The approved SWP3, and the sediment and erosion controls, non-sediment pollution controls continued therein, shall be implemented upon the commencement of construction. Perimeter controls must be installed two working days prior to the commencement of construction. The approved plan must be implemented until the site reaches final stabilization. All properties adjacent to the site of soil-disturbing activity shall be protected from soil erosion and sediment run-off and drainage, including but not limited to, private properties, natural and artificial waterways, wetlands, storm sewers, and public lands. It is the owner's responsibility to maintain current records of contractor(s) responsible for implementing the SWT3 and providing that information to the community engineer or the administrator of the code.
In order to control sediment 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. Erosion and sediment controls shall be designed and maintained effectively to minimize the discharge of pollutants during the course of earth disturbing activities.
(a) The plan shall include measures that control the flow of runoff from disturbed areas so as to prevent soil erosion and deposition of sediment from occurring.
(b) Structural practices shall be used to control erosion and trap sediment from areas remaining disturbed for more than 14 days. Non-structural preservation measures are also available. The SWP3 must make use of such practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving the existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, minimizing disturbance of steep slopes, designation of tree preservation areas or other protective clearing or grubbing practices. Soil compaction shall be minimized and unless infeasible, topsoil shall be preserved. Provide and maintain a fifty-foot buffer of undisturbed natural vegetation around surface waters of the state, or riparian or wetland setbacks, if applicable, whichever is greater, unless maintaining this buffer is infeasible (e.g., stream crossings for roads or utilities, or for channel and floodplain rehabilitation and restoration). Direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration. Infiltration facilities should be designed to meet all criteria in Rainwater and Land Development.
(c) Sediment Barriers. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties and water resources from sediment. Where intended to provide sediment control, silt fence shall be placed on a level contour. The relationship between the maximum drainage areas to silt fence for a particular slope is shown in the table below. Placing silt fence in a parallel series does not extend the size of the drainage area.
Maximum Drainage Area (In Acres) to 100 Linear Feet of Silt Fence Based on Slope | Range of Slope for a Particular Drainage Area |
0.5 | <2% |
0.25 | ≥ 2% but < 20% |
0.125 | ≥ 20% but < 50% |
This does not preclude the use of other sediment barriers designed to control sheet flow runoff. The total runoff flow treated by a sediment barrier shall not exceed the design capacity for that sediment barrier. Straw bale barriers are not acceptable. Detail drawings and plan notes shall specify a diameter of filter socks or other acceptable perimeter controls.
(d) Storm Water Diversion Practices. Storm water diversion practices shall be used to keep runoff away from disturbed areas and steep slopes where practicable. Such practices, which include swales, dikes or berms, pipe slope drains, and diversions, may receive storm water runoff from areas up to ten acres. Storm water diversion practices alone are not considered a sediment control practice unless used in conjunction with a sediment settling pond.
(e) All sediment control practices must be capable of ponding runoff in order to be considered functional.
(f) Clearing and grubbing will be done in two or more phases. The first phase will include only those locations necessary to install the perimeter soil erosion, sediment, and storm water control BMPs. After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
(g) Timing of Sediment Trapping Practices. Sediment control practices shall be functional throughout all phases of up slope earth-disturbing activity. Settling facilities, perimeter controls, and other practices intended to trap sediment shall be implemented prior to grading and within seven days from the start of grubbing. They shall continue to function until the up slope development area is permanently re-stabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(h) Stabilization of Denuded Areas. Disturbed areas must be stabilized as specified in the tables below, or according to the Ohio EPA NPDES Storm Water Permit Rules, whichever is most restrictive:
Table 2: Permanent Stabilization
Area Requiring Permanent Stabilization | Time Frame to Apply Erosion Controls |
Any areas that will lie dormant for one year or more | Within seven days of the most recent disturbance |
Any areas within 50 feet of a surface water and at final grade | Within two days of reaching final grade |
Any other areas at final grade | Within seven days of reaching final grade within that area |
Table 3: Temporary Stabilization
Area Requiring Temporary Stabilization | Time Frame to Apply Erosion Controls |
Any disturbed areas within 50 feet of a surface water and not at final grade. | Within two days of the most recent disturbance if the area will remain idle for 14 days or more. |
Disturbed areas that will be dormant for more than 14 days but less than one year and not within 50 feet of a stream. | Within seven days of the most recent disturbance within the area. |
Residential subdivisions for disturbance which has occurred on building lots. | Within seven days of the most recent disturbance if housing unit construction on the lot is not scheduled to begin within 21 days of the disturbance. In any case, temporary or permanent stabilization will be properly installed, pursuant to the most recent edition of the Ohio Rainwater and Land Development Manual, before the second building permit is issued. |
Nonresidential subdivisions and commercial developments. | Within seven days of the most recent disturbance if further construction activity will not occur within 21 days of the disturbance. Where vegetative stabilization techniques may cause structural instability or are otherwise prohibited, alternative stabilization techniques must be employed. |
Disturbed areas that will be idle over winter. | Prior to the onset of winter weather or prior to November 1st whichever occurs first. |
(i) Sediment Settling Ponds. A sediment settling pond is required for any one of the following conditions:
(1) Concentrated storm water runoff (e.g., storm sewer or ditch);
(2) Runoff from drainage areas, which exceed the design capacity of silt fence or other sediment barriers;
(3) Runoff from drainage areas that exceed the design capacity of inlet protection; or
(4) Runoff from common drainage locations with ten or more acres of disturbed land. Alternative controls can be used if the owner can show, in writing, that the Ohio EPA approved the use of alternatives that the owner demonstrated to be equivalent in effectiveness to a sediment settling pond.
