1049.01 PURPOSE.

(a) The City has determined that the lands and waters of the City are limited resources and that their quality is of primary importance in promoting and maintaining the health, safety, and general well-being of all life within its jurisdictional boundaries. The purpose of this chapter is to provide for the protection of surface and ground waters from contamination from urban storm water runoff as related to construction and development activities and post-construction storm water management and to protect the land and water resources of the City by establishing standards to achieve a level of soil erosion and storm water control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities.

(b) The objectives of this chapter are:

(1) To assure that those involved in earth-disturbing activities minimize both soil erosion and the volume and rate of storm water runoff from their sites;

(2) Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and replace enclosed, subsurface storm drain systems;

(3) Assure that storm water controls are incorporated into site planning and design at the earliest possible stage and that all storm water management practices are properly designed, constructed, and maintained;

(4) Prevent unnecessary stripping of vegetation and loss of soil and to promptly re- vegetate and stabilize the site following earth disturbing activities;

(5) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, wetlands, and storm water management practices;

(6) Encourage the construction of storm water management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation;

(7) Preserve to the maximum extent practicable natural infiltration and groundwater recharge;

(8) To establish standards, principles, and procedures for the regulation of construction and development related earth disturbing activities that cause or may cause adverse water resource impacts resulting from storm water runoff and soil erosion;

(9) To provide homebuilders, developers, and landowners with consistent, technically feasible, and economically reasonable standards for erosion control and storm water management to promote the public health and safety and sound economic development in the City and throughout the Great Miami Watershed;

(10) To partially fulfill the City's responsibility as a local designated management agency to implement non-point source control activities set forth by the Miami Valley Regional Planning Commission (MVRPC) and authorized under Section 208 of the Federal Water Pollution Control Act (P.L. 92-500, 86 Stat. 816), 33 USC 1288, as amended by the Clean Water Act of 1977 (P.L. 95-217, 91 Stat. 156);

(11) To comply with 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, and Ohio EPA's Phase II Storm Water Program which require designated communities, including the City to develop a storm water management program to address the quality of storm water runoff during and after earth disturbing activities; and,

(12) In accordance with Article XVIII, Section 3 of the Ohio Constitution which grants municipalities the legal authority to adopt rules to abate soil erosion and water pollution by soil sediments and Ohio R.C. Chapter 1511 which grants municipalities the legal authority to adopt sediment and erosion control practices.

(Ord. 5973. Passed 2-20-07.)

1049.02 DEFINITIONS.

For the purposes of this chapter, all words used in this chapter shall have their customary meanings as defined in Webster's New World Dictionary and/or Rainwater and Land Development, except those specifically defined in this section.

(a) “Accelerated erosion” means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.

(b) “Applicant” means a property owner or agent of a property owner who has filed an application for a storm water management permit.

(c) “Approval authority” means an official, organization, or group designated to review and approve/disapprove site development plans, storm water pollution prevention plans, storm water management plans.

(d) “Authorized agent” means an official (typically the City Engineer), organization, or group designated by the City Manager to provide technical guidance in the development and implementation of site development, storm water pollution prevention plans and storm water management plans, to review and approve/ disapprove such plans as authorized, and to enforce this chapter.

(e) “Best management practices (BMPs)” are schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the municipal separate storm sewer system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from materials storage.

(f) “Buffer” means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited.

(g) “Building” means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

(h) “Channel” means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

(i) “City” means the City of Miamisburg.

(j) “Critical storm” means a storm which is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.

(k) “Cut” means an excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.

(l) “Dedication” means the deliberate appropriation of property by its owner for general public use.

(m) “Detention basin” means an impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing storm water.

(n) “Detention facility” means a detention basin or alternative structure designed to temporarily store storm water runoff and gradually release the stored water at a controlled rate.

(o) “Developer” means a person who undertakes land disturbance activities.

(p) “Development area” means any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth-disturbing activities are planned or underway.

