1193.04  STORM WATER MANAGEMENT PLANS.
   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 developer shall be responsible for preparing a Comprehensive Storm Water Management Plan including a Storm Water Pollution Prevention Plan (SWP3). A. Comprehensive Storm Water Management Plan must be developed and implemented for all commercial and industrial site development.  The City of Kent may require a comprehensive storm water management plan on sites disturbing less than one (1) acre.  A SWP3 shall be prepared in accordance with sound engineering and/or conservation practices by a professional experienced in design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction.  The SWP3 shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with construction activities.  The SWP3 shall be a comprehensive, stand-alone document.  Such plans must contain a description of controls appropriate for each construction operation covered by these regulations, and how the quantity and quality of storm water will be managed after construction is completed for every discharge from the site and/or into a water resource or small municipal separate storm sewer system (MS4).  Operator(s) must implement such controls in a timely manner. The SWP3 shall describe and ensure the implementation of Best Management Practices (BMPs) or SCMs that reduce the pollutants in storm water discharges during construction and pollutants associated with post-construction activates.  The SWP3 and BMPs/SCMs used to shall satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the State of Ohio's Rainwater and Land Development manual and the most current Ohio NPDES Statewide Construction Storm Water General Permit. The plans must make use of practices which preserve the existing natural condition to the Maximum Extent Practicable (MEP).
   (a)   Small Development Sites:  Developments that  have disturbed areas smaller than one (1) acre in total size may submit abbreviated Storm Water Management plans for Site Plan review, Development Plan review, or the requested permit(s). The abbreviated plan must cover the following items, in addition to any other items from this ordinance that are required by the Director:
      (1)   A description of the nature and type of the construction activity (e.g. low density residential, shopping mall, highway, etc.)
      (2)   A cover page or title identifying the name and location of the site, the name and contact information of all construction site Operator(s), the name and contact information of the person responsible for authorizing and amending the SWP3, preparation date, and the estimated dates that construction will start and be complete.
      (3)   Storm Water Issues: A statement as to how the increased Storm Water runoff and decreased Storm Water quality that will be caused by the Development will be handled, and a statement of what Best Management Practices (BMPs)/Storm Water Control Measures (SCMs) the Development will include in order to address them. When a Development is proposed to demolish an older existing structure, the developer may request, in writing, that the Director exempt such Developments from the Storm Water regulations of this chapter, if it can be demonstrated that controls are infeasible at the project location and create an undue burden without commensurate benefits to the receiving stream.  Undue burden shall be calculated by the Development Engineer.
      (4)   Site specific topographic plans drawn to scale showing the nature, location or dimensions and elevations of the area in question;
      (5)   The location of existing or proposed structures, fill, storage of materials, and drainage.   
      (6)   Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in Special Flood Hazard Areas where base flood elevation data are utilized;
      (7)   Type, size, location, grade and elevations (including their proposed invert at the building wall) for all site drainage including, but not limited to curbs and gutters, curb inlets and curb cuts, drainage grates, catch basins, trenches, manholes, pipes, drainage ditches, roof drain connections to the storm sewer together with Storm Water run-off calculations, pipe size calculations, pre- and post-Development runoff factors, and Storm Water retention or detention (where required) calculations and provisions.
      (8)   Approximate direction and gradient of ground slope including any embankments or retaining walls and the delineation of existing drainage patterns, waterways, and Water Bodies (including intermittent and ephemeral streams, rivers and their related river or stream bank, ponds, drainage ditches, lakes, and swamps) located within 200 feet of the site, including:
         A.   Boundaries and elevation of floodways and floodplains as delineated in the Flood Insurance Rate Map of the Flood Insurance Study by the Federal Emergency Management Agency, or any other existing watercourses or Water Bodies that appear on 1:24,000 U.S.G.S. maps other sources of flood information in accordance with Section 1337.01(f).