(5) Where storm sewer drainage areas include ten or more acres disturbed at one time, a temporary (or permanent) sediment settling pond must be provided until final stabilization of the site. In single-family residential construction, final stabilization is after the houses are built and permanent landscaping is done.
(6) It is recommended that for drainage locations of less than ten acres, smaller sediment settling basins and/or sediment traps be used.
(7) Each facility's storage capacity shall be no less than 1,800 cubic feet of dewatering zone area per acre of total contributing drainage area and 1,000 cubic feet per disturbed acre of sediment storage zone area. The storage volume will be measured from the bottom of the basin to the top of the primary (principal) spillway.
(8) Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water. The draw down time must be at least 48 hours, or meet the criteria in the Ohio Rainwater and Land Development Manual, whichever is most stringent. Sediment traps shall also provide both a sediment storage zone and dewatering zone, but the outlet structure shall be constructed consistent with the specifications of the latest Ohio Rainwater and Land Development Manual.
(9) The design configuration between inlet(s) and the outlet of settling ponds must provide at least two units of length for each one unit of width; a length to width radio of 4:1 is recommended.
(10) The depth of the dewatering zone of the sediment settling pond must be less than or equal to five feet.
(11) Sediment must be removed from the sediment settling ponds when the design capacity has been reduced by 40%.
(12) Public safety, especially as it relates to children, must be considered in the design. Alternative sediment controls must be used where site limitations would preclude a safe design.
(13) Temporary sediment settling ponds will not be constructed in any stream channel.
(14) The design, installation, and maintenance of erosion and sediment controls shall address factors such as the amount, frequency, intensity, and duration of precipitation, the nature of resulting storm water runoff and soil characteristics including the range of soil particle sizes expected to be present on the site.
(15) The skimmer shall be designed per the equivalent requirements of sediment basins and the operator must ensure that the outlet structure of the pond provides an equivalent or better sediment storage zone and dewatering zone. As such, temporarily while the site is under construction, there shall be no discharge of runoff below the elevation required for the sediment storage zone and the discharge of storm water within the dewatering zone shall only occur through the skimmer. The volume of the sediment storage zone shall be calculated by one of the following methods: Method 1: The volume of the sediment storage zone shall be 1000 ft 3 per disturbed acre within the watershed of the basin. Method 2: The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with RUSLE or other generally accepted erosion prediction model.
(j) Storm Sewer Inlet Protection.
(1) All storm sewer inlets that accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer, including yard basins, unless the storm drain system drains to a sediment settling pond and is exempted in writing by the Village Engineer and thereafter approved by Village Council. Straw, hay bales, and filter socks are not acceptable forms of inlet protection. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up slope areas reach final stabilization, as determined by the Village Engineer. Catch basins near construction sites shall be maintained and cleaned regularly and protected from sediment-laden runoff, if feasible without posing a public safety hazard.
(2) All inlets receiving runoff from drainage areas of one or more acres will require a sediment settling pond.
(3) At the end of this period the site owner shall hydraulically clean and videotape the storm sewers to the satisfaction of the Village Engineer. All sediments shall be removed from the system and shall not be flushed downstream. The Village shall be provided with two copies of the videotape.
(k) Storm Sewer and Other Drainage Outlets. All storm sewers, footer drains, roof gutter drains, and all other drains will be outletted at the bottom of the slope. The slope below the outlet will be able to control the water being drained through the storm sewer or other drains without causing erosion of the stream or channel banks or channel bottom or other areas that the water is outletted on.
(l) Working Near or Crossing Streams and Wetlands.
(1) Construction vehicles shall avoid water resources, wetlands, riparian areas, and their setbacks. If construction vehicles must cross these areas during construction, an approved temporary crossing shall be constructed. Streams, including intermittent streams with a defined bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. Erodible materials will not be used in making stream crossings.
