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(a) The purpose of these regulations is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources and wetlands, and will promote and maintain the health and safety of the citizens of Obetz.
(b) These regulations will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(c) This regulation applies to all parcels within the jurisdiction of the Village of Obetz used or being developed, either wholly or partially, for new or relocated projects involving earth and land disturbing activities for highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1164.01(d) below.
(d) This Chapter does not apply to the following:
(1) Activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules located in the Ohio Administrative Code;
(2) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work;
(3) Individual service connection;
(4) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk (provided the land-disturbing activity is confined to the area of the road, street or sidewalk that is hard surfaced), and does not involve dewatering operations that produce sediment-laden effluent discharging to surface-lands and/or surface-waters;
(5) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system;
(6) Repair or rebuilding of the tracks within the right-of-way of a railroad company;
(7) Emergency work to protect life, limb or property and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the Village.
(Ord. 37-10. Passed 12-13-10.)
(a) All development activity subject to these regulations shall be provided with erosion and sediment control (ESC) practices during all phases of construction.
(b) No construction activity such as grading, cutting, or filling shall be commenced until erosion and sedimentation control devices have been installed to the satisfaction of the Village Engineer. When there is phased construction using non structural BMPs, the ESP must document the non structural BMPs being used.
(c) Stormwater discharges during the five-year design storm shall be released to natural channels at a non-erosive velocity of less than three feet per second unless the channel is stabilized or otherwise able to withstand higher velocities, as determined by the Village Engineer.
(d) No person shall cause or allow earth-disturbing activities on a development area except in compliance with the standards set out in this regulation and the applicable items below:
(1) Erosion and Sedimentation Control Plan. An Erosion and Sedimentation Control Plan (ESCP) shall be developed and implemented for all parcels disturbing one (1) acre or more and on which any regulated activity of Section 1164.01(c) is proposed. All parcels closer than fifty (50) feet to a first order stream, wetland, or body of water are required to develop and implement an Erosion and Sedimentation Control Plan regardless of the area disturbed. Development Erosion and Sedimentation Control Plans shall meet the requirements of Section 1164.05.
(2) Rainwater and Land Development Manual. The erosion, sediment, and storm water management practices used to satisfy the conditions of this regulation shall meet the standards and specifications in the current edition of Ohio's Rainwater and Land Development manual or other standards acceptable to the Village Engineer.
(3) Owners and/or operators of projects subject to OEPA's Permit No. OH0000003 or most current version for storm water discharges associated with construction activities shall provide a copy of its OEPA notice of intent (NOI) submission and storm water pollution prevention plan (SWP3) submitted to the OEPA to the Village Engineer upon request.
(e) The standards outlined herein are general guidelines and shall not limit the right of the Village to impose additional, more stringent requirements, nor shall the standards limit the right of the Village to waive individual requirements.
(Ord. 37-10. Passed 12-13-10.)
For purpose of these regulations, the following terms shall have the meaning herein indicated:
(a) Acre: A measurement of area equaling 43,560 square feet.
(b) Best Management Practices (BMPS): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(c) Certified Professional in Erosion and Sediment Control (CPESC): A professional who has met the requirements of and has been certified by CPESC Inc.
(d) Construction Entrance: The permitted points of ingress and egress to development areas regulated under this regulation.
(e) Development Area: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(f) Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(g) Drainage: (1) The area of land contributing surface water to a specific point. (2) The removal of excess surface water or groundwater from land by surface or subsurface drains.
(h) Erosion: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(i) Erosion And Sediment Control: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(j) Final Stabilization: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(k) First Order Stream: All streams identified on a Unites States Geological Society 7.5-minute topographic map by either a dashed or solid blue line.
(l) Landscape Architect: A Professional Landscape Architect registered in the State of Ohio.
(m) Larger Common Plan Of Development Or Sale: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(n) Maximum Extent Practicable: The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(o) NPDES: National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(p) OEPA: Ohio Environmental Protection Agency.
