVISE SUMS FOR OPERATING EXPENSES FOR LEGAL EXPENSES AND MAYOR’S COURT 

WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the municipal budget for the fiscal year beginning January 1, 2010 and ending December 31, 2010, and; 

WHEREAS, the Village Manager has requested and recommended appropriations to supplement those appropriations previously made for Calendar Year 2010 by Ordinance No. 20-2009; and 

WHEREAS, adjustments would be made to accommodate the following needs: 

  1. a.       Mayor’s Court - $18,000 for contractual services
  2. b.      Law - $30,000 for contractual services 

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that: 

Section I:          The annual budget of the Village of Granville, as established by Ordinance No. 20-09, be amended by the Council, as recommended by the Manager, and is hereby adopted. 

Section II:         To provide for operating expenditures during the fiscal year ending December 31, 2010, the following additional appropriations are hereby made to the following funds:

                        General Fund:

Account                                   Description              Additional Appropriation

                        Mayor’s Court A1-7-C-230    Contractual Services    $18,000.00 

                        Law A1-7-K-230                    Contractual Services    $30,000.00 

Section III:       This ordinance shall be in full force and effect immediately upon its passage. 

Passed this 1st day of September, 2010.

 

Ordinance No. 14-2012

ORDINANCE NO. 14-2010 

AN ORDINANCE TO AMEND SECTION 925.18 OF THE CODIFIED ORDINANCES TO ADJUST WATER REGULATIONS AND CHARGES 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that: 

Section I: Section 925.18 of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows:

          925.18 RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS. 

The price to be charged for water furnished by the Water Division to residential and business consumers situated in the municipality are hereby fixed as follows: 

a)    If the total water used in any one (1) month period is 1000 gallons or less, there shall be a charge of three dollars and fifty-five cents ($3.55).   

b)    If the total water used in any one (1) month period is more than 1000 gallons, the charge for all water used shall be at the rate of three dollars and fifty-five cents ($3.55) per 1000 gallons or for any fractional part thereof. 

c)     All utility accounts will be charged at least a minimum monthly utility bill unless the water service has a final reading or is shut off at the curb stop by the Granville Utilities Department. 

Section II. The rates provided in Section I above shall be effective for water usage during the month of November 2010, which will be reflected in the meter readings that will occur on or about December 1, 2010  and billed on or about January 1, 2011. 

Section III:   This ordinance shall take effect and be in force from and after the earliest date allowed by law. 

Passed this 15th day of September, 2010

Ordinance No. 13-2012

ORDINANCE NO. 13-2010 

AN ORDINANCE TO AMEND SECTION 921.07 OF THE CODIFIED ORDINANCES TO ADJUST SEWER REGULATIONS AND CHARGES

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that: 

Section I: Section 921.07 of the Codified Ordinances of Granville, Ohio, is hereby amended to read as follows: 

          Section 921.07  SEWER SERVICE CHARGES. 

For the purpose of providing for the cost of the management, maintenance, operation and repair of the sewerage system and sewage pumping, treatment and disposal works, and for the enlargement or replacement of the system and works, and for the construction and reconstruction of main and interceptor sewers and the payment of interest on any debt incurred for the construction thereof, there is hereby levied and assessed upon each lot or parcel of land in the Village of Granville on which a building, commercial, industrial, institutional or residential is located, which is connected to the Village of Granville sewer system, a sewer service charge as hereinafter provided. All classes of users shall be levied charges on the same basis as described hereinafter. 

The sewer service charge shall be calculated on the volume of waste-water discharged directly or indirectly into the sewer system and shall be measured by the water used by each sewer user as shown by water meter readings. The sewer service charge for the Village of Granville shall consist of a user charge for operation, maintenance and replacement (OM & R) of five dollars and thirty cents ($5.30) per thousand gallons. If the total sewage (as measured by water meter readings) discharged in any one (1) month period is less than one thousand (1000) gallons, there shall be a minimum charge of five dollars and thirty cents ($5.30). Such minimum charge shall be for OM&R in the amount of five dollars and thirty cents ($5.30). 