(2) No soil, rock, debris, or other material shall be dumped or placed into a water resource or into such proximity that it may slough, slip, or erode into a water resource unless such dumping or placing is authorized by the Approving Authority and, when applicable, the U.S. Army Corps of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts, and erosion or sediment control structures.
(3) If construction activities disturb areas adjacent to streams, structural practices shall be designed and implemented on site to protect the adjacent streams from the impacts of sediment runoff.
(4) No temporary or permanent sediment controls will be constructed in a stream channel.
(5) Streams setbacks required by the community will be implemented in accordance with the Village's Riparian Ordinance.
(6) Concentrated storm water runoff from BMPs to natural wetlands shall be converted to diffused flow through the use of level spreaders or other such appropriate measures before the runoff enters the wetland. The flow should be released such that no erosion would occur downslope. Level spreaders may be needed in series to ensure non-erosive velocities.
(7) For the protection of surface waters, the community engineer may allow modification to streams, rivers, lakes, wetlands, or other surface waters if necessary while following EPA standards.
(8) If a culvert or other closed bottom crossing is used, 25 percent of the cross-sectional area or a minimum of one foot of a box culvert or pipe arch must be embedded below the channel bed. The conduit or conveyance must be sized to carry the 25-year storm under these conditions.
(m) Construction Entrance.
(1) Measures shall be taken to prevent soil transport onto public roads or surfaces where runoff is not checked by sediment controls.
(2) Stone with geotextile construction entrance(s) shall be implemented as required by the Village Engineer and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development Manual.
(3) Where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment and street sewer inlet protection is properly installed unless end of sewer sediment ponds exist and are properly functioning.
(4) Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (e.g. wood and stone) can be used.
(n) Unstable Soils.
(1) Unstable soils will be as determined by the Cuyahoga County Soil Survey or by a detailed soils report.
(2) The Village Engineer may require detailed soil reports when deemed necessary.
(3) Unstable soils prone to slipping or land sliding shall not be graded, excavated, filled, or have loads imposed upon them unless the work is performed in accordance with a qualified professional engineer's recommendations to correct, eliminate, or adequately address the problems.
(o) Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion and slippage. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, ground water conditions, and slope stabilization. The minimum final unreinforced soil slopes will have a horizontal to vertical ratio of 3:1, or as otherwise approved by the Village Engineer.
(p) Stabilization of Outfalls and Channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from the planned post- development frequency storm without eroding. The planned post-construction velocity and flow shall include the entire contributing watershed. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide non-erosive velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
(q) Establishment of Permanent Vegetation. A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the Village Engineer, has 80% vegetative density over the entire disturbed area and provides adequate cover, and is mature enough to satisfactorily control soil erosion and survive adverse weather conditions.
(r) Disposition of Temporary Practices. All temporary soil erosion and sediment control practices shall be disposed of immediately after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise required by the Village Engineer. Trapped sediment shall be permanently stabilized to prevent further erosion. The Construction Maintenance Guarantee shall not be released by the Village 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.
(s) Underground Utility Construction. The construction of underground utility lines, pipes, etc. shall be subject to the following criteria:
(1) Trenches shall remain open for no more than five days;
(2) There shall be no turbid discharges to surface waters resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment settling pond or other equally effective sediment control device, prior to being discharged from the construction site or to waters of the State; and
(3) When discharging clean ground water, care must be taken to ensure that it does not become pollutant laden by crossing over disturbed soils or other pollutant sources.
(t) Inspections.
(1) If inspections or other information indicates a control has been used inappropriately or incorrectly or it has failed, it must be replaced or modified for the site conditions.
(2) The owner of the development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven calendar days, and within 24 hours of a 0.5-inch or greater rainfall event until the maintenance organization obtains certification reflecting the site's stability from a the Village's Engineer. Such certification does not relieve the permittee from meeting the Ohio EPA NPDES inspection requirements.
(3) The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., the site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if all of the following conditions are met: the project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e., more than one month); land-disturbance activities have been suspended; and the beginning and ending dates of the waiver period are documented.
(4) Following each inspection, a checklist must be completed and signed by the qualified inspection personnel representative and submitted to the Village Engineer. At a minimum, the inspection report must include:
A. The inspection date along with estimated construction dates;
B. Names, titles, and qualifications of personnel making the inspection;
C. Contact information for construction site operators or contractors;
D. A copy of the permit requirements (attaching a copy of the EPA NPDES Construction General Permit is acceptable)
E. Weather information for the period since the last inspection including the timing, duration, and depth of any storms;
F. Weather information and a description of any discharges occurring at the time of the inspection;
G. Location(s) of discharges of sediment or other pollutants from the site;
H. Location(s) of BMPs that need to be maintained;
I. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
J. Location(s) where additional BMPs are needed that did not exist at the time of the inspection; and
K. Corrective action required including any necessary changes to the Comprehensive Storm Water Management Plan and implementation dates.
