920.08 COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
Approvals issued in accordance with this regulation do not relieve the owner of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Owners are required to show proof of compliance with these regulations before the City of Macedonia will issue a building permit.
(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the owner's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(c) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act: If an Individual Permit is required for the development project, proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Soil and Water Resources permit application tracking number, a copy of the project approval letter from the ODNR Division of Soil and Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 68-2022. Passed 10-27-22.)
920.08 COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
(a) Comprehensive Stormwater Management Plan Required: The applicant shall develop a Comprehensive Stormwater Management Plan describing how the quantity and quality of stormwater will b 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). Comprehensive Stormwater Management Plans must mee the requirements in the Construction General Permit.
(b) Preparation by Professional Engineer: The Comprehensive Stormwater Management Plan shall be prepared by a Professional Engineer registered in the state of Ohio and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the City Engineer, a site survey shall be performed by a Professional Surveyor registered in the state of Ohio to establish boundary lines, measurements, or land surfaces.
(c) Community Procedures: The City Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the stormwater management system for the site. These procedures may be updated from time to time, at the discretion of the City Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The City Engineer shall make the final determination of whether the SCMs proposed in the Comprehensive Stormwater Management Plan meet the requirements of this regulation. The City Engineer may also maintain a list of acceptable SCMs that meet the criteria of this regulation to be used in the City of Macedonia.
(d) Contents of the Comprehensive Stormwater Management Plan: The Comprehensive Stormwater Management Plan must contain all elements and meet all requirements specified in the Construction General Permit and the following requirements. (Where there are conflicts, the most restrictive provisions, as determined by the City Engineer, shall prevail.)
(1) Site description:
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. 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. A description of prior land uses at the site.
D. An estimate of the impervious area and percent imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.
E. Existing data describing the soils throughout the site, including soil map units, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers.
F. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).
H. 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 disturbed areas of the project.
I. The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or which will receive discharges from disturbed areas of the project.
J. TMDLs applicable for the watershed that the construction site is located in has to demonstrate that the appropriate SCMs have been selected to address the TMDLs for that watershed. The TMDL information for all watersheds in the State of Ohio can be found on the Ohio EPA Nonpoint Source Pollution Control Program Website.
K. For each SCM, identify the drainage area, percent impervious cover within the drainage area, runoff coefficient for water quality volume, peak discharge, and the time of concentration for each sub-watershed per Appendix 1 of Ohio's stormwater manual, Ohio Rainwater and Land Development. Pervious and impervious areas should be treated as separate sub-watersheds unless allowed at the discretion of the City Engineer. Identify the SCM surface area, discharge and dewatering time, outlet type and dimensions. Each SCM shall be designated with an individual identification number.
L. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.
M. An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence. The SWP3 shall clearly describe for each major construction activity (a) appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented; and (b) which contractor is responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization).
N. 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.
O. The location of any areas on the site located within a Special Flood Hazard Area as defined by current Flood Insurance Rate Maps published by the Federal Emergency Management Agency.
P. Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the stormwater control measures to address pollutants in these stormwater discharges.
(2) Site map showing:
A. Limits of soil-disturbing activity on the site.
B. Soils map units for the entire site, including locations of unstable or highly erodible soils.
C. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.
D. Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the owner intends to fill or relocate for which the owner is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
E. Existing and planned locations of buildings, roads, parking facilities, and utilities.
F. The location of any in-stream activities including stream crossings.
G. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.
H. Sediment ponds, including their sediment settling volume and contributing drainage area. When drainage areas are predicted to change throughout active construction (e.g., when temporary diversions are utilized), applicable sediment storage zone and dewatering zone volumes shall be designed for the largest anticipated drainage area, and dewatering orifices shall be designed for the smallest anticipated drainage area.
I. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
(3) Contact information: Company name and contact information as well as contact name, addresses, and phone numbers for the following:
A. The Professional Engineer who prepared the Comprehensive Stormwater Management Plan.
B. The site owner.
(4) Phase: if applicable, of the overall development plan.
(5) List of sublot numbers: if project is a subdivision.
(6) Ohio EPA NPDES Permit Number: and other applicable state and federal permit numbers, if available, or status of various permitting requirements if final approvals have not been received.
(7) Location, including complete site address and sublot number if applicable.
(8) Location of any easements or other restrictions placed on the use of the property.
(9) A site plan sheet showing:
A. The location of each proposed post-construction SCMs.
B. The geographic coordinates of the site AND each proposed SCM in North American Datum Ohio State Plan North.
It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided.
(10) An Inspection and Maintenance Agreement. The Inspection and Maintenance Agreement required for SCMs under this regulation shall be a stand-alone document between the City of Macedonia and the owner and shall contain the following information and provisions:
A. The location of each SCM, including those SCMs permitted to be located in, or within 50 feet of, water resources, and identification of the drainage area served by each SCM.
B. A schedule for regular maintenance for each aspect of the stormwater management system and description of routine and non-routine maintenance tasks to ensure continued performance of the system as is detailed in the approved Comprehensive Stormwater Management Plan. This schedule may include additional standards, as required by the City of Macedonia Engineer, to ensure continued performance of SCMs permitted to be located in, or within 50 feet of, water resources.
C. The location and documentation of all access and maintenance easements on the property.
D. Identification of the landowner(s), organization, or municipality responsible for long-term maintenance, including repairs, of the SCMs.
