[R.O. 2009 §23.5-41; Ord. No. 2242 §4.1, 11-13-1991]
The administration of this Article shall be the responsibility
of the Director of Planning and Public Works.
[R.O. 2009 §23.5-42; Ord. No. 2242 §4.2, 11-13-1991]
A. Standards. Variations from these standards, provisions and
specifications may be granted when it is demonstrated to the satisfaction
of the City Council that, owing to special conditions, a strict adherence
to the provisions of this Chapter will result in unnecessary hardship
and that the spirit and intent of this Chapter will be observed.
B. Procedure. A request for variation shall be filed by the
owner, seeking to develop or change the use of this property, or his/her
agent with the City who shall refer it, together with his/her recommendation,
to the City Council for decision. The request for variation shall
be written and shall state specifically what variation is sought and
the public's interest in granting the variation.
[R.O. 2009 §23.5-43; Ord. No. 2242 §4.3, 11-13-1991]
Responsibility for all changes to official maps and profiles
remains with the City Council.
[R.O. 2009 §23.5-44; Ord. No. 2242 §4.4, 11-13-1991]
In the interpretation and application of this Article, the provisions
expressed herein shall be held to be the minimum requirements and
shall be liberally construed in favor of the City and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
[R.O. 2009 §23.5-45; Ord. No. 2242 §5.1, 11-13-1991]
A. The
City shall be responsible for determining whether the storm water
management plan is in conformance with requirements specified in Division
2 and whether development is proceeding in accordance with approved
storm water management plan. Periodic inspection of the development
site shall be made by the City to ensure that the storm water management
plan is properly implemented.
B. The
City and other duly authorized employees bearing proper credentials
and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation and measurement in accordance
with the provisions of this Article.
[R.O. 2009 §23.5-46; Ord. No. 2242 §5.2, 11-13-1991]
A. Work Suspension.
1. In the event that work performed does not conform to the provisions
of the approved storm water management plan and specifications, a
written notice to comply shall be served upon the developer. Such
notice shall set forth the nature of the correction required and the
time within which corrections shall be made.
2. Failure to comply with such notice shall result in the issuance of
a stop work order applicable to all construction activity except that
necessary for correction of the violation. Upon correction of the
violation the stop work order shall be voided and construction may
resume.
B. Bond Forfeiture.
1. In the event of continued violation of the approved storm water management
plan, a public hearing on the matter shall be conducted by the City
Council.
2. Written notice of such hearing shall be served upon the developer
by registered mail and shall state:
a. The grounds for complaint.
b. The time and place such hearing is to be held.
3. Such notice shall be served at least fifteen (15) days prior to the
date set for the hearing. At any such hearing, the developer shall
be given an opportunity to be heard and he/she may call witnesses
and present evidence on his/her behalf. After such hearing, if the
City Council concludes that the issuance of additional correction
notices would be futile, any bonds or cash deposits posted with the
City shall be forfeited, whereupon said security shall be used for
completion of the storm water management plan as approved.