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Any portion of the permanent Post-Construction water quality management systems, including on-site and off-site treatment/storage facilities that are constructed by the owner, will be continuously maintained into perpetuity.
(a) Detail drawings and maintenance plans must be provided for all Post-Construction Best Management Practices (BMPs).
(b) Maintenance plans must ensure that pollutants collected within structural Post-Construction BMP practices be disposed of in accordance with local, state and federal guidelines.
(c) Maintenance plans shall be provided by the permittee to both the Engineering Director and/or his or her designees and the Post-Construction operator of the BMP (including homeowner associations) upon completion of construction activities and prior to the Engineering Director and/or his or her designees giving final approval for the completed construction.
(d) Single-Family Residential Developments: A Homeowners' Association shall be created and placed in title of the affected lands and shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community.
(e) Multi-Family, Commercial and Industrial Developments: The plans will clearly state that the owner of the property shall be continuously responsible for Post-Construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the Community.
(f) Maintenance Design: Low maintenance requirements are a priority in the design and construction of all facilities. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities. All permanent drainage, soil erosion, sediment control, water quality management systems and BMPs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the plans and the requirements of this ordinance. Inspections and maintenance will be incorporated periodically throughout the year to ensure that the facilities are properly operational.
(g) Perpetual Maintenance Inspections: One (1) inspection with a written report will be performed each year. The written report will be given to the Engineering Director and/or his or her designees by May 1st of each and every year after the Best Management Practice (BMP) has been completed.
(1) Structures that require a permit from the Ohio Division of Water: A written and stamped report from a professional engineer on the status of all structural BMPs that require a permit from the Ohio Department of Natural Resources (ODNR) Division of Water. This applies to all BMPs that require a permit either at the time of construction or fall under the jurisdiction of ODNR Division of Water at any time after construction is completed.
(2) Easements: A written report from an inspector on the status of all storm water management easements for each project shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity. These reports will document if restricted plantings, fences and structures are on the easement and will identify the location of the noted easement restriction violations.
(3) Best Management Practices (BMPs) that do not have a high risk for loss of life, bodily injury, or damage to structures or infrastructure related to imminent failure as determined by the Engineering Director and/or his or her designees: A written and stamped report from a professional engineer, landscape architect or Certified Professional In Erosion and Sediment Control (CPESC) on the status of permanent soil erosion, sediment control, water quality management systems and the status of the related easements shall be submitted to the Engineering Director and/or his or her designees by May 1st of each year into perpetuity.
(4) BMPs that have a potential loss of life: A written and stamped report covering the status of all BMPs that have a potential for loss of life, bodily injury, or damage to structures or infrastructure will be prepared by a professional engineer or other individual possessing a valid state license that authorizes them to design the same type of BMP for construction. (Ord. 2009-75. Passed 6-22-09.)
In order to control pollution of water resources, the owner or person responsible for the development area shall use conservation planning and practices to maintain the level of conservation established in the following standards.
(a) Standards and Specifications: Post-Construction runoff practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Rainwater and Land Development manual, NRCS Field Office Technical Guide for the local county, or the Ohio EPA, which ever is most stringent.
(b) Water Quality Basins:
(1) Pool Geometry: The minimum length-to-width ratio for the pond is 3:1 (the length will be three (3) times the width).
(2) Riser in Embankment: The riser shall be located within the embankment for purposes of maintenance access. Access to the riser will be by manholes.
(3) Water Drains: Each retention basin shall have a drainpipe that can completely drain the pond. The drain shall have an elbow within the pond to prevent sediment deposition from plugging the drain, and prevent sediment deposition from draining into the nearby waterways.
(4) Adjustable Gate Valves: Both the Water Quality and the Storm Water Management Basin drains shall have adjustable gate valves. Valves shall be located inside of the riser at a point where they will remain dry and can be operated in a safe and convenient manner. During the annual inspections the valves shall be fully opened and closed at least once, and the certifying official shall attest to this on the inspection form. To prevent vandalism, the handwheel shall be chained to a ringbolt or manhole step.