E. The landowner(s), organization, or municipality shall maintain SCMs in accordance with this regulation.
F. The City of Macedonia has the authority to enter upon the property to conduct inspections as necessary with prior notification of the property owner, unless deemed as an emergency by the City Engineer to verify that the SCMs are being maintained and operated in accordance with this regulation.
G. The City of Macedonia shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or municipality responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the SCMs into proper working condition.
H. If the City of Macedonia notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame as determined by the City of Macedonia.
I. The City of Macedonia is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for maintenance does not make the required corrections in the specified time period. The City of Macedonia shall be reimbursed by the landowner(s), organization, or municipality responsible for maintenance for all expenses incurred within 10 days of receipt of invoice from the City of Macedonia.
J. The method of funding long-term maintenance and inspections of all SCMs. As part of the Inspection and Maintenance Agreement, all private SCM owners shall set up a fund from which regular maintenance will be drawn from as stated in the sub-divider's agreement signed between the developer and the City. Receipts showing funds allocated for inspection and maintenance of the SCM will be submitted with the annual inspection of the SCM.
K. A release of the City of Macedonia from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City of Macedonia from the construction, presence, existence, or maintenance of the SCMs.
L. Alteration or termination of these stipulations is prohibited. The City will provide the standard template for this agreement, upon request. The agreement must be approved by the Director of Law
M. Annual Inspection. There will be an annual inspection of all SCMs indicated in the CSWM. A SCM, in this case, shall be considered all stormwater facilities used for the purpose of water quality as decided upon by the City Engineer. Examples of SCMs requiring annual inspections are wet ponds, dry ponds, sand filters, bio-swales, and constructed wetlands. The City Engineer may require inspections to be performed more regularly if deemed necessary.
1. The landowner(s) or organization shall use a stormwater certified person (e.g., P.E., CESSWI, CPESC), as approved by the City Engineer, for annual stormwater inspections.
2. The Stormwater Inspector shall use the inspection form that is included in the agreement.
3. It is deemed a violation of this Section if the City does not receive the annual inspection report before August 1 of each year. In such an event, the City has the authority to enter upon the property to conduct any inspections as necessary to verify that the SCMs are being operated and maintained in accordance with this Chapter and charge the responsible party accordingly. Any accounts that are over 30 days delinquent may be certified to the County Auditor, who shall then place the same on the tax duplicate of the County, with interest as allowed by law, to be collected as taxes are collected.
N. Annual Report. Following the annual inspection, the landowner(s) or organization shall submit an annual stormwater report to the City Engineer. This report shall contain the following:
1. The annual inspection form by a stormwater certified person;
2. Listing of all corrective actions coming from the annual inspection listed as either high priority or normal priority;
3. Records of all regular maintenance performed throughout the year;
4. Records of normal priority corrective actions from the previous year;
5. Contact information of party submitting report.
6. The City shall maintain public records of these annual stormwater reports for a period of five years.
7. The City Engineer, or his designated appointee, will inspect all SCMs every five years to ensure the integrity of the annual inspections.
O. Corrective Actions. Corrective actions created by the annual inspection report shall be listed as either high priority or normal priority.
1. High priority items shall be corrected within three months of the date of the inspection report unless allowed further time by the City Engineer. The certified Stormwater Inspector shall submit a letter to the City Engineer when any high priority item is completed so that the City Engineer can personally inspect.
2. Normal priority items shall be corrected before the next annual inspection and will be listed in the next annual stormwater report.
P. The City is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s) or organization responsible for maintenance does not make the required corrections in the specified time period. In addition to any other penalty provided for in this Chapter, the City shall be reimbursed by the landowner(s) or organization responsible for maintenance for all expenses incurred within ten days of receipt of invoice from the City.
(11) Inspection and Maintenance Plan: This plan will meet the requirements in the Construction General Permit and will be developed by the applicant and reviewed by the City Engineer. Maintenance requirements of each SCM during and after construction should be included. Once the Inspection and Maintenance Plan is approved, a recorded copy of the plan must be provided to the property owner or association that will be responsible for the long-term operations and maintenance of the BMP and submitted to the City Engineer as part of the final inspections.
(12) Required calculations: The owner shall submit calculations for projected stormwater runoff flows, volumes, and timing into and through all SCMs for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and its floodplain, as required in Section 920.09 of this regulation. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The owner shall also include critical storm determination and demonstrate that the runoff from offsite areas have been considered in the calculations.
(13) List of all contractors and subcontractors before construction: Prior to construction or before the pre-construction meeting, provide the list of all contractors and subcontractors and their names, addresses, and phones involved with the implementation of the Comprehensive Stormwater Management Plan including a written document containing signatures of all parties as proof of acknowledgment that they have reviewed and understand the requirements and responsibilities of the Comprehensive Stormwater Management Plan.
(14) Existing and proposed drainage patterns: The location and description of existing and proposed drainage patterns and SCMs, including any related SCMs beyond the development area and the larger common development area.
(15) For each SCM to be employed on the development area, include the following:
A. Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.
B. Final site conditions including stormwater inlets and permanent nonstructural and structural SCMs. Details of SCMs shall be drawn to scale and shall show volumes and sizes of contributing drainage areas.
C. Any other structural and/or non-structural SCMs necessary to meet the design criteria in this regulation and any supplemental information requested by the City Engineer.
D. Each SCM shall be designated with an individual identification number. (Ord. 68-2022. Passed 10-27-22.)