(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 of Trenton. Further, these regulations:
(1) Promote development while keeping downstream flooding, erosion and sedimentation at existing levels;
(2) Reduce damage to receiving streams and drainage systems which may be caused by impairment of their capacity which may be caused by sedimentation.
(b) Pre-recording development/construction phases.
(1) Performance standards.
A. Permit required. Owner/operator must obtain a Butler County earth moving permit with construction drawing approval from the Butler County storm water district before any earth disturbing activity may begin, including clearing, grubbing, and cut/fill activity unless the proposed project is regulated by subsection (c)(1), lot erosion and sediment control permit. All projects above one acre disturbance must have either an earth moving permit or a lot erosion and sediment control permit.
B. Erosion and sediment control. To the maximum extent practicable, having all ESC's from the approved construction drawings installed and functioning, erosion and sediment is to be kept on development area. Erosion and sedimentation caused by storm water runoff over the development area due to earth disturbing activities shall be stabilized and confined to within the boundaries of the development area.
C. Storm water discharges. The Butler County Storm Water District has defined allowable storm water discharges per its NPDES Phase II Permit as described in its Illicit Discharge Detection and Elimination Regulations.
D. Structural and nonstructural soil and water management.
1. Non-structural and structural controls shall be designed in accordance with requirements and standards specified in these regulations and/or the current Ohio Environmental Protection Agency permit for storm water discharges associated with construction activity under the National Pollutant Discharge Elimination System (NPDES). These practices must also comply with design standards specified in the City of Trenton Subdivision Regulations.
2. Permanent structural and non-structural controls shall be placed in easements and recorded on the subdivision record plat and/or property deeds on which they are located and shall remain unaltered unless first approved by the Butler County Engineers Office. See the City of Trenton Subdivision Regulations.
3. In designing structural controls, access, storage volume, flood prevention and water quality benefits shall be considered to the maximum extent practicable to protect life and property. Refer to the City of Trenton Subdivision Regulations for additional design criteria.
E. Channel protection.
1. The owner/operator will protect channels from degradation due to water run off. Structural or non-structural controls shall be constructed by the owner/operator as prescribed in the latest edition of Rainwater and Land Development and/or ODOT Location & Design Manual.
2. The design and installation of any storm water channel shall comply with the City of Trenton Subdivision Regulations.
F. Unsuitable soils.
1. When a soil with a high water table, as defined in the Butler County Soil Survey, is present, a note must be placed by the designing engineer on the final plat stating: “High water table soils are apparent in this area. If basements are constructed, it is the responsibility of the builder to take special precautions to ensure the basement stays dry.” If this note is not on the plans as the Butler County Storm Water District is reviewing the plans, revisions will be required with the note before the plans will be approved.
2. Upon review of the construction drawings, if soil type and/or severity of slopes requires additional testing as determined by the Butler County Storm Water District, a report from a State Registered geotechnical engineer will be required. The report results of surface and subsurface exploration, conditions of the land, procedures for performing the grading operations, maximum slope to satisfy stability, and other geotechnical design requirements for the requested lots will determine if there are problematic conditions to overcome, what those problematic conditions may be, and possible solutions to overcome them to protect the home buyer. This report must be received and checked by the Butler County Storm Water District so that the conclusions appear reasonable and credible prior to construction drawing approval. The results of this report may warrant additional studies prior to the building permit being issued due to building code requirements.
3. If a hydric soil or soils with hydric components, wetland vegetation and/or possible hydrologic conditions are present, Butler County Storm Water District may require a wetland delineation study be done. A note shall be placed on the preliminary plat stating "A wetland delineation study shall be complete for the necessary lots prior to construction drawing approval." The delineated wetland boundaries shall be shown on the construction drawings, final plat and included within an easement on the property.
G. Temporary soil stabilization of development area due to earth disturbing activity and soil stockpiles.
1. Temporary vegetation shall be established within development areas subject to earth disturbing activities as specified in Table 1 below.
