(a) Purpose. The intent of this regulation is to establish consistent technically feasible and operationally practical standards to achieve a level of storm water management, and erosion and sediment control that will minimize damage to public and private property and the degradation of water resources, and will promote and maintain the health, safety, and welfare of the residents of the City of Ravenna.
This regulation further intends, but is not limited, to:
(1) Allow development while minimizing increases in downstream flooding, erosion, and sedimentation.
(2) Reduce damage to receiving water resources and drainage systems that are caused by new development or redevelopment activities.
(3) Control storm water runoff resulting from soil disturbing activities.
(4) Assure that development site owners control the volume and rate of storm water runoff originating from their property so that surface water and ground water are protected, soil erosion is controlled, and flooding potential is not increased.
(5) Preserve to the maximum extent practicable the natural drainage characteristics of the building site and minimize the need to construct, repair, and replace enclosed storm drain systems.
(6) Preserve to the maximum extent practicable natural infiltration and groundwater recharge, and maintain subsurface flow that replenishes water resources, wetlands, and wells.
(7) Assure that storm water controls are incorporated into site planning and design at the earliest possible stage.
(8) Prevent unnecessary stripping of vegetation and loss of soil, especially adjacent to water resources and wetlands.
(9) Reduce the need for costly maintenance and repairs to roads, embankments, sewage systems, ditches, water resources, wetlands, and storm water management practices that are the result of inadequate soil erosion, sediment and storm water control.
(10) Reduce the long-term expense of remedial projects needed to address problems caused by inadequate storm water, erosion and sediment control.
(11) Require the construction of storm water management practices that serve multiple purposes including flood control, soil erosion and sediment control, and require water quality protection; and encourage such practices that promote recreation and habitat preservation.
(12) Ensure that all storm water management, soil erosion and sediment control practices are properly designed, constructed, and maintained.
(b) Disclaimer of Liability. Neither submission of a plan under the provisions herein, nor compliance with the provisions of these regulations, shall relieve any person or entity from responsibility for damage to any person or property that is otherwise imposed by law.
(c) Conflicts, Severability, Nuisances and Responsibility.
(1) Where this ordinance imposes a greater restriction upon land than is imposed or required by other City of Ravenna provisions of law, ordinance, contract or deed, the provisions of this section shall prevail.
(2) If a court of competent jurisdiction declares any clause, section, or provision of these regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby.
(3) These regulations shall not be construed as authorizing any person to maintain a private or public nuisance on their property. Compliance with the provisions of this regulation shall not be a defense in any action to abate such nuisance.
(4) Failure of the City of Ravenna to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the owner from the responsibility for the condition or damage resulting there from, and shall not result in the City of Ravenna, its officers, employees, or agents being responsible for any condition or damage resulting there from.
(d) Effective Date. This section and its regulations shall become effective upon their passage.
(e) Scope.
(1) This section applies to all developments, unless specifically exempted, that have a larger common plan of development equal to or larger than one (1) acre in size of disturbed area.
(2) Applicants for non-commercial sites with less than five (5) acres of disturbed area should contact the City of Ravenna prior to Storm Water Pollution Prevention Plan (SWP3) submittal. The City of Ravenna reserves the right to waive or amend, in writing, individual SWP3 submission requirements for such sites.
(3) This section does not apply to:
A. Land disturbing activities related to producing agricultural crops or Silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (1501: 15-3-01 to 1501: 15-3-09 of the Ohio Administrative Code) and existing at the time of passage of this regulation.
B. Coal surface mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
C. Other surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
(f) Storm Water Pollution Prevention Plan. In order to control storm water damage and pollution of water resources, wetlands, riparian areas, and other natural areas, the owner of each development area shall be responsible for developing a comprehensive Storm Water Pollution Prevention Plan (SWP3). The SWP3 must address all minimum components of the current Ohio EPA NPDES Construction General Permit and conform to the specifications of the current edition of the Ohio Rain Water and Land Development Manual. The SWP3 must make use of the practices that preserve the existing natural condition to the maximum extent practicable.
(1) Narrative Description of Site.
