HomeBuilders Assoc - Government Affairs/Land Use

Home Builder's Association Reischman Auditorium
799 White Pond Drive Akron, OH 44320
Location and Dates may change please call the HBA

I.	Lunch, Welcome, and Introductions
II.	Issues or Announcements from those in Attendance: a. New Items from HBA Members b. Annual Utility Company Outlook for 2008 - AT&T, Dominion, FirstEnergy & more c. Update from Medina County Agencies
III.	Portage County Update: a. Portage County Regional Planning Commission b. Portage County Soil & Water Conservation District
IV.	Summit County Update: a. Summit County Planning & Economic Development Department b. Summit County Soil & Water Conservation District
V.	State and National Update: a. NEFCO b. U. S. Army Corps of Engineers
VI.	OHBA and NAHB Update: a. New Legislation Proposed at the Ohio State House for 2008 b. Update on the New Statewide Sewer Septic Rules c. Update on the New OEPA Stream & Wetland Mitigation Rules d. Update on the Transfer of Development Rights
VII.	Smart Growth Education Foundation / Northeast Ohio Green Building Initiative a. Smart Growth Coalition of Northeast Ohio Upcoming Programs b. Northeast Ohio Green Building Initiative Upcoming Programs
VIII.	Adjourn
PLEASE RSVP Mike Mennett by Tuesday, February 19, 2007 Phone: 330-869-6800 ext. 18 Fax: 330-869-5506 E-mail: mikem@akronhba.com

As OHBA has advised, the OEPA has issued a new storm water general permit for construction related activities. It became effective in April of 2003. Federal law requires the development of state permits to cover impacts to smaller construction sites.

The following information is designed to answer commonly asked questions that surround this new permit. A detailed permit summary is available from OHBA. You may also obtain additional permit information from the OEPA at www.epa.state.oh.us/dsw

According to OEPA information, construction sites contribute more sediment to streams than can be deposited naturally over several decades. The agency believes that construction site runoff is 10 to 20 times greater than agricultural runoff. Silt and other pollutants from construction sites damages water quality and storm water can become contaminated from equipment cleaned at construction sites.

Under the former storm water general permit, coverage had to be obtained if any construction activity disturbed five acres or more. Under the new regulations, permit coverage is necessary if the construction activity disturbs one or more acres of land. Even construction activities disturbing less than one acre must have permit coverage, if they are part of a larger common plan of development or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities are occurring under one plan ( ex. building on three half-acre lots in a six-acre development).

The operator who is responsible for the construction plans and specifications or has the day-to-day operational control of the site needs to get the permit. For smaller residential development, the permit applicant is typically the developer. For individual home building sites, the home building company may be the permit applicant.

You must submit an application form called a Notice of Intent (NOI) and a fee to the OEPA. The NOI must be submitted 21 days prior to ground disturbing activities. The fee for small construction activities is $200. The OEPA will notify you, in writing, that your request for coverage under the general permit has been approved or denied or that you must seek coverage under an individual permit. The agency’s goal is to send written notice to the applicant well within the 21-day time frame.

What are my responsibilities if I sell/buy all or a portion of my permitted construction site?

If an entire development is bought or sold, the new operator must notify the OEPA that he will assume responsibility for the storm water permit requirements. Submitting a permit transfer application does this. If a portion of a development is bought/sold, the permit requirements will still apply to the individual lot, regardless of the size of the lot. The new operator will need to submit an individual lot NOI at least seven days prior to the date he takes responsibility for the permit requirements applicable to his lot.

The permit allows you to discharge storm water from our construction activities. It also allows, under certain circumstances, storm water discharge from support activities such as trench dewatering and on-site concrete and asphalt batch plants.

In addition to submitting the NOI, is there anything else I need to do?

In addition to submitting the NOI, the applicant must develop a storm water pollution prevention plan for the site. The plan must be implemented upon the initial ground disturbing activities. All contractors and subcontractors involved in the plan’s implementation must be informed of the plan and its components. Details concerning the requirements of the plan can be obtained from OHBA or from the OEPA web site: www.epa.state.oh.us/dsw/storm/construction_index.html

The plan must identify the potential sources of pollution that may affect the quality of storm water discharges at the site. The plan must further include a description of the best management practice that you will take to minimize the amount of pollution in your storm water discharge during both the construction phase as well as post construction. Erosion and sediment controls must be incorporated into the plan and become enforceable once the NOI is submitted. The controls in the plan must be the standards and specifications referenced in Ohio’s Rain Water and Land Development Manual. That manual is available from the Ohio Department of Natural Resources at (614) 265-6610. The plan must also specify certain inspection and maintenance procedures. Additional details of the plan requirements are available from the OEPA web site referenced above.

What are some recommended erosion and sediment controls for small construction sites?
Non-structural Controls:

Once you have completed ground disturbing activities and the site has been stabilized pursuant to permit specifications, you must submit within 45 days a Notice of Termination form that is available from the OEPA.

According to the OEPA, understanding and complying with the storm water permitting requirements is important to help you avoid violations and penalties. More information is available from your district OEPA office or from the Division of Surface Water staff at: (614) 644-2001.

Online clearinghouse provides legislative, regulatory and political information.

Picture this ... Anti-growth interests in your community are undergoing an aggressive campaign to portray new home development as detrimental to your community. They are pitching impact fees and an urban growth boundary, and these radical ideas are gathering public support.

Wouldn't it be nice to know how other builders associations have addressed similar challenges?

With the recent launch of an online information clearinghouse designed especially for state and local association staff members, you can look up that and similar information in one centralized spot.

One of the site's unique features is a catalog and description of projects that have received funding from NAHB's State & Local Issues Fund during the last five years.

The site currently contains around 50 pieces of content, but the hope is that the number will balloon from information submitted by association staff from around the country. You can submit an overview of your success story, experience, research project, study, etc. by clicking on the "SHARE" button on the site's first page. Files and other uploadable resources can be added, too.