Table 1: Temporary Soil Stabilization
Area Requiring Temporary Vegetation | Time Frame to Apply Temporary Vegetation |
Any disturbed areas within 50 feet of a Stream and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities within Disturbed Area, including soil stockpiles, that will be dormant for more than 21 days but less than one year. | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. | Prior to onset of winter weather. |
2. Soil stabilization measures should be appropriate for the time of year, Development Area conditions, and estimated time of use. Stabilization methods include vegetation, mulching, and the early application of gravel base on areas to be paved.
3. Topsoil to be stored on development area shall be stabilized with quick growing plants or other means, so that it is protected from wind and water erosion. Topsoil to be redistributed on project site shall be maintained in a usable condition for sustaining vegetation and reused on the development area.
H. Permanent soil stabilization of development area due to earth disturbing activity.
1. Permanent vegetation shall be established on development areas as specified in Table 2 below.
Table 2: Permanent Soil Stabilization
Area Requiring Permanent Vegetation | Time Frame to Apply Permanent Vegetation |
Any area that will lie dormant for 6 months or more. | Within 7 days of the most recent disturbance. |
Any area at final grade. | Within 7 days of reaching final grade within that area. |
2. Permanent vegetation shall not be considered established until a ground cover is achieved which is mature enough to control soil erosion.
I. Cut and fill slopes. Cut and fill slopes shall be designed, constructed, and stabilized in a manner which will minimize erosion. Consideration should be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions, and other applicable factors. If, after final grading, there is excessive erosion, where rill erosion becomes gully erosion, additional slope stabilizing measures by the owner, developer, or builder will be required until the problem is corrected. The following guidelines are provided to aid in developing an adequate design.
1. Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
2. Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
3. Concentrated storm water should not be allowed to flow down cut or fill slopes unless contained within an adequate channel, flume or slope drain structure.
4. Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
5. Fills of five or more feet located at the proposed primary structure location and ten feet around the perimeter of the proposed primary structure should be compacted to densities not less than 98 percent of the Standard Proctor maximum Dry Density, ASTM D698. All other fill should be compacted to at least 95 percent Standard Proctor Dry Density ASTM D698. Compaction test results shall be submitted and approved by the Butler County Storm Water District prior to final plat approval.
J. Protection of adjacent properties/public right-of-ways. Properties, public right-of-ways, and thoroughfares adjacent to the development area of an earth disturbing activity shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer at the perimeter of the development area; by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins; or by a combination of such measures.
K. Erosion and sediment controls (ESC's).
1. ESC's shall be used to control erosion and trap sediment on a development area remaining disturbed for more than fourteen days. Such structures may include, but are not limited to, silt fences, mulch berms, storm drain inlet protection, sediment traps, sediment basins, and diversions or channels which direct runoff to a sediment basin. All ESC's must be installed to function as their designed intent.
2. ESC's shall be constructed as a first step in grading and be made functional before upslope earth disturbing activities take place. Earthen ESC's such as dams, dikes, and diversions shall be seeded and mulched as soon as the installation is complete. ESC's shall be functional throughout the course of earth disturbing activity and until the development area is stabilized with permanent vegetation.
3. Sheet flow runoff from the development area shall be intercepted by silt fence, mulch berms or diversions. Silt fence or mulch berms shall be placed on a level contour and shall be capable of temporarily ponding runoff. As a guideline the relationship between the maximum slope length above silt fence for a particular slope range is shown in Table 3 below or a plan of design from a professional engineer may be submitted, which ever is more appropriate.
