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(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.)
(a) All Erosion and Sediment Kept on Site. Erosion and sedimentation caused by accelerated wind or storm water runoff over the site due to earth disturbing activities shall be stabilized and confined to within the boundaries of the development site.
(b) Discharge of Untreated Storm Water. To the maximum extent practicable the site shall not discharge untreated storm water directly into a receiving body of water.
(c) Structural and Nonstructural Best Management Practices.
(1) Nonstructural storm water management practices shall be used to the maximum extent practicable. Such practices may include, but not be limited to, preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction, and designation of tree preservation areas.
(2) Nonstructural and structural storm water management practices shall be designed in accordance with requirements and standards specified in this chapter and/or by the authorized agent.
(3) Structural and nonstructural storm water management practices shall be placed in easements and recorded on the property deeds on which they are located and shall remain unaltered unless first approved by the City authorized agent.
(4) In designing storm water detention and retention facilities, water quality benefits shall be considered to the maximum extent practicable.
(d) Stream and Wetland Riparian Buffers. The site owner and/or applicant shall leave an undisturbed riparian buffer on both sides of and/or surrounding water resources, except for crossings and other riparian area and wetland impacts approved by the City authorized agent. Buffer width will be determined on a case by case basis using criteria such as floodplain, topography, vegetative cover, canopy cover, and soil types, etc.
(e) Channel Protection. To protect stream channels from degradation a specific channel protection criteria shall be provided as prescribed in the latest edition of Rainwater and Land Development.
(f) Temporary Stabilization of Disturbed Areas and Soil Stockpiles. A temporary vegetative cover shall be established on disturbed areas as specified in Table 1 below.
Table 1: Temporary Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed areas within 50 feet of a stream and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 21 days but less than one year. | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to onset of winter weather. |
(1) Application practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be appropriate for the time of year, site conditions and estimated time of use.
(2) Topsoil removed shall be stored on site and shall be stabilized with quick growing plants or other means, so that it is protected from wind and water erosion. Topsoil shall be maintained in a usable condition for sustaining vegetation and reused on the site.
(g) Permanent Stabilization.
(1) A permanent vegetative cover shall be established on disturbed areas as specified in Table 2 below.
Table 2: Permanent Stabilization
Area requiring permanent stabilization | Time frame to apply erosion controls |
Any area that will lie dormant for 6 months or more. | Within 7 days of the most recent disturbance. |
Any area at final grade. | Within 7 days of reaching final grade within that area. |
(2) The following criteria shall apply to revegetation efforts:
A. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over 90 percent of the seeded area.
B. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
C. Any area of revegetation must exhibit survival of a minimum of 75 percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75 percent survival for one year is achieved.
D. Permanent vegetation shall not be considered established until a ground cover is achieved which is mature enough to control soil erosion and will survive severe weather conditions.
(h) Cut and Fill Slopes. Cut and fill slopes shall be designed, constructed and stabilized in a manner which will minimize erosion. Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions and other applicable factors. If after final grading excessive erosion takes place, additional slope stabilizing measures by the owner, developer or builder will be required until the problem is corrected. The following guidelines are provided to aid in developing an adequate design.
(1) Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
(2) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
(3) Concentrated storm water should not be allowed to flow down cut or fill slopes unless contained within an adequate channel, flume or slope drain structure.
(4) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
(i) Protection of Adjacent Properties/Public Right-of-Ways. Properties, public right-of- ways, and thoroughfares adjacent to the site of an earth disturbing activity shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer at the perimeter of the site, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins, or by a combination of such measures.
(j) Sediment Control Structures.
(1) Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than 14 days. Such structures may include, but are not limited to, silt fences, storm drain inlet protection, sediment basins and diversions or channels which direct runoff to a sediment basin. All sediment control practices must be capable of ponding runoff in order to be considered functional.
(2) Sediment control structures shall be constructed as a first step in grading and be made functional before upslope earth disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched as soon as the installation is complete. Sediment control structures shall be functional throughout the course of earth disturbing activity and until the site is stabilized with permanent vegetation.
(3) Sheet flow runoff from the site shall be intercepted by silt fence or diversions. Silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below.
Table 3: Maximum Drainage Area to Silt Fence
Maximum drainage area (in acres) to 100 linear feet of silt fence | Range of slope for a particular drainage area (percent) |
0.5 | <2% |
0.25 | 2% but < 20% |
0.125 | 20% but < 50% |
(4) Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to ten acres.
