1117.06   SEDIMENTATION PLAN.
   (a)    Intent.
      (1)    No change shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and approved by the City Engineer or Public Works Director or there has been a determination by the Planning Commission that such plans are not required.
      (2)    For sites regulated under the Ohio EPA General Construction Permit for Storm Water Discharges (Ohio EPA Permit No. OHC000004, or latest edition), the person seeking coverage under that Ohio EPA Construction Permit, shall provide a copy of the "Notice of Intent" (NOI) to do so and a copy of the Ohio EPA’s related "letter of coverage authorization", prior to start of construction.
      (3)   No subdivision shall be approved unless:
         A.    There has been a plan approved by the City Engineer or Public Works Director that provides for minimizing erosion and sediment as consistent with the intent of this chapter, and performance bond or other acceptable securities are deposited with the City in the form of an escrow guarantee which will insure installation and completion of the required improvements; or
         B.    There has been a determination by the Planning Commission and the Ohio EPA that such plans are not required.
   (b)    Performance Principles and Standards.
      (1)    The following principles are effective in minimizing erosion and sedimentation and shall be met where applicable for a developing site and included in the control plan.
         A.    Development or redevelopment sites that are covered under the Ohio EPA General Construction Permit shall develop a stand-alone Storm Water Pollution Prevention Plan (SWP3) per the requirements of the Ohio EPA Permit OHC000004 (or latest edition). This SWP3 shall be provided to the City Engineer for review when the plan for minimizing erosion and sedimentation is submitted for the development proposal. After the SWP3 is approved and during construction, it shall be kept on the construction site, along with a copy of the NOI and letter granting permit coverage under the Ohio EPA General Construction Permit.
         B.   Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion. Whenever feasible, natural vegetation shall be retained, protected and supplemented.
         C.   Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential.
         D.   The smallest practical area of land shall be exposed at any one time, the topsoil shall be preserved and returned to the surface areas to be revegetated.
         E.   Disturbed soils shall be stabilized as quickly as practicable with temporary vegetation and/or mulching to protect exposed critical areas during development.
         F.   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
         G.   Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development. Where necessary, surface water run-off shall be structurally retarded.
         H.   Sediment in the run-off water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.
      (2)    The following standards shall be followed in all water management and sediment control plans:
         A.    All lots shall be graded to provide proper drainage away from buildings and to dispose of it without pending. All land within a development shall be graded to drain and dispose of surface water without pending, except where waived by the Planning Commission.
         B.    All drainage provisions shall be of such design to adequately handle the surface run-off and to carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded, planted or paved as required and shall be of such slope, shape and size as to conform with the requirements of the City.
         C.    The installation of the specified water management and sediment control measures shall be accomplished in accordance with the most recent standards and specifications available from the Ohio Department of Natural Resources document entitled, "Rainwater and Land Development Manual". A copy of such standards and specifications will be kept on file in the offices of the Public Works Director and Development Services Director.
      (3)    The approved plan for water management and sedimentation control required of the landowner or his agent shall include, but not be restricted to, the following requirements:
         A.    A description of the nature and type of the construction activity.
         B.    Indicate the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
         C.    An estimate of the impervious area and percent imperviousness created by the construction activity.
         D.    A calculation of the runoff coefficients for both the pre-construction and post-construction site conditions.
         E.    Existing data describing the soil and, if available, the quality of any discharge from the site.
         F.    The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water(s) and the areal extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project. For discharges to the MS4, the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a stream or surface water of the state shall be indicated.
         G.    A description of prior land uses at the site.
         H.    A site map identifying the following:
            1.   Limits of earth-disturbing activity of the site including associated off-site borrow or spoil areas that are not addressed by a separate NOI and associated SWP3.
            2.   Elevations and/or contours, dimensions, location and extent of all work proposed to be done, and the existing elevations and/or contours of the land all in two foot increments. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres.
            3.   Soils types for all areas of the site, including locations of unstable or highly erodible soils.
            4.   Location of any buildings, structures, utilities, sewers, water and storm drains on the site where the work is to be performed.
            5.   Location of any building or structure on land of adjacent property owners within 100 feet of the site.
            6.   The location of all erosion and sediment control practices that are designed in accordance with the Ohio EPA General Construction Permit Requirements and ODNR Rainwater and Land Development Manual Standards, including the location of areas likely to require temporary stabilization during the course of site development.
            7.   Sediment and storm water management basins noting their sediment settling volume and contributing drainage area.
            8.   For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.
            9.   The location of designated construction entrances where the vehicles will access the construction site.
            10.   The location of any in-stream activities including stream crossings.
            11.   Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling;
            12.   Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures, location of proposed fences around sediment basins, steep excavations, or ponding areas, and other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area of land tributary to the site, and estimated cubic foot per second run-off of the area served by any drain, computed in accordance with current City storm drainage criteria.
         I.   Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven days from the start of grubbing.
         J.    Temporary and permanent soil stabilization controls in accordance with the Ohio EPA General Construction Permit Requirements and ODNR Rainwater and Land Development Manual Standards.
         K.    Detail drawings for all structural practices that include installation, inspection, and maintenance procedures.
         L.    A certification of the quantity of excavation and fill involved.
         M.    A timing schedule and sequence indicating the anticipated starting and completion dates of the development; stripping and/or clearing, rough grading and construction, final grading and vegetative establishment, and maintenance and the time of exposure of each area prior to the completion of effective erosion and sediment control measures.
         N.    The estimated cost ofthe grading and/or filling and the cost of the required erosion controls.
   (c)   Approval Procedures.
      (1)    Three backline copies of complete plans shall be filed with the office of the City Engineer.
      (2)    In order to insure that emergency measures could be taken by the City if the water management and sediment control measures were not implemented according to the agreed upon plan and schedule, a performance bond in the amount of the cost of the water management and sediment control measures shall be required to be filed with the City. Such performance bond shall authorize immediate payment to the City upon certification of the Planning Commission that necessary emergency work must be done immediately to ensure proper water management and sediment control as a result of the landowner's failure to complete or adhere to the approved water management and sediment control plan.
      (3)    The Planning Commission and the City Engineer shall make a continuing review and evaluation of the methods used and overall effectiveness of the storm water management and sediment control program.
   (d)    Enforcement.
      (1)    The Public Works Director or his designee shall enforce compliance with the approved sediment control plans for projects that involve the construction of public infrastructure, including residential and commercial subdivisions.
      (2)    The Development Services Director or his designee shall enforce compliance with the approved sediment control plans for individual lot development projects.
      (3)    The Public Works Director and Development Services Director have the authority to issue stop work orders to any person, firm or corporation performing work where sediment and erosion control measures are not provided in accordance with the approved site development plans.
         (Ord. 25-14. Passed 4-14-14.)