A. A description of the nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.).
B. A description of the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).
C. A description of the prior land uses of the site.
D. An estimate of the impervious area and percent imperviousness created by the construction activity.
E. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located.
F. All pertinent permit information, including but not limited to NPDES and wetland permit numbers.
G. A description of the overall erosion and sediment control and water quality scheme for the site.
(2) Vicinity Map: Location map showing the larger common plan of development or sale in relation to surrounding area. Include location of receiving streams, wetlands and other surface waters.
(3) Clearing Limits & Grading Plan: Indicate limits and show acreage of earth disturbing activity, including excavations, filling, grading, and clearing of all areas and sublots. The entire sublot area shall be included. Show all borrow, spoil, and topsoil stockpile areas. Include existing and proposed topography shown in one (1) foot contours. Delineate drainage watersheds before, during and after major grading activities indicating the acreage of each area. Drainage maps for both pre- construction and post-construction conditions must also include flow paths used to determine time of concentration.
(4) Existing Development: Show locations of all prior land uses, existing and proposed buildings, roads, utilities, parking facilities, etc.
(5) Natural Feature & Surface Water Location: All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
A. Boundaries of wetlands and stream channels the owner intends to fill or relocate for which the applicant is seeking approval from the US Army Corps of Engineers and/or Ohio EPA. Wetland permit number(s) must be indicated on the cover page of the engineering drawings.
B. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank). The wetland class, as determined by the Ohio Rapid Assessment Method (ORAM), must be included.
C. Conservation Easements.
D. Other sensitive natural features including, but not limited to, steep slopes and designated naturals areas.
(6) Soils Information: The types of soils within, or affected by, the development area, and the location of all highly erodible or unstable soils as determined by the most current edition of the Natural Resources Conservation Service (NRCS) soil survey of the county. An onsite, detailed Soils Engineering Report must be included if required by the City of Ravenna.
(7) Storm Water Runoff Considerations: Show the pre- and post-construction runoff coefficients including information such as the method used to calculate runoff. Include a narrative describing post-construction storm water management BMPs, the rationale for their selection, and long-term maintenance provisions. Refer to Ohio EPA NPDES Construction General Permit.
(8) Best Management Practices (BMPs): Show locations of all structural and non- structural erosion and sediment control, storm water management and post- construction water quality best management practices (BMPs). All structural and nonstructural BMPs must be drawn to scale. The size, detail drawings, maintenance requirements and design calculations for all BMPs shall also be included. Settling ponds will be identified with basic dimensions and the calculations for size and volume.
(9) Schedule of Construction Activity: An implementation schedule which describes the sequence of major construction operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the installation of erosion, sediment and storm water management practices or facilities to be employed during each operation of the sequence.
(10) Sediment Trap Efficiency: All sediment basins and traps must maintain a minimum 75% trapping efficiency throughout the construction period as determined by engineering calculations.
(11) Off-Site Sediment Tracking: Minimize such tracking of sediments by vehicles by using gravel construction entrances and regularly-scheduled street sweeping. Show location of construction entrances and maintenance schedules for sweeping, if applicable.
(12) Individual Lots: For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detail drawing of a project specific typical individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.
(13) Maintenance & Inspections: For the construction phase of the development, include maintenance inspection requirements and schedules for all BMPs. For the post-construction phase of the development, include long-term maintenance requirements, appropriate legal agreements and/or easements, and schedules of all BMPs.
(14) Post-Construction Storm Water Quality: Storm water released from any part of a small development site of one (1) acre or greater but less than five (5) acres shall implement post construction Best Management Practices (BMPs). Structural post construction BMP methods and design parameters shall be commensurate with the impacts on the watershed and follow the current version of the State of Ohio's Rainwater and Land Development manual. A descripton of the measures that will be installed during the construction process to control pollutants in Storm Water Discharges that will occur after construction operation has been completed must be included in the (SWP3) for review and approval.
Storm Water released from any part of a large Development site of five (5) or more acres or will disturb less than five (5) acres, but is a part of a larger common plan of Development or sale which will disturb five (5) more acres of land, shall provide BMPs for water quality that capture and treat the Water quality volume. Refer to Ohio EPA NPDES Construction General Permit for design methodology.