(5) Whenever storm water detention is required the storm water runoff from the site shall pass through a sediment basin or other suitable sediment trapping facility before discharge to a receiving water body. The authorized agent(s) may require sediment basins or traps for smaller disturbed areas where deemed necessary.
(k) Stabilization of Waterways and Outlets. All on-site storm water conveyance channels shall be designed and constructed to withstand the expected velocity of flow without erosion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels.
(l) Storm Sewer Inlet Protection. All storm sewer inlets shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(m) Working in or Crossing Waters of the State.
(1) All activities shall be kept out of waters of the State to the extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) shall be restored to its original cross-section and all disturbed area stabilized immediately after in-channel work is completed.
(2) Where a water of the State will be crossed regularly during construction, a temporary stream crossing shall be provided, used for the shortest period practical, removed following site construction, and restored as described above.
(n) Maintenance and Removal of Temporary Measures.
(1) All temporary erosion and sediment control practices shall be maintained and repaired to assure continued performance.
(2) All temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall have the final grade re-established and be permanently stabilized to prevent further erosion and sedimentation.
(o) Control of Construction Site Debris and Wastes. All owners, applicants, contractors and developers shall control wastes such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste on construction sites and shall keep streets and gutters clear of all sediment and debris from the site.
(p) Use, Safety, and Maintenance of Storm Water Practices.
(1) Storm water management practices shall be designed for the ultimate use of the site and function safely and with minimal maintenance.
(2) If an inspection reveals that a control practice is in need of repair or maintenance, with the exception of a sediment settling pond, it must be repaired or maintained within five days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
(q) Inspection of Storm Water Controls. (See Section 1049.07(e) for specific requirements.)
(1) All on-site control practices shall be periodically inspected to ensure proper function and to identify failures. On- and off-site discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
(2) Detailed records of inspections shall be maintained for three years by the developer following the final stabilization of the site.
(r) Accessibility and Easements. (See Section 1049.07(c) for specific requirements.) All permanent storm water management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance.
(s) Status of Standards. The standards identified in this section are general guidelines. Each application shall be reviewed on a case by case basis and some may require additional and more stringent requirements, while others may have individual requirements waived by the authorized agent.
(Ord. 5973. Passed 2-20-07.)
(a) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare a SMP as described in this chapter.
(1) Activities disturbing greater than or equal to one acre, or less than one acre, if part of a larger common plan of development or sale.
(2) Activities that require the extension of public utilities (roadways, water mains, sanitary sewer mains, storm sewers, etc.).
(3) Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement.
(4) Activities that will channelize, straighten, and/or modify a watercourse within the identified 100 year floodplain (studied and unstudied).
(b) SMPs are intended to provide information on all soil erosion and runoff control activities and best management practices (BMPs) to be used and incorporated on the site both during and after site development. This information includes, but is not limited to, site grading, storm water management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth disturbing activities that occur as a result of site development.
(c) Each SMP shall provide site designs that meet the performance standards presented in this chapter and provide practical treatment for both water quality and quantity of storm water from the site as appropriate.
(d) In general, the SMP needs to address:
(1) Erosion and sediment control. Providing measures to insure that earth disturbing activities at the site during and after development will be managed in a manner that will not result in increased erosion and sedimentation from the site resulting in impacts to water quality and that meet the performance standards.
(2) Runoff control. Providing measures to insure that the quantity of surface water runoff from the development site during and after construction will mimic the pre-development conditions and that meet the performance standards.
(e) If a SMP is required, such plan shall specifically include all the following:
(1) The minimum elements required in the site development plan;
(2) The contents of the storm water pollution prevention plan (SWP3) required by the Ohio EPA's NPDES Construction Activity Permit #OHC000002 and incorporated here by reference. This plan may be submitted as developed for the Ohio EPA, in conjunction with the other requirements of this section.
(3) The contents of the Ohio EPA's SWP3 include, but are not limited to:
A. A description of prior land uses at the site.
B. Existing data describing the soils on the site and, if available, the quality of any discharge from the site.
C. A determination of runoff coefficients for both the pre-construction and post construction site conditions.
D. For all large earth-disturbing activities (involving the disturbance of five or more acres of land or will disturb less than five acres, but part of a larger common plan of development or sale which will disturb five or more acres of land), a description of post construction BMP(s) chosen and designed to detain and treat a water quality volume (WQ
V
) equivalent to the volume of runoff from a 0.75-inch rainfall (See Ohio EPA Construction Activity Permit for methodology).
