§ 156.06 EROSION AND SEDIMENT CONTROL PLAN; CONTENT; DESIGN REQUIREMENTS.
   (A)   (1)   For those areas that are greater than one acre of disturbed area a storm water pollution prevention plan (SWPPP) shall be required. A storm water pollution prevention plan (SWPPP) shall be prepared and implemented in accordance with KYR 10. All construction site operators working on site shall comply with requirements of the SWPPP and KYR 10.
      (2)   A current copy of the SWPPP shall be readily available at the construction site from the date of project initiation to the date of Notice of Termination. The person with day-to-day operational control over the plan's implementation shall keep a copy of the SWPPP readily available whenever on site (a central location accessible by all on-site operators is sufficient for sites that are part of a common plan of development). If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the plan's location shall be posted near the main entrance at the construction site.
   (B)   Each erosion and sediment control plan shall bear the name and address of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant’s principal contact at such firm.
   (C)   For sites containing more than one acre of disturbed area, a Notice of Intent (NOI) must be filed with the Kentucky Division of Water (KDOW). Prior to submittal of the NOI to KDOW, the complete NOI submittal shall be submitted to the city for review and comment. The city reserves the right to review the NOI submittal for conformance with this chapter, and this review is separate and apart from state approval of any plan.
   (D)   Each erosion and sediment control plan shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the erosion and sediment control plan submitted by the developer, and that a certified contractor shall be on site on all days when construction activity related to site work or grading takes place.
   (E)   In the event of a violation of the provisions of this and/or any other city ordinance regarding stormwater/erosion control, the applicant may be required to file with the Code Enforcement Board performance bond, or letter of credit, in an amount deemed sufficient by the city to cover all costs of temporary or permanent erosion and sediment control improvements for such period as specified by the city, and engineering and inspection costs to cover the cost of repair of erosion and sediment control improvements installed on the site.
   (F)   Review and approval. The city will review each erosion and sediment control plan (SWPPP) to determine its conformance with the provisions of this chapter. Within 30 working days after receiving an application, the city shall, in writing:
      (1)   Approve the erosion and sediment control plan (SWPPP);
      (2)   Approve the erosion and sediment control plan (SWPPP) subject to such reasonable conditions as may be necessary to secure the objectives of this regulation, and issue the permit subject to these conditions; or
      (3)   Disapprove the erosion and sediment control plan (SWPPP), indicating the reasons for denial and the procedure for submitting a revised plan.
   (G)   Erosion and Sediment Control Plan (SWPPP). Erosion and Sediment Control Plans (SWPPP) shall include the following:
      (1)   A natural resources map identifying soils, forest cover, and resources protected under other chapters of this code.
      (2)   A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
      (3)   All erosion and sediment control measures necessary to meet the objectives of this chapter throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the adoption of intermediate plans may be required at the close of each season.
      (4)   Seeding mixtures and rates, types of sod, method of seedbed preparation, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Specify alternative methods based on seasonal needs.
      (5)   Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.
   (H)   Small site requirements. For construction sites of one acre or less disturbed area, the following minimum erosion control measures shall be used, if applicable:
      (1)   An approved construction entrance;
      (2)   Perimeter control, if there is potential for disturbed soil to be deposited onto or in streets, storm sewers, drainage channels or streams;
      (3)   Contained washout facility for concrete trucks;
      (4)   Trash control;
      (5)   Prompt cleanup of any silt or other debris discharged to streets, gutters, storm sewers or streams.
   (I)   Design Requirements. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Design Manual, and shall be adequate to prevent transportation of sediment from the site. Design requirements include:
      (1)   Cut and fill slopes shall be no greater than 2:1, (horizontal: vertical), except as approved by the city to meet other community or environmental objectives.
      (2)   Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with state and Federal regulations. Clearing techniques shall retain natural vegetation and drainage patterns to the maximum extent practicable, as described in the city’s Technical Stormwater Manual.
      (3)   Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and stabilized.
      (4)   Phasing is encouraged on all sites, with the size of each phase to be established at plan review and as approved by the city.
      (5)   Erosion control measures shall include the following:
         (a)   Stabilization of disturbed areas must be initiated immediately whenever any clearing, grading, excavating or other earth disturbing activities have permanently ceased on any portion of the site, or temporarily ceased and will not resume on any portion of the site for a period of 14 days. In limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed.
         (b)   If seeding or another vegetative erosion control method is used, adequate temporary erosion control may be required until permanent cover is established.
         (c)   Special techniques that meet the design criteria outlined in the Technical Stormwater Manual on steep slopes or in drainage ways shall be used to ensure stabilization.
         (d)   Soil stockpiles must be contained at the end of each workday, with adequate measures taken to control and treat runoff.
         (e)   The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
         (f)   Techniques shall be employed to prevent the blowing of dust or sediment from the site.
         (g)   Techniques that divert upland runoff past disturbed slopes shall be employed.
         (h)   Techniques shall be employed to minimize soil compaction and preserve topsoil, but these measures are not required where the intended function of a specific area dictates that topsoil be compacted, disturbed or removed.
      (6)   Sediment control measures may be required to include, if applicable:
         (a)   Settling basins, sediment traps, or tanks and perimeter controls.
         (b)   Settling basins that are designed in a manner that allows adaptation to provide long term storm water quantity and quality management, if required by the city.
         (c)   Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.
      (7)   Waterway and watercourse protection requirements shall include:
         (a)   A temporary stream crossing installed and approved by the Kentucky Division of Water if a wet watercourse will be crossed regularly during construction.
         (b)   Stabilization of the watercourse channel before, during, and after any in-channel work.
         (c)   Design all on-site storm water conveyance channels according to the criteria outlined in the Design Manual.
         (d)   Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
         (e)   Vegetative filter strips may be required along watercourses, in conformance with the stormwater best management practices manual (Sanitation District #1 of Northern Kentucky date February 2012).
      (8)   Construction site access requirements shall include:
         (a)   Approved temporary access entrance(s) provided at all sites.
         (b)   Other measures necessary to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
(Ord. 14-1008, passed 8-25-2014)