(a) The City of Massillon finds that erosion and sedimentation from land-disturbing activities detrimentally affects the public health, safety and general welfare in the following ways:
(1) Increases the risk of flooding because streams and storm water facilities that receive excessive sediment have a reduced capacity to convey water;
(2) Damages fisheries and habitat quality in streams and wetlands when siltation clogs spawning gravel and when excessive turbidity impairs the survivability of aquatic organisms;
(3) Increases public expenditures for maintenance of stormwater facilities, ditches, culverts and storm sewers that receive excessive amounts of sediment;
(4) Damages adjacent properties, including public right-of-ways, when sediment is deposited on these properties;
(5) Promotes transport of nutrients to lakes causing algal blooms and oxygen depletion.
(Ord. 84-2004. Passed 5-3-04.)
(Ord. 84-2004. Passed 5-3-04.)
(b) All performance and criteria specified in this section shall meet the specifications provided in the most recent Ohio EPA Construction General Permit. Should any conflict between these ordinances and the Construction General Permit exist, the Construction General Permit shall prevail. These rules are adopted in accordance with the City of Massillon’s authorization for small municipal separate storm sewer systems (MS4’s) to discharge storm water under the national pollutant discharge elimination system and shall apply to all soil-disturbing activities on land within the incorporated area of the City of Massillon used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes, including, but not limited to, individual or multiple lots, subdivisions, multi-family developments, condominium units, commercial and industrial developments, recreational projects, general clearing and grading projects, underground utilities, highways, building activities on farms, redevelopment of urban areas and all other uses unless expressly excluded as follows: (Ord. 11-2022. Passed 2-22-22.)
(1) Activities related to producing agricultural crops and silviculture operations or areas regulated by the Ohio Agricultural Sediment Abatement Rules. (H.B. 88)
(2) Strip mining and surface mining operations regulated under Revised Code 1513.01, 1514.01.
(3) Normal landscape maintenance activities and gardening/horticulture.
(4) An Erosion Sediment Control Plan is not required before clearing, grading, excavating, filling or otherwise wholly or partially less than 1 (one) contiguous acres of land owned by one person or operated as one development unit; however, areas of less than 1 (one) contiguous acres are not exempt from compliance with all other provisions of these rules. (See, 920.04(a))
(Ord. 84-2004. Passed 5-3-04.)