E. For all small earth-disturbing activities (which disturb one or more, but less than five acres of land and is not a part of a larger common plan of development or sale which will disturb five or more acres of land), a description of measures that will be installed during the development process to control pollutants in storm water discharges that will occur after construction operations have been completed.
F. An implementation schedule which describes the sequence of major construction operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion, sediment and storm water management practices or facilities to be employed during each operation of the sequence.
G. 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.
H. A detailed description of the storm water controls to be incorporated and how these meet or exceed the appropriate performance standards presented in this chapter. This shall include the identification of which entity (developer, contractor, owner) is responsible for implementation of each individual control (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization).
I. A detailed maintenance plan that describes procedures (e.g. inspections) needed to ensure the continued performance of control practices. Such plans must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, State, and Federal regulations.
J. A site map that includes:
1. Limits of earth-disturbing activity of the site including associated off- site borrow or spoil areas.
2. Soil types on the site, including locations of unstable or highly erodible soils.
3. Existing and proposed contours. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres.
4. Existing and planned locations of buildings, roads, parking facilities and utilities.
5. The location of all erosion and sediment control practices, including areas likely to require temporary stabilization during site development.
6. Sediment and storm water management basins noting their sediment settling volume and contributing drainage area.
7. Permanent storm water management practices to be used to control pollutants in storm water after construction operations have been completed.
8. Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, including dumpster areas, cement truck washout areas, and vehicle fueling and maintenance.
9. The location of designated construction entrances where vehicles will access the site.
10. The location of any in-stream activities, including stream crossings.
(4) Copies of pertinent notices of intent (NOI), permits, public notices and letters of authorization must be included with SMP submissions. These may include, but are not limited to, Ohio EPA NPDES permits authorizing storm water discharges associated with construction activity, Ohio EPA Phase II Storm Water Permits, Section 401 and 404 Clean Water Act Permits, Ohio EPA Isolated Wetland Permit, and Ohio Dam Safety Law Permits.
(5) Supplemental requirements as provided below.
(f) Storm water discharge to critical areas with sensitive resources (i.e. wetlands, steep slopes, scenic river designation, recharge areas, etc.) may be subject to additional criteria, or may need to utilize or restrict certain storm water practices.
(g) Supplemental Post Construction Requirements.
(1) Determination of post development runoff.
A. Each SMP shall include an evaluation of pre-development conditions together with during, and post-development impacts that quantifies the volume and rate of runoff from the site by subdrainage areas. This evaluation shall be prepared according to methods prescribed in the latest edition of Rainwater and Land Development or other appropriate sources. The evaluation shall:
1. Show delineation and sequence of subdrainage units which comprise the area proposed for development.
2. Indicate the hydraulic length of slope per individual subdrainage unit and the length of the natural or manmade watercourse which accommodates the surface runoff from each subdrainage unit.
3. Indicate within the legend the average percent slope, erosion factor (K) and runoff curve number (CN) per individual subdrainage unit for a 24-hour storm of a one-year frequency.
4. Include a hydrograph for a 24-hour storm of the critical frequency to be controlled as determined below in this chapter and all calculations made pertinent to evaluating the effects of the proposed development on the pre-development runoff conditions of the site.
B. Calculations for the design of storm water management facilities shall demonstrate the following for each subdrainage unit:
1. The peak rate of runoff from the critical storm and all more frequent storms occurring on the site does not exceed the peak rate of runoff from a one year frequency, 24 hour storm occurring on the same site under pre-development conditions.
2. Storms of less frequent occurrence than the critical storm, up to the 100 year storm shall have its peak runoff rates no greater than the peak runoff rates from equivalent storms under pre-development conditions. Consideration of the 1, 2, 5, 10, 25, 50, and 100 year storms in design and construction will be considered meeting this standard.