         B.   Location of wetlands (a wetlands delineation conducted by a certified wetlands biologist or approval by the Army Corps of Engineers);
         C.   All riparian and wetland setback areas pursuant to Chapter 1201 (Riparian and Wetland Buffers).
      (9)   All existing and planned, temporary and permanent, hydro-seeding, soil erosion and sediment control conservation practices for the site.  Residential lots shall include BMPs/SCMs designs which meet the standards and specifications of the State of Ohio's Rainwater and Land Development manual, including but not limited to:
         A.   Construction entrance, and;
         B.   Temporary grass seeding with 2 tons per acre of straw mulch, and;
         C.   Storm drain inlet protection around every storm yard inlet on the site, and;
         D.   Silt fence, filter sock or other protection for any stream located on or close to the site and lacking an adequate vegetative buffer, and
         E.   Construction fence to protect any conservation easements from encroachment.
         F.   Concrete truck washout
         G.   Street Sweeping
         H.   Final Stabilization
      (10)   Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 1337.04(e) (Nonresidential Structures) where base flood elevation data are utilized.
      (11)   Soil disturbing activities shall not begin and zoning permits shall not be issued without
         A. Approved SWP3 or Abbreviated SWP3
         B. Installation of erosion and sediment controls
      (12)   SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.
      (13)   A long term Inspection and Maintenance Plan and an Inspection and Maintenance Agreement per Section 1199.03.
   (b)   Large Development Sites: All Developments or Larger Common Plan of Development or Sale with disturbed areas equal to or larger than one (1) acre in size shall submit a Comprehensive Storm Water Management Plan outlining the following controls to be established to prevent sediment pollution of the water resources, wetlands, riparian buffers, and public and private properties:
      (1)   All elements required under 1193.04(a) for abbreviated Storm Water Management Plans;
      (2)   A general project description including the nature, type, total area expected to be disturbed, estimate of impervious area and percent impervious created, prior land uses at site, limits of soil-disturbing activity on the site spoil and borrow areas, and purpose of earth-disturbing activity and the Storm Water Management strategy proposed to meet this ordinance, including: the implementation schedule describing the sequence of major construction operations (i.e. clearing, grubbing, excavating, grading, utilities, and infrastructure installation) plus the implementation of erosion,
sediment and Storm Water management practices or facilities to be employed during each operation of the sequence, location and design calculations for all permanent Storm Water conveyance, detention and retention structures, and other Storm Water control structures, and any other Storm Water management-related items as may be required by the Director.
      (3)   A vicinity sketch locating the Development and all pertinent surrounding features within 1000 feet, including surface water locations, including springs, wetlands, streams, lakes water wells, riparian buffers, conservation easements, and other sensitive natural resources including items (D. - F.) under 1193.04(b)(46) of this Chapter.  Including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the permittee intends to fill or relocate for which the permittee is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
      (4)   Topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed Storm Water collection system, including:
         A.   Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
         B.   The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the 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.  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.  If applicable, identify the point of discharge to a municipal separate storm sewer system and the location where that municipal separate storm sewer system ultimately discharges to a stream, lake, or wetland. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the aerial 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 undisturbed areas of the project. 
      (5)   List TMDLs applicable for the site and demonstrate that appropriate BMPs/SCMs have been selected to address these TMDLs
      (6)   For each BMP/SCM, identify the drainage area, percent impervious cover within the drainage area, runoff coefficient (both pre- and post-construction) for water quality volume, peak discharge, and time of concentration for each subwatershed per Appendix 1 of Ohio's storm water manual, Rainwater and Land Development.  Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the Development Engineer.  Identify the BMP/SCM surface area, discharge and dewatering time, outlet type and dimensions.  Each BMP/SCM shall be designated with an individual identification number.       
         A.   The location of areas receiving runoff from the Development.
         B.   The limits of clearing operations and earth-disturbing activity and any new contour lines resulting from earth movement (shown as solid lines) with no larger than two-foot contour intervals (existing should be shown as dotted lines) including associated off-site borrow or spoil areas that are not addressed by a separate NOI and associated SWP3.