Table 3: Maximum Slope Length Above Silt Fence
Drainage Area:
Maximum Slope Length Above Silt Fence | ||
Slope | Slope Length (ft.) | |
Maximum Slope Length Above Silt Fence | ||
Slope | Slope Length (ft.) | |
0% - 2% | Flatter than 50:1 | 250 |
2% - 10% | 50:1 - 10:1 | 125 |
10% - 20% | 10:1 - 5:1 | 100 |
20% - 33% | 5:1 - 3:1 | 75 |
33% - 50% | 3:1 - 2:1 | 50 |
> 50% | >2:1 | 25 |
4. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes, or berms, may receive storm water runoff from areas up to ten acres.
5. Whenever storm water detention is required per the City of Trenton Subdivision Regulations, the storm water runoff from the development area shall pass through a sediment basin or other suitable sediment trapping facility before discharge to waters of the state. The Butler County Storm Water District may require sediment basins or traps for smaller disturbed areas where deemed necessary due to development area challenges or issues that are not controllable with standards set forth within these regulations.
L. Stabilization of waterways and outlets.
1. All on-site, man-made storm water conveyance channels shall be designed and constructed to withstand the expected velocity of flow without erosion as described in the City of Trenton Subdivision Regulations. Conveyance channels are to be seeded and mulched within 14 days of completion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels. Outlet will be stabilized with rock rip rap and/or other energy dissipation devices as approved by the Butler County Storm Water District.
2. Channel design and preventative scour measures to prevent erosion are to be designed per the City of Trenton Subdivision Regulations.
M. Storm sewer inlet protection. All storm sewer inlets shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment. A rolled tile wrapped inlet sediment filter shall be used for all curb inlet protection or equivalent BMP.
N. Working in or crossing watercourses.
1. All activities shall be kept out of watercourses to the maximum extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) shall be restored to its original cross-section and all disturbed area stabilized immediately after in-channel work is completed.
2. Where a watercourse will be crossed regularly during construction, a temporary stream crossing shall be constructed per specifications of the U.S. Army Corps of Engineers and the latest edition of the Rainwater and Land Development Manual. The stream crossing will be used for the shortest period possible to complete the work, removed following development area construction, and restored as described in subsection L.1. above.
O. Maintenance and removal of temporary measures.
1. All temporary erosion and sediment control practices shall be maintained and repaired by the owner/operator to assure continued performance.
2. All temporary erosion and sediment control measures shall be removed within 30 days after final development area stabilization is achieved or after the temporary measures are no longer needed. Trapped sediment and other disturbed soil areas resulting from the removal of temporary measures shall have the final grade re-established and be permanently stabilized to prevent further erosion and sedimentation.
P. Control of construction development area debris and wastes.
1. All owners, applicants, contractors, and developers shall properly dispose of discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste on the development area in order to keep streets and gutters clear of all sediment and debris from the development area. Any burial pits on site must be shown on the final plat.
2. A defined washout area shall be located within the development area and protected such that washout does not leave the area. Proper removal and disposal of the material shall take place upon hardening or drying. See subsection (f) for sample concrete washout practices.
Q. Use, safety, and maintenance of storm water / erosion control practices.
1. Storm water management practices shall be designed for the permitted use of the development area and function safely and with minimal maintenance.
2. If an inspection reveals that a control practice is in need of repair or maintenance because it is failing, with the exception of a sediment settling pond, it must be repaired or maintained within three days of the inspection by owner/operator. Sediment settling ponds must be repaired or maintained to the approved construction drawings within ten days of the inspection owner/operator.
R. Inspection of storm water controls/ internal inspections.
1. Development area discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the maximum extent practicable to the receiving waters of the state.
2. All controls on the development area shall be inspected at least once every 7 calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24-hour period and repaired or maintained as described in subsection Q. above. The development area owner/operator shall assign a qualified inspection personnel, experienced in the installation and maintenance of erosion and runoff controls, to conduct these inspections to ensure that all storm water control practices are functional, that all provisions of the SWP3 and this regulation are being met, and whether additional control measures are required.
3. All ESC's shall be periodically inspected by the developer to ensure proper function and to identify failures. If the 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 days of the initial inspection. Sediment settling ponds must be repaired or maintained within 10 days of the inspection.
