1367.09 STORM WATER CONTROL PLAN.
   A Storm Water Control Plan required by this regulation shall contain the following information:
   (a)   Soil Erosion and Sediment Control: the plan shall include 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 impact to water quality and that meet the standards set forth in Section 1367.10.
   (b)   Post-Construction Water Quality and Quantity Control: the plan shall include measures to insure that the peak discharge rate of surface water runoff from the development site during and after construction will be at or below the pre-development peak discharge rate and to insure pollutants are reduced to the maximum extent possible. The plan shall meet the standards set forth in Section 1367.11 and 1367.12 for post-construction water quality control.
   (c)   Preparation of Plans: All Storm Water Control Plans shall be prepared by a Professional Engineer experienced in the design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction.
   (d)   Applicable Design Standards: With the exception of riparian and wetland setback requirements, the BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to the City Engineer.
   (e)   Compliance with Riparian and Wetland Setback Requirements: The plan must make use of the practices that preserve the existing natural condition as much as feasible. At a minimum, the plan must demonstrate that the applicant meets the requirements set forth in the City of Middleburg Heights ordinance titled Riparian and Wetland Setbacks, Chapter 1363. The Storm Water Control Plan shall contain a description of how the development or re-development project meets the requirements for Riparian and/or Wetland Setbacks, as set forth in Section 1363.01 through 1363.17.
   (f)   Contents of Storm Water Control Plans: Shall include the Storm Water Pollution Prevention Plan (SWP3) required by either an individual NPDES Construction Activity Permit or Ohio EPA's NPDES Construction Activity Permit #OHC000002 (or #OHC000003 if finalized by Ohio EPA) and incorporated here by reference (a copy of the general permit is available from the Service Department). In meeting the requirements for a Storm Water Control Plan, the SWP3 plan may be submitted as developed for Ohio EPA and which meets the requirements of Ohio EPA. If any of the provisions of Sections 1367.10 or 1367.11 conflicts with the mandatory requirements set forth in the final applicable Ohio EPA NPDES Construction Activity Permit, the standards set forth in the Ohio EPA NPDES Construction Activity Permit shall control. Proof of compliance with the applicable Ohio EPA General Storm Water NPDES permit is required and can be met by submitting a copy of the NPDES General Storm Water Permit Notice of Intent; the NPDES General Storm Water Permit Number; and/or the Ohio EPA Director's Acceptance Letter for the NPDES General Storm Water Permit.
In addition to the SWP3 plan, the applicant shall include the supplemental information set forth in Section 1367.12. The contents of the Ohio EPA SWP3 include those requirements set forth in Section 1367.10 pertaining to soil erosion, sediment control and Section 1367.11 pertaining to post-construction water quality control and the following information:
      (1)   A description of the nature and type of construction activity (e.g. residential, shopping mall, highway, etc).
      (2)   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);
      (3)   A calculation of the runoff coefficients for both the pre-construction and post construction site conditions;
      (4)   An estimate of the impervious area and percent imperviousness created by the construction activity;
      (5)   Existing data describing the soil and, if available, the quality of any discharge from the Site, including any potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with construction activities;
      (6)   A description of prior land uses at the site;
      (7)   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;
      (8)   The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water(s) and the 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;
      (9)   For subdivided developments where the Storm Water Control Plan 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;
      (10)   Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants covered by this permit and the best management practices to address pollutants in these storm water discharges;
      (11)   Site map showing:
         A.   Limits of earth-disturbing activity of the site including associated off-site borrow or spoil areas;
         B.   Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils;
         C.   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;
         D.   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 applicant intends to fill or relocate for which the applicant 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 all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development;
         G.   Sediment and storm water management basins noting their sediment settling volume and contributing drainage area;
         H.   Permanent storm water management practices to be used to control pollutants in storm water after construction operations have been completed;
         I.   Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout and vehicle fueling;
         J.   The location of designated construction entrances where the vehicles will access the construction site;
         K.   The location of any in-stream activities including stream crossings.
      (12)   The Storm Water Control Plan must contain a description of the controls appropriate for each construction operation covered by these regulations and the operator(s) must implement such controls. The Storm Water Control Plan must clearly describe, for each major construction activity identified in Section 1367.10(a)(7) the following:
         A.   Appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented; and
         B.   Identification of which contractor is responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain the perimeter controls until final stabilization).
   (g)   Inspection and Maintenance Agreement between the City and the applicant which meets the standards set forth in Section 1367.13 and contains the following information and provisions:
      (1)   Detail drawings that include the location of each storm water management practice. Maintenance plans must be provided for all post-construction best management practices (BMPs).
      (2)   A schedule for regular maintenance for each aspect of the storm water management system to ensure continued performance of that system as is detailed in the Storm Water Control Plan. This schedule may include additional standards, as required by the City Engineer, to ensure continued performance of the storm water management practices.
      (3)   Identification of the person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development project.
      (4)   The Plan will identify the person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent storm water conveyance and storage structures and other conservation practices.
      (5)   The method of ensuring that funding will be available to conduct the long term maintenance and inspections of all permanent storm water, soil erosion and sediment control and water quality practices will be identified.
      (6)   Identification of all easements in accordance with Section 1367.13.
      (7)   The Inspection and Maintenance Agreement shall be completed and approved by the City of Middleburg Heights prior to final approval of improvement plans.
         (Ord. 2008-18. Passed 2-26-08.)