1336.09  PERFORMANCE STANDARDS .
   (a)   To control sediment pollution of water resources, the owner shall adhere to the following planning and best management practices as specified in the most current edition of Rainwater and LandDevelopment Manual, where applicable:
      (1)   Timing of Sediment Trapping Practices.     
         A.   Sediment control practices shall be functional throughout all phases of up slope soil disturbing activities.
         B.   Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented as the first step of grading within seven (7) days from the start of grubbing.  They shall continue to function until the up slope development area is permanently re-stabilized.
      (2)   Clearing and Grubbing: Clearing and grubbing will be done in two (2) more phases.  The first phase will include only those locations necessary to install the perimeter soil erosion and sediment control, and storm water control practices.  After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
      (3)   Stabilization of Denuded Areas & Soil Stockpile: Permanent or temporary soil stabilization shall be applied as described in the tables below.  Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the Community Engineer, uniformly covers seventy percent (70%) or more of the soil surface, provides adequate cover, and is mature enough to control soil erosion and to survive adverse weather conditions.
Temporary Stabilization 
 
Area Requiring Temporary Stabilization
Time Frame to Apply Erosion Control
Any disturbed areas within 50 feet of a Stream and not at final grade
Within two days of the most recent disturbance if the area will remain idle for more than 21 days
For all construction activities, any disturbed areas that will be dormant for more than 21 days but less that one year, and not within 50 feet of a stream
Within seven days of the most recent disturbance within the area
 
For residential subdivisions, disturbed areas must be stabilized at least seven days prior to the transfer of permit coverage for the individual lot(s)
Disturbed areas that will be idle over the winter
Prior to the onset of winter weather
Permanent Stabilization
 
Area Requiring Permanent Stabilization
Time Frame to Apply Erosion Controls
Any areas that will lie dormant for one year or more
Within seven days of the most recent disturbance
Any areas within 50 feet of a stream and at final grade
Within two days of reaching final grade
Any other areas at final grade
Within seven days of reaching final grade within that area
      (4)   Settling Ponds: Storm water runoff flowing at rates that exceed the design capacity of sediment barriers shall pass through a sediment settling pond.  When designing sediment settling pond, the following shall apply:
         A.   The facility’s storage capacity shall be designed in accordance with the requirements of the Rainwater and Land Development Manual.
         B.   Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water.
      (5)   Sediment Barriers: Sheet and rill runoff from denuded areas shall be directed to a settling pond or treated by a geotextile silt fence or other approved sediment barrier.  The total runoff flow treated by a sediment barrier shall not exceed the design capacity of that sediment barrier.
      (6)   Storm Sewer Protection: All storm sewer inlets that receive water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer.  In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up-slope areas reach final stabilization, as determined by the Community Engineer.  The owner shall be required to hydraulically clean the storm sewers after each of this period to the satisfaction of the Community Engineer.  Sediment from the soil disturbing activities shall be removed from the system and shall not be flushed downstream.  In situations deemed necessary to preserve the public health, safety, and welfare the Public Service Director, or his designee, may order the temporary removal of such storm sewer protection.  It shall be restored when so ordered, at no additional expense to the Municipality.
      (7)   Working Near or Crossing Water Resources
         A.   Construction vehicles shall avoid water resources and their setback areas.  If construction vehicles must cross a drainage way repeatedly during construction, an approved temporary stream crossing shall be constructed.  Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources in such a manner that it may slough, slip or erode.
         B.   No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing has been authorized by the Community, and where applicable, the U.S.  Army Corps of Engineers and the Ohio Environmental Protection Agency, for such purposes as, but not limited to, constructing bridges, culverts, and erosion control measures.
      (8)   Construction Access Routes:
         A.   Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls or onto public roads.  Gravel construction access drives shall be implemented as required by the Community Engineer and Ohio EPA.
         B.   Soil shall be removed from paved surfaces and/or public roads at the end of each day or more frequently as needed to insure public safety and prevent a nuisance.
      (9)   Sloughing and Dumping: Soils prone to slipping, land sliding, or other instability, as determined by the Cuyahoga County Soil Survey, shall not be graded, excavated, filled, or have loads imposed upon them, unless the work is done in accordance with a qualified professional engineer’s recommendation to correct, eliminate, or adequately address the problems caused by the soil characteristics.
      (10)   Cut and Fill Slopes: Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion and slippage.  Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, groundwater conditions, and slope stabilization.
      (11)   Stabilization of Outfalls and Channels: Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, ten-year (minimum) frequency storm without eroding.
      (12)   Disposition of Temporary Practices: All temporary erosion and sediment controls practices shall be disposed of immediately after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise required by the Community Engineer.  Trapped sediment shall be permanently stabilized to prevent further erosion.
      (13)   Control of Non-Sediment Pollution: Site Management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the Community’s water resources.  These practices shall include but are not limited to the following:
         A.   A covered Dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, or gypsum.
         B.   The washing of concrete material into a street, catch basin, or other public facility or natural resource shall not occur.  A designated area for concrete washout shall be made available.
         C.   All fuel tanks and drums shall be stored in a marked storage area.  A functional dike, or other approved containment, shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area and any additional requirements stipulated by the local Fire Authority.
         D.   Any toxic or hazardous waste shall be disposed of properly.
         E.   Contaminated soils from redevelopment sites shall be disposed of properly.  Runoffs from contaminated sites shall not be discharged from the site.  Proper permits shall be obtained for development projects on solid waste landfill sites.
      (14)   Pre-Winter Stabilization Planning:  If the development area is, or is planned, to remain active through the winter months, a Pre-Winter Stabilization Meeting shall be held by the owner, and the developer, engineer, and contractor of the project with the Community prior to October 1, in order to plan and approve winter erosion and sediment control as defined in the most current edition of Rainwater and Land Development Manual.
      (15)   Maintenance:  All temporary and permanent erosion and sediment control practices shall be:
         A.   Designed and constructed to minimize maintenance requirements.  They shall be maintained and repaired as needed to assure continued performance of their intended function.  The person or entity responsible for the continued physical and financial maintenance of permanent erosion control measures shall be identified to the satisfaction of the Community.
         B.   Inspected by the owner or person responsible for the development area once every seven (7) days and within twenty-four (24) hours of a 0.5” or greater rainfall event.  A written log of these inspections and any subsequent improvements to controls shall be kept by the Owner or the Owner’ designated representative.  The inspections shall include the date of the inspection, the name of the inspector, weather conditions, the actions taken to correct problems, and the date actions were taken.
      (16)   Underground Utility Construction: Backfilled trenches for underground utility lines and pipes shall be temporarily stabilized within seven (7) days if they are to remain inactive or thirty (30) days.  Trench de-watering devices shall discharge in a manner that filters soil-laden water before discharging it to a receiving drainage.
   (b)   To control increases in storm water runoff peaks and volumes a Storm Water Quantity Management Plan shall be prepared in accordance with Chapter 1337
(Ord.  08-13.  Passed 3-3-08.)