(a) Purpose. This section is specifically intended to be used in conjunction with Section 1115.06
to regulate and control earth-disturbing activities to minimize erosion and sedimentation.
(b) Scope. These regulations shall apply to earth-disturbing activities on areas designated below which are within the jurisdiction of the City, unless otherwise excluded herein:
(1) Land used or being developed for commercial, industrial or residential purposes. This includes nonfarm commercial, industrial or residential land in rural areas;
(2) Land used or being developed for streets, roads, highways, railroads, airports, other transportation facilities and utilities and associated areas; and
(3) Land used or being developed for private or public recreation, wildlife or natural purposes. This includes agricultural land converted or being converted to such uses.
(4) Exceptions. The scope does not include:
A. Those areas managed jointly as farming or silvicultural operations and for other activities such as a campground in a commercial forest or recreational trails on a farm;
B. Strip mining operations regulated by Ohio R.C. Chapter 1513; or
C. Surface mining operations regulated by Ohio R.C. Chapter 1514.
(c) General Requirement. No person owning or responsible for a development area shall cause or allow earth-disturbing activities except in compliance with the standards and criteria enumerated herein.
(1) When a proposed development area involves less than ten acres, all earth- disturbing activities shall be subjected to surveillance and site investigation by the approving agent to determine compliance with the standards and regulations.
(2) When a proposed development area involves more than ten acres, the responsible person shall develop and obtain approval of a sediment control plan prior to any earth-disturbing activity. Such a plan shall include specific requirements established by the approving agency and be filed with the approving agency. Exception: A statement of policy for sediment control (a continuing narrative plan) in conjunction with standard type operations, such as the installation of transmission lines by utility companies or road and highway construction or maintenance and stream channel improvement or maintenance by public entities or agencies, may be approved by the approving agency in lieu of a specific plan for each development.
(d) Standards and Criteria.
(1) Sheet and rill erosion. To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on development areas, the owners or person responsible for the development area shall:
A. Construct and maintain sediment basins sized in accordance with the current United States Soil Conservation Service handbook, "Water Management and Sediment Control for Urbanizing Areas", and these Subdivision Regulations;
B. Apply and maintain a level of management and conservation practices such that the predicted average annual soil loss, accumulative monthly in accordance with the procedure in the current United States Soil Conservation Service handbook is less than fifteen tons per acre the first year, commencing from the time of initial earth disturbance, ten tons per acre the second year and five tons per acre for any other year of the development process. The management and conservation practices shall be designed, applied and maintained so that the entire development area, and any part thereof, is protected from accelerated erosion in accordance with the stated criteria; or
C. Use other methods to control sediment pollution including, but not limited to, a combination of subsections (d)(l)A. and B. hereof, provided those methods are acceptable to the approving agency.
(2) Concentrated water erosion. To control pollution of public waters by soil sediment from accelerated erosion in drainageways and grassed waterways and in streams and ditches disturbed or modified in conjunction with the development process, the owner or person responsible for the development area shall:
A. Design, construct and maintain concentrated water flow channels such that the velocity of flow does not exceed the permissible velocities listed in the ODOT Location and Design Manual.
B. Design, construct and maintain sediment basins sized in accordance with the current United States Soil Conservation Service handbook; or
C. Use other methods to control sediment pollution including, but not limited to, a combination of subsections (d)(2)A. and B. hereof, provided those methods are acceptable to the approving agency.
(3) Sloughing, landsliding and dumping. To control sediment pollution of public waters caused by sloughing, landsliding or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide or erode into public waters by natural forces, no person shall:
A. Cause such sediment pollution unless such dumping or placing is authorized by the approving agency for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures and other instream or channel bank improvement works; or
B. Grade, excavate, fill or impose a load upon any soil or slope known to be prone to slipping or landsliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate or adequately address the problems. Grading, excavating, filling or construction on development areas of ten acres or more shall commence only after the approving agency has reviewed and approved the exploratory work and recommendations. Development areas of less than ten acres shall not be exempt, however, from other provisions of this section.
(4) Stream channel and flood plain erosion. To control pollution of public and private waters by soil sediment from accelerated stream channel erosion and flood plain erosion caused by stormwater runoff from development areas, the requirements of this section shall be applied in conjunction with the requirements of Section 1115.06
(i).
(5) Maintenance. The maintenance requirements are the same as listed in Section 1115.06
(i) (8) to (10).
(e) Erosion and Sedimentation Plan. In compliance with this section, a plan of a proposed development area, with maps drawn to an appropriate scale, shall contain the following information to set forth how the standards and criteria established by subsection (d) hereof shall be met. (Although many required items are contained on the erosion and sedimentation plan described in Section 1115.06
, a separate plan is required.)
(1) Location of the area and its relation to its general surroundings including, but not limited to:
A. Off-site areas susceptible to sediment deposits or to erosion caused by accelerated runoff; and
B. Off-site areas affecting potential accelerated runoff and erosion control.
(2) Existing topography of the development area and adjacent land within approximately 100 feet of the boundaries. A topographic map should contain an appropriate contour interval to clearly portray the conformation and drainage pattern of the area.
(3) The location of existing buildings, structures, utilities, water bodies, drainage facilities, vegetative cover, paved areas such as streets, roads, driveways, sidewalks, etc. and other significant natural or manmade features on the development area and adjacent land within approximately 100 feet of the boundaries.
(4) A general description of the predominant soil types, their location and their limitations for the proposed use.
(5) Proposed use of the development area, including present development and ultimate utilization with detail on soil cover, both vegetative and impervious.
(6) All proposed earth disturbance including:
A. Areas of excavation, grading and filling;
B. The finished grade, stated in feet horizontal to feet vertical, of cut and fill slopes;
C. Kinds of utilities and proposed areas of installation;
D. Proposed paved and covered areas in square feet or to scale on a plan map.
E. Makeup of proposed surface soil (upper six inches) on areas not covered by buildings, structures or pavement. Description shall be in such terms as: original surface soil, subsoil, sandy, heavy clay, stony, etc; and
F. Proposed kind of cover on areas not covered by buildings, structures or pavement. Description shall be in such terms as: lawn turfgrass, shrubbery, trees, forest cover, rip-rap, mulch, etc.
(7) Provisions for temporary and permanent erosion control.
(8) Provisions for the management of stormwater, including the control of accelerated runoff, to a stable receiving outlet.
(9) Provisions for maintenance of control facilities, including easements to insure short, as well as long term, erosion and sediment pollution control and stormwater management.
(10) Proposed construction sequence and time schedule for all earth-disturbing activities and installation of provisions for erosion and stormwater management.
(11) Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow shall be given for all surface water conveyance.
(12) Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(13) Permitted maximum velocities for waterways and stream channels shall meet the requirements of Section 1115.06
(f).
(14) Estimate of cost of erosion and sediment control and water management structures and features.
(15) Title, scale, direction, legend and date of all plan maps.
(16) Name (s) and address(es) of the person(s) preparing the plan, the owner and the person responsible for the development area.
(17) Certification that all earth disturbance, construction and development shall be done pursuant to the plan.
(18) The approving agency may either waive specific requirements for plan detail or require additional information, if needed, to show that the work shall conform to the basic requirements of this regulation.
(f) Plan Review, Approval and Alteration. The plan and appurtenant information shall be thoroughly reviewed by the Ashland County Soil and Water Conservation District, the City Engineer and, where applicable, the County Engineer, and approval or disapproval shall include the plan deficiencies and the provision for filing and revised plan. Earth-disturbing activities shall not commence until approval is given.
(Ord. 39-81. Passed 10-7-81.)