1321.08 PERFORMANCE STANDARDS.
   (a)   To control sediment pollution of water resources, the owner or operator shall adhere to the following planning and best management practices as specified in the most current edition of Rainwater and Land Development, where applicable:
      (1)   Timing of sediment trapping practices.
         A.   Sediment control practices shall be functional throughout all phases of up slope soil disturbing activities.
         B.   Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented as the first step of grading within seven (7) days from the start of grubbing.  They shall continue to function until the up slope development area is permanently restabilized.
      (2)   Clearing and Grubbing: Clearing and grubbing will be done in two (2) or more phases.  The first phase will include only those locations necessary to install the perimeter soil erosion and sediment control, and storm water control practices.  After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue. 
      (3)   Stabilization of Denuded Areas & Soil Stockpiles:  Permanent or temporary soil stabilization shall be applied as described below.  Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the Community Engineer, covers eighty percent (80%) or more of the soil surface, provides adequate cover, and is mature enough to control soil erosion and to survive adverse weather conditions. 
         A.   Denuded areas shall be stabilized within seven (7) days if they are to remain inactive for more than thirty (30) days. This stabilization shall be permanent if the denuded area has reached final grade.
         B.   Disturbed areas within fifty (50) feet of any water resource or wetland shall be stabilized within two (2) days of disturbance if these disturbed areas will remain inactive for fourteen (14) days or longer.
         C.   Soil stockpiles shall be stabilized within seven (7) days of disturbances if these areas will remain inactive for thirty (30) days or longer.
      (4)   Settling Ponds: Storm water runoff from denuded areas flowing at rates which exceed the design capacity of sediment barriers shall pass through a sediment settling facility.  When designing sediment settling facilities, the following shall apply:
         A.   The facility’s storage capacity shall be no less than sixty-seven (67) cubic yards per acre of total drainage area.
         B.   Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment laden water.  The ideal drawdown time is from three (3) to four (4) days or seventy-two (72) to ninety-six (96) hours.
      (5)   Sediment Barriers: Sheet and rill runoff from denuded areas shall be diverted to a settling pond or treated by a geotextile silt fence or other approved sediment barrier.  The total runoff flow treated by a sediment barrier shall not exceed the design capacity of that sediment barrier.
      (6)   Storm Sewer Protection:  All storm sewer inlets which accept water runoff from the development area shall be protected so that sediment laden water will not enter the storm sewer.  In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all upslope areas reach final stabilization, as determined by the Community Engineer.  The owner or operator shall be required to hydraulically clean the storm sewers after the end of this period to the satisfaction of the Community Engineer.
      (7)   Working in or Crossing Water Resources:  Construction vehicles shall avoid water resources and their setback areas. If a drainage way must be crossed by construction vehicles repeatedly during construction, an approved temporary stream crossing shall be constructed.  Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources in such a manner that it may slough, slip, or erode.
      (8)   Construction Access Routes.
         A.   Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls or onto public roads. Gravel construction access drives shall be implemented as appropriate or as required by the Community Engineer.
         B.   Soil shall be removed from paved surfaces and/or public roads at the end of each day in such a manner that does not create off-site sedimentation in order to ensure safety and abate off-site soil loss. Collected sediments shall be placed in a stable location on site or taken off-site to a stable location.
      (9)   Sloughing and Dumping.
         A.   No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing has been authorized by the Community, and where applicable, the U.S. Army Corps of Engineers and the OEPA, for such purposes as, but not limited to, constructing bridges, culverts, and erosion control measures.
         B.   Soils prone to slipping, landsliding, or other instability, as determined by the Lake County Soil Survey, shall not be graded, excavated, filled, or have loads imposed upon them, unless the work is done in accordance with a qualified professional engineer’s recommendation to correct, eliminate, or adequately address the problems caused by the soil characteristics.
      (10)   Cut and Fill Slopes:  Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, groundwater conditions, and slope stabilization.
      (11)   Stabilization of Outfalls and Channels:  Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, ten year frequency storm without eroding.
      (12)   Disposition of Temporary Practices:  All temporary erosion and sediment control practices shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise authorized by the Community Engineer.  Trapped sediment shall be permanently stabilized to prevent further erosion.
      (13)   Control of Materials and Debris:  Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the Community’s water resources.  These practices shall include but are not limited to the following:
         A.   A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, or gypsum.
         B.   The washing of excess concrete material into a street, catch basin, or other public facility or natural resource shall not occur.  A designated area for concrete washout shall be made available.
         C.   All fuel tanks and drums shall be stored in a marked storage area.  A dike shall be constructed around this storage area with a minimum capacity equal to one hundred ten percent (110%) of the volume of the largest container in the storage area.
         D.   Any toxic or hazardous waste shall be disposed of in accordance with applicable laws and permits.
         E.   Contaminated soils from redevelopment sites shall be disposed of in accordance with applicable laws and permits.  Runoff from contaminated sites shall not be discharged from the site.  Proper permits shall be obtained for development projects on solid waste landfill sites.     
      (14)   Pre-Winter Stabilization:  If the development area is, or is planned, to remain active through the winter months, a Pre-Winter Stabilization Meeting shall be held by the owner or operator, and the developer, engineer, and contractor of the project with the Community prior to October 1, in order to plan and approve winter erosion and sediment control as defined in the most current edition of Rainwater and Land Development.
      (15)   Maintenance:  All temporary and permanent erosion and sediment control practices shall be:
         A.   Designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function.  The person or entity responsible for the continued physical and financial maintenance of permanent erosion control measures shall be identified to the satisfaction of the Community.
         B.   Inspected by the owner or person responsible for the development area once every seven (7) days and within twenty-four (24) hours of a 0.5" or greater rainfall event.  A written log of these inspections and any subsequent improvements to controls shall be kept on site and a copy sent to the Community Zoning Inspector. The inspections shall include the date of the inspection, the name of the inspector, weather conditions, the actions taken to correct problems, and the date actions were taken.
      (16)   Underground Utility Construction:  Trenches for underground utility lines and pipes shall be temporarily stabilized within seven (7) days if they are to remain inactive for thirty (30) days. Trench de-watering devices shall discharge in a manner that filters soil-laden water before discharging it to a receiving drainage.
   (b)   To control increases in storm water runoff peaks and volumes and non-point source pollutants, the following practices are required when determined necessary by the Community Engineer in order to promote the intent and scope of this regulation:
      (1)   Retarding flow velocities by increasing friction through grassed road ditches, rather than paved street gutters, discharging roof water to vegetated areas or grass and rock lined channels, or other measures.
      (2)   Grading and use of grade control structures to provide a level of control in flow paths and stream gradients.
      (3)   Inducing infiltration of increased storm water runoff into soils where practice through construction of infiltration areas where soils are suitable, retaining top soil for all areas to be vegetated, providing good infiltration areas with proper emergency overflow facilities, and other measures.
      (4)   Providing detention and retention through permanent ponds and lakes with storm water basins with proper drainage, multiple use areas for storm water detention and creation, wildlife, and other measures.
         (Ord.  02-30.  Passed 8-1-02.)