A. The post-construction storm water quality component of the SWP3 must also include a long-term maintenance agreement, maintenance schedule, responsible party, and a funding mechanism to ensure the long-term function of the water quality structures, easements, and practices.
B. If the responsible party for the site fails to follow the maintenance agreement and schedule, the City of Ravenna reserves the right to perform the maintenance and assess the property owners.
(15) Compliance With Other Rules & Regulations:
A. NPDES Permits: The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits, issued by the Ohio EPA, shall be followed. Proof of compliance shall be, but is not limited to, a copy of the Ohio EPA NPDES Permit number or a letter from the site owner explaining why the NPDES Permit is not applicable. The written proof must be submitted with the SWP3.
B. Federal And State Wetland Permits: The provisions of the U.S. Army Corps of Engineers dredge and fill permits for federally-protected wetlands shall be followed. The provisions of Ohio EPA's Isolated Wetlands Permits shall also be followed. Wetlands and other waters of the United States shall be delineated on the entire site by protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of the application of these regulations. Written proof of compliance with both permit programs must be submitted with the SWP3.
Proof of compliance shall be, but is not limited to, the following:
1. A copy of the permit(s), if required for the project, showing project approval and any restrictions that apply to site activities; or
2. A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable permit; or
3. A letter from the applicant verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States; or
4. A letter of "no impact", or equivalent, from the permitting agency.
C. Ohio Dam Safety Laws: The provisions of the Ohio Dam Safety Laws shall be followed. Proof of compliance with the Ohio Dam Safety Law administered by the ODNR Division of Water shall be, but is not limited to, a copy of the ODNR Division of Water permit number or a copy of the project approval letter from the ODNR Division of Water or a letter from the site owner explaining why the Ohio Dam Safety Law is not applicable. The written proof must be submitted with the SWP3.
(g) Performance Standards. The SWP3 must contain a description, location and sequence of all BMPs for each construction operation. Within seven (7) days of the start of clearing and grubbing the applicant must implement such controls. All BMPs must meet the criteria in the Ohio EPA Construction General Permit, NRCS Field Office Technical Guide, or the Ohio Rainwater and Land Development Manual, whichever is most stringent. No project subject to this regulation shall commence without a SWP3 approved by the City of Ravenna. No project subject to this regulation shall commence without a pre-construction meeting being held with the City of Ravenna. It is the responsibility of the developer or landowner to contact the City of Ravenna to arrange this meeting. The controls shall include the following minimum components:
(1) During active construction.
A. NON-STRUCTURAL PRESERVATION MEASURES: The applicant must make use of practices that preserve the existing natural conditions to the maximum extent practicable. Such practices may include: maintaining wetland and riparian setbacks, preserving existing vegetation and vegetative buffer strips, phasing of construction operations to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing and grubbing practices.
B. EROSION CONTROL PRACTICES: The applicant must make use of erosion controls that are capable of providing cover over disturbed soils. A description of practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 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 activities, and alternative groundcover.
C. SEDIMENT CONTROL PRACTICES: The applicant must install structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than fourteen (14) days. Control practices shall be installed prior to grading and within seven (7) days from the start of grubbing. Practices may include: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.
D. RUNOFF CONTROL PRACTICES: The applicant must make use of measures that control the flow of runoff from disturbed areas and steep slopes so as to prevent erosion. Such practices may include: rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices that incorporate ground water infiltration.
E. NON-SEDIMENT POLLUTANT CONTROLS: The applicant must implement appropriate BMPs to prevent toxic materials, hazardous materials, or other debris from entering water resources or wetlands. No solid or liquid waste, including building materials, shall be discharged in storm water runoff.
F. TRENCH AND GROUND WATER CONTROL: There shall be no sediment-laden discharges to water resources or wetlands resulting from dewatering activities. If trench or groundwater contains sediment, it must pass through a sediment settling pond or other equally effective sediment control device prior to being discharged from the construction site. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
G. COMPLIANCE WITH OTHER REQUIREMENTS: The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or home sewage treatment system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
H. INTERNAL INPSECTIONS: All controls must be inspected by the applicant or a qualified agent of the applicant at least once every seven (7) calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24-hour period. The purpose of the inspection is to ensure that the control practices are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Inspection logs must be maintained according to the current Ohio EPA NPDES Construction General Permit, and must be made available upon request.