(q) Ohio EPA NPDES General Construction Permit: A permit issued by the Ohio Environmental Protection Agency to an applicant for the discharge of storm water from sites where construction activity is being conducted with discharges to subsequent receiving waters. (Permit Number OHC000003 or most current version)
(r) Parcel: Means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a parcel number assigned by the Franklin County Auditor's Office.
(s) Person: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(t) Phasing: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(u) Professional Engineer/Surveyor: A professional engineer or surveyor registered in the State of Ohio by the appropriate board.
(v) Qualified Inspection Personnel: A person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.
(w) Rainwater And Land Development Manual: Ohio's standards for storm water management, land development, and urban stream protection issued by the Ohio Department of Natural Resources. The most current edition of these standards shall be used with this regulation.
(x) Runoff: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(y) Sediment: The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(z) Sedimentation: The deposition or settling of sediment.
(aa) Setback: 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. Soil disturbing activities in this area are restricted by this regulation.
(bb) Soil Disturbing Activity: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(cc) Soil Erodibility: The susceptibility of soil to erosion and the amount and rate of runoff, as measured under the standard unit plot condition. Soil erodibility factors are available in the Franklin County Soil Survey.
(dd) Soil & Water Conservation District: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). The Village works with the Franklin County SWCD.
(ee) Stabilization: The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(ff) Stream: A surface water course with a well defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel. (ORC 6105.01)
(gg) Storm Water Pollution Prevention Plan (SWP3 or SWPPP): The written document that sets forth the plans and practices to be used to meet the OEPA's requirements.
(hh) Surface Waters of the State: All streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(ii) Unstable Soils: A portion of land that is identified by the Obetz Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(jj) Village: Throughout this Chapter, this shall refer to the Village of Obetz, its designated representatives, or commissions.
(kk) Water Resource: Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(ll) Wetland: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(mm) Wetland Professional: An individual with training and experience in wetland delineation acceptable to the Army Corp of Engineers.
(Ord. 37-10. Passed 12-13-10.)
(a) Application. The applicant shall submit four (4) sets of the Erosion and Sedimentation Control Plan meeting the requirements of Section 1164.05 as well as a digital copy of the ESCP in a PDF format and the applicable fees as shown on the fee schedule adopted by Council as follows:
(1) For subdivisions: The ESCP shall be submitted after the approval of the preliminary plat and prior to submittal of the final plat.
(2) For single family home construction meeting the criteria of Section 1164.01(c): The ESCP shall be submitted prior to issuance of a building permit.
(3) For non-residential construction projects requiring site plan approval: The ESCP shall be submitted following preliminary site plan approval. The ESCP must be reviewed and approved by the Engineer prior to approval of the Final Site Plan by the Planning and Zoning Commission.
(4) For non-residential construction projects not requiring site plan approval: The ESCP shall be submitted prior to issuance of a Building Permit.
(5) For general clearing projects: Prior to beginning of clearing activities.
(b) Plan review. The Village of Obetz shall review the plans submitted within thirty (30) days of submittal for conformance with these regulations and approve, or return for revisions with comments and recommendations for revisions. A plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised plan. An approved ESCP shall serve as a permit to commence soil disturbing activities following a preconstruction meeting.
(c) Soil disturbing activities. Soil disturbing activities shall not begin and zoning and/or building permits or final plat approvals will not be issued without an approved ESCP.
(d) Pre-construction meeting. A preconstruction meeting must be held with the Village Engineer prior to earthwork activities. The applicant, contractor, and applicant's engineer should be in attendance at the pre-construction meeting.
(e) Approvals. Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval. The Village Engineer may grant a one-time extension not to exceed two (2) years. Requests for an extension must be made in writing on the form provided by the Engineer. If regulations concerning erosion and sediment control or storm water quality change prior to the beginning of active construction, a new ESCP may be required.