4. The development area owner/operator shall maintain for 3 years following the final stabilization of the development area a record summarizing inspections, names(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the development area is in compliance with the SWP3, and identification of any incidents of non-compliance.
S. Accessibility and easements. All permanent storm water management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance. See the City of Trenton Subdivision Regulations for additional information.
T. General standards. The standards identified in this section are general guidelines. Each application shall be reviewed on a case by case basis and some may require additional and more stringent requirements, while others may have individual requirements waived by the authorized agent.
(2) Storm water pollution prevention plan (SWP3) requirements.
A. Storm Water Pollution Prevention Plans (SWP3s) are intended to provide information on all soil erosion and runoff control activities and Best Management Practices (BMPs) to be used and incorporated on the development area both during and after development area development. This information includes, but is not limited to, development area grading, storm water management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth disturbing activities on the development area.
B. Each SWP3 shall provide development area designs that meet the performance standards presented in Section III and provide practical treatment for both water quality and quantity of storm water from the development area as appropriate.
C. In general, SWP3s need to address:
1. Erosion and sediment control. Providing measures that endeavor to ensure that earth disturbing activities at the development area during and after development will be managed in a manner that will not increase erosion and sedimentation, to the maximum extent practicable, from the development area, resulting in impacts to water quality and that the performance standards specified in Subsection (b)(1) are met.
2. Runoff control. Providing measures to ensure that the rate of surface water runoff from the development area during and after construction will not exceed pre-development conditions and that meet the performance standards specified in Subsection (b)(1).
D. The SWP3 shall specifically include all the following:
1. A development area plan map that shows the location of existing features and proposed improvements on the development area including:
a. Total area of the development area and the area of the development area that is expected to be disturbed (i.e. grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
b. Known surface water locations, including springs, wetlands, streams, lakes, water wells, etc., on or within 50 feet of the development area, including the boundaries of known wetlands or stream channels and first subsequent named receiving water(s) the owner/operator intends to fill or relocate for which the owner/operator is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
c. The general directions of surface water flow and 100-year floodplain when applicable.
d. All proposed improvements, including buildings, retaining walls, sidewalks, streets, parking lots, driveways, utilities and storm water basins, drainage impoundments, channels and outlets, etc.
e. Appropriate soil information for the development area describing locations of bedrock, unstable or highly erodible soils as determined by the Butler County Soil Survey, and/or soil tests. Show location of any soil test borings on plan. Other soils information such as permeability, high water table, etc. may be mentioned.
f. If required by preliminary plat approval the geotechnical study must be completed and approved at the SWP3 review step.
g. An estimate of the impervious area and percent imperviousness created by the earth disturbing activity.
2. The contents of the SWP3 required by the current Ohio EPA's NPDES construction activity permit and incorporated here by reference. This plan may be submitted as developed for the Ohio EPA, in conjunction with the other requirements of Subsection (b)(2)D. The contents of the Ohio EPA's SWP3 include, but are not limited to:
a. A description of current land uses at the development area.
b. Existing data describing if available, the quality of any discharge from the development area.
c. Appropriate soil information for the development area describing locations of bedrock, unstable, or highly erodible soils as determined by the Butler County Soil Survey and/or soil tests. Show location of any soil test borings on plan. Other soils information such as permeability, perched water table, etc. may be mentioned.
d. A determination of runoff coefficients or curve numbers for both the pre-construction and post construction development area conditions.
e. For all earth disturbing activities (involving the disturbance of 5 or more acres of land or will disturb less than 5 acres, but part of a larger common plan of development or sale which will disturb 5 or more acres of land), a description of post construction BMP(s) chosen and designed to detain and treat a water quality volume (WQv) equivalent to the volume of runoff from a 0.75-inch rainfall (See Ohio EPA construction activity permit for methodology). Design of water quality volume within detention / retention facilities must comply with the City of Trenton Subdivision Regulations.