3. Calculation of a critical storm for each subdrainage unit of the site shall be determined as follows:
a. Calculate by appropriate hydrologic methods, such as the NRCS Technical Release 55, the total volume of runoff from a one-year frequency, 24-hour storm occurring on the development area before, during, and after development.
b. From the volumes determined in a. above, determine the percentage increase in volume of runoff due to the proposed development, and using this percentage, select the 24-hour critical storm from this table:
If the percentage of increase in volume of runoff is (see chart below):
% Equal To or Greater Than | % Less Than | The Critical Storm for Peak Rate Control |
% Equal To or Greater Than | % Less Than | The Critical Storm for Peak Rate Control |
- | 10 | 1 year |
10 | 20 | 2 years |
20 | 50 | 5 years |
50 | 100 | 10 years |
100 | 250 | 25 years |
250 | 500 | 50 years |
500 | - | 100 years |
4. The City's authorized agent shall approve or reject any calculation method based on its technical validity for the given situation.
(2) Off-site storm water control facilities. Exceptions to requiring permanent on-site runoff control on the site may be considered by the City authorized agent provided the applicant can prove that:
A. The intent and standards of this chapter for runoff control can be best achieved by the utilization of off-site storm water control facilities.
B. Runoff from the site can be conveyed to off-site storm water facilities in a manner and by means which satisfies or surpasses the standards of this chapter.
C. The applicant has ownership of or the right to use the off-site facility in question.
(3) Maintenance and repair plan. The design and planning of all storm water management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a storm water management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.
(4) Landscaping plans required. All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation. The applicant must present a detailed plan for management of vegetation at the site after construction is finished, including 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 the Montgomery County Soil and Water Conservation District.
(5) Maintenance easements. The applicant must ensure access to all storm water treatment practices at the site for the purpose of inspection and repair by securing all the maintenance easements needed on a permanent basis. These easements will be recorded with the plan and will remain in effect even with transfer of title to the property.
(6) Maintenance agreement. The applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on- site storm water management measure in accordance with the specifications of this chapter.
(7) Other environmental permits. The applicant shall assure that all other applicable environmental permits have been acquired for the site prior to approval of the final storm water design plan.
(h) Storm Water Management Plan Submission, Review and Action.
(1) The applicant is encouraged to have a pre-submission meeting with the City's authorized agent(s).
(2) Submission of two sets of the SMP and other supporting data required by this regulation to the authorized agent of the City completes the applicant's responsibilities and initiates the review process.
(3) The SMP shall be reviewed by the City authorized agent(s) to:
A. Verify background information furnished by the applicant and evaluate the proposed development in relation to existing site conditions.
B. Assess the SMP in relation to the performance standards and requirements of this chapter.
(4) Upon submission of the SMP the City authorized agent(s) shall complete a review of the SMP within ten business days.
(5) The City authorized agent shall either:
A. Approve the SMP as submitted by the applicant;
B. Conditionally approve the SMP and require the submission of additional and/or revised information by the applicant, in order to fully meet the intent and standards of this chapter; or
C. Disapprove the SMP.
(6) Revisions to conditionally approved SMPs shall be prepared and submitted by the applicant to the City authorized agent(s) for review.
(7) Action by the approval authority and/or the authorized agent(s) approving or disapproving the SMP is a final order for purposes of judicial review.
(i) Construction Inspection.
(1) Notice of construction commencement.
A. The applicant must notify the City authorized agent ten business days in advance before the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by the authorized agent of the City or certified by a professional engineer or their designee who has been approved by the City. All inspections shall be documented and written reports prepared that contain the following information:
1. The date and location of the inspection;
2. Whether construction is in compliance with the approved storm water management plan;
3. Variations from the approved construction specifications; and
4. Any violations that exist.
B. If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the City authorized agent.
(2) As built plans. All applicants are required to submit actual “as built” plans for any storm water management practices located on-site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer. A final inspection by the City authorized agent is required before the release of any performance securities can occur.
(Ord. 5973. Passed 2-20-07.)
(a) Internal Inspections.
(1) All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three years following the final stabilization of the site a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site in compliance with the SMP and identify any incidents of non-compliance.
(b) Ownership and Maintenance of Storm Water Facilities.
(1) In cases where storm water control facilities are proposed on single private properties, the City authorized agent shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the City accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the storm water facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all storm water management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
B. For subdivisions, unless otherwise approved by the City, responsible party(ies) shall be an entity of common ownership (e.g. land/homeowner's association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the land/homeowners association.
C. Prohibit unauthorized alterations of all storm water management facilities.
D. Provide adequate access to all storm water management facilities for inspection by the City authorized agent(s) and corrective actions by the owner.
(4) All storm water management facility easements shall be on the final plat, prior to approval by the City, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit two sets of as-builts of all storm water facilities and improvements to the City.