(q) “Drainage easement” means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.

(r) “Earth-disturbing activity” means any grading, excavation, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.

(s) “Fill” means any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

(t) “Hotspot” means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.

(u) “Hydrologic Soil Group (HSG)” means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.

(v) “Impervious cover” means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).

(w) “Industrial storm water permit” means a National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on- site pollution control strategies.

(x) “Infiltration” means the process of percolating storm water into the subsoil.

(y) “Infiltration facility” means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

(z) “Jurisdictional wetland” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

(aa) “Land disturbance activity” means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.

(bb) “Landowner” means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

(cc) “Maintenance agreement” means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.

(dd) “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned or operated by the City.

(ee) “Nonpoint source pollution” means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

(ff) “Non-structural controls” means storm water runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.

(gg) “Off-site facility” means a storm water management measure located outside the subject property boundary described in the permit application for land development activity.

(hh) “On-site facility” means a storm water management measure located within the subject property boundary described in the permit application for land development activity.

(ii) “Parcel” means any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.

(jj) “Peak rate of runoff” means the maximum rate of runoff for any 24 hour storm of a given frequency.

(kk) “Pre-development conditions” means site conditions as they existed prior to manmade alterations and/or earth disturbing activities.

(ll) “Recharge” means the replenishment of underground water reserves.

(mm) “Redevelopment” means any construction, alteration or improvement exceeding square feet in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.

(nn) “Sediment basin” means a barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.

(oo) “Site development plan” is the written document or set of plans meeting the requirements of this chapter that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of earth disturbing activities.

(pp) “Steep slope” means a slope over 18 percent grade, which is characterized by increased run-off, erosion and sediment hazards.

(qq) “Stop work order” means an order issued by the City authorized agent which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWP3 or site development plan.

(rr) “Storm water management” means the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

(ss) “Storm water management plan (SMP)” is the written document meeting the requirements of this chapter that sets forth the plans and practices to be used to minimize storm water runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.

(tt) “Storm water pollution prevention plan (SWP3)” is the document required by the Ohio EPA for compliance with its NPDES construction activity general permit #OHC000002. The requirements of the SWP3 are required as part of the local jurisdiction's storm water management plan as described above and in this chapter.

(uu) “Storm water retrofit” means a storm water management practice designed for an existing development site that previously had either no storm water management practice in place or a practice inadequate to meet the storm water management requirements of the site.

(vv) “Storm water runoff” means flow on the surface of the ground, resulting from precipitation.

(ww) “Storm frequency” means the average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.

(xx) “Structural controls” mean any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.

(yy) “Swale” means a low lying stretch of vegetated land which gathers and carries surface water.

(zz) “Temporary vegetation” means short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.

(aaa) “Water quality volume (WQV)” means the storage needed to capture and treat 90 percent of the average annual storm water runoff volume. Numerically (WQV) will vary as a function of long term rainfall statistical data.

(bbb) “Waters of the State” means surface watercourses and water bodies as defined at 40 CFR 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.

(Ord. 5973. Passed 2-20-07.)

1049.03 SCOPE.

(a) Applicability.

(1) This chapter shall apply to both the development and redevelopment of land proposed for the following:

A. Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non-agricultural uses in rural areas.

B. Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.

C. Public infrastructure uses, including transportation and utilities.

D. Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.

(2) This chapter does not apply to earth disturbing activities associated with agricultural activities.

(b) Responsibility for Administration. The authorized agent shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized agent may be delegated in writing to persons or entities acting in the beneficial interest of or in the employ of the City.

(c) Severability. The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(d) Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(e) Exemptions. Exemption does not exempt any person or persons from other provisions of this chapter or liability from their activities. Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a site development plan or storm water management plan provided they meet all of the following:

(1) Construction takes place on one parcel;

(2) The earth disturbing activity does not affect more than one acre of the development site at a time;

(3) Construction is not located within 100 feet of a sensitive natural area;

(4) Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.;

(5) One or both of the following:

A. Specifications are obtained and followed for controlling potential off-site storm water and erosion impacts from small lot building sites set forth by the City and/or its authorized agent(s).

