1339.09 CONTROLLING CONSTRUCTION SITE SOIL EROSION, SEDIMENT AND OTHER WASTES AND STORM WATER RUNOFF.
   (a)   Comprehensive Storm Water Management Plan: The construction site conservation plan developed to meet this regulation will be coordinated and combined with the riparian and wetland setback plan and the post - construction water quality plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a comprehensive storm water management plan for the site. The comprehensive storm water management plan so developed will serve as the storm water pollution prevention plan ( SWP3) required by Ohio EPA as pail of the NPDES storm water permit for general construction.
      (1)   Purpose: The intent of this regulation is to establish consistent technically feasible and operationally practical standards to achieve a level of storm water management, and erosion and sediment control that will minimize damage to public and private property and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City.
      (2)   This regulation further intends, but is not limited, to:
         A.    Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.
         B.    Reduce damage to receiving water resources and drainage systems that are caused by new, development or redevelopment activities.
         C.    Control storm water runoff resulting from soil disturbing activities.
         D.    Assure that development site owners control the volume and rate of storm water runoff originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased.
         E.    Preserve to the maximum extent practicable the natural drainage characteristics of the building site and minimize the need to construct, repair, and replace enclosed storm drain systems.
         F.    Preserve to the maximum extent practicable natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
         G.    Assure that storm water controls are incorporated into site planning and design at the earliest possible stage.
         H.    Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
         I.   Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate soil erosion, sediment and storm water control.
         J.    Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water, erosion and sediment control.
         K.    Require the construction of storm water management practices that serve multiple purposes including flood control, soil erosion and sediment control, and require water quality protection; and encourage such practices that promote recreation and habitat preservation.
         L.    Ensure that all storm water management, soil erosion and sediment control practices are properly designed, constructed, and maintained.
      (3)   Scope: This regulation applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This regulation does not apply to:
         A.    Land disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio agricultural sediment pollution abatement rules (1501:15-3-01 to 1501:15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
         B.    Coal surface mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
         C.    Other surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
   (b)   Construction Site Conservation Plan: 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 owner of each development area shall be responsible for developing a comprehensive construction site conservation plan. This plan will address storm water management (volume and peak rate of runoff), soil erosion, sediment and other wastes control. This plan must contain a description of controls appropriate for each construction operation covered by these regulations, and the operator must implement the planned controls in a timely manner. The plan and BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual. The plan must make use of the practices that preserve the existing natural condition to the maximum extent practicable. The plan shall identify the subcontractors engaged in activities that could impact storm water runoff. The construction site conservation plan shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the construction site conservation plan.
   (c)   Development Sites less than 8,000 Square Feet in Disturbed Area: Individual development sites that are less than 8,000 square feet in total size of disturbed area shall submit an abbreviated soil erosion and sediment control plans with the topography plan for the requested permit(s). The Abbreviated SWP3 shall cover the following items that are applicable to the planned improvements, in addition to any other items from this regulation that are required by the City Engineer: The Abbreviated plan shall include temporary soil erosion and sediment control BMPs such as silt fence and filter socks, construction enhance, temporary seeding, inlet protection, cement washout areas for cement mixer delivery trucks or any other BMP that may be applicable to the site.
   (d)   Development Sites Between 8,000 Square Feet and One Acre. Individual development sites that are larger than 8,000 square feet and smaller than one acre (43,560 square feet) in total size of disturbed area, shall submit an Abbreviated SWMP. The Abbreviated SWMP must include the following items, in addition to any other items from this chapter that are required by the City Engineer:
      (1)   Storm Water Issues. A statement as to how the storm water runoff that will be caused by the planned development project will be handled. This statement must identify the BMWs the new construction project will include addressing storm water runoff.
      (2)   Schedule. A schedule for the perpetual maintenance of the post-construction BMPs and the responsible party for annual inspection, reporting, and maintenance.
      (3)   Riparian and Wetland Setbacks. All riparian and wetland setback areas will be identified in the plan an in the field before construction starts.
      (4)   Soil Erosion and Sediment Issues. A topographic plan of the entire development site must be submitted that identifies the location of:
         A.    All existing and planned impervious areas, storm water inlets, drainage swales, wetlands, streams, conservation easements and other natural features to be saved and protected on the property.
         B.    All existing and planned temporary and permanent BMPs for the site. All lots shall include at a minimum the following:
            1.   Soil erosion and sediment control BMPs, and
            2.   Construction entrance, and
            3.    Temporary grass seeding schedule with two tons per acre of straw mulch, and
            4.   Storm drain inlet protection around every storm yard inlet on the site or accepting drainage from the site, and
            5.   Silt fence or filter socks protection for any stream located on or close to the site and lacking an adequate vegetative buffer, and
            6.   Silt fence or filter socks to prevent sediment discharge into street storm sewer inlets where no centralized sediment control exists for the drainage area that includes the lot, and
            7.   Cement truck washout area for cement mixer delivery trucks, and
            8.   Material stockpile locations, and
            9.   Covering of dumpsters at the end of the work day, and
            10.   Construction fence to protect any conservation easements, riparian setbacks and wetland setbacks from encroachment by construction activities.
      (5)   The schedule for the use of temporary seeding developed according to the temporary seeding table contained in the minimum standards section of this regulation must be included. The location of construction material stockpile areas, if such have been approved by the City Engineer, with a description of the soil erosion and sediment controls to be maintained on the stockpile area prior to, during, and after the area is used for stockpiling.