The sewer service system charge will be audited annually by the Village with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self sufficient and that sufficient revenue is being generated from each user class in the proper proportions. No free service shall be provided in this service charge system. Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges which are attributable to the user charge for operation, maintenance and replacement of the system. In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period. The sewer service charge herein assessed shall be in addition to the charge made for water used. 

Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water supply, such metering to be at the property owner's expense and such measurement to be used in the same manner as a public water meter in determining the charge. The Village may, at its option, in lieu of such metering, apply a sewer service charge of fifty dollars ($50.00) per month to such premises.  Each resident, institution, commercial or industrial establishment shall be subject to a separate sewer service charge even though such establishment may be served by a sewer connection common to other premises. If it be found by the citizen that the water or waste measured or metered for any customer is greater than that actually being discharged directly or indirectly into the sewage system, the Village may modify and adjust such volume in accordance with the facts and with justice and equity, but no charge less than the minimum shall be made for any customer subject to the sewer service charge. 

Where a private water supply is used and/or the user desires to meter his water use or sewage flow, the owner shall incur all expenses related to the installation of said meter. Prior to installation of the meter, the type of equipment installed and its location must be approved by the Village. Prior to placing said meter into use after installation, the Village shall inspect and approve or disapprove the meter installation. Any modifications required by the Village shall be made at the user's expense and prior to the meter's use. The meter shall be located in a suitable location that will accommodate readings by Village personnel. Tampering with the meter by the user to cause inaccurate readings shall make the user subject to the penalty provisions of Section 921.99. 

Section II: The rates provided in Section I above shall be effective for wastewater usage during the month of November 2010, which will be reflected in the meter readings that will occur on or about December 1, 2010 and billed on or about January 1, 2011.   

Section III: This ordinance shall take effect and be in full force from and after the earliest period allowed by law. 

Passed this 15th day of September, 2010.

Ordinance No. 12-2010

ORDINANCE NO. 12-2010 

AN ORDINANCE TO AMEND SECTION 1173.02 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ALLOW RESTAURANTS AS A PERMITTED USE WITHIN THE VILLAGE GATEWAY ZONING DISTRICT 

WHEREAS, on November 18, 2009, the Village Council approved an annexation agreement to annex properties owned by Mill District, LLC and 1919 Lancaster Road, LLC for the development of the Mill District area; and 

WHEREAS, pursuant to that annexation agreement, the Village agreed to make changes to the zoning code to provide that a restaurant is a permitted use (and not a conditional use) within the pertinent zoning classification; and 

WHEREAS, Mill District, LLC and 1919 Lancaster Road, LLC have applied to rezone the properties to Village Gateway District under the Village of Granville zoning regulations; and 

WHEREAS, pursuant to the annexation agreement, the Village must amend the Village Gateway zoning regulations to provide that a restaurant is a permitted use (and not a conditional use) within that classification. 

NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Licking County, Ohio that: 

Section 1. That existing section 1173.02 of the Codified Ordinances is hereby amended to read as follows: 

1173.02   PERMITTED AND CONDITIONAL USES. 

(a) Permitted Uses

(1) Retail outlets: furniture, clothing, jewelry, drug, shoe and variety stores, hardware, appliance, lighting, paint and wallpaper stores. 

(2) Retail food preparation: meat markets, bakeries, specialty food shops, ice cream stores, delicatessens, coffee shops, tea shops, confectionery stores, and other similar facilities.  All uses allowed under this provision may also engage in the sale of related products such as coffee beans, mugs, coffee makers in support of or ancillary to the beverages or snacks listed above. 

(3) Specialty shops: antique shops, gift shops, magazine, book stores, card shops, stationery stores, florist shops, arts and crafts supplies stores, bridal shops, health food stores, musical instruments stores, music stores, bicycle stores, toy stores, audio equipment stores, video equipment stores, china stores, glassware stores, linen stores, computer stores, software stores, quilting stores, fabric stores, office supply stores, picture frame stores, video rental stores, camera and photography shops and sporting goods outlets. 

