1295.05   PERFORMANCE STANDARDS.
   (a)   Erosion and Sediment Kept on Site. Erosion and sedimentation caused by accelerated wind or storm water runoff over the site due to earth-disturbing activities shall be stabilized and confined to within the boundaries of the development site.
   (b)   Structural and Nonstructural Best Management Practices. Nonstructural storm water management practices shall be encouraged. Such practices may include, but not be limited to, preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction, and designation of tree preservation areas.
   (c)   Stream and Wetland Riparian Buffers. The site owner and/or applicant shall leave a riparian buffer on sides of and/or surrounding water resources, except for crossings and other riparian area impacts approved by the Municipal Engineer. Buffer area shall equal all identified FEMA floodways and floodplains unless otherwise approved by the Municipal Engineer. Buffer areas shall be maintained for minor and major ditch setbacks.
   (d)   Channel Protection. To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the latest edition of Rainwater and Land Development.
   (e)   Temporary Stabilization of Disturbed Areas and Soil Stockpiles.
      (1)   A temporary vegetative cover shall be established on disturbed areas as specified in Table I below.
 
Table 1: Temporary Stabilization
Area Requiring Temporary Stabilization
Time Frame to Apply
Erosion Controls
Any disturbed areas within 50 feet of a stream but not at final grade.
Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days.
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 21 days but less than 1 year.
Within 7 days of the most recent disturbance within the area.
Disturbed areas that will be idle over winter.
Prior to November 1.
 
      (2)   Application practices include, but may not be limited to, vegetation establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be appropriate for the time of year, site conditions and estimated time of use.
      (3)   Topsoil shall be maintained in a usable condition for sustaining vegetation and reused on the site.
   (f)   Permanent Stabilization.
      (1)   A permanent vegetative cover shall be established on disturbed areas as specified in Table 2 below.
 
Table 2: Permanent Stabilization
Area Requiring Permanent Stabilization
Time Frame to Apply
Erosion Controls
Any area that will lie dormant for 1 year or more.
Within 2 days of the most recent disturbance.
Any areas within 50 feet of any stream and at final grade.
Within 2 days of reaching final grade.
Any area at final grade.
Within 7 days of reaching final grade within that area.
 
      (2)   Permanent vegetation shall not be established until a ground cover is achieved which is mature enough to control soil erosion and will survive severe weather conditions.
   (g)   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.
   (h)   Protection of Adjacent Properties/Public Right-of-Ways. Properties, public rights-of-way, and thoroughfares adjacent to the site of an earth-disturbing activity shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer at the perimeter of the site whenever possible, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins, or by a combination of such measures as applicable.
   (i)   Sediment Control Structures.
      (1)   Erosion and sediment control practices used to satisfy the performance standards shall meet the standards and specifications in the current edition of Rainwater and Land Development. The engineer shall design and implement control practices which comply with these minimum requirements.
      (2)   Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than 14 days. Such structures may include, but are not limited to, silt fences, storm drain inlet protection, sediment basins and diversions or channels which direct runoff to a sediment basin. All sediment control practices must be capable of ponding runoff in order to be considered functional.
      (3)   Sediment control structures shall be set up within seven days from the start of grubbing and shall be made functional before other earth-disturbing activities take place. Earthen structures such as dams, dikes and diversions shall be seeded and mulched as soon as the installation is complete. Sediment control structures shall be functional throughout the course of earth-disturbing activity and until the site is stabilized with permanent vegetation.
      (4)   Sheet flow runoff from disturbed areas of the site shall be intercepted by silt fence or diversions. Silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in division (i)(1) of this section.
 
Schedule 1295.05(i)(1) Maximum Drainage Area for Silt Fence
Maximum drainage area (in acres) to 100 linear feet of silt fence
Range of slope for a particular drainage area (in percent)
0.5
<2%
0.25
> 2% but < 20%
0.125
> 20% but < 50%
 