f. For all small earth disturbing activities (which disturb one or more, but less than 5 acres of land and is not a part of a larger common plan of development or sale which will disturb 5 or more acres of land), a description of measures that will be installed during the development process to control pollutants in storm water discharges that will occur after construction operations have been completed.
g. An implementation schedule which describes the sequence of major construction operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion, sediment, and storm water management practices or facilities to be employed during each operation of the sequence.
h. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices according to Subsection (c)(1).
i. A detailed description of the storm water controls to be incorporated and how these meet or exceed the appropriate performance standards presented in Subsection (b)(1). This shall include the identification of which entity (developer, contractor, owner, etc.) is responsible for implementation of each individual control (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization).
j. A detailed maintenance plan that describes procedures (e.g. inspections - see Subsection (b)(1)R. Inspection of Storm Water Controls/ Internal Inspections) needed to ensure the continued performance of control practices shall be located at the entrance of the development area or at the job trailer in a well marked container accessible at all times. Such plans must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, state, and federal regulations.
k. A development area map that includes:
i. Limits of earth disturbing activity of the development area including associated off-site borrow or spoil areas.
ii. Soil types on the development area, including locations of unstable or highly erodible soils.
iii. Existing and proposed 2 foot contours. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres.
iv. Existing and planned locations of buildings, roads, parking facilities and utilities.
v. The location of all erosion and sediment control practices, including areas likely to require temporary stabilization during development of the development area.
vi. Sediment and storm water management basins noting their sediment settling volume and contributing drainage area.
vii. Permanent storm water management practices to be used to control pollutants in storm water after construction operations have been completed.
viii. Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, including dumpster areas, cement truck washout areas, and vehicle fueling and maintenance.
ix. The location of designated construction entrances where vehicles will access the development area.
x. The location of any in-stream activities, including stream crossings.
3. Copies of pertinent notices of intent (NOI), permits, public notices and letters of authorization must be included with SWP3 submissions. These may include, but are not limited to, Ohio EPA NPDES permit authorizing storm water discharges associated with construction activity, Ohio EPA Phase II storm water permits, Section 401 and 404 Clean Water Act permits, Ohio EPA Isolated Wetland permit, and Ohio Dam Safety Law permits.
4. Supplemental requirements as provided in Subsection (b)(2)F.
E. Storm water discharge to critical areas with sensitive resources (i.e. wetlands, steep slopes, scenic river designation, recharge areas, etc.) may be subject to additional criteria or may need to utilize or restrict certain storm water practices to protect these critical areas with sensitive resources and functions.
F. Supplemental requirements - Determination of construction development runoff. Each development area management plan shall include an evaluation of pre-development conditions together with construction conditions that quantifies the volume and rate of runoff from the development area by subdrainage areas. This evaluation shall be prepared according to methods prescribed in the latest edition of Rainwater and Land Development Manual or other appropriate sources. The evaluation shall:
1. Show delineation and sequence of subdrainage units which comprise the area proposed for development.
2. Indicate the hydraulic length of slope per individual subdrainage unit and the length of the natural or manmade watercourse which accommodates the surface runoff from each subdrainage unit.
3. Indicate within the legend the average percent slope, erosion factor (K), and runoff curve number (CN) per individual subdrainage unit for a 24-hour storm of a one-year frequency.
G. Storm water pollution prevention plan submission, review and action.
1. Submission of the storm water pollution prevention plan may be included in the improvement plan review process as stated in Section 3.13 of the Butler County Subdivision Regulations which initiates the review process. An erosion and sediment control butler county earth moving permit application must be completed with all of the applicable fields filled in and attached to the improvement plan along with the appropriate fee.
2. The SWP3 shall be reviewed by the Butler County Storm Water District to:
a. Verify background information furnished by the applicant and evaluate the proposed development in relation to existing development area conditions.
b. Assess the SWP3 in relation to the performance standards and requirements of this resolution.
