Current through all regulations passed and filed through September 16, 2024
(A)
The board of
health review required in paragraph (C) of this rule shall be coordinated, as
applicable, with authorities having responsibility for the requirements
established in Chapter 711. of the Revised Code, zoning, recording of parcels
of land, or other land use authorities. The board of health shall consult with
appropriate sewer entity personnel such as a municipal or county sanitary
engineer to confirm sewer accessibility as described in paragraph (T) of rule
3701-29-06 of the Administrative
Code, and plans for sewer extensions by a municipality, sanitary district,
regional water and sewer district, or other management entity or wastewater
planning authority responsible for sanitary sewerage.
(B)
Any person
proposing a subdivision or new lot(s) for review by the board of health shall
submit an application and sufficient information to determine compliance with
the requirements of this chapter. Minimum information to be submitted or
completed for review shall include the following:
(1)
Completed
application and any associated fees;
(2)
Staked or marked
locations of proposed lot corners/property lines on site;
(3)
A scaled
drawing. Any person proposing a subdivision may use previously prepared or
otherwise available drawings such as a survey prepared by a registered
professional surveyor, an aerial photograph or digital orthophotograph prepared
from a geographical information system, a soil evaluation or other similar
drawing for preliminary review. The drawing shall include the assessment and
documentation of the following:
(a)
The acreage of each proposed lot and the total land
area of the proposed subdivision;
(b)
Proposed lot
lines with detail on site conditions including vegetation, and drainage
features;
(c)
Any site information deemed necessary by the board of
health related to prior or existing land use including existing and proposed:
easements, utilities, structures, wells, foundations, roads, drainage features,
water bodies;
(d)
Identification of one or more system type(s) that
might be feasible on the proposed lots in accordance with this chapter;
and
(e)
For new lot or subdivision proposals having more than
five lots, or for a fewer number when required by the board of health, the
scaled drawing shall also include topographic detail with contour lines
sufficient to determine slope and adequate length along the contour in the
areas considered suitable for STS.
(4)
A soil
evaluation completed in accordance with rule
3701-29-07 of the Administrative
Code for each proposed lot;
(5)
If required or
accepted by the board of health, an order one soil survey of sufficient detail
to provide the soil profile information required in paragraphs (D) and (E) of
rule 3701-29-07 of the Administrative
Code. The preparation of an order one soil survey does not eliminate the need
to conduct site specific soil evaluations for individual lots in paragraph
(B)(4) of this rule in the subdivision during the system permitting process;
and
(6)
When a proposed subdivision includes the creation of
at least twenty-five lots, or for any fewer numbers of lots as required by the
board of health, the request shall include written consultation from Ohio EPA
concerning the subdivision's accessibility to existing sanitary sewerage
systems as described in paragraph (I) of rule
3701-29-06 of the Administrative
Code, and risks to surface and ground water resources.
(7)
When
subdivisions are proposed within the boundaries of an inner management zone of
a public water system, or located within a hydrogeologically sensitive area as
delineated on a ground water pollution potential map from the Ohio department
of natural resources, the application shall include the map or inner management
zone information and how the proposed density and design of the STS shall
ensure adequate treatment of effluent prior to discharge to
groundwater.
(C)
Proposed subdivisions and new lots shall be reviewed
by the board of health to determine compliance with this chapter, including,
but not limited to the following:
(1)
For subdivisions proposed within inner management
zones of public water systems or areas with high ground water pollution
potential, the board of health may require, but is not limited to, alternative
STS designs, increased O&M frequencies, a responsible management entity
and/or establish a household sewage treatment district in accordance with
paragraph (F) of rule
3701-29-19 of the Administrative
Code.
(2)
No lot shall be created which requires a NPDES permit
for a discharging STS. All created lots shall meet the requirements of rule
3701-29-06 of the Administrative
Code.
(3)
All proposed STS will meet soil absorption sizing
requirements in rule
3701-29-15 of the Administrative
Code.
(D)
When a board of health determines that the provisions
of this chapter cannot be met or the submitted information is found to be
incomplete or inaccurate, the board of health shall provide written
documentation of noncompliance to the person proposing a subdivision or new
lot(s).
(E)
When the board of health determines that the
provisions of this chapter can be met, the board of health shall provide
written documentation of compliance to the person proposing a subdivision or
new lot(s) subject to STS installation permit approval by the board of health.
The written documentation of compliance with this chapter and the board of
health review required by this rule shall not preclude the denial of an
installation permit pursuant to rule
3701-29-09 of the Administrative
Code if conditions change.
(F)
Upon receiving
preliminary approval, a survey prepared by a registered professional surveyor
shall be required prior to final approval of the subdivision.
Replaces: 3701-29-03