(5) Principal Spillway: Each principal spillway shall be designed in accordance with the Natural Resources Conservation Service (NRCS) standards and specifications for the office serving the local county. Each principal spillway shall have the capacity to pass the 100-year design storm flows. The inlet or riser size for the pipe drops shall be designed so that the flow through the structure goes from weir flow control to pipe flow control without going into orifice control in the riser. The crest elevation of the primary spillway shall be no less than one foot below the emergency spillway crest. Premium joint pipe is required and a removable trash rack shall be installed at each location. Anti-seep collars shall be provided for all pipe conduits through an embankment.
(6) Emergency Spillway: An emergency spillway shall be provided on each Water Quality and Storm Water Management basin. Emergency spillways shall convey flood flows safely past the embankment, and shall be designed in accordance with NRCS standards and specifications for the office serving the local county. Emergency spillways shall have a 100-year design storm capacity unless exempted in writing by Engineering Director and/or his or her designees.
(7) Embankments: Each dam embankment shall be designed in accordance with the NRCS standards and specifications for the office serving the county that the project is located in. Anti-seep collars shall be provided for all pipe conduits through an embankment.
(8) Safety Features:
A. The primary spillway opening shall not permit access to the public and other non-maintenance personnel.
B. The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following:
i. A safety bench, with a maximum slope of 3%, which extends outward, on dry land, from the shoreline. This bench will be a minimum of 25 feet wide to provide for the safety of individuals and maintenance vehicles that are adjacent to the water pool. The safety bench may be landscaped, without the use of structures, to prevent access to the water pool.
ii. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (3 feet horizontal for every 1 foot vertical).
iii. An aquatic bench that extends inward from the shoreline far enough to ensure public safety and has a maximum depth of 15 inches below the normal water surface elevations. The aquatic bench may be landscaped to prevent access to the deeper water pool. The aquatic bench may also be incorporated into the Post-Construction Water Quality Plan.
iv. Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical).
v. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench.
(9) Water Quality Basin: If a Water Quality Basin is needed and can not be incorporated into an existing or planned Detention or Retention Basin then a separate Water Quality Basin will need to be planned, designed, constructed and maintained into perpetuity.
A. Water Quality Basins will not be constructed in any permanent or intermittent stream channel.
(10) Flexibility: These standards are general guidelines and shall not limit the right of the Engineering Director and/or his or her designees to impose at any time additional and/or more stringent requirements nor shall the standards limit the right of the Engineering Director and/or his or her designees to waive, in writing, individual requirements.
A. If the Engineering Director and/or his or her designees waives, in writing, individual requirements the owner will provide the Engineering Director and/or his or her designees with the information and documentation required to assure Ohio EPA that the waived requirement will not degrade water quality.
(Ord. 2009-75. Passed 6-22-09.)
Where the Engineering Director and/or his or her designees determines that site constraints exist in a manner that compromises the intent of this ordinance to improve the management of storm water runoff as established in this ordinance, practical alternatives may be used to result in an improvement of water quality and/or a reduction of storm water runoff. Such alternatives must be in keeping with the intent and likely cost of those measures that would otherwise be required to meet the objectives of this section. When possible, all practical alternatives shall be implemented within the drainage area of the proposed development project. Practical alternatives can include, but are not limited to:
(a) Fees in an amount equivalent to the cost of design, installation and maintenance of accepted post construction storm water BMP's shall be paid. Such costs shall be verified and documented by the Engineering Director and/or his or her designee's. Such fees shall be placed in an account and applied to storm water management practices to improve storm water quality in the community.
(b) Implementation of off-site storm water management practices.
(c) Watershed or stream restoration within the community.
(d) Retrofitting of an existing storm water management practice within the community.
(e) Other practices approved by the Engineering Director and/or his or her designees in keeping with the intent of this section.
(Ord. 2009-75. Passed 6-22-09.)