(4) Service uses: laundromat, dry-cleaning and laundry pick-up stations, barber and beauty shops, physical fitness centers, shoe repair and tailor shops, print shops, and copy shops.                       

(5) Business and professional offices: such as medical and dental offices and clinics, law offices, insurance offices, real estate offices, advertising agency offices, answering service offices, architects' offices, certified public accountants' offices, engineers' offices, interior decorators' offices, and financial services offices including financial planner offices, stock brokerage offices, and veterinary offices, hospitals or clinics that do not include outside animal runs.                       

(6) Banks, finance and utility company offices without drive-through facilities.                       

(7) Commercial and residential mixed use buildings, with commercial uses on the ground floor and dwelling uses above the ground floor.                       

(8) Home Occupations.                       

(9) Restaurants, without drive-in, drive-up, or drive-through arrangements.           

(b) Conditional Uses.                       

(1) Mortuaries and funeral homes.

(2) Banks, finance and utility company offices with drive-through facilities.                       

(3) Grocery stores, convenience stores (without the sale of gasoline or fuel), hotels, motels and inns. 

(4) Single family, two-family, and multifamily residential units, provided that no building shall have more than six dwelling units. No first floor residential uses shall be permitted for properties with frontage and vehicular access to arterial roadways.                       

(5) Retirement community, nursing homes, assisted living structures and child care/preschool facilities.                       

(6) Recreational facilities and entertainment uses.                       

(7) Drive-ins, drive-ups, or drive-throughs in conjunction with a permitted, or approved conditional use, except, that drive-up, drive-through, or drive-in facilities shall not be permitted in or at any fast food enterprise, or any enterprise involving the sale of beverages (for the purposes of this section, a fast food enterprise is a business engaged in the sale of pre-prepared or quickly prepared food and beverages, usually in disposable containers and wrappers, for consumption either on or off premises, in a facility in which a major portion of the food and beverage sales to patrons are at stand-up type counters or drive-in, drive-up, or drive-through arrangements).                       

(8) Garden center.                       

(9) Places of assembly: civic structures, religious structures and other places of assembly.                       

(10) Mixed-use combinations of multi-family residential, retirement community, nursing homes, or assisted living structures.                       

(11) Production of artisan goods using hand tools only (for example, jewelry or ceramics).                       

(12) Veterinary offices, hospitals or clinics that include outside runs. Animal boarding facilities that are not associated with a veterinary office, hospital, or clinic. 

(c) Interpretation of this Section.  Each use must have its own independent approval, whether permitted or conditional. 

Section 2.  The adoption of this ordinance is contingent upon the adoption of Ordinance No. 11-2010, which will place the properties owned by Mill District, LLC and 1919 Lancaster Road, LLC into the Village Gateway District zoning classification. If Ordinance No. 11-2010 is defeated or overturned, then the approval of this ordinance shall be null and void. This ordinance shall be effective from and after the effective date of Ordinance No. 11-2010.  

Passed this 4th day of August, 2010.

Ordinance No. 11-2012

ORDINANCE NO. 11-2010 

AN ORDINANCE ADOPTING PERMANENT ZONING (VILLAGE GATEWAY DISTRICT) FOR THE MILL DISTRICT PROPERTIES ON LANCASTER ROAD (SOUTH MAIN STREET) 

WHEREAS, the Village Council, through Ordinance No. 10-2010, accepted the annexation of certain real properties located on Lancaster Road (South Main Street); and 

WHEREAS, included in that annexation were properties owned by Mill District, LLC and 1919 Lancaster Road, LLC, hereinafter referred to as the “Mill District Properties”; and 

WHEREAS, the property owners, Mill District, LLC and 1919 Lancaster Road, LLC, have requested that the Mill District Properties be placed into the Village Gateway District zoning classification for permanent zoning; and 

