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(a) The intent of this regulation is to establish consistent technically feasible and operationally practical standards to achieve a level of storm water management, and erosion and sediment control that will minimize damage to public and private property and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the Community.
(b) This regulation further intends, but is not limited, to:
(1) Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.
(2) Reduce damage to receiving water resources and drainage systems that are caused by new development or redevelopment activities.
(3) Control storm water runoff resulting from soil disturbing activities.
(4) Assure that development site owners control the volume and rate of storm water runoff originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased.
(5) Preserve to the maximum extent practicable the natural drainage characteristics of the building site and minimize the need to construct, repair, and replace enclosed storm drain systems.
(6) Preserve to the maximum extent practicable natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
(7) Assure that storm water controls are incorporated into site planning and design at the earliest possible stage.
(8) Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
(9) Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate soil erosion, sediment and storm water control.
(10) Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water, erosion and sediment control.
(11) Require the construction of storm water management practices that serve multiple purposes including flood control, soil erosion and sediment control, and require water quality protection; and encourage such practices that promote recreation and habitat preservation.
(12) Ensure that all storm water management, soil erosion and sediment control practices are properly designed, constructed, and maintained.
(Ord. 2009-26. Passed 5-20-09.)
Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
(Ord. 2009-26. Passed 5-20-09.)
(a) Where this chapter imposes a greater restriction upon land than is imposed or required by other Community provisions of law, ordinance, contract or deed, the provisions of this chapter shall prevail.
(b) If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(c) These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
(d) Failure of the Community to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the Community, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(Ord. 2009-26. Passed 5-20-09.)
This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This chapter does not apply to:
(a) Land disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
(b) Coal surface mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
(c) Other surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
(Ord. 2009-26. Passed 5-20-09.)
In implementing these regulations the Community Engineer or other Community officials may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant or his or her designated representative.
(Ord. 2009-26. Passed 5-20-09.)
In order to control storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands, the owner of each development area shall be responsible for developing a comprehensive Construction Site Conservation Plan. This plan will address storm water management (volume and peak rate of runoff), soil erosion, sediment and other wastes control. This plan must contain a description of controls appropriate for each construction operation covered by these regulations, and the operator must implement the planned controls in a timely manner. The plans and BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual. The plans must make use of the practices that preserve the existing natural condition to the Maximum Extent Practicable.
Development Sites 1 (One) Acre In Size or Larger: All developments that have a larger common plan of development or sale equal to or larger than one (1) acre in size of disturbed area are subject to this chapter and shall follow all of the requirements set forth in this chapter.
(a) Description of the Plan of Construction: The following information shall be included in the Construction Site Conservation Plan:
(1) Site Description:
A. A description of the prior land uses of the site.
B. A description of the nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.).
C. A description of the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).
D. An estimate of the impervious area and percent imperviousness created by the construction activity.
E. The types of soils within, or affected by, the development area, and the location of all highly erodible or unstable soils as determined by the most current edition of the soil survey of the county, by the Natural Resources Conservation Service (NRCS),
F. An onsite, detailed Soils Engineering Report if required by the Community Engineer.
G. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located.
(2) A vicinity sketch locating:
A. The larger common plan of development or sale.
B. The development area.
C. All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
1. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank).
2. Conservation Easements.
3. Other sensitive natural resources.
4. The sensitive areas receiving runoff from the development.
D. All off-site borrow or spoil areas.
E. All off-site utility installation areas that are related to the planned project.
(3) The existing and proposed topography shown in the appropriate contour intervals as approved by the Community Engineer (generally one-foot contours are used).
(4) The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.
(5) Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
(6) The person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development.
(7) Long-term maintenance requirements and schedules of all BMPs for both the construction and post-construction phases of the development.
(8) Long-term maintenance inspection schedules.
(9) The person or entity financially responsible for conducting the inspections of, and the maintenance of, permanent storm water conveyance and storage structures and all other conservation practices.
(10) The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices.
(11) The location of any existing or planned riparian and/or wetland setback areas on the property.
(12) The plan must clearly describe, for each major construction activity, the appropriate BMPs and the general timing (or sequence) during the construction process of when the measures will be implemented; and, who (which contractor) will be responsible for implementation (e.g., Contractor A will clear, grub and install perimeter controls and Contractor B will maintain perimeter controls until final stabilization; Contractor C will conduct and document the scheduled inspections.)
(13) Location and description of any storm water discharges associated with dedicated asphalt and concrete plants covered by this regulation and the Best Management Practices to address pollutants in these storm water discharges.
(b) Construction Site Conservation Plan Elements: the Construction Site Conservation Plan shall include, at a minimum, the following information:
(1) The Construction Site Conservation Plan shall include a map showing the location of:
A. The limits of earth disturbing activity including excavations, filling, grading or clearing.
B. Drainage patterns during major phases of construction.
C. The location of each proposed soil erosion and sediment control BMP, including:
1. Permanent soil erosion control practices to be left in place after construction operations have been completed (e.g. level spreaders, permanent erosion control matting, gabions, rock lined channels, etc.),
2. Areas likely to require temporary stabilization during the course of site development,
3. Designated construction entrances where vehicles will access the construction site,
4. In-stream activities including stream crossings,
5. Areas designated for the storage or disposal of solid, sanitary and toxic wastes,
6. Dumpsters,
7. Cement truck washout,
8. Fuel tanks
9. BMPs that divert runoff away from disturbed areas and steep slopes where practicable including rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices,
10. Sediment settling ponds drawn to scale.
D. Existing and proposed locations of buildings, roads, parking facilities and utilities.
E. Boundaries of wetlands and stream channels the owner intends to fill or relocate for which the owner is seeking approval from the US Army Corps of Engineers and/or Ohio EPA.
(2) The Construction Site Conservation Plan shall include a list of soil erosion and sediment control BMPs being used and the standards and specifications, including detailed drawings, for each BMPs. This list shall include:
A. Methods of controlling the flow of runoff from disturbed areas so as to prevent or minimize erosion.
B. Identification of the Structural Practices to be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. A description shall be included of how each selected control will store runoff so as to let sediments settle out and/or divert flows away from exposed soils or act to limit runoff from exposed areas.
C. Identification for each Structural Practice of its size, detail drawings, maintenance requirements and design calculations.
D. The type and amount of plant seed, live plants, fertilizer, agricultural ground limestone and mulch to be used. Specification of soil testing requirements for fertility and lime requirements will be included. Specification for the use of perennial grass seed will also be included.
E. Settling ponds will be identified with basic dimensions and the calculations for size and volume.
F. Detailed drawings and installation requirements of all other structural control BMPs.
G. Any other soil erosion and sediment control related BMPs and items that are required by the Community Engineer.
H. For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detail drawing of a project specific typical individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.
(3) The Construction Site Conservation Plan shall include the scheduling, phasing, and coordination of construction operations and erosion and sediment control BMPs, including vegetative plantings and mulch.
(c) The Construction Site Conservation Plan shall include a description of the Storm Water Management (SWM) practices to be used on the site. The SWM element of the Plan shall include, at a minimum, the following:
(1) A map showing the location, drawn to scale, of permanent SWM conveyance, detention and retention structures, other SWM control structures and the SWM easements.
(2) A general description of the SWM strategy proposed to meet this chapter.
(3) Design calculations for all permanent SWM conveyance, detention and retention structures, and other SWM control structures.
(4) Any other SWM related items required by the Community Engineer.
(Ord. 2009-26. Passed 5-20-09.)
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