         C.   Existing and planned locations of buildings and areas with hard or impervious surfaces, as well as utilities that may affect soil erosion and sediment control.
         D.   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 Portage County, by the NRCS - USDA or an onsite, detailed Soils Engineering Report if required by the Director. Also include quality of any known pollutant discharge from the site such as that may result from previous contamination caused by prior land uses.
         E.   Sediment and storm water management basins drawn to scale with basic dimensions,  the calculations for size, contributing drainage area, sediment settling volume, and the expected disturbed area that will be directed to the sediment pond during construction.
         F.   The plan should include a summary of the following: the required sediment storage and dewatering volumes, the provided sediment storage and dewatering volumes, the weir length or skimmer size, as applicable, the weir length or skimmer size provided, as applicable.
         G.   Any other soil erosion and sediment control related BMPs/SCMs and items that are required by the Director.   
      (7)   Investigation conducted to verify that the condition and capacity of any existing storm sewer to be utilized as a part of the Development or as a Discharge point for Storm Water from the Development is adequate and that its use will not adversely affect other properties shall be supplemented with surveys, field reports and calculations signed and sealed by a professional engineer registered in the State of Ohio.
      (8)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed Development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished. A watercourse is also considered to be altered if any change occurs within its banks or within the floodway as designated in Section 1337.03(j).  Where watercourses will be altered or relocated, copies of notices sent to adjacent communities and the Ohio Department of Natural Resources, Division of Water, and evidence of submission of such notification to the Federal Emergency Management Agency shall be included in the plan.
      (9)   All necessary permits from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
      (10)   The location, size, detailed drawings, maintenance requirements and design calculations of each BMP/SCM as well as the scheduling, phasing, and coordination of construction operations and long-term maintenance requirements of  erosion and sediment control BMPs/SCMs during the construction and post-construction phases of each Development, including vegetative plantings and mulch, including:
         A.   The printed name and contact point of the person or entity responsible for long-term continued maintenance of all vegetative and/or mechanical BMPs/SCMs used.
         B.   The person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent Storm Water conveyance and storage structures and other conservation practices.
         C.   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.
         D.   A description shall be provided of the BMPs/SCMs that will be installed to control construction pollutants in Storm Water Discharge s occurring after construction operations have been completed (post construction). Such BMPs/SCMs may include, among others, infiltration of runoff, flow reduction by use of open vegetated swales, diversions, permanent grass plantings, tree and shrub plantings, stream bank protection practices, grade stabilization structures, etc.
         E.   The type and amount of plant seed, live plants, fertilizer, agricultural ground limestone and mulch to be used. (Soil testing for fertility and lime requirements is preferred. Only perennial grass seed will be used.)
         F.   A description of the water quality standards and projected treatment levels, if any, that will be addressed by the water quality BMPs/SCMs being installed.
      (11)   Location and description of any Storm Water Discharges associated with dedicated asphalt and dedicated concrete plants covered by this permit and the Best Management Practices/Storm Water Control Measures to address pollutants in these Storm Water Discharges.
      (12)   A copy of the permit requirements of the most current Ohio NPDES Statewide Construction Storm Water General Permit.
      (13)   For subdivided Developments where the SWP3 does not call for a centralized sediment control measure capable of controlling multiple individual lots, a detailed drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.  This does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for areas such as steep slopes, stream banks, drainage ways, and riparian zones.
      (14)   The SWP3 shall identify all subcontractors engages in activities that would impact Storm Water runoff. The SWP3 shall contain signatures from all the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.
      (15)   The SWP3 shall be retained on site during working hours
      (16)   The SWP3 shall be amended  whenever there is a change in design, construction or operation or maintenance, which has a significant effect on the potential for discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity.
      (17)   A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.
      (18)   Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.
      (19)   The SWP3 shall contain a description of the controls appropriate for each construction operation covered by the permit.  The SWP3 shall clearly describe for each major construction activities identified:
         A.   Appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented
         B.   Which contractor is responsible for implementation.
            (Ord. 2017-17.  Passed 3-15-17.)