WHEREAS, the Village Council established the Village Gateway District for areas located adjacent to the Village’s gateway entrances with the intent to create attractive, well-designed entrances into the community that provide a suitable area for mixed uses in a visually-integrated, high-quality neighborhood setting; and 

WHEREAS, the gateway areas have unique characteristics and requirements that may not be adequately addressed by other Village zoning districts; and 

WHEREAS, the Granville Planning Commission, after conducting a public hearing on the permanent zoning proposal, has recommended that the Mill District Properties be zoned as “Village Gateway District”; and 

WHEREAS, the Granville Planning Commission believes that the Mill District Properties are suitable for the zoning classification of “Village Gateway District”.   

NOW, THEREFORE, BE IT ORDAINED by the Council of Granville, Ohio that: 

Section I: Upon the recommendation of the Planning Commission and after a public hearing by the Village Council, the proposal to rezone the Mill District Properties owned by Mill District, LLC and 1919 Lancaster Road, LLC to “Village Gateway District” is hereby approved and the properties are zoned in accordance with Section II of this Ordinance. 

Section  II: The official zoning map of the Village of Granville, Ohio, is hereby amended and revised to designate the permanent zoning classification of “Village Gateway District” for the Mill District, LLC and Lancaster Road, LLC properties that are located along Lancaster Road. Said properties are described on Exhibit A and shown on Exhibit B, which are attached hereto and made a part hereof.   

Section III: The Village Manager is hereby authorized and directed to make this change on the zoning map maintained under Section 1155.02 of the Codified Ordinances. 

Section IV: This Ordinance shall take effect and be in full force and effect upon the earliest date allowed by law.

Passed this 4th day of August, 2010. 

 

Exhibit A 

Legal Description of Mill District LLC property along Lancaster Road (South Main Street): 

“Situated in the State of Ohio, County of Licking, Township of Granville, being part of lots 14 & 15 in the Fourth Quarter, Township 2, Range 13, United States Military Lands.

Said annexation being more particularly described as follows; see also map of territory to be annexed to the Village of Granville (exhibit A)

Beginning for Reference, at a railroad spike found at the intersection of River Road and Lancaster Road, said point being Sta. 375+14 of ODOT Right-of-Way Plan LIC-37-16.25;

Thence south 84 degrees 55 minutes 11 seconds east, 387.64 feet to an iron pin found at the southeast corner of Tract 2 – Parcel 1 as conveyed to Mill District LLC recorded in Instrument #200701040000341, said point being THE TRUE POINT OF BEGINNING of the herein described territory to an annexed:

Thence the following twenty-three (23) courses along the boundary of said territory to be annexed:

10.  along a line of the property conveyed to Ronald A. Kasson by Official Record 987, Page 639, north 03 degrees 45 minutes 48 seconds east, 89.04 feet to a point;

11.  along the northerly property line of said Ronald A. Kasson property, north 87 degrees 33 minutes 55 seconds west, 41.28 feet to a point;

12.  along the westerly right-of-way line of State Route 661, north 01 degrees 27 minutes 45 seconds west, 394.88 feet to a point;

13.  along the westerly right-of-way line of State Route 661, north 02 degrees 16 minutes 38 seconds west, 38.21 feet to a point;

14.  along the westerly right-of-way line of State Route 661, north 01 degrees 24 minutes 39 seconds west, 29.19 feet to a point;

15.  along the Village of Granville corporation line “Plat Book 1, Page 192,” north 71 degrees 50 minutes 54 seconds east, 167.99 feet to a point;

16.  along the Village of Granville corporation line “Plat Book 1, Page 192,” north 66 degrees 15 minutes 03 seconds east, 8.40 feet to a point;

17.  along the Village of Granville corporation line “Plat Book 1, Page 192,” north 66 degrees 15 minutes 03 seconds east, 161.85 feet to a point;

18.  along a line of the property conveyed to Kiwanis Club of Granville by Official Record 390, Page 373, south 10 degrees 10 minutes 56 seconds east, 147.80 feet to a point;