   (e)   Development Sites One Acre in Size or Larger: All developments that have a larger common plan of development or sale equal to or larger than one acre in size of disturbed area are subject to this regulation and shall follow all of the requirements set forth in this regulation.
   (f)   Description of the Plan of Construction: The following information shall be included in the construction site conservation plan:
      (1)   Site Description:
         A.    A description of the prior land uses of the site.
         B.    A description of the nature and type of construction activity (e. g., low density residential, shopping mall, or highway).
         C.    A description of the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).
         D.    An estimate of the impervious area and percent imperviousness created by the construction activity.
         E.    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 the county, by the Natural Resources Conservation Service (MRCS).
         F.    An onsite, detailed soils engineering report if required by the City Engineer.
         G.    The name and location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located.
      (2)   A vicinity sketch locating:
         A.   The larger common plan of development or sale
         B.    The development areas
         C.    All pertinent surrounding natural features within 200 feet of the development site including, but not limited to: water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank)
         D.    Conservation easements
         E.    Other sensitive natural resources
         F.    The sensitive areas receiving runoff from the development
         G.    All off-site borrow or spoil areas
         H.    All off-site utility installation areas that are related to the planned project
      (3)   The existing and proposed topography shown in the appropriate contour intervals as approved by the City Engineer ( generally one -foot contours are used).
      (4)   The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.
      (5)   Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
      (6)   The person or entity responsible for continued maintenance of all vegetative and mechanical BMPs for both the construction and post-construction phases of the development.
      (7)   Long-term maintenance requirements and schedules of all BMPs for both the construction and post - construction phases of the development.
      (8)   Long-term maintenance inspection schedules.
      (9)   The person or entity financially responsible for conducting the inspections of, and the maintenance of, permanent storm water conveyance and storage structures and all other conservation practices.
      (10)   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.
      (11)   The location of any existing or planned riparian and wetland setback areas on the property.
      (12)   The plan must clearly describe, for each major construction activity, the appropriate BMPs and the general timing (or sequence) during the construction process of when the measures will be implemented; and, who (which contractor) will be responsible for implementation (e. g., Contractor A will clear, grub and install perimeter controls; Contractor B will maintain perimeter controls until final stabilization; and Contractor C will conduct and document the scheduled inspections.)
      (13)   Location and description of any storm water discharges associated with dedicated asphalt and concrete plants covered by this regulation and the BMPs to address pollutants in these storm water discharges.
   (g)   Construction Site Conservation Plan Elements: The construction site conservation plan shall include, at a minimum, the following information:
      (1)   The construction site conservation plan shall include a map showing the location of:
         A.   The limits of earth disturbing activity including excavations, filling, grading or clearing.
         B.    Drainage patterns during major phases of construction.
         C.    The location of each proposed soil erosion and sediment control BMP, including:
            1.   Permanent soil erosion control practices to be left in place after construction operations have been completed ( e.g. level spreaders, permanent erosion control matting, gabions or rock-lined channels),
            2.   Areas likely to require temporary stabilization during the course of site development,
            3.   Designated construction entrances where vehicles will access the construction site,
            4.   In stream activities including stream crossings,
            5.   Areas designated for the storage or disposal of solid, sanitary and toxic wastes,
            6.   Dumpsters,
            7.   Cement truck washout,
            8.   Fuel tanks
            9.   BMPs that divert runoff away from disturbed areas and steep slopes where practicable including rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices,
            10.   Sediment settling ponds drawn to scale.
            11.   Existing and proposed locations of buildings, roads, parking facilities and utilities.
            12.   Boundaries of wetlands and stream channels the owner intends to fill or relocate for which the owner is seeking approval from the U.S. Army Corps of Engineers and Ohio EPA.
      (2)   The construction site conservation plan shall include a list of soil erosion and sediment control BMPs being used and the standards and specifications, including detailed drawings, for each BMPs. This list shall include:
         A.    Methods of controlling the flow of runoff from disturbed areas so as to prevent or minimize erosion.
         B.    Identification of the structural practices to be used to control erosion and tap sediment from a site remaining disturbed for more than 14 days. A description shall be included of how each selected control will store runoff so as to let sediments settle out and divert flows away from exposed soils or act to limit runoff from exposed areas.
         C.    Identification for each structural practice of its size, detail drawings, maintenance requirements and design calculations.
         D.    The type and amount of plant seed, live plants, fertilizer, agricultural ground limestone and mulch to be used. Specification of soil testing requirements for fertility and time requirements will be included. Specification for the use of perennial grass seed will also be included.
         E.    Settling ponds will be identified with basic dimensions and the calculations for size and volume.
         F.    Detailed drawings and installation requirements of all other structural control BMPs.
         G.    Any other soil erosion and sediment control related BMPs and items that are required by the City Engineer.
         H.    For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detail drawing of a project specific typical individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.
      (3)   The construction site conservation plan shall include the scheduling, phasing and coordination of construction operations and erosion and sediment control BMPs, including vegetative plantings and mulch.
      (4)   The construction site conservation plan shall include a description of the storm water management (SWM) practices to be used on the site. The SWM element of the plan shall include, at a minimum, the following:
         A.    A map showing the location, drawn to scale, of permanent SWM conveyance, detention and retention structures, other SWM control structures and the SWM easements.
         B.    A general description of the SWM strategy proposed to meet this regulation.
         C.    Design calculations for all permanent SWM conveyance, detention and retention structures, and other SWM control structures.
         D.    Any other SWM related items required by the City Engineer.
            (Ord. 28-14. Passed 12-15-2014.)