(Ord. 37-10. Passed 12-13-10.)
(a) Erosion and Sedimentation Control Plan. The applicant shall submit an Erosion and Sedimentation Control Plan consistent with the requirements of the most recent Ohio EPA NPDES General Construction Permit. For specific requirements of the ESCP, the designer shall refer to the NPDES Ohio General Construction Permit and the Village of Obetz ESCP Check List. The ESCP must address erosion and sediment control practices during construction as well as post construction water quality practices. Post construction practices must meet the requirements of the NPDES Ohio General Construction Permit and the Franklin County Storm Water Management Manual.
(b) Qualifications of preparer. The ESCP shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(c) Rainwater and Land Development Manual. The ESCP shall incorporate measures as recommended by the most current edition of the Rainwater and Land Development Manual as published by the Ohio Department of Natural Resources or other technical manuals approved by the Village Engineer.
(d) Trapping efficiency. All sediment basins and traps must maintain a minimum seventy-five percent (75%) trapping efficiency throughout the construction period. Documentation that discharges are monitored must be provided to the Village for review upon request.
(e) Plan requirements. The ESCP shall at a minimum contain the following. Additional information may be required by the Village Engineer.
(1) Site description: The ESCP shall provide:
A. A description of the nature and type of the construction activity (e.g. residential, commercial, highway, etc.).
B. 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).
C. An estimate of the impervious area and percent of imperviousness created by the soil-disturbing activity including a calculation of pre and post construction runoff coefficients.
D. Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
E. A description of prior land uses at the site.
F. An implementation schedule which describes the sequence of major soil disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.
G. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s).
H. The aerial (plan view) 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.
I. For subdivided developments where the ESCP 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.
J. Location and description of any storm water discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these storm water discharges.
(2) Site map showing:
A. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.
B. Soils types for all areas of the site, including locations of unstable or highly erodible soils.
C. Existing and proposed one-foot (1') contours. This must include 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, existing detention ponds, 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 ponds, including their sediment settling volume and contributing drainage area.
H. 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.
I. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
J. The location of any in-stream activities including stream crossings.
K. The riparian buffer conservation zone as required by Chapter 1704 of the Codified Ordinances shall be shown if applicable.
(3) Best management practices(BMPs). The ESCP must contain a description and location of all appropriate BMPs for each construction operation. The ESCP must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the person(s) responsible for implementation. The time frame for ESCP implementation shall be consistent with the current Ohio EPA NPDES Construction Permit.
(4) Description of restabilization practices. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included. The ESCP must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.
(5) Maintenance. The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure a responsible party and adequate funding to conduct this maintenance.
(c) Soils engineering report. The Village Engineer may require the ESCP to include a Soils Engineering Report if the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Village Engineer shall be incorporated in the grading plans and/or other specifications for site development.
(1) Data regarding the nature, distribution, strength, and erodibility of existing soils.
(2) If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
(3) Conclusions and recommendations for grading procedures.
(4) Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
(5) Design criteria for corrective measures when necessary.
(6) Opinions and recommendations covering the stability of the site.
(Ord. 37-10. Passed 12-13-10.)
(a) Responsibility. ESC Plan approval does not constitute assurance that the proposed BMPs will perform in the manner indicated by the design. The responsibility of the proper functioning operation and maintenance of the BMPs remains with the owner. The owner shall be responsible for providing any additional means or methods necessary to meet the intent of these regulations.
It shall be the responsibility of the site owner to provide notification to the Village 48-hours prior to commencement of initial site earth-disturbance. In addition, the site owner shall provide notification to the Village, at least 48 hours prior to any work within or across a stream channel or a riparian buffer conservation zone. Furthermore, within 45 days after site final stabilization has been achieved, it shall be the responsibility of the site owner to inform the Village Engineer that site activities are complete.