B. The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said plan.

(f) Compatibility with Other Permit and Ordinance Requirements. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

(Ord. 5973. Passed 2-20-07.)

1049.04 SITE DEVELOPMENT PLAN.

(a) Any person or persons proposing to develop or redevelop land within the City for any of the uses listed in Section 1049.03(a) shall design, develop, and submit a site development plan (SDP) as described below. Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impacts that may result from such development activities and the need for submission of a storm water management plan (SMP).

(b) No earth disturbing activity subject to regulation under this chapter shall be undertaken for any land proposed for development or redevelopment for uses specified under Section 1049.03(a) without an approved SDP and, if appropriate, an approved SMP.

(c) This final plan must be signed by an Ohio licensed professional engineer (PE), who will verify that the design of all storm water management practices meet the submittal requirements outlined in the Rainwater and Land Development Manual.

(d) Final approval of a proposed development or redevelopment shall not be given unless:

(1) A determination is made by the authorized agent based on submission of a SDP that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters; or

(2) A SMP has been approved by the authorized agent of the City based on the recommendation of its authorized agent that determines that the proposed earth

disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters.

(3) Any person seeking approval of land development proposals for use types listed in Section 1049.03(a) shall develop and submit a SDP. The applicant is encouraged to have a pre-submission meeting with the City authorized agent.

(e) Storm Water Design Manual. The Rainwater and Land Development Manual includes a list of acceptable storm water treatment practices, including the specific design criteria and operation and maintenance requirements for each storm water practice. The manual may be updated and expanded from time to time, at the discretion of the local review authority, based on improvements in engineering, science, monitoring and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards.

(f) Site Development Plan Requirements.

(1) Each applicant shall provide information that details the location of the area proposed for development, the site in relation to its general surroundings, predevelopment site conditions, existing characteristics of the site, and the extent of proposed earth disturbing activities. At a minimum the plan shall include the following elements:

A. Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected.

B. General location map that shows the area proposed for development and pertinent adjacent areas and features.

C. A description of the nature and type of the earth disturbing/construction activity (e.g. residential, commercial, highway, etc.) *

D. A photocopy of the appropriate soil survey sheet found in the USDA Soil Survey of Montgomery County with location of site identified.

E. A site plan map that shows the location of existing features and proposed improvements on the site including:*

1. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, cleaning, excavation, filling or grading, including off-site borrow areas).*

2. Surface water locations, including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, 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.*

3. The general directions of surface water flow and 100-year floodplain when applicable.

4. All improvements, including buildings, retaining walls, sidewalks, streets, parking lots, driveways, utilities and storm water basins, drainage impoundments, channels and outlets, etc.*

5. An estimate of the impervious area and percent imperviousness created by the earth disturbing activity.*

F. Landscaping and stabilization requirements. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a registered landscape architect or by the Montgomery County Soil and Water Conservation District, and must be approved by the authorized agent prior to receiving a permit.

(2) The items in this section marked with an asterisk (*) are also requirements of the storm water pollution prevention plans (SWP3s) required in the Ohio EPA's NPDES Construction Activity Permit #OHC000002, effective April 21, 2003.

(g) Site Development Plan Submission, Review and Action.

(1) Submission of a site development plan by an applicant seeking approval initiates the review process. The City's authorized agent shall review the site development plan and conduct a site inspection of the proposed site. Review of the site development plan shall be completed within ten business days of submittal.

(2) Following the review, the authorized agent shall:

A. Approve the site development plan;

B. Conditionally approve the site development plan pending additional information and/or the incorporation of required changes; or

C. Require the submission of a SMP based on written findings of the authorized agent.

(Ord. 5973. Passed 2-20-07.)

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