I. MAINTENANCE: The SWP3 shall be designed to minimize maintenance requirements. All control practices shall be maintained and repaired as needed to ensure continued performance of their function until final stabilization.
When inspections reveal the need for repair, replacement or installation of erosion and sediment control BMPs, the following procedures shall be followed:
1. When practices require repair or maintenance: 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 three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
2. When practices fail to provide their intended function: If an inspection reveals that a control practice fails to perform its intended function as detailed in the SWP3, and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
3. When practices depicted on the SWP3 are not installed: If an inspection reveals that a control practice has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) 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.
J. PRE-WINTER STABILIZATION: If the development area will, or is planned to, remain active through the winter months, the owner of the development area shall hold a Pre-Winter Stabilization Meeting. The meeting will be held before October 1st. The applicant shall invite the operator, developer, engineer, contractor, and City of Ravenna.
K. FINAL STABILIZATION: Final stabilization is reached when 75% of the disturbed area has been protected from erosion by permanent vegetation, clean stone, pavement or other acceptable means.
(2) Post-Construction Water Quality Practices.
A. NON-STRUCTURAL WATER QUALITY PRACTICES: Non-structural post-construction best management practices include preservation, planning or procedures that protect sensitive natural areas, direct development away from water resources, and limit the creation of impervious surfaces. Examples of such practices include: conservation easements, riparian and wetland setbacks, conservation subdivision design, and low impact development design.
1. All non-structural water quality practices must be protected from disturbance through the construction phase of the project.
2. All non-structural water quality practices must be protected in perpetuity through the use of appropriate legal tools. All easement or conservation areas must appear on the final plat and be disclosed to potential buyers.
3. All non-structural post-construction water quality practices must have a maintenance agreement with an inspection schedule that details the maintenance types and methods to be used. The agreement must also identify the responsible party and include a detailed funding mechanism.
B. STRUCTURAL WATER QUALITY PRACTICES: Standard post- construction practices are permanent features designed and constructed to provide treatment of storm water runoff either through storage, infiltration, or filtration. Examples of such practices include: water detention ponds, dry extended detention ponds, constructed wetlands, sand and organic filters, bioretention cells, water quality swales, vegetative filter strips, and infiltration trenches or basins.
1. All structural water quality practices must be installed prior to the completion of the project. Structural water quality practices should be made functional once the disturbed areas on site are stabilized. If detention/retention facilities were used for sediment control during development, sediments must be removed prior to the basin being used for post-construction storm water quality.
2. All structural post-construction water quality practices must have a maintenance agreement with an inspection schedule that details the maintenance types and methods to be used. The agreement must also identify the responsible party and include a detailed funding mechanism.
These performance standards are general guidelines and shall not limit the right of the City of Ravenna to impose in the future additional, more stringent requirements, nor shall the standards limit the right of the City of Ravenna to waive, in writing, individual requirements.
(h) Easements. Future access to floodplains, flood control facilities, runoff drainage ditches and channels, runoff storage facilities, storm drains and other drainage ways and structures, as required by the City of Ravenna, shall be secured by means of easements.
(1) The easements shall be recorded in the name of the City of Ravenna and, in single-family residential developments, the funding mechanism.
(2) Such easements shall be not less than thirty (30) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Access easements of this type shall be provided on one (1) side of the flood control or storm drainage ditch, channel, or similar type facility.
(3) Access adjacent to storm water facilities shall consist of a thirty (30) foot easement in the case of detention (dry) basins, and a thirty (30) foot easement with a thirty (30) foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
(4) Easements for the emergency flow ways shall be a minimum of thirty (30) feet in width, or larger if required by the City of Ravenna.
(5) Flood control or storm drainage easements containing underground facilities shall have a minimum width of thirty (30) feet.
(6) The easements shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics that would impede the flow of water, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of storm water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the grading plan.