3. Upon submission of the complete SWP3 and the ESC earth moving permit application to the Butler County Storm Water District, it shall be reviewed within 14 calendar days. If the review is not completed within 14 calendar days, the applicant may contact the Butler County Storm Water District to set the preconstruction meeting. The review will be finished at the time of the preconstruction meeting and, if any revisions are needed, they will be discussed at the preconstruction meeting. If no other approvals for the improvement plans are needed from other county agencies, then the developer/applicant may set up a preconstruction meeting with Butler County Storm Water District.
4. With Butler Storm Water District approval, the developer may opt to submit a preliminary ESC plan directly to Butler County Storm Water District with completed application. This option assumes the applicant shall have a completed (final) ESC plan by the time construction drawings are submitted to the Department of Development and Planning.
5. The Butler County Storm Water District shall either:
a. Approve the SWP3 as submitted by the applicant; or
b. Conditionally approve the SWP3 and require the submission of additional and/or revised information by the applicant, in order to fully meet the intent and standards of this resolution; or
c. Disapprove the SWP3.
6. Revisions to conditionally approved SWP3s shall be prepared and submitted by the applicant to the Butler County Storm Water District for review.
7. Once the SWP3 plans are approved and a preconstruction meeting is held between the Butler County Storm Water District and the earth moving contractor or other appropriate party involved with the project, approval of the earth moving permit will be granted.
(3) Compliance responsibility.
A. The City of Trenton hereby designates Butler County Storm Water District as its duly authorized representative for the purposes of enforcement activity.
B. Performance liability and responsibility.
1. No provision of this resolution shall limit, increase, or otherwise affect the liabilities of the applicant nor impose any liability upon the City of Trenton or Butler County not otherwise imposed by law.
2. The applicant is responsible for carrying out all provisions of the approved storm water pollution prevention plan and for meeting all the standards and requirements of this regulation.
C. No release from other requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail.
D. Violations.
1. Earth moving activities regulated under this regulation shall not begin until the Butler County earth moving permit is granted as spelled out in Subsection (b)(2)G. and all necessary state and federal permits and appropriate approvals of storm water pollution prevention plans have been granted to the development area owner/applicant.
2. No person shall violate or cause or knowingly permit to be violated any of the provisions of this resolution, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this resolution or in violation of any approval permit granted under this resolution.
E. Enforcement and penalties.
1. All development areas are subject to inspections by the Butler County Storm Water District to ensure compliance with the approved SWP3.
2. After each inspection, a status report shall be prepared and distributed to the appropriate person(s).
3. If it is found that the operations are being conducted in violation of the approved SWP3, then enforcement action as authorized in Ohio R.C. 307.79 shall be initiated.
4. Subsequent to the issuance of a stop-work order penalties may be imposed consistent with Ohio R.C. 307.79
F. Schedule of fees.
1. The schedule of fees set forth by the Board of County Commissioners for plan review, development area inspection and permit approval as established, and shall be due and payable upon the submission of the SWP3 and completed Butler County earth moving permit application to the Department of Development at the time of construction drawing submittal.
2. If earth moving begins without earth moving permit and approval of SWPPP/construction drawings the development area will not be recorded until fee paid in full, application turned in and SWPPP/construction drawing approval letter/permit issued.
3. Make fee payable to Butler County, turn into the Department of Development and Planning. The SWPPP/ construction drawings and the earth moving permit application can be turned in at the Department of Development and Planning or the Butler County Storm Water District Office.
G. Complaints. The Butler County Storm Water District shall investigate any complaint related to earth disturbing activities covered by this resolution in a timely manner. After inspection is completed, if found to be in violation, the Butler County Storm Water District will take necessary action to achieve compliance on the particular development area as described in Subsection (b)(3)E.