(6) The City authorized agent may require the owner and/or the applicant to follow the maintenance procedure outlined in Ohio R.C. 6131.63. The City authorized agent may require of the owner and/or applicant any one or all of the following prerequisites:
A. Benefit two or more property owners.
B. Are designed for cost effective maintenance.
C. Are determined by the City authorized agent to be appropriate additions to this jurisdiction's existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the authorized agent(s) prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the authorized agent(s) drainage easements shall be no less than 20 feet wide, plus the width of the storm water facility(ies).
C. Unless otherwise required by the authorized agent(s), storm water management facilities, including basin, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (land/homeowners association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction - “Any lot area reserved for drainage purposes, shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the City of Miamisburg authorized agent. Maintenance of the drainage easement area, storm water control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located.”
(c) Maintenance Easement.
(1) Prior to the issuance of any permit that has a storm water management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the storm water management facility.
(2) The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter.
(3) The easement agreement shall be recorded by the City in the land records.
(d) Maintenance Agreements.
(1) Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the City and recorded into the land record prior to final plan approval.
(2) All storm water management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include: removal of silt, litter and other debris from all catch basins, inlets and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.
(3) As part of the agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The agreement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts.
(4) The City, in lieu of a maintenance agreement, may accept dedication of any existing or future storm water management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(e) Inspection of Storm Water Facilities.
(1) The City authorized agent will establish an inspection program based on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of State or Federal water or sediment quality standards or the NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws.
(2) Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices.
(3) Right-of-entry for inspection. When any new drainage control facility is installed on private property, or when any new connection is made between private property and municipal separate storm sewer system (MS4), the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
(f) Records of Installation and Maintenance Activities. Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request.
(g) Failure to Maintain Practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the City authorized agent shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have ten business days to affect maintenance and repair of the facility in an approved manner. After proper notice, the City may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.
(Ord. 5973. Passed 2-20-07.)
(a) Performance Liability. No provision of this chapter shall limit, increase or otherwise affect the liabilities of the applicant nor impose any liability upon the City not otherwise imposed by law.
(b) No Release From Other Requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other Federal, State, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
(c) Proceeding with Activity. Soil disturbing activities regulated under this regulation shall not begin until all necessary State and Federal permits and appropriate approvals of site development plans or storm water management plans have been granted to the site owner/ applicant.
(d) Performance Responsibility. The applicant is responsible for carrying out all provisions of the approved SDP or SMP and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the City authorized agent(s) to ensure compliance with the approved SDP or SMP.
(2) After each inspection a status report shall be prepared and distributed to the appropriate person(s).
(3) If it is found that the operations are being conducted in violation of the approved SDP or SMP, a stop work order may be issued until the identified violations cease.
(4) After the issuance of a stop-work order, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the City authorized agent to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the City authorized agent.
(5) Following the issuance of a stop work order, the City authorized agent shall determine if and when the development may proceed. Any determination by the authorized agent pursuant to this section is a final order for purposes of judicial review.
(f) Stop Work Orders. Persons receiving a stop work order will be required to halt all construction activities. This “stop work order” will be in effect until the City authorized agent confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(g) Penalties Subsequent to Issuance of Stop Work Order. Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
(1) If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the subdivision regulations of the City shall apply.
(2) The authorized agent(s) on behalf of the City may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
(3) The authorized agent(s) may request the City Prosecutor to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines or any other relief the court determines.
(h) Schedule of Fees. The City shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(i) Complaints. The City authorized agent(s) shall investigate any complaint related to earth disturbing activities covered by this chapter.
(j) Violations.
(1) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this chapter or in violation of any approval permit granted under this chapter.
(2) Notice of violation. When the City determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:
A. The name and address of the owner or applicant;
B. The address when available or a description of the building, structure or land upon which the violation is occurring;
C. A statement specifying the nature of the violation;
D. A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
E. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
F. A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen days of service of notice of violation.
(k) Penalties.
(1) Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
(2) Upon notice from the City and/or its authorized agent, that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is deemed necessary for the public safety or the public interest, the City authorized agent may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the City, by or through the City Prosecutor, from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the authorized agent(s).
(l) Restoration of Lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(m) Holds on Occupancy Permits. Occupancy permits will not be granted until corrections to all storm water practices have been made and accepted by the City authorized agent.
(Ord. 5973. Passed 2-20-07.)