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   1353.01 PURPOSE AND SCOPE.
   (a)   The purpose of this regulation 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 will promote and maintain the health and safety of the citizens of City of Ontario:
   (b)   This regulation will:
      (1)   Allow development while minimizing increases in erosion and sedimentation.
      (2)   Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.
   (c)   This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential 2 projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1353.01(d).
   (d)   This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 22-21. Passed 3-16-22.)
   1353.02 DEFINITIONS.
   For purpose of this regulation, the following terms shall have the meaning herein indicated:
   (a)   ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
   (b)   ACRE: A measurement of area equaling 43,560 square feet.
   (c)   ADMINISTRATOR: The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.
   (d)   BEST MANAGEMENT PRACTICES (BMPs): Also STORMWATER CONTROL MEASURE (SCM). 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. 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.
   (e)   COMMENCEMENT OF CONSTRUCTION: The initial disturbance of soils associated with clearing, grubbing, grading, placement of fill, or excavating activities or other construction activities.
   (f)   CITY ENGINEER: Throughout this regulation, this shall refer to the engineer hired by the City of Ontario whether as an employee or consultant to act as the City's engineering representative or the engineer's designated representative.
   (g)   CITY OF ONTARIO: Throughout this regulation, this shall refer to City of Ontario, its designated representatives, boards, or commissions.
   (h)   COMMUNITY: Throughout this regulation, this shall refer to the City of Ontario, its designated representatives, boards, or commissions.
   (i)   CONCENTRATED STORMWATER RUNOFF: Any stormwater runoff that flows through a drainage pipe, ditch, diversion, or other discrete conveyance channel.
   (j)   CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this regulation.
   (k)   CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors). Formatted: Indent: Left: 0.63", No bullets or numbering Formatted: Indent: Left: 0.63", No bullets or numbering 3
   (l)   CRITICAL AREA: Any area the disturbance of which would cause soil erosion and sediment runoff and damage to private properties, water courses, storm sewers or public lands due to topography, soil type, hydrology, or proximity to a water course. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.
   (m)   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.
   (n)   DEWATERING VOLUME: See current Ohio Rainwater and Land Development Manual.
   (o)   DISCHARGE: The addition of any pollutant to surface waters of the state from a point source.
   (p)   DISTURBANCE: Any clearing, grading, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.
   (q)   DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.
   (r)   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 of subsurface drains.
   (s)   DRAINAGE WATERSHED: For the purpose of this regulation the total contributing drainage area to a BMP, i.e., the "watershed" directed to the practice. This includes offsite contributing drainage.
   (t)   DRAINAGE WAY: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
   (u)   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.
   (v)   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.
   (w)   FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed. In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion. Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs).
   (x)   GRADING: The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
   (y)   GRUBBING: removing or grinding of roots, stumps and other unwanted material below existing grade.
   (z)   IMPERVIOUS: That which does not allow infiltration.
   (aa)   LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.
   (bb)   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.
   (cc)   MAXIMUM EXTENT PRACTICABLE (MEP): The technology-based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in storm water discharges that was established by the Clean Water Act §402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR 122.34.
   (dd)   MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are: 1. Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including a special district under state law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under Section 208 of the Federal Water Pollution Control Act that discharges into surface waters of the state; and 2. Designed or used for collecting or conveying solely stormwater, 3. Which is not a combined sewer, and 4. Which is not a part of a publicly owned treatment works.
   (ee)   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits and enforcing pretreatment requirements, under sections 307, 402, 318, 405 under the Clean Water Act.
   (ff)   OPERATOR: Any party associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or 2. The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with A Stormwater Pollution Prevention Plan (SWP3) for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions.
   (gg)   OWNER OR OPERATOR: The owner or operator of any "facility or activity" subject to regulation under the NPDES program.
   (hh)   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 5 contiguous lot individually identified by a 'Permanent Parcel Number' assigned by the Richland County Auditor's Office.
   (ii)   PERCENT IMPERVIOUSNESS: The impervious area created divided by the total area of the project site.
   (jj)   PERMANENT STABILIZATION: Establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip rap, and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further disturbance is expected for at least one year.
   (kk)   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.
   (ll)   PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
   (mm)   POINT SOURCE: Any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or the floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
   (nn)   PRE-CONSTRUCTION MEETING: A meeting between the City of Ontario and all principle parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.
   (oo)   PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio.
   (pp)   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 stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of stormwater discharges from the construction activity.
