(a) The intent of this chapter is to protect the land and water resources of the City by establishing standards to achieve a level of soil erosion and stormwater control that will minimize and abate degradation of land and water resources and damage to public and private property resulting from earth disturbing activities. Definitions for this section are as defined previously in Section 1111.06, Definitions. In addition this regulation further intends to:
(1) Assure that those involved in earth disturbing activities minimize both soil erosion and the volume and rate of stormwater runoff from their sites.
(2) Preserve to the extent practicable the natural drainage characteristics of the site and minimize the need to construct, repair, and/or replace enclosed, subsurface storm drain systems.
(3) Assure that stormwater controls are incorporated into site planning and design at the earliest possible stage and that all stormwater management practices are properly designed, constructed, and maintained.
(4) Prevent unnecessary stripping of vegetation and loss of soil and to require prompt re-vegetation and stabilization to the site following earth disturbing activities.
(5) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, water resources, wetlands, and stormwater management practices.
(6) Encourage the construction of stormwater management practices that serve multiple purposes such as flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(7) Preserve to the maximum extent practicable natural infiltration and groundwater recharge.
(b) Any person or persons proposing to develop or redevelop land within the City for any of the uses listed in these Subdivision Regulations shall design, develop, and submit a Site Development Plan. Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impact that may result from such development activities and the need for submission of a Stormwater Management Plan (SMP) to minimize these impacts.
(c) This Section shall apply to both the development and redevelopment of land proposed for the following:
(1) Residential, institutional, commercial, office, and industrial purposes, including subdivision and land development proposals for non agricultural uses in rural areas.
(2) Recreational facilities, non-agricultural water impoundments and waterway construction or improvement.
(3) Public infrastructure uses, including transportation and utilities.
(4) Any earth disturbing activity within critical and sensitive natural areas, including floodplains, highly erodible lands (HEL) and wetlands.
(d) This Section does not apply to earth disturbing activities associated with agricultural activities.
(e) No earth disturbing activity subject to regulation under this Section shall be undertaken for any land proposed for development or redevelopment for uses in these Subdivision Regulations without an approved Site Development Plan, and, if appropriate, a Stormwater Management Plan (SMP).
(f) Final approval of a proposed development or redevelopment shall not be given unless:
(1) A determination is made by the City's Authorized Agent based on submission of a Site Development Plan that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters, or
(2) An SMP has been approved by the City based on the recommendation of its Authorized Agent that the proposed earth disturbing activity will not cause accelerated runoff, erosion, and/or sediment impacts harmful to the quality of off-site lands and waters.
(g) Any person or persons seeking approval for an earth disturbing activity listed below shall prepare an SMP.
(1) Activities disturbing greater than or equal to one (1) acre, or less than one (1) acre, if part of a larger common plan of development or sale.
(2) Activities that require the extension of public utilities (such as roadways, water mains, sanitary sewer mains, or storm sewers).
(3) Activities that will modify an existing or approved drainage way, drainage structure, or drainage easement.
(4) Activities that will channelize, straighten, or modify a watercourse within the identified 100-year floodplain (studied and unstudied).
(h) Any person seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and an SMP provided they meet all of the following:
(1) Construction takes place on one parcel;
(2) Any earth disturbing activity will not affect more than one (1) acre of the development site at a time;
(3) The structure is not located within 100 feet of a sensitive natural area;
(4) Any earth disturbing activity will not modify the general existing site drainage pattern, drainage structure, drainage tiles, or drainage easements; and
(5) One of the following:
A. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites as required by the City's Authorized Agent, or
B. The parcel is part of an overall development plan which has received approval of an SMP and the developer certifies that they will comply with said Plan.
(i) An exemption as defined above does not exempt any person from the other provisions of this Section or liability for their activities.
(Ord. 73-2021. Passed 1-18-22.)
(a) All Erosion and Sediment Kept on Site. Erosion and sedimentation caused by accelerated wind or stormwater runoff over the site due to earth disturbing activities shall be stabilized and confined to the boundaries of the development site.
(b) Structural and Nonstructural Best Management Practices.
(1) Nonstructural stormwater management practices shall be used to the maximum extent practicable. Such practices may include, but not be limited to, preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction, and designation of tree preservation areas.
(2) Nonstructural and structural stormwater management practices shall be designed in accordance with requirements and standards specified in this Section or by the City's Authorized Agent.
(3) Structural and nonstructural stormwater management practices shall be placed in easements and recorded on the property deeds on which they are located and shall remain unaltered unless first approved by the City's Authorized Agent.
(4) Specific types of structural stormwater management practices, including detention and retention facilities, shall be designed and constructed to meet both stormwater detention requirements for flood control and water quality protection requirements as approved by the City's Authorized Agent.
(c) Stream and Wetland Riparian Buffers. The site owner or applicant shall leave an undisturbed riparian buffer on both sides of and/or surrounding water resources, except for crossings and other riparian area and wetland impacts approved by the City's Authorized Agent. Buffer width will be determined by Section 2.5, Stream Setback Area of the Rainwater and Land Development Manual.
(d) Channel Protection. To protect stream channels from instability and erosion during and after construction activities, temporary and permanent runoff control practices shall be designed and constructed as defined in the latest edition of Rainwater and Land Development.
(e) Temporary Stabilization of Disturbed Areas and Soil Stockpiles.
(1) A temporary vegetative cover shall be established on disturbed areas as specified in the NPDES Construction Activity General Permit Number #OHC000004 or current permit.
(2) Application practices shall include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be appropriate for the time of year, site conditions and estimated time of use.