19.  along a line of the property conveyed to the Village of Granville by Deed Book 794, Page 321, south 82 degrees 36 minutes 04 seconds east, 51.98 feet to a point;

20.  along a line of said Village of Granville property, south 70 degrees 59 minutes 53 seconds east, 89.69 feet to a point;

21.  along a line of said Village of Granville property, south 05 degrees 08 minutes 07 seconds west, 240.81 feet to a point;

22.  along a line of said Mill District LLC property (Tract 1), south 04 degrees 32 minutes 02 seconds east, 303.96 feet to a point;

23.  along a line of said Mill District LLC property (Tract 2 – Parcel1), south 03 degrees 34 minutes 48 seconds west, 199.68 feet to THE TRUE PLACE OF BEGINNING, said annexation containing 9.89 acres more or less.

 

Ordinance No. 10-2010

ORDINANCE NO. 10-2010 

An Ordinance Accepting an Application for the Annexation to the Village of Certain Real Properties Located on Lancaster Road (South Main Street) Totaling 9.89 +/- Acres 

WHEREAS, a petition for an expedited annexation of 9.89 +/- acres located in Granville Township to the Village of Granville was filed with the Board of Licking County Commissioners by Jackson B. Reynolds as the agent for the Petitioners on March 16, 2010; and 

WHEREAS, the Board of Licking County Commissioners by Resolution 62-291 dated April 15, 2010 granted the petition for an expedited annexation of 9.89 +/- acres located in Granville Township to the Village of Granville; and 

WHEREAS, no appeals of the decision by the Board of Licking County Commissioners were filed under Section 709.07 of the Revised Code; and 

WHEREAS, following the expiration of the appeal period, the clerk of the Board of Licking County Commissioners delivered a certified copy of the entire record of the annexation proceedings; and 

WHEREAS, sixty days expired following the delivery of the certified copy of the annexation proceedings; and 

WHEREAS, the Clerk of the Village Council has laid the Resolution of the Board of Licking County Commissioners granting the petition and the accompanying map and petition before the Village Council; 

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT: 

Section 1. The petition for the annexation of 9.89 acres +/- located in Granville Township to the Village of Granville included the following described real estate in the County of Licking and adjacent to the Village of Granville, to wit:

“Situated in the State of Ohio, County of Licking, Township of Granville, being part of lots 14 & 15 in the Fourth Quarter, Township 2, Range 13, United States Military Lands.

Said annexation being more particularly described as follows; see also map of territory to be annexed to the Village of Granville (exhibit A)

Beginning for Reference, at a railroad spike found at the intersection of River Road and Lancaster Road, said point being Sta. 375+14 of ODOT Right-of-Way Plan LIC-37-16.25,

Thence south 84 degrees 66 minutes 11 seconds east, 387.64 feet to an iron pin found at the southeast corner of Tract 2 – Parcel 1 as conveyed to Mill District LLC recorded in Instrument #200701040000341, said point being THE TRUE POINT OF BEGINNING of the herein described territory to an annexed:

Thence the following twenty (20) courses along the boundary of said territory to be annexed:

10. along a line of the property conveyed to Ronald A. Kasson by Official Record 987, Page 639, north 03 degrees 45 minutes 48 seconds east, 89.04 feet to a point;

11. along the northerly property line of said Ronald A. Kasson property, north 87 degrees 33 minutes 55 seconds west, 41.28 feet to a point;

12. along the westerly right-of-way line of State Route 661, north 01 degrees 27 minutes 45 seconds west, 394.88 feet to a point;

13. along the westerly right-of-way line of State Route 661, north 02 degrees 16 minutes 38 seconds west, 38.21 feet to a point;

14. along the westerly right-of-way line of State Route 661, north 01 degrees 24 minutes 39 seconds west, 29.19 feet to a point;

15. along the Village of Granville corporation line “Plat Book 1, Page 192,” north 71 degrees 60 minutes 54 seconds east, 167.99 feet to a point;