H. Appeals process. Any person denied a permit pursuant to section 3.07(e) of the Butler County Subdivision regulations has the right to appeal to the Board of Supervisors of the Butler Soil and Water Conservation District in writing within 60 days of the grievance.
I. Effective date and validity. This resolution shall become effective within the City of Trenton as required by the Charter of the City of Trenton. If any section, subsection, paragraph, clause, phrase, or provision of this resolution is adjudged invalid or held unconstitutional, such a decision shall not affect or void any of the remaining portions.
(c) Post-construction building/construction phases.
(1) Lot pollution prevention control plan and lot erosion and sediment control permit. (Residential and commercial builders)
A. Lot erosion and sediment control permit. Upon submittal for a building permit from the City of Trenton Building and Zoning, a lot ESC plan is required to be submitted to Butler County if the parcel is greater than one acre or within a platted subdivision. A Butler County Lot erosion and sediment control permit is also required for each lot within a platted subdivision upon approval of the lot ESC plan. The builder/owner is required to meet all requirements in Subsection (c)(1)B. in order to maintain an approved lot erosion and sediment control permit.
B. Lot pollution prevention control plan and per lot building performance standards.
1. In general, the lot pollution prevention control plan shall consist of the development area erosion and sediment control plan and describe/ show how waste construction material will be disposed of. See Appendix B for an example. A pollution prevention plan is required for all other platted lots and can be created with the building and zoning lot plan. This plan should include the following:
a. Provide the parcel number, address, lot number, and subdivision name with appropriate section or block.
b. Show the existing contours and final proposed spot elevations with directional flow arrows of the lot. Proposed contours may be required by Butler County Storm Water District as needed. Existing grading may be represented off of the development's grading plan. Show all existing and proposed locations of buildings, roads, parking facilities and utilities.
c. Proposed grading of lot shall not remove or change any existing surface drainage that have been recorded such as watercourses, swales, streams, flood routes and or channels without prior approval.
d. Water runoff should be diverted away from steep slopes and areas with exposed soils.
e. All concrete trucks should washout at designated areas as defined by the developer or his contractor. See Subsection (b)(1)P. Control of Construction Development Area Debris and Wastes.
f. Note and show the location of each proposed soil erosion and sediment control Best Management Practice (BMP) as specified in the ODNR Rainwater and Land Development Manual, including:
i. Perimeter sediment and erosion control BMP around the lot and/or adjacent to surface drainage swale as topography and need determines. Appropriate BMP's may include, but are not limited to, a mulch berm, silt fence, compost logs, temporary sediment traps/basins, temporarily modified detention/retention facilities, check dams, curb and yard inlet protectors, temporary diversions, and proper stream crossings.
ii. A construction entrance is required on all lots within the subdivision. It is the builder's responsibility to ensure the construction drive is maintained and properly dressed with stone. See Subsection (d) - Appendix A. Construction vehicle access should be limited to one route, to the greatest extent practical.
iii. Mud tracked onto the street or sediment settled around curb inlet protection shall be inspected daily and cleaned as needed to prevent it from accumulating. It shall be removed by shoveling and scraping and shall NOT be washed off paved surfaces or into storm drains.
iv. Temporary seeding should be placed on any lot that is to remain idle for period more than 21 days. Each lot should be properly seeded and mulched within 7 days of completion of the rough grading. This includes stockpiles excavated from basements. All stockpiles shall be situated away from streets, swales, or other waterways.
2. Show the boundaries of wetlands and stream channels on the lot ESC plan. If they are to be modified or removed a permit may be required through the Army Corps of Engineers, Ohio Environmental Protection Agency, or Department of Natural Resources. It is the builder's responsibility to acquire the appropriate permits.
3. All ESC's shall be periodically inspected by the builder/owner to ensure proper function and to identify failures. If the 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 3 days of the initial inspection. Sediment settling ponds must be repaired or maintained within 10 days of the inspection.
4. The builder/owner shall maintain ESC's until permanent vegetation is established.
(2) Compliance responsibility and failure to comply.
A. The City of Trenton hereby designates Butler County Storm Water District as its duly authorized representative for the purposes of enforcement activity permitted by Ohio R.C. 307.79
1. Whenever public improvements have not been constructed and/or maintained in accordance with these regulations, the City of Trenton or the Board of County Commissioners may exercise its rights of foreclosure on the bond to bring the improvements into compliance.
2. Failure to comply with Subsection (c)(1) Lot Pollution Prevention Control Plan may result in one or all of the following:
a. Loss of Butler County lot erosion and sediment control permit.
b. Stop work order – No inspections.
c. Failure to obtain additional permits/approvals.
d. Fines or penalties as determined by the Board of Commissioners.
B. Performance liability and responsibility.
1. No provision of this section shall limit, increase, or otherwise affect the liabilities of the applicant nor impose any liability upon the City of Trenton or Butler County not otherwise imposed by law.
2. The applicant is responsible for carrying out all provisions of the approved storm water pollution prevention plan and for meeting all the standards and requirements of this regulation.
C. No release from other requirements. No condition of this permit shall release the applicant from any responsibility or requirements under other federal, state, or local environmental regulations. If requirements vary, the most restrictive requirement shall prevail or where context suggests it, requirements and/or restrictions may be cumulative. Failure to enforce a requirement is not a waiver of other applicable requirements.
D. Violations.
1. Earth moving activities regulated under this regulation shall not begin until the Butler County earth moving permit is granted as spelled out in Subsection (b)(2)G. and all necessary state and federal permits and appropriate approvals of storm water pollution prevention plans have been granted to the development area owner/applicant.
2. No person shall violate or cause or knowingly permit to be violated any of the provisions of this resolution, or fail to comply with any of its provisions or with any lawful requirements of any public authority made pursuant to it, or knowingly use or cause or permit the use of any lands in violation of this resolution or in violation of any approval permit granted under this resolution.
E. Enforcement and penalties.
1. All development areas are subject to inspections by the Butler County Storm Water District to ensure compliance with the approved SWP3.
2. After each inspection a status report of the ESC findings shall be prepared and distributed by Butler County Storm Water District to the owner/operator.
3. If it is found that the operations are being conducted in violation of the approved SWP3, then enforcement action as authorized in Ohio R.C. 307.79 shall be initiated.
4. Subsequent to the issuance of a stop-work order, penalties may be imposed consistent with Ohio R.C. 307.79
F. Schedule of fees.
1. The schedule of fees shall be set forth by the Board of County Commissioners for plan review, development area inspection and permit approval as established, and shall be due and payable upon the submission of the Butler County lot erosion and sediment control permit application to the Department of Building and Zoning at the time of lot building construction.
2. The applicant shall make the fee payable to Butler County, turn in fee and application to the Department of Development: Building and Zoning.
G. Complaints. The Butler County Storm Water District shall investigate any complaint related to lot erosion and sediment control activities covered by this resolution in a timely manner. If investigation finds violations, the Butler County Storm Water District will take appropriate actions to achieve compliance on the particular lot.
H. Appeal process. Any person denied a permit pursuant to section 5.01 (1) of the Butler County Subdivision regulations has the right to appeal to the Board of Supervisors of the Butler Soil and Water Conservation District in writing within 60 days of the grievance.
I. Effective date and validity. This section shall become effective within the City of Trenton as required by the Charter of the City of Trenton. If any subsection, paragraph, clause, phrase, or provision of this resolution is adjudged invalid or held unconstitutional, such a decision shall not affect or void any of the remaining portions.
(d) Appendix A. Specifications for construction entrance.
(e) Appendix B. Small Construction Site Controls.
(f) Appendix C. Specification for concrete washout practice.
(Ord. 06-2012. Passed 3-1-12.)