      (5)   Concentrated storm water runoff from denuded areas flowing at rates that exceed the design capacity of sediment barriers shall pass through a sediment-settling facility. The facility shall be designed according to Rainwater and Land Development, current edition.
      (6)   Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes, or berms, may receive storm water runoff from areas up to ten acres.
      (7)   A centralized sedimentation basin shall be utilized for common drainage areas equal to or greater than ten acres.
      (8)   The Municipal Engineer may require sediment basins or traps for smaller disturbed areas where deemed necessary.
      (9)   If the Municipal Engineer determines that site conditions do not warrant its construction, based upon hydrological and hydraulic data, the storm water detention requirement may be modified.
   (j)   Stabilization of Waterways and Outlets. All on-site storm water conveyance channels shall be designed and constructed to withstand the expected velocity of flow. Methods adequate to minimize erosion shall also be provided at the outlets of all pipes and paved channels.
   (k)   Storm Sewer Inlet Protection.
      (1)   Unless otherwise provided for on the approved stormwater management plan, storm sewer inlets shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment, unless otherwise approved by the Municipal Engineer.
      (2)   There shall be no sediment-laden discharges to drainage channels resulting from dewatering activities. If any sediment-laden ground water is encountered during trenching activities, then the sediment-laden ground water must pass through an effective sediment control device prior to being discharged from the construction site.
      (3)   Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, dumpsters, concrete truck washout pits, and fuel tanks shall be shown on the storm water management (SWM) plan.
   (l)   Working in or Crossing Watercourses.
      (1)   Construction activities shall be kept out of watercourses to the maximum extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) shall be restored, and all disturbed area stabilized immediately after in-channel work is completed.
      (2)   Where a watercourse will be crossed regularly during construction, a non-erodible temporary stream crossing shall be provided.
   (m)   Construction Access Routes.
      (1)   Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls, such as public roads. Stone construction entrance(s) shall be implemented as soon as possible. The entrances shall be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual or as directed by the Municipal Engineer.
      (2)   Where soil is transported onto public road surfaces, the roads shall be cleaned thoroughly by either sweeping or scraping at the end of each workday or more frequently, in order to ensure public safety. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment.
      (3)   Erodible material ramps in streets to enable equipment to cross curbs shall be properly removed immediately after use.
   (n)   Maintenance and Removal of Temporary Measures.
      (1)   All temporary erosion and sediment control practices shall be maintained and repaired to assure continued performance.
      (2)   All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall have the final grade re-established and be permanently stabilized to prevent further erosion and sedimentation.
   (o)   Control of Construction Site Debris and Wastes. All site owners and/or applicants, contractors and developers shall control wastes such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste or debris from the site to the extent practical. Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering drainage channels. These practices shall include, but are not limited to, the following:
      (1)   If applicable, a dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum, etc. If applicable, a second covered dumpster will be provided for the proper disposal of toxic and/or hazardous wastes.
      (2)   The washing of any concrete material into a street, catch basin, or other public facility or natural resource shall not occur. A designated area for concrete washouts shall be made available and used for all concrete washouts.
      (3)   All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110 percent of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self- contained dike, the plug will be kept in the dike tank at all times.
      (4)   Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. Local health districts and Ohio EPA can provide guidance on these issues.
      (5)   Paint, paint washing liquids, excess paints and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable state regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of these wastes into surface or ground waters.
         A.   Water-based paint washing liquids and small quantities of excess water-based paints shall be properly disposed of off-site.
         B.   All other paints, paint thinners, and paint cleaning materials will be properly disposed of off-site or in the site's hazardous waste disposal dumpster or container.
   (p)   Use, Safety and Maintenance of Storm Water Practices.
      (1)   Storm water management practices shall be designed for the ultimate use of the site and function safely and with minimal maintenance. Areas developed for a subdivision shall provide a storm water management system for the ultimate development of all the subdivided lots and street rights-of-way.
      (2)   If an inspection by a representative of the municipality or OEPA reveals that a control practice needs repair or maintenance, upon proper notice, the site owner and/or applicant shall repair same according to the Timeline Correction Table as identified in Section 1295.08(g).
   (q)   Inspection of Storm Water Controls. See Section 1295.08(h) for specific requirements. All on-site and off-site (if applicable) control practices shall be periodically inspected by both the site owner and/or applicant and/or site owner/applicant's representative and a representative of the municipality or OEPA to ensure proper function and to identify failures.
      (1)   At a minimum, applicable construction sites which have the following compliance issues shall be inspected once every 14 calendar days instead of on a monthly basis:
         A.   Construction activities have started at the site with no SWP3 review and approved by the MS4;
         B.   Failure to install sediment basin(s) when the SWP3 and/or site drainage plans clearly indicate as a first step (within seven days prior to grading and within seven days of grubbing);
         C.   Construction activities taking place with no sediment/erosion controls; or
         D.   Dewatering activities resulting in turbid discharges.
         E.   Inspections can be returned to a monthly basis for the construction site once compliance with the above compliance issues have been addressed and verified.
(Ord. 13-030. Passed 10-15-13; Ord. 21-021. Passed 11-16-21.)