   (qq)   RAINWATER AND LAND DEVELOPMENT: Ohio's standards for stormwater management, land development, and stream protection. The most current edition of these standards shall be used with this regulation.
   (rr)   RIPARIAN AREA: The transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, increase stream shading and enhance wildlife habitat.
   (ss)   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.
   (tt)   RUNOFF COEFFICIENT: The fraction of rainfall that will appear at the conveyance as runoff.
   (uu)   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.
   (vv)   SEDIMENTATION: The deposition or settling of sediment.
   (ww)   SEDIMENT SETTLING POND: A sediment trap, sediment basin or permanent basin that has been temporarily modified for sediment control, as described in the latest edition of Rainwater and Land Development.
   (xx)   SEDIMENT STORAGE VOLUME: See current edition of Rainwater and Land Development.
   (yy)   SETBACK: A designated transition area around water resources that is left in a natural, usually vegetated, state to protect the water resources from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.
   (zz)   SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, 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.
   (aaa)   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). Hereafter referred to as Richland SWCD.
   (bbb)   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.
   (ccc)   STEEP SLOPES: Slopes that are fifteen percent (15%) or greater in grade.
   (ddd)   STORMWATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
   (eee)   STORMWATER: Stormwater runoff, snow melt and surface runoff and drainage.
   (fff)   SUBDIVISIONS, MAJOR AND MINOR: See Ohio Administrative Code 711.001 for definition.
   (ggg)   SURFACE OUTLET: A dewatering device that only draws water from the surface of the water.
   (hhh)   SURFACE WATER OF THE STATE: Also Water Resource or Water Body. Any stream, lake, reservoir, pond, marsh, wetland, or other waterway 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.
   (iii)   TEMPORARY STABILIZATION: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
   (jjj)   TOPSOIL: The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.
   (kkk)   TOTAL MAXIMUM DAILY LOAD: The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water resource or wetland, or water resource or wetland segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standard.
   (lll)   UNSTABLE SOILS: A portion of land that is identified by the city 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.
(mmm)   WATER QUALITY VOLUME (WQv): The volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.
   (nnn)   WATER RESOURCE Also SURFACE WATER OF THE STATE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway 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.
   (ooo)   WATERSHED: The total drainage area contributing runoff to a single point.
   (ppp)   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).
      (Ord. 22-21. Passed 3-16-22.)
   1353.03 DISCLAIMER OF LIABILITY.
   Compliance with the provisions of this regulation shall not 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. 22-21. Passed 3-16-22.)
   1353.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
   (a)   Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.
   (b)   If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
   (c)   This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
   (d)   Failure of the City of Ontario to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the City of Ontario, its officers, employees, or agents being responsible for any condition or damage resulting therefrom. (Ord. 22-21. Passed 3-16-22.)
   1353.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.
   (a)   This regulation requires that a Storm Water Pollution Prevention Plan (SWP3) be developed and implemented for all development subject to the regulation as defined by Section 1353.01(c) for all soil disturbing activities disturbing 20,000 sf or more of total land, or less than 20,000 sf if part of a larger common plan of development or sale disturbing one (1) or more acres of total land. The city engineer may require a SWP3 on other sites disturbing less than 20,000 sf.
   (b)   The following activities may submit an Abbreviated SWP3 in place of the full SWP3:
      (1)   All soil disturbing activities disturbing between 20,000 sf and one (1) acre subject to the discretion of the city engineer.          
         (Ord. 22-21. Passed 3-16-22.)
   1353.06 APPLICATION PROCEDURES.
    (a)   SOIL DISTURBING ACTIVITIES SUBMITTING A STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the SWP3, completed SWP3 Checklist and the applicable fees to the City of Ontario as follows:
      (1)   For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.
       (2)   For other construction projects: Before issuance of a zoning permit by the Zoning Inspector.
      (3)   For general clearing projects: Prior to issuance of a zoning permit by the Zoning Inspector.
   (b)   SOIL DISTURBING ACTIVITIES SUBMITTING AN ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (SWP3): The applicant shall submit two (2) sets of the Abbreviated SWP3, completed Abbreviated SWP3 Checklist and the applicable fees to the City of Ontario as follows:
      (1)   For single-family home construction: Before issuance of a zoning permit by the Zoning Inspector.
      (2)   For other construction projects: Before issuance of a zoning permit by the Zoning Inspector.
      (3)   For general clearing projects: Prior to issuance of a zoning permit by the Zoning Inspector.
   (c)   The city engineer shall review the plans submitted under subsection (a) or (b) hereof for conformance with this regulation 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.