16. along the Village of Granville corporation line “Plat Book 1, Page 192,” north 66 degrees 15 minutes 03 seconds east, 8.40 feet to a point;

17. along the Village of Granville corporation line “Plat Book 1, Page 192,” north 66 degrees 15 minutes 03 seconds east, 161.85 feet to a point;

18. along a line of the property conveyed to Kiwanis Club of Granville by Official Record 390, Page 373, south 10 degrees 10 minutes 56 seconds east, 147.80 feet to a point;

19. along a line of the property conveyed to the Village of Granville by Deed Book 794, Page 321, south 82 degrees 36 minutes 04 seconds east, 51.98 feet to a point;

20. along a line of said Village of Granville property, south 70 degrees 59 minutes 53 seconds east, 89.69 feet to a point;

21. along a line of said Village of Granville property, south 05 degrees 08 minutes 07 seconds west, 240.81 feet to a point;

22. along a line of said Mill District LLC property (Tract 1), south 04 degrees 32 minutes 02 seconds east, 303.96 feet to a point;

23. along a line of said Mill District LLC property (Tract 2 – Parcel1), south 03 degrees 34 minutes 48 seconds west, 199.68 feet to THE TRUE PLACE OF BEGINNING, said annexation containing 9.89 acres more or less. 

The foregoing description was prepared and filed with the Board of County Commissioners of Licking County by ADR in March 2010.

Section 2. An accurate map of the territory, together with the petition of its annexation, and other papers relating thereto are on file with the Clerk of Council of the Village of Granville. A copy of the map has been attached hereto as Exhibit A and is incorporated herein.  

Section 3. The petition for the annexation of 9.89 +/- acres located in Granville Township to the Village of Granville as described in Section 1 above is hereby accepted. 

Section 4. In accordance with Section 519.18 of the Ohio Revised Code, the township zoning regulations currently in effect for said 9.89 +/- acres shall remain in effect until the Village Council adopts new regulations. 

Section 5. The Village Manager is hereby directed, on behalf of the Village Council, to initiate the procedure to zone the 9.89 +/- acres under the Village’s zoning regulations.      

Section 6. This ordinance shall be effective from and after the earliest period allowed by law. 

PASSED this 21st day of July, 2010

Exhibit A

Ordinance No. 09-2010

Ordinance No. 09-2010 

AN ORDINANCE TO AMEND ORDINANCE NO. 20-2009 TO PROVIDE FOR ADJUSTMENTS TO THE ANNUAL BUDGET FOR THE FISCAL YEAR 2010 AND TO REVISE THE SUMS FOR OPERATING EXPENSES RELATED TO INCOME TAX REFUNDS AND STORM SEWER CONTRACTUAL SERVICES 

WHEREAS, pursuant to the provisions of Section 2.08 of Article II of the Charter of the Village of Granville, Ohio, the Village Council is authorized to adopt the municipal budget for the fiscal year beginning January 1, 2010 and ending December 31, 2010, and; 

WHEREAS, the Village Manager has requested and recommended appropriations to supplement those appropriations previously made for Calendar Year 2010 by Ordinance No. 20-2009; and 

WHEREAS, through the proposed amended appropriations, adjustments would be made to accommodate the following needs: 

  1. Income Tax - $40,000 for income tax refunds
  2. Storm Sewers - $10,000 for contractual services

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that: 

Section I: The annual budget of the Village of Granville for Calendar Year 2010, as established by Ordinance No. 20-2009, is hereby amended by the Village Council to incorporate additional appropriations for income tax refunds and storm sewer contractual services. 

Section II: In accordance with Section I above, the following additional appropriations are hereby made to the following funds:

General Fund:

Account                                Description                      Additional Appropriation 

Income Tax A1-7-D-280      Refunds                           $40,000.00 

Storm Sewers A1-6-D-230  Contractual Services        $10,000.00

Section III: This ordinance shall be in full force and effect immediately upon its passage. 

Passed this 16th day of June, 2010.

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