(b) Performance Liability. No provision of this standard shall limit, increase or otherwise affect the liabilities of the developer nor impose any liability upon the Village not otherwise imposed by law.
(c) Ownership and Maintenance. The person(s) or entity responsible for the continued maintenance of temporary and permanent erosion control measures shall, prior to any earth -disturbance, be identified to the satisfaction of the Village. This party, both during and after site development, shall be responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control plan and required by this standard.
(2) Promptly removing all soil, miscellaneous debris and other materials that may become spilled, dumped or otherwise deposited on any public thoroughfares during transport to and from the development site, and taking precautions to inhibit the deposition of sediment into any sewer system or natural watercourse.
(3) In addition, the developer shall assume responsibility and all costs for removing any sedimentation deposited in downstream drainage ways or facilities deemed objectionable by the Village to the proper functioning of these downstream areas.
(4) The applicant shall provide a description of maintenance procedures needed to ensure the continued performance of control practices and shall ensure the responsible party has adequate funding to conduct maintenance activities as deemed necessary.
(5) All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. All sediment control practices shall be maintained in a functional condition until all up slope areas they control reach final stabilization. Final stabilization shall be determined by the Village Engineer.
(6) The applicant shall inform all contractors and subcontractors not otherwise defined as "operators" as defined in the Ohio EPA's NPDES Permit, who will be involved in the implementation of the ESCP of the terms and conditions of the ESCP. The applicant shall maintain a written document containing the signatures of all contractors and subcontractors involved in the implementation of the ESCP as proof acknowledging that they have reviewed and understand the conditions and responsibilities of the ESCP. The written document shall be created and signatures shall be obtained prior to commencement of work on the construction site. Any contractors or subcontractors hired after the original signatures are obtained are also required to sign the document prior to starting work on the site. A copy of the written document with signatures hall be provided to the Village Engineer prior to commencing with the project and after any new signatures are obtained.
(d) Inspection and Enforcement.
(1) General inspection requirements.
A. The Village Engineer may inspect all site development activities, including erosion and sediment control devices and facilities while a development site, when subject to this regulation, is under construction. When facilities are not constructed according to approved plans, the Village Engineer has the explicit authority to compel compliance with the approved plan and the objectives and standards of this regulation.
B. A copy of the approved erosion and sediment control plan shall be maintained on site, or in a location easily accessible by the applicant and the Village's inspector.
(2) Enforcement procedures.
A. Erosion and sediment control practices for construction sites shall be inspected periodically by the Village to ensure they are being properly maintained and, if not, the Village may compel the owners to make the necessary repairs at the expense of the owner.
B. When practices require repair or maintenance: If an internal 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 with three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
C. When practices fail to provide their intended function: If an internal inspection reveals that a control practice fails to perform its intended function as detailed in the ESC plan and that another, more appropriate control practice is required, the plan must be amended and the new control practice must be installed within ten days of the inspection.
D. When practices depicted on the ESC plan are not installed: If an internal inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented with ten days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(3) Applicant inspections required.
A. At a minimum, 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 owner shall assign qualified inspection personnel (those with knowledge and experience in the installation and maintenance of sediment and erosion controls) to conduct these inspections to ensure that the control practices are functional and to evaluate whether the ESC Plan is adequate and properly implemented in accordance with the proposed permit schedule or whether additional control measures are required. Internal inspections and documentation of corrective actions taken must be made available upon request.
B. Disturbed areas used for storage of materials exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the drainage system.
C. Erosion and sediment control measures identified in the approved erosion and sediment control plan shall be observed to ensure proper operation.
D. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
E. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(2) Final site inspection. Prior to the final site inspection by the Village, the developer's engineer shall provide the site grading plan documenting the intended site final grades.
(Ord. 37-10. Passed 12-13-10.)
Neither approval of a plan submitted under the provisions of these regulations nor compliance with the provisions of these regulations shall relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(Ord. 37-10. Passed 12-13-10.)
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