Germantown City Zoning Code
CHAPTER 1195
Stormwater Management
1195.01 DEFINITIONS.
All words used in this chapter shall have their customary meaning as defined in Webster’s New World Dictionary and/or Rainwater and Land Development1, except those specifically defined in this Section.
(a) Approval Authority: an official, organization, or group designed to review and approve/disapprove Storm Water Pollution Prevention Plans.
(b) Municipal Manager’s Office: an official, organization, or group designated to provide technical guidance in the development and implementation of Site Development and Storm Water Pollution Prevention Plans and to review and approve/disapprove such plans as authorized.
(c) Buffer: a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited.
(d) Critical Storm: a storm which is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.
(e) Cut: an excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.
(f) Detention Basin: an impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater.
(g) Detention Facility: a detention basin or alternative structure designed to temporarily store stormwater runoff and gradually release the stored water at a controlled rate.
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1 Rainwater and Land Development: Ohio’s Standards for Stormwater Management, Land Development and Urban Stream Protection. Second Edition, 1996. Ohio Department of Natural Resources, as amended.
(h) Development Area: any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth-disturbing activities are planned or underway.
(i) Earth Disturbing Activity: any grading, excavation, filling, or other alteration of the earth’s surface where natural or man-made ground cover is destroyed.
(j) Fill: any act by which earth, and gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(k) Non-structural controls: stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
(l) Parcel: any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.
(m) Peak Rate of Runoff: the maximum rate of runoff for any 24 hour storm of a given frequency.
(n) Pre-Development Conditions: site conditions as they existed prior to manmade alterations and/or earth disturbing activities.
(o) Sediment Basin: a barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
(p) Site Development Plan: the written document or set of plans meeting the requirements of this chapter that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits or earth disturbing activities.
(q) Steep Slope: a slope over eighteen percent (18%) grade, which is characterized by increased run-off, erosion and sediment hazards.
(r) Stop-Work Order: an order issued which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWP3 or Site Development Plan.
(s) Storm Water Management Plan (SMP): the written document meeting the requirements of this chapter regulation that sets forth the plans and practices to be used to minimize stormwater runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.
(t) Storm Water Pollution Prevention Plan (SWP3): the document required by the Ohio EPA for compliance with its NPDES Construction Activity General Permit #OHC000002. The requirements of the SWP3 are required as part of the local jurisdiction’s Stormwater Management Plan as described above and in this regulation.
(u) Storm Frequency: the average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(v) Structural Controls: any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of stormwater runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
(w) Swale: a low lying stretch of vegetated land which gathers and carries surface water.
(x) Temporary Vegetation: short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
(y) Watercourse: any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any areas adjacent thereto which is subject to inundation by reason of overflow of flood water. (Ord. 08-80. Passed 12-1-08.)
1195.02 INTENT AND SCOPE.
(a) The intent of this chapter is to protect the land and water resources of the Municipality of Germantown 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. 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 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 promptly re-vegetate and stabilize 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 Municipality of Germantown for any of the uses listed in subsection (c) hereof shall design, develop, and submit a Site Development Plan as described in Section 1195.04. Said plan will be evaluated to determine the potential for erosion, runoff, and sedimentation impacts that may result from such development activities and the need for submission of a Stormwater Management Plan (SMP) described in Section 1195.05 to minimize these impacts.
(c) This chapter shall apply to both the development and redevelopment of land proposed greater than or equal to 1 acre 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 chapter does not apply to earth disturbing activities associated with agricultural activities.
(e) No earth disturbing activity subject to regulation under this chapter shall be undertaken for any land proposed for development or redevelopment for uses specified under subsection (c) hereof without an approved Site Development Plan as required under Section 1195.04, and, if appropriate, a Stormwater Management Plan (SMP) as required under Section 1195.09.
(f) Final approval of a proposed development or redevelopment shall not be given unless:
(1) A determination is made by the Municipal Manager’s Office based on submission of a site Development Plan as detailed in Section 1195.04 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) A SMP as detailed in Section 1195.05 has been approved by the Municipal Manager or his designee based on the recommendation of the Municipal Manager’s Office that determines 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 a SMP as described in Section 1195.05.
(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 (roadways, water mains, sanitary sewer mains, storm sewers, etc.).
(3) Activities that will modify an existing and/or approved drainage way, drainage structure, and/or drainage easement.
(4) Activities that will channelize, straighten, and/or modify a watercourse within the identified 100 year floodplain (studied and unstudied.)
(h) Any person or persons seeking approval to construct a structure shall be exempted from having to prepare a Site Development Plan and a SMP provided they meet all of the following:
(1) Construction takes place on one parcel.
(2) The earth disturbing activity does not affect