(5) The inspection log will include the date and actions taken to correct problems noted in past inspection logs.
(6) Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
(7) Erosion and sediment controls identified in the SMP shall be observed to ensure that they are operating correctly.
(8) Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.
(9) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
(10) Sensitive areas including riparian and wetland setbacks shall be observed to ensure that they remain well marked and undisturbed.
(11) If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of sediment settling ponds, it must be repaired or maintained within three days of the inspection. Sediment settling ponds must be repaired or maintained within ten days of the inspection.
(12) If any inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Construction Site Conservation Plan must be amended and the new control practice must be installed within ten days of the inspection. The amended plan must be submitted to, and approved by, the Village Engineer prior to installation of the new control practice.
(13) If the inspection reveals that a control practice has not been implemented in the time required by this it must be installed within ten days from the date of inspection.
(14) If the inspection reveals that a planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
********"******INSERT INSPECTION AND MAINTENANCE AGREEMENT AND PLAN FROM CHAGRIN RIVER WATERSHED PARTNERS MODEL ORDINANCE FOR STORM WATER MANAGEMENT*************************************************
(u) Control of Materials and Debris. Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the Village's and State's water resources or wetlands. These practices shall include, but are not limited to, the following:
(1) A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum, etc. A second covered dumpster will be provided for the proper disposal of toxic and hazardous wastes.
(2) The washing of excess concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washouts shall be made available and used for all concrete washouts and their locations shall be indicated on the plans. Use for other waste and wastewater is prohibited.
(3) All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self-contained dike, the plug will be kept in the dike tank at all times.
(4) Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. These contaminants include but are not limited to landscape materials such as fertilizers, herbicides, or pesticides.
(5) On a site with a prior industrial land use or a site that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals or other Ohio EPA regulated contaminates, the storm water is considered wastewater. A permit from Ohio EPA is required to address these sites.
(6) Proper permits shall be obtained for development projects on solid waste landfill sites.
(7) Paint, paint washing liquids, excess paints, and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable State regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of these wastes into surface or ground waters.
A. Water-based paint washing liquids and small quantities of excess water based paints may be disposed of by flushing down a connected sanitary sewer but may not be disposed of in an on-lot disposal system.
B. All other paints, paint thinners, and paint cleaning materials will be disposed of in the site's hazardous waste disposal dumpster.
(8) Restroom facilities will be provided for site workers at all times that workers are present on the site and during all phases of the construction.
(9) All required permits from appropriate Federal, State, or local agencies are required to develop land with a previous industrial or commercial use or another use that may have led to soil contamination by a regulated pollutant.
(10) Post construction storm water practices shall provide perpetual management of runoff quality and quantity so that a receiving stream's physical, chemical, and biological characteristics are protected and ecological functions are maintained.
***********1NSERT NON-SEDIMENT POLLUTION CONTROLS FROM CHAGRIN RIVER WATERSHED PARTNERS FROM MODEL ORDINANCE FOR EROSION AND SEDIMENT CONTROL*******************************************************
(v) Pre-Winter Stabilization. If the development area will, or is planned to remain, active through the winter months, the owner of the development area shall hold a Pre-Winter Stabilization Meeting. The meeting will be held before October 1. The owner shall invite the operator, developer, engineer, contractor, Village Engineer and anyone else requested by the Village Engineer to the meeting.
(w) Storm Water Basins.
(1) Pool geometry. The minimum length-to-width ratio for the pond is 3:1.
(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) Principal spillway. Each principal spillway shall be designed in accordance with the NRCS standards and specifications for the office serving the County. Each principal spillway shall have the capacity to pass the 100-year design storm flow. 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.
(4) Emergency spillway. An emergency spillway shall be provided on each 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 the Village Engineer and thereafter approved by Village Council.
(5) Embankments. Each dam embankment shall be designed in accordance with the ODNR and 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.
(6) 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 feet shall be surrounded by benches that meet the following:
1. 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.
2. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (three feet horizontal for every one foot vertical).
3. 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.
4. Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 3:1 (three feet horizontal for every one foot vertical) or as otherwise approved by the Village Engineer.
5. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards.
6. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench.
7. Soil erosion and sediment control practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Ohio Rainwater and Land Development Manual, NRCS Field Office Technical Guide for Cuyahoga County, or the Ohio EPA, whichever is most stringent.
(x) These standards are general guidelines and shall not limit the right of the Village to impose at any time additional, more stringent requirements, nor shall the standards limit the right of the Village to waive, in writing, individual requirements.
(y) Soil limitations shall be determined by using the current edition of the county soil survey written by the NRCS.
(z) Methods for controlling increases in storm water runoff peaks and volumes shall be those that are specified in the Village Manual.
(Ord. 2015-3-5. Passed 4-7-15; Ord. 2017-3-16. Passed 5-2-17.)