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(a) In order to control sediment pollution of water resources, the owner shall submit an abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The abbreviated SWP3 shall be certified by a professional engineer, a registered professional surveyor, certified professional erosion and sediment control, or a registered landscape architect.
(c) The abbreviated SWP3 shall include a minimum of the following SCMs. The City may require other SCMs as site conditions warrant.
(1) Construction entrances. 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 two inches in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of Rainwater and Land Development Manual.
(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 indicated on the plan. Use for other waste and wastewater is prohibited.
(3) Street sweeping. 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 be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
| |
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the State and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 14 days but less than one year, and not within 50 feet of a surface water of the State. | 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. | |
(5) 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, including rear yard inlets. Straw or hay bales are not acceptable forms of inlet protection.
(6) Silt fence. Silt fence and other perimeter controls approved by the City Engineer shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in Table 3 of Section 1052.09
.
(7) Temporary sediment traps. Where site conditions exceed the capabilities of silt fence, sediment traps shall be implemented as the primary means of sediment control along the perimeter of disturbed areas. Temporary diversions shall be used as necessary to route sediment-laden runoff to the trap.
(8) Temporary mulching. Due to its' ease of implementation, relatively low-cost and high-effectiveness at abating erosion, periodic applications of straw mulch or equivalent materials, should be planned for on every site.
(9) Rock check dams. Check dams shall be utilized in areas of concentrated flow during active construction periods so as to minimize scouring of the bottom of swales and ditches.
(10) Erosion control matting. Matting shall be used in areas of concentrated flow (e.g. ditches, side and rear yard swales, etc.) where flow will exceed 3.5 fps for a 10-year, 24-hour design storm. It shall only be utilized at the time of final stabilization.
(11) Internal inspection and maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within twenty-four hours after any storm event greater than one-half inch of rain per 24-hour period. Maintenance shall occur as detailed below:
A. When SCMs require repair or maintenance. If the internal inspection reveals that a SCM is in need of repair or maintenance, with the exception of a sediment-settling pond, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
B. When SCMs fail to provide their intended function. If the internal inspection reveals that a SCM fails to perform its intended function and that another, more appropriate control practice is required, the abbreviated SWP3 must be amended and the new control practice must be installed within ten days of the inspection.
C. When SCMs depicted on the abbreviated SWP3 are not installed. If the internal inspection reveals that a SCM has not been implemented in accordance with the schedule, the control practice must be implemented within ten days from the date of the inspection. If the 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.
(12) Final stabilization. Final stabilization shall be determined by the City Engineer.
(d) The City Engineer may require the following items be included on the site plan for each abbreviated SWP3:
(1) Construction & SWP3 SCM implementation schedule.
(2) Limits of soil-disturbing activity of the site, including off-site spoil and borrow areas.
(3) Existing and proposed contours at 1-foot intervals.
(4) Location of all SWP3 SCMs.
(5) Footprint of building and site improvements.
(6) Areas to be marked off and left undisturbed.
(7) Location of topsoil and/or basement excavation stockpiles.
(8) Areas requiring temporary and/or permanent stabilization.
(Ord. 134-16. Passed 12-27-16.)
(a) The SWP3 and Abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the City before the review process begins. The schedule of fees shall be posted at the applicable City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. See Section 210.01(f) for all fees and deposits pertaining to plan review, including engineering fees incurred during plan review. All required fees and deposits shall be met upon final review and approval of all building plans and SWPPPs, and prior to the commencing of earth-disturbing activities.
(b) Stabilization Deposit.
(1) A stabilization deposit set forth in subsection (a) hereof will be due at the following time:
A. Residential home construction. Upon the initial building permit.
B. Residential subdivisions or commercial/industrial sites. Final plat acceptance.
(2) The stabilization deposit is to ensure that final stabilization occurs on all residential, commercial, or industrial sites. If final stabilization does not occur, the City has the right to use this deposit to perform the needed work.
(3) If a SWPPP is required by this chapter, soil-disturbing activities shall not be permitted until all stabilization and inspection deposits have been deposited with the Planning Office. These fees/deposits shall be posted for the City to perform the obligations otherwise to be performed by the owner of the development area as stated in this chapter and to allow all work to be performed as needed in the event that the owner fails to comply with the provisions of this chapter. Stabilization deposits will be returned when the following three criteria are met:
A. After eighty percent of the lots of the project have been complete or 100 percent of the total project has been permanently stabilized or three years from the time of permanent stabilization have passed.
B. As applicable, an as-built inspection of all stormwater management practices is conducted by the owner and reviewed and approved by the City Engineer per Section 1050.12(b).
C. As applicable, an inspection and maintenance agreement is accepted by the City Engineer per Section 1050.08(d)(10).
(4) Once these criteria are met, the owner shall be reimbursed all stabilization deposits 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 City may use the bond monies to fix any outstanding issues with all stormwater 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.
(5) For residential construction, the stabilization deposit will be refunded at the time of final certificate of occupancy.
(c) Inspection Fee.
(1) An inspection fee set forth in subsection (a) hereof will be due at the following time:
A. Residential home construction. Upon the initial building permit.
B. Residential subdivisions or commercial/industrial sites. Final plat acceptance.
(2) The inspection fee listed here is to cover the costs for all stormwater/erosion control inspection occurring throughout the construction of the property.
(Ord. 134-16. Passed 12-27-16.)
(a) All development sites are subject to inspections by the City’s authorized agent(s) under the direction of the City Engineer to ensure compliance with the approved site development plan or SWP3.
(b) The written status report prepared by the City and approved by the City Engineer shall be distributed to the permittee, the contractor if applicable, and the professional engineer of record.
(c) If it is found that the operations are being conducted in violation of this chapter and is considered a major violation (per the City Engineer), a stop-work order may be issued by the City until the identified violations cease. See Section 1052.991, below.
(d) Following the issuance of a stop work order, the City shall determine if and when the development may proceed. Any determination by the City pursuant to this section is a final order for purposes of judicial review.
(e) Any other violations shall be handled in the following manner:
(1) A letter from the office of the City Engineer to the violator.
(2) A secondary inspection performed of the site.
(3) If compliance has not been achieved, a second letter from the Law Director shall be submitted to the violator.
(4) A tertiary inspection will be performed of the site.
(5) If compliance has not been completed, then a summons and complaint will be issued to the violator.
(Ord. 134-16. Passed 12-27-16.)
No person shall violate, or knowingly cause or permit to be violated, any of the provisions of this chapter or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this chapter. No person shall knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any permit granted under this chapter. The timeline for corrective actions that do not present an immediate threat to the public health, safety or welfare shall be as follows:
Table 5: Timeline for Corrective Actions | |
Nature of Violation | Number of Days from Inspection To Correct Functioning of Control Practice |
Table 5: Timeline for Corrective Actions | |
Nature of Violation | Number of Days from Inspection To Correct Functioning of Control Practice |
Silt fence | Within 3 days |
Outlet control structure | Within 3 days |
Temporary or permanent stabilization within 50 feet of drainage channels. | Within 3 days |
Temporary or permanent stabilization for all other disturbed areas | Within 3 days |
Stabilized construction entrance | Within 3 days |
Pumping sediment-laden discharge into drainage channel | Immediately upon notice |
Sediment settling pond | Within 10 days |
Illicit discharge | Immediately upon notice |
Any other control practice not addressed in this table | Within 3 days |
(Ord. 134-16. Passed 12-27-16.)
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