(a) 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 will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
(b) NPDES Permits: The provisions of the National Pollutant Discharge Elimination System (NPDES) Permits for construction activity, 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 will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued.
(c) 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 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 will be provided to the Engineering Director and/or his or her designees before a construction permit will be issued. Proof of compliance shall be, but is not limited to, the following:
(1) A copy of the U.S. Army Corps of Engineers Individual Permit, 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 Nationwide Permit; or
(3) A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the Community.
(Ord. 2009-75. Passed 6-22-09.)
All permanent storm water, soil erosion, sediment control and water quality practices not specifically waived by the Community shall be constructed prior to the granting of the Final Plat Approval. Upon the request of the owner, the Community may defer the construction or installation of a permanent storm water, soil erosion, sediment control or water quality practice prior to the approval of the final plat where, in the Engineering Director's and/or his or her designees judgment, such proper construction or installation is not immediately necessary for the protection of the public health and safety; and where the prior installation or construction of such improvement would constitute an undue hardship on the owner because in the case of new vegetation or weather conditions, or because in the case of concrete, building construction could cause cracking and excessive wear and tear on new structures. In such event, the Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that such deferred improvements will be properly constructed or installed within an agreed specified time, but not to exceed six (6) months after the filing of such final plat.
The owner will provide a maintenance guarantee for all permanent improvements, soil erosion, and sediment control and water quality practices.
The Community shall require a Security Bond, Escrow Account, Certified Check or Cash to guarantee that the planned temporary and permanent soil erosion, sediment control and water quality practices will be constructed and removed in a timely manner, as determined by the Engineering Director and/or his or her designees.
(a) The Guarantee: The guarantee of both performance and maintenance will be in the form of a Security Bond, Escrow Account, Certified Check or Cash. The Security Bond, Escrow Account, Certified Check or Cash will be used by the Community to complete any guaranteed construction or removal of improvements or temporary and permanent soil erosion, sediment control and water quality practices that are not adequately completed, maintained or removed by the owner in a timely manner, as determined by the Engineering Director. The Security Bond, Escrow Account, Certified Check or Cash will be in the total amount of both the performance guarantee and the maintenance guarantee. Ohio municipalities and counties may require performance bonds or other guarantees for water management improvement as stated in the ORC Chapter 711.101.
(1) Security Bond, Escrow Account, Certified Check or Cash shall be deposited with the Community prior to review by the Engineering Director and/or his or her designees to cover professional services of the Engineering Director, Building Commissioner, Zoning Inspector and/or other experts required by the Engineering Director and/or his or her designees, Community Council, Mayor or Review Boards.
(2) No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Certified Check or Cash has been posted to the satisfaction of the Engineering Director sufficient for the Community 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 Cash shall be released only after all work required by this regulation has been completed to the satisfaction of the Engineering Director and/or his or her designees and all permit and inspection fees required by these regulations have been paid in full.
(3) No project subject to this regulation shall commence without the Soil Erosion and Sediment Control, and Storm Water Management, and Water Quality Plans having been approved by the Engineering Director and/or his or her designees.
(b) 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 Engineering Director, of installation of the deferred improvements.
(c) 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 control, and water quality practices in an amount equal to 20% of the estimate approved by the Engineering Director, of the construction and, where necessary, removal of such practices.
(d) Time Extension: The Engineering Director may extend 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.
(e) Completion: Upon completion of the construction of improvements or temporary and/or permanent, soil erosion, sediment control, and water quality practices and the removal of the temporary soil erosion, sediment control, and water quality practices for which the performance guarantee has been provided, the owner shall notify the Engineering Director and/or his or her designees of this fact.
(f) Inspection: The Community will not release the Security Bond, Escrow Account, Certified Check or Cash guarantee until the Engineering Director and/or his or her designees has inspected the site to ensure that the guaranteed item(s) have been completed and/or removed.
(g) Release: The Construction Maintenance Guarantee shall not be released by the Community 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. (Ord. 2009-75. Passed 6-22-09.)
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