(i) Construction and Maintenance Guarantee. All permanent storm water, soil erosion, other wastes control, and water quality practices not specifically waived by City of Ravenna shall be constructed or bonded prior to the granting of the final plat approval. The owner will provide a maintenance guarantee for all permanent improvements, and soil erosion, wastes controls, and water quality practices. The City of Ravenna shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that the planned temporary and permanent soil erosion, sediment, and other wastes controls and water quality practices will be constructed and removed in a timely manner, as determined by the City of Ravenna.
(1) The Guarantee: The guarantee of both performance and maintenance will be in the form of a Security Bond, Escrow Account, Certified Check, or Letter of Credit. The Security Bond, Escrow Account, Certified Check, or Letter of Credit will be used by City of Ravenna to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment, and other wastes control practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the City of Ravenna. The Security Bond, Escrow Account, Certified Check, or Letter of Credit will be in the total amount of both the performance guarantee and the maintenance guarantee.
A. No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Certified Check, or Letter of Credit has been posted to the satisfaction of the City of Ravenna sufficient for City of Ravenna to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation. The Security Bond, Escrow Account, Certified Check, or Letter of Credit shall be released only after all work required by this regulation has been completed to the satisfaction of the City of Ravenna and all permit and inspection fees required by these regulations have been paid in full.
(2) Performance Guarantee: The furnishing of a performance guarantee will be maintained in an amount of not less than 120% of the estimate approved by the City of Ravenna, of installation of the deferred improvements.
(3) Maintenance Guarantee: The maintenance guarantee shall be maintained for a period of not less than two (2) years after final acceptance of the storm water, soil erosion, sediment, and other wastes control practices in an amount equal to 20% of the estimate approved by the City of Ravenna for the construction and, where necessary, removal of such practices.
(4) Time Extension: The City of Ravenna may extend for cause the time allowed for the installation of the improvements for which the performance guarantee has been provided with the receipt of a written request from the owner.
(5) Completion: Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment, and other wastes control practices and the removal of the temporary soil erosion, sediment, and other wastes control practices for which the performance guarantee has been provided the owner shall notify the City of Ravenna of this fact.
(6) Inspection: City of Ravenna will not release the Security Bond, Escrow Account, Certified Check, or Letter of Credit guarantee until the City of Ravenna has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed.
(7) Slow Release Devices: Performance and maintenance guarantees will be maintained on the temporary sediment removal slow release devices installed in detention and retention basins until the entire site has reached final soil stabilization. Final stabilization in single-family residential developments is when 90% of the homes are constructed with their lawns completely installed and any remaining unbuilt lots having been permanently stabilized with a uniform ground cover at a growth density of 80% or better.
(8) Release: The Construction Maintenance Guarantee shall not be released by City of Ravenna until all temporary soil erosion and sediment control practices that are no longer needed have been removed, properly disposed of and any trapped sediment has been stabilized.
(j) Violations. No person shall violate, or cause, or knowingly permit to be violated, any of the provisions of these regulations, or fail to comply with any such provisions or with any lawful requirements of any public authority made pursuant to these regulations, or knowingly use or cause or permit the use of any lands in violation of these regulations or in violation of any permit granted under these regulations.
(k) Penalties.
(1) Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense.
(2) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(3) Upon notice from the City of Ravenna, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City of Ravenna may require that work be stopped upon verbal order pending issuance of the written order.
(4) The imposition of any other penalties provided herein shall not preclude City of Ravenna, by or through its Law Director and/or any of their assistants, 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, or ordinances, rules or regulations or the orders of the City of Ravenna.
(l) Application Procedures for Storm Water Pollution Prevention Plans:
(1) Three (3) sets of the SWP3 and necessary data required by this regulation shall be submitted to the City of Ravenna with text material being submitted on 8.5 by 11 inch paper and drawings on no larger than 24 by 36 inch sized paper.
(2) The application must be reviewed by the City of Ravenna for consistency with Ohio EPA and local regulations. At the discretion of the City, the application may be sent to the Portage Soil and Water Conservation District to perform this review for consistency.