   (d)   Soil disturbing activities shall not begin and zoning permits shall not be issued without
      (1)   Approved SWP3 or Abbreviated SWP3
      (2)   Installation of erosion and sediment controls
   (e)   SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.
   (f)   The developer, engineer and contractor, and other principal parties, shall meet with the city engineer for a Pre-Construction Meeting no less than one (1) day prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas. Pre-Construction Meetings for Abbreviated SWP3s may be waived at the discretion of the city engineer.
   (g)   Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.
(Ord. 22-21. Passed 3-16-22.)
   1353.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
   Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with SWP3s or Abbreviated SWP3s.
   (a)   Ohio EPA NPDES Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
   (b)   Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
   (c)   Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
   (d)   Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
      (1)   A letter from the site owner certifying that a qualified professional has evaluated the site and determined that Section 404 of the Clean Water Act is not applicable, and provide documentation.
      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time an application is made under this regulation.
   (e)   Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
      (Ord. 22-21. Passed 3-16-22.)
   1353.08 STORMWATER POLLUTION PREVENTION PLAN (SWP3).
   The applicant shall submit a SWP3 that meets the requirements of the Construction General Permit and the following additional requirements. The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect. The SWP3 shall include control measures to ensure that discharges from the construction site and construction support activities comply with the nonnumeric effluent limitations contained in the Construction General Permit.
   In addition to all information required by the Construction General Permit, the SWP3 shall also include completed design tools found on Ohio EPA's website such as the Sediment Basin Compliance Spreadsheet.
   Before any off-site support areas such as borrow or spoil areas, concrete or asphalt batch plants, equipment staging yards or material storage areas are utilized, a SWP3 for the off-site support area must be submitted and approved by the City Engineer. The applicant shall ensure appropriate permits have been obtained to operate the off-site support area. Failure to do so can lead to enforcement action under Sections 1353.13 and 1353.14 of this code.
   The City Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that 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 City Engineer shall be incorporated in the grading plans and/or other specifications for site development.
   (a)   Data regarding the nature, distribution, strength, and erodibility of existing soils.
   (b)   If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
   (c)   Conclusions and recommendations for grading procedures.
   (d)   Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
   (e)   Design criteria for corrective measures when necessary.
   (f)   Opinions and recommendations covering the stability of the site.
   (g)   Delineations of surface waters of the state located on the site. Affirmation by the U.S. Army Corps of Engineers may be required.
      (Ord. 22-21. Passed 3-16-22.)
   1353.09 PERFORMANCE STANDARDS.
   The SWP3 must contain a description of the controls appropriate for each construction operation and the applicant must implement such controls. The SWP3 must contain a description of the controls appropriate fifteen (15) for each stage of construction operation and the applicant must implement such controls. BMP selection and design must meet criteria established within the current Construction General Permit. BMPs must be designed, constructed, and installed to meet the specifications in Rainwater and Land Development or another design manual acceptable to the City of Ontario. The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented, and maintained according to the requirements in the Construction General Permit. Site operators must conduct site inspections as described in the Construction General Permit. Certified inspection reports shall be submitted to the City Engineer within seven (7) working days from the inspection and retained at the development site.
   The following standards will also apply:
   (a)   BMPs must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These BMPs must include, but are not limited to, the following:
      (1)   Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than two inches (2") in diameter placed over a geotextile. Culverts shall be provided where construction entrances cross drainage ditches and water bars shall be provided to divert sediment-laden runoff away from connected roadways.
      (2)   Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off site. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly and protected from sediment-laden runoff, if feasible without posing a public safety hazard.
      (3)   Based on site conditions, the City of Ontario Engineer and/or the Richland County SWCD may require additional best management practices to control off site tracking and dust. These additional BMPs may include:
         A.   Fencing shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
         B.   Applicants shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The City of Ontario Engineer and/or the Richland County SWCD may require dust controls including the use of water trucks to wet disturbed areas, tarping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
   (b)   Construction Vehicles Shall Avoid Water Resources. If it is infeasible to provide and maintain an undisturbed natural buffer around water resources, the SWP3 shall comply with all the following additional requirements:
      (1)   All stream crossings shall be designed as specified in the most recent edition of Rainwater and Land Development.
      (2)   Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.
      (3)   Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.
      (4)   Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.
   (c)   For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer, engineer and contractor of the project and the City of Ontario prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current online edition of Rainwater and Land Development.
      (Ord. 22-21. Passed 3-16-22.)
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