(a) Storm Water Pollution Prevention Plan (SWP3). In order to control sediment pollution of water resources, the applicant shall submit a SWP3 in accordance with the requirements of this regulation. The SWP3 shall include Best Management Practices (BMPs) and Stormwater Control Measures (SCMs) adequate to prevent pollution of public waters by soil sediment from accelerated stormwater runoff from development areas. A Stormwater Pollution Prevention Plan (SWP3) shall be developed and implemented on which any regulated activity of Section 1466.01(c) is proposed meeting one or more of the following minimum criteria:
(1) New or re-developed Single Family Subdivisions
(2) All soil-disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more total acres of land.
(3) Commercial or Industrial development disturbing more than one (1) acre of land.
(4) All private lake and/or dam repair or construction.
(5) All public utility or roadway projects disturbing one (1) acre or more of land.
(6) All development within designated Flood Plain irrespective of lot area.
(7) All areas as may be otherwise designated by the Village as environmentally sensitive (i.e. ground water zones).
(b) Abbreviated Storm Water Pollution Prevention Plan. An Abbreviated SWP3 may be required for development on less than one (1) acre and shall include but not be limited to the following:
(1) New single-family residential construction. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, a full SWP3 and compliance with the Ohio EPA Construction General Permit are required.
(2) Additions or accessory buildings for single-family residential construction. If such activities disturb one (1) acre or more, or are part of a large common plan of development or sale disturbing one (1) acre or more, a full SWP3 and compliance with the Ohio EPA Construction General Permit are required.
(3) All non-residential construction on parcels of less than one (1) acre.
(4) General clearing activities not related to construction. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, compliance with the Ohio EPA Construction General Permit and a full SWP3 are required.
(5) For activities disturbing 1/10th (one tenth) of an acre or less no SWP3 or Abbreviated SWP3 is required unless otherwise required by the Village Engineer. All such activities must comply with all other provisions of this regulation.
(6) When required due to the complexity of the project, the Abbreviated SWP3 is to be fully incorporated within the Plot Plan.
(c) The SWP3 shall be certified by a professional engineer, a registered surveyor, certified professional erosion and sediment control specialist, or a registered landscape architect.
(d) The SWP3 shall be amended whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity.
(e) The SWP3 shall incorporate measures as recommended by the most current online edition of Rainwater and Land Development as published by the Ohio Environmental Protection Agency and shall include the following information:
(1) A cover page or title identifying the name and location of the site, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated start and completion dates for construction.
(2) A copy of the permit requirements (attaching a copy of the current Ohio EPA NPDES Construction General Permit is acceptable).
(3) Site description: The SWP3 shall provide:
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and 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 land disturbance.
D. A calculation of the run-off coefficients for both the pre-construction and post-construction site conditions.
E. 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.
F. A description of prior land uses at the site.
G. 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.
H. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the aerial extent and description of wetland 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. For discharges to a municipal separate storm sewer system (MS4), the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a water resource shall be indicated.
I. List TMDLs applicable for the site and demonstrate that appropriate BMPs or stormwater control measures (SCMs) have been selected to address these TMDLs. [A TMDL identifier table for Northeast Ohio communities is available at http://www.neohiostormwater.com/]
J. For subdivided developments a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices. This does not remove the responsibility to designate specific erosion and sediment control practice in the SWP3 for areas such as steep slopes, stream banks, drainage ways, and riparian zones.
K. Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the best management practices to address pollutants in these stormwater discharges.
L. A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.
M. Site map showing:
1. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.
2. Soil types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.
3. 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.
4. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels an 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.
5. Existing and planned locations of buildings, roads, parking facilities, and utilities.
6. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of development.
7. Sediment and stormwater management basins including their sediment settling volume and the maximum expected disturbed area that will be directed to the sediment pond during construction. The plan should include a summary of the following:
a. The required sediment storage and dewatering volumes
b. The provided sediment storage and dewatering volumes
c. The weir length or skimmer size, as applicable
d. The weir length or skimmer size provided
8. The location of permanent SCMs to be used to control pollutants in stormwater after construction operations have been completed.
9. 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.
10. Methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, stormwater runoff, and snow melt.
11. Measures to prevent and respond to chemical spills and leaks. Applicants may also reference the existence of other plans (i.e., Spill Prevention Control and Countermeasure (SPCC) plans, spill control programs, Safety Response Plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.
12. Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.
13. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
14. The location of any in-stream activities including stream crossings.
(4) A soils engineering report. The Village Engineer may require the SWP3 to include a Soils Engineering Report based upon their 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 Village 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 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.
(f) Plan Submission: The applicant shall submit the following and the applicable fees to the Building Commissioner as follows:
(1) SWP3: Three (3) copies along with submittal of the improvement plans.
(2) Abbreviated SWP3: With submission of improvement or Plot Plan.
(g) Review and Approval. The SWP3 shall be forwarded to the Village Engineer along with the Plot Plan or final drawings. A plan rejected because of deficiencies shall be returned for revisions. Once approved, the applicant may proceed to construct, grade, or otherwise improve the land in accordance with such SWP3 or Abbreviated SWP3.
(1) During review, the Village Engineer may recommend or prescribe changes to the SWP3. If the applicant agrees to such recommendations in writing, they shall be deemed part of the SWP3, be approved by the Village Engineer, and the applicant may proceed.
(2) The Village Engineer may also condition approval of any SWP3 upon a deposit by the applicant in cash of an amount not to exceed twenty- five hundred dollars ($2,500) intended to ensure that all erosion control devices, including permanent vegetation, as required by the SWP3, are properly installed. Any deposit so required shall not be released to the applicant until the Village Engineer is satisfied that all required soil and erosion control devices have been installed and all other conditions of approval have been met.
(3) In the event the applicant wishes to appeal the approval or denial by the Village Engineer to the Planning Commission, the applicant shall thereafter submit to the Planning Commission, through its Secretary, six copies of such SWP3 which shall thereafter conduct a review in accordance with the procedures set out in Section 1466.10.
(4) Soil disturbing activities shall not begin and zoning permits shall not be issued without:
A. Approved SWP3 or Abbreviated SWP3
B. Installation of erosion and sediment controls
(5) 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.
(6) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.
(h) Fees. At the time of the submission of the SWP3 to the Building Commissioner, the applicant shall deposit three hundred dollars ($300.00) to cover the cost and expense of the Engineer's review process. Such costs and expenses shall be deducted from such deposit. If expenditures exceed the deposit, such excess shall be paid to the Building Commissioner by the applicant upon request. Excess deposit funds shall be refunded to the applicant at the time of the approval of the SWP3 by the Planning Commission.
(Ord. 2016-40. Passed 12-12-16.)