(3) The SWP3 developed by the site owners and approved by City of Ravenna in accordance with this regulation do not relieve the site owner of responsibility for obtaining and complying with all other necessary permits and/or approvals from federal, state, county, and local agencies and departments. If requirements vary, the most stringent requirement shall be followed.
(4) The City of Ravenna shall review the SWP3 and supporting data, and shall approve or return these with comments and recommendations for revisions within thirty (30) working days after receipt of the SWP3 as described above. A SWP3 rejected because of deficiencies shall receive a report stating specific problems. At the time of receipt of a revised SWP3, another thirty (30) day review period shall begin.
(5) Approved plans shall remain valid for two (2) years from the date of approval. After two (2) years the plan(s) approval automatically expires
(6) No soil disturbing activity shall begin before the SWP3 has been approved by the City of Ravenna, or before all necessary local, county, state and federal permits have been granted to the owner or operator.
(7) The City of Ravenna will perform site inspections until the site reaches final stabilization as determined by the City of Ravenna.
(m) Definitions. As used in this section:
(1) BEST MANAGEMENT PRACTICE (BMP): Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(2) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(3) CONSERVATION: The wise use and management of natural resources.
(4) DETENTION BASIN: A storm water management pond that remains dry between storm events. Storm water management ponds include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of runoff waters.
(5) DEVELOPMENT AREA: Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.
(6) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(7) DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(8) EARTH DISTURBING ACTIVITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(9) EARTH MATERIAL: Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
(10) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(11) EXISTING: In existence at the time of the passage of these regulations.
(12) 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.
(13) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(14) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(15) 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.
(16) LANDSLIDE: The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(17) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that site owners of small MS4s regulated under the NPDES Phase II permit program.
(18) NATURAL RESOURCES CONSERVATION SERVICE (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(19) NPDES PERMIT: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(20) OHIO EPA: The Ohio Environmental Protection Agency.
(21) OHIO RAINWATER & LAND DEVELOPMENT MANUAL: Ohio's standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(22) PERSON: Any individual, corporation, partnership, firm, trust, commission, board, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, other legal entity, or an agent thereof.
(23) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
(24) RETENTION BASIN: A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(25) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
(26) RIPARIAN SETBACK: Those vegetated lands which are alongside streams where earth disturbing activities will not take place and natural vegetation will not be removed.
(27) SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(28) SEDIMENT SETTLING POND: A temporary sediment pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary sediment basins.
(29) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water and, allowing the sediment to settle out.
(30) SEDIMENT POLLUTION: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(31) SENSITIVE NATURAL AREA: An area or water resource that requires special management because of its susceptibility to sediment pollution, or because of its importance to the well-being of the surrounding communities, region, or the state. It may also be referred to as a critical natural area.
(32) SETTLING POND: A runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.
(33) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(34) SOIL EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(35) SOIL STABILIZATION: Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seeding, mulch, sod, pavement, etc.
(36) SOIL SURVEY: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(37) STORM WATER CONVEYANCE: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
(38) STORM WATER POLLUTION PREVENTION PLAN (SWP3): The plan required by Ohio EPA to meet the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit program for construction activities.
(39) STREAM: A body of water running or flowing on the earth's surface, or a channel with a defined bed and banks in which such flow occurs. Flow may be seasonally intermittent.
(40) WCD: Soil & Water Conservation District.
(41) UNSTABLE SOIL: A portion of land surface or area which is prone to slipping, sloughing or landslides, or is identified by Natural Resources Conservation Service methodology as having a low soil strength.
(42) USEPA: The United States Environmental Protection Agency.
(43) WASTEWATER: Any water that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals, paint, paint washing liquids or other paint wastes, sanitary wastes, or any other Ohio EPA regulated contaminants.
(44) WATERCOURSE: Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river or brook.
(45) WATER RESOURCES: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
(46) 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 Codified Federal Register (CFR) 232, as amended). Wetlands shall be delineated by a site survey approved by City of Ravenna using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.
(47) WETLAND SETBACK: Those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed.
(48) WINTER: October 1st to April 1st of each year.
(Ord. 2013-127. Passed 7-1-13.)