(3) Topsoil removed shall be stored on site and shall be stabilized with quick growing plants or other means, so that it is protected from wind and water erosion. Topsoil shall be maintained in a usable condition for sustaining vegetation and reused on the site. Temporary vegetation shall also be maintained.
(f) Permanent Stabilization.
(1) A permanent vegetative cover shall be established on disturbed areas as specified in In the NPDES Construction Activity General Permit Number #OHC000004 or current permit.
(2) Permanent vegetation shall not be considered established until a ground cover is achieved which is mature enough to control soil erosion and will survive severe weather conditions.
(g) 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, excessive erosion takes place, additional slope stabilizing measures will be required by the owner, developer or builder 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 stormwater 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.
(h) Protection of Adjacent Properties and Public Right-of-Ways. Properties, public right-of-way's, and thoroughfares adjacent to the site 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 site, by installing perimeter controls such as sediment barriers, filters, dikes, sediment basins, or by a combination of such measures.
(i) Sediment Control Structures.
(1) Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than fourteen (14) days. Such structures may include, but are not limited to, silt fences, storm drain inlet protection, sediment basins and diversions or channels which direct runoff to a sediment basin. All sediment control practices must be capable of ponding runoff in order to be considered functional.
(2) Sediment control structures shall be constructed as a first step in grading and be made functional before earth disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched as soon as the installation is complete. Sediment control structures shall be functional throughout the course of earth disturbing activity until the site is stabilized with permanent vegetation.
(3) Sheet flow runoff from the site shall be intercepted by silt fence or diversions. A silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 1 below.
Table 1: Maximum Drainage Area to Silt Fence
Maximum drainage area (in acres) to 100 linear feet of silt fence | Range of slope for a particular drainage area (percent) |
0.5 | <2% |
0.25 | > 2% but < 20% |
0.125 | > 20% but < 50% |
(4) Stormwater 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 stormwater runoff from areas up to ten (10) acres.
(5) Whenever stormwater detention is required, the stormwater runoff from the site shall pass through a sediment basin or other suitable sediment trapping facility before discharge to a receiving water body. The City's Authorized Agent may require sediment basins or traps for smaller disturbed areas where deemed necessary.
(j) Stabilization of Waterways And Outlets. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow without creating erosion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels.
(k) 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.
(l) Working In or Crossing Watercourses.
(1) All activities shall be kept out of watercourses to the 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 provided, used for the shortest period practical, removed following site construction, and restored as described in these Subdivision Regulations.
(m) Maintenance and Removal of Temporary Measures.
(1) All temporary erosion and sediment control practices shall be maintained and repaired to assure continual performance.
(2) All temporary erosion and sediment control measures shall be removed within thirty (30) days after final site 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.
(n) Control of Construction Site Debris and Wastes. All owners, applicants, contractors and developers shall control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste on construction sites and shall keep streets and gutters clear of all sediment and debris from the site.
(o) Use, Safety, and Maintenance of Stormwater Practices.
(1) Stormwater management practices shall be designed for the ultimate use of the site and function safely with minimal maintenance.
(2) If an 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 inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.
(p) Inspection of Stormwater Controls Required by the Developer.
(1) All on-site control practices shall be periodically inspected to ensure proper function and to identify failures.
(2) On-site and off-site discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
(3) Detailed records of inspections shall be maintained for three (3) years following the final stabilization of the site.
(q) Accessibility of Easements. All permanent stormwater management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance.
(r) Status of 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 City's Authorized Agent. (Ord. 73-2021. Passed 1-18-22.)
(a) Any person seeking approval of land development proposals for use types listed in these Subdivision Regulations shall develop and submit a Site Development Plan.
(b) The applicant is encouraged to have a pre-submission meeting with the subdivision review staff.
(c) Site Development Plan Requirements.
(1) Each applicant shall provide information that details the location of the area proposed for development, the site in relation to its general surroundings, predevelopment site conditions, existing characteristics of the site, and the extent of proposed earth disturbing activities. At a minimum the Site Development Plan shall include the following elements:
A. A general location map that shows the area proposed for development and pertinent adjacent areas and features.
B. A description of the nature and type of the earth disturbing/construction activity (e.g. residential, commercial, highway).
C. A photocopy of the appropriate soil survey sheet found in the USDA Soil Survey of Miami County with location of site identified.
D. A Site Plan Map that shows the location of existing features and proposed improvements on the site including:
1. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, cleaning, excavation, filling or grading, including off-site borrow areas).
2. Surface water locations, including springs, wetlands, streams, lakes, or water wells, on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the permittee intends to fill or relocate for which the permittee is seeking approval from the Army Corps of Engineers or Ohio EPA.
3. The general directions of surface water flow and 100-year floodplain, when applicable.
4. All improvements, including buildings, retaining walls, sidewalks, streets, parking lots, driveways, utilities and stormwater basins, drainage impoundments, channels, and outlets.
E. An estimate of the impervious area and percent of imperviousness created by the earth disturbing activity.
(d) Site Development Plan Submission, Review and Action.
(1) Submission of a Site Development Plan by an applicant seeking approval initiates the review process.
(2) The City's Authorized Agent shall review the Site Development Plan and conduct a site inspection of the proposed site.
(3) Review of the Site Development Plan shall be completed within seven (7) working days of submittal.
(4) Following review, the City's Authorized Agent shall:
A. Approve the Site Development Plan; or
B. Conditionally approve the Site Development Plan pending additional information and/or the incorporation of required changes; or
C. Reject the Site Development Plan; or
D. Require the submission of a Stormwater Management Plan (SMP) based on written findings of the City's Authorized Agent.
(Ord. 73-2021. Passed 1-18-22.)
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