(A) General statement. These regulations establish technically feasible and economically reasonable standards to achieve a level of subdivision design and construction to minimize damage to property, degradation of natural resources, and to promote and maintain the health, safety and general well-being of all life and inhabitants of the city. Further, these regulations promote development while keeping downstream flooding, erosion and sedimentation at existing levels, and reduce damage to receiving streams and drainage systems which may be caused by impairment of their capacity, which may be caused by sedimentation.
(B) Construction site erosion and sediment control.
(1) No person shall cause or allow earth-disturbing activities, land clearing, grading, excavating or filling except in compliance with the performance criteria set out in division (C) of this section.
(2) Erosion and sediment control practices used to satisfy the performance criteria shall meet the standards and specifications in the current edition of The Rainwater and Land Development handbook (a copy of this may be obtained from Hamilton County Soil and Water Conservation District).
(3) The performance criteria are general guidelines and shall not limit the right of the city to impose additional, more stringent requirements, nor shall the criteria limit the right of the city to waive individual requirements.
(C) Performance criteria.
(1) Timing of sediment trapping practices. Sediment control practices shall be functional throughout earth-disturbing activity. Settling facilities, sediment barriers, and other practices intended to trap sediment shall be implemented as the first step of grading and within seven days from the start of grubbing. They shall continue to function until the up-slope development area is restabilized.
(2) Stabilization of denuded areas. Denuded areas shall have soil stabilization applied within seven days if they are to remain dormant (undisturbed) for more than 45 days. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site, and shall also be applied within seven days to denuded areas which may not be at final grade, but will remain dormant longer than 45 days.
(3) Settling facilities. Concentrated storm water runoff from denuded areas flowing at rates which exceed the design capacity of sediment barriers shall pass through a sediment-settling facility. The facilities storage capacity shall be 133 cubic yards per acre of drainage area.
(4) Sediment barriers. Sheet flow runoff from denuded areas shall be intercepted by sediment barriers. Sediment barriers, such as sediment fences or diversions directing runoff to settling facilities, shall protect adjacent properties and water resources from sediment transported by sheet flow.
(5) Storm sewer inlet protection. All storm sewer inlets which accept storm water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer system without first being treated to remove sediment, unless the storm sewer system drains to a settling facility.
(6) Working in or crossing streams. Streams, including bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. To the extent practicable, construction vehicles shall be kept out of streams. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion.
(7) Temporary crossing. If a live (wet) stream must be crossed by construction vehicles regularly during construction, a temporary stream crossing shall be provided.
(8) Construction access routes. Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls or onto public roads.
(9) Sloughing and dumping. No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource, unless such dumping or placing is authorized by the Hamilton County Soil and Water Conservation District, and when applicable, the U.S. Army Corps of Engineers, for such purposes as but not limited to construction of bridges, culverts, and erosion control structures.
(10) Unstable soils. Unstable soils prone to slipping or landslides shall not be graded, excavated, filled or have loads imposed upon them unless the work is done in accordance with a qualified professional engineer's recommendation to correct, eliminate, or adequately address such problems.
(11) Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner which will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, up-slope drainage area, groundwater conditions, and slope stabilization.
(12) Stabilization of outfalls and channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, 25-year frequency storm without eroding.
(13) Establishment of permanent vegetation. Permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the city, provides adequate cover and is mature enough to control soil erosion satisfactorily and to survive adverse weather conditions.
(14) Disposition of temporary practices. All temporary erosion and sediment control practices shall be removed or permanently stabilized within 30 days after final site stabilization is achieved, or after the temporary practices are no longer needed, unless otherwise authorized by the city.
(15) Maintenance. 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. The person or entity responsible for the continued maintenance of permanent erosion controls shall be identified to the satisfaction of the city.
(D) Administration; soil erosion sediment control (SESC) plan content. In compliance with division (B) and (C) of this section, a SESC plan shall identify potential erosion and sediment pollution problems from the development area and describe measures to be taken to control those problems. The SESC plan must be submitted to and approved by and a permit shall be obtained from the Ohio Environmental Protection Agency prior to any earth-disturbing activity on the development area. The SESC plan shall contain the following information:
(1) Narrative. The following narrative shall be included on the site plans in the form of notes:
(a) The schedule of major construction operations as related to implementing erosion and sediment control practices;
(b) Maintenance requirements for temporary erosion and sediment control practice:
1. Sediment levels necessitating clean-out;
2. Person to perform maintenance;
(c) The name, address and telephone number of the SESC plan designer and the owner or person(s) responsible for the development area.
(2) Site plan.
(a) Vicinity map at a scale of not less than 2,000 feet to the inch, locating the site in relation to the surrounding area;
(b) Limits of earth-disturbing activity;
(c) Existing and proposed topography shown in appropriate contour intervals;
(d) Existing and proposed drainage patterns including watershed lines, directions of flow and watershed acreage. Drainage patterns during major phases of construction shall also be included as appropriate;
(e) The types of soils within or affected by the development area and the location of all highly erodible or unstable soils;
(f) Erosion and sediment control practices:
1. Their location;
2. Settling ponds drawn to scale with basic dimensions; and
3. Detail-drawings of structural control-practices;
(g) Proposed utilities which may affect erosion and sediment control practices.
(E) Inspection and enforcement actions. The City Engineer shall inspect any permitted development area to determine compliance with the approved plan and these regulations. When it is determined that there is a violation or the development area is not in compliance the following procedure shall be followed:
(1) The inspector representing the city shall notify the site superintendent of the violation and the work required to be in compliance with the approved plan and these regulations. Notification will be in writing.
(2) If the violation still exists, the issue may be reported to the City Engineer for consideration. If the City Engineer determines that a violation exists one or all of the following options may be pursued:
(a) The SESC permit may be revoked. No earth-disturbing activity shall proceed without a SESC permit.
(b) An injunction or other appropriate relief may be sought through a court of competent jurisdiction.
(F) The inability to perform any of the inspection and enforcement procedures as defined in this section shall not preclude the use of any other procedure, nor shall the procedure be binding in cases of severe hazard or threat to public welfare as determined by the city.
(Ord. 09-3306, passed 10-15-09)