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As used in this chapter, the following words and terms are defined as follows:
(a) 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.
(b) BOG: A rare type of wetland containing acid tolerant mosses, plants, insects and animals. Bogs filter and use acidic ground, surface and rain water and prevent flooding by absorption. This very sensitive habitat is of high importance to biodiversity and flood control.
(c) CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professional In Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control.
(d) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(e) COMMUNITY: Throughout this regulation the Community shall mean the City of Streetsboro, State of Ohio, and its designated agents and representatives.
(f) CONSERVATION: The wise use and management of natural resources.
(g) 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.
(h) DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(i) EARTH DISTURBING ACTIVITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(j) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(k) EROSION AND SEDIMENT CONTROL: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
(l) EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(m) EXISTING: In existence at the time of the passage of this ordinance and these regulations.
(n) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(o) FEN: A type of rare wetland in the form of a high quality spring flowing freely from the ground or rock formation including the surrounding wetland area it forms by its own drainage. Usually indicating nearby ground water movement, Fens are not acidic, reduce the risk of flooding, and provide valuable habitat for unique plant and animal communities.
(p) FLOODPLAIN: Land adjacent to a stream, river, wetland, channel, or lake that floods. Floodplains are very important for high water-volume storage, for aquifers or absorption areas, and make up part of the riparian zone.
(q) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(r) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(s) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This includes, but is not limited to, roads, streets, parking lots, rooftops, and sidewalks.
(t) INTERMITTENT STREAM: A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months.
(u) INVASIVE PLANTS: Introduced, exotic, hybrid or noxious species of plants taking over a region where they do not belong, altering nutrient cycling and water filtration among other things. Invasive plants require costly and continuous eradication, and devastation to biodiversity and natural cycles. Invasives often occur where established native plants and trees have been removed by human activity. See various websites for constantly updated lists of invasive species.
(v) 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.
(w) 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.
(x) LOCAL COUNTY SWCD: The local county Soil and Water Conservation District.
(y) NATIVE VEGETATION: Plants, trees, shrubs, etc. living and adapted to the particular environment, biological cycle, and part of the natural ecosystem before European settlement brought in foreign species.
(z) NATURAL RESOURCES CONSERVATION SERVICE (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(aa) 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.
(bb) OHIO EPA: The Ohio Environmental Protection Agency.
(cc) OUTFALL: An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
(dd) PERSON: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(ee) PROFESSIONAL ENGINEER: A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
(ff) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
(gg) 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.
(hh) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to, 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.
(ii) RIPARIAN SETBACK: Those lands within the Community which are alongside streams, and which fall within the area that the Community prohibits and restricts changes in land use and the building of structures.
(jj) 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.
(kk) SEDIMENT BASIN: 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.
(ll) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(mm) 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.
(nn) SEDIMENT TRAP: A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
(oo) SENSITIVE AREA: An area or water resource or water recharge and absorption field 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 and includes, but is not limited to, the following:
(1) Ponds, wetlands or small lakes with less than five acres of surface area;
(2) Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
(3) Drainage areas of a locally designated or an Ohio designated Scenic River.
(4) Riparian and wetland areas, including, but not limited to Bogs, Fens, Vernal Pools/wet woods, Floodplains, and well recharge areas.
(pp) SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(qq) SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(rr) SILVICULTURE: The theory and practice of controlling forest establishment, composition and growth
(ss) SLIP: A landslide as defined under "Landslides."
(tt) SLOUGHING: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(uu) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(vv) SOIL CONSERVATION SERVICE, USDA: The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture.
(ww) SOIL STABILIZATION: Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seed, mulch, sod, pavement, etc.
(xx) 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.
(yy) STORM WATER RUNOFF: Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(zz) STREAM: A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (ORC 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel.
(aaa) UPDATE: Land at a higher elevation, in general, than the alluvial plain or stream terrace: land above the lowlands along streams.
(bbb) USEPA: The United States Environmental Protection Agency.
(ccc) VERNAL POOLS: Small intermittent wetlands generally occurring in woods. Vernal pools collect snowmelt and rain water allowing for slow filtration and evaporation. Most pools dry completely before the next flooding event. Especially critical habitat for amphibians, rare plants and shrimp, regardless if in it's wet or periodic dry stage. Adjacent woodland is also biologically connected to the vernal pools.
(ddd) WATERCOURSE: Any natural, perennial, or intermittent channel, stream, river or brook.
(eee) 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.
(fff) 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, but not limited to, swamps, marshes, bogs, fens, vernal pools, wet woods, floodplains, and similar areas.
(ggg) WETLAND SETBACK: Those lands within the Community that fall within the area defined by the criteria set forth in these regulations.
(Ord. 2009-75. Passed 6-22-09.)
This chapter applies to development areas having new or relocated projects involving highways, underground cables, pipelines, subdivisions, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. This chapter 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) Strip mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
(c) Surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
(d) Linear construction projects, (e.g., pipeline or utility line installation), which do not result in the installation of impervious surface and are independent of other construction projects (not part of a larger common plan of development or sale). However, linear construction projects must be designed to minimize the number of stream crossings and the width of disturbance.
(e) Transportation projects that are subject to industry specific Ohio EPA Rules are exempt from these rules.
(f) It is not the role of the community to point out each and every part of the rules and how to implement them on the individual job sites. It is the project owner's responsibility to be proactive in meeting the intent, purpose and requirements of these regulations.
(Ord. 2009-75. Passed 6-22-09.)
In implementing these regulations the Engineering Director and/or his or her designees may consult with the local county SWCD, state and federal agencies and other technical experts as necessary. Any costs associated with such consultations shall be assessed to the applicant or his or her designated representative.
(Ord. 2009-75. Passed 6-22-09.)
In order to control Post-Construction water quality damage and damage to public and private lands, the owner of each development area shall be responsible for developing a Post-Construction Storm Water Management Plan.
(a) This plan will be combined with the Construction Site Conservation Plan and the Riparian Setback and Wetland Setback Plans that are also developed for the site.
(b) This plan will contain a description of controls appropriate for each construction operation covered by these regulations, and the operator will implement such controls in a timely manner.
(c) The BMPs used to satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the Ohio Rain Water and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to the Engineering Director and/or his or her designees or Ohio EPA.
(d) The plan must make use of the practices that preserve the existing natural condition to the Maximum Extent Practicable (MEP).
(e) To meet the Post-Construction requirements of this regulation, the Post-Construction Water Quality Plan must contain a description of the Post-Construction Best Management Practices (BMPs) that will be installed during construction for the site and the rationale for their selection. The rationale must address the anticipated impacts on the channel and floodplain morphology, hydrology, and water quality.
(f) This plan will identify the person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and Post-Construction phases of the development.
(g) Long-term maintenance requirements and schedules of all BMPs for both the construction and Post-Construction phases of the development will be identified.
(h) This plan will contain long-term maintenance inspection schedules, including the printed name and contact point of the Post-Construction landowner (e.g., president of the homeowners association, store manager, apartment complex manager, etc.).
(i) This plan will identify the person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent storm water conveyance and storage structures and other conservation practices.
(j) The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent storm water, soil erosion, sediment control, and water quality practices will be identified.
(k) The Post-Construction Plan will also contain the following information depending on the size of the development sites as well as any additional information required by the Engineering Director and/or his or her designees:
(1) Development Sites Smaller than Five Acres: A development site that will disturb one (1) or more, but less than five (5) acres of land and is not a part of a larger common plan of development or sale which will disturb five or more acres of land shall identify:
A. Storm Water Issues: A statement as to how the decreased storm water quality and increased water pollution that will be caused by the planned development project will be handled.
B. Description of Measures: A description of the BMPs that will be installed during the construction process to control pollutants in storm water discharges that will occur after construction operations have been completed.
C. Upland Areas: Structural measures placed on upland areas to the degree attainable.
D. Map: A map of the entire site showing the overall development.
E. Riparian and/or Wetland Setback: All riparian and wetland setback areas will be identified on the plans. They will also be marked in the field prior to the start of construction.
F. BMPs: Best Management Practices used in the Post-Construction Water Quality Plan may include but are not limited to:
i. Permanent Storm Water Detention ponds that provide extended detention of the water volume.
ii. Flow attenuation by use of open vegetated swales, and natural depressions, all with native wetland plant species
iii. Onsite infiltration of runoff
iv. Sequential systems that combine several practices
v. Permanent conservation easements, preferably with the easement being held by a third party with no vested interest in ever seeing the property developed
vi. Natural Channel Design for drainageways
vii. Preservation of existing Floodplains, wetlands, streams and watershed shape
viii. Bioengineering in drainageways
ix. Recreating floodplains
x. Chemical and biological filters in storm sewer inlets
xi. Sand Filters
xii. Allowing roof water from buildings to run across lawn areas to remove pollutants, if limits are set for low to zero amounts of fertilizer, pesticide and herbicides to be used on these said lawns and property.
xiii. Onsite sewage disposals system replacement or conversion to sanitary sewers
xiv. Low Impact Development Design
xv. Countryside Development Design meeting the criteria of the Western Reserve Resource Conservation and Development Area.
xvi. Aquatic benches with native plant species in Retention Basins and ponds.
G. Technical Basis: The plans will contain a rationale statement utilized to select the BMPs used to control pollution and to maintain and protect water quality.
(2) Development Sites 5 Acres or Larger: A development site that disturbs five (5) or more acres of land 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) or more acres of land shall identify:
A. Storm Water Detention: The Post-Construction BMP(s) chosen must be able to detain storm water runoff for protection of the stream channels, stream erosion control, and improved water quality, and pollution prevention.
B. Structural BMPs: Structural (designed) Post-Construction storm water treatment practices shall be incorporated into the permanent drainage system for the site.
C. Properly Sized BMPs: The BMP(s) chosen must be sized to treat the water quality volume (WQv) and ensure compliance with Ohio's Water Quality Standards in OAC Chapter 3745-1. The WQv shall be equivalent to the volume of runoff from a 0.75-inch rainfall and shall be determined according to one of the two following methods:
i. Through a site hydrologic study approved by the local municipal permitting authority that uses continuous hydrologic simulation and local long-term hourly precipitation records or
ii. Using the following equation: WQv = C * P * A / 12 where: WQv = water quality volume in acre-feet C = runoff coefficient appropriate for storms less than 1 inch (see Table 1) P = 0.75 inch precipitation depth A = area draining into the BMP in acres
Table 1 Runoff Coefficients Based on the Type of Land Use
Land Use | Runoff Coefficient |
Industrial & Commercial | 0.8 |
High Density Residential (>8 dwellings/acre) | 0.5 |
Medium Density Residential (4 to 8 dwellings/acre) | 0.4 |
Low Density Residential (<4 dwellings/acre) | 0.3 |
Open Space and Recreational Areas | 0.2 |
D. Where the land use will be mixed, the runoff coefficient should be calculated using a weighted average. For example, if 60% of the contributing drainage area to the storm water treatment structure is Low Density Residential, 30% is High Density Residential, and 10% is Open Space, the runoff coefficient is calculated as follows (0.6)(0.3) + (0.3)(0.5) + (0.1)(0.2) = 0.35.
E. An additional volume equal to 20 percent of the WQv shall be incorporated into the BMP for sediment storage and/or reduced infiltration capacity. The BMPs will be designed according to the methodology included in the Ohio Rainwater and Land Development manual, ODOT Post-Construction storm water standards, or other manual that is acceptable to Ohio EPA.
F. BMPs shall be designed such that the drain time is long enough to provide treatment, but short enough to provide storage available for successive rainfall events as described in Table 2 below
Table 2: Target Draw Down (Drain) Times for Structural Post-Construction Treatment Control Practices
Best Management Practice | Drain Time of WQv |
Infiltration | 24-48 hours |
Vegetated Swale and Filter Strip | 24 hours |
Extended Detention Basin (Dry Basins) | 48 hours |
Retention Basins (Wet Basins)* | 24 hours |
Constructed Wetlands (above permanent pool) | 24 hours |
Media Filtration, Bioretention | 40 hours |
Provide both a permanent pool and an extended detention volume above the permanent pool, each sized at 0.75 * WQ
G. The owner may request approval from the Engineering Director and/or his or her designees to use alternative structural Post-Construction BMPs if the owner can demonstrate, in a way that is acceptable to Ohio EPA rules and regulations, that the alternative BMPs are equivalent in effectiveness to those listed in Table 2 above. The use of alternative or vender supplied Post-Construction BMPs should be limited to redevelopment projects where justification is provided that the traditional BMPs in Table 2 are technically and economically infeasible.
H. Construction activities shall be exempt from this condition if it can be demonstrated that the WQv is provided within an existing structural Post-Construction BMP that is part of a larger common plan of development or sale or if structural Post-Construction BMPs are addressed in a regional or local storm water management plan.
I. For redevelopment projects (i.e., developments on previously developed property), Post-Construction practices shall either ensure a 20 percent net reduction of the site impervious area, provide for treatment of at least 20 percent of the WQv, or a combination of the two.
J. Site Description:
i. The prior land uses of the site
ii. The nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.)
iii. 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)
iv. Amount of the impervious area and percent imperviousness created by the construction activity
v. 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.
K. A vicinity sketch locating:
i. The development area
ii. The larger common plan of development or sale
iii. All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:
I. Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank)
II. Conservation Easements
III. Other sensitive natural resources and areas receiving runoff from the development.
L. The existing and proposed topography shown in the appropriate contour intervals as determined by the Engineering Director and/or his or her designees (generally one-foot contours are used).
M. The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.
N. Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
O. The person or entity responsible for continued maintenance of all permanent vegetative and/or mechanical Post-Construction water quality conservation practices (BMPs).
P. The location of any existing or planned riparian and/or wetland setback areas on the property.
(Ord. 2009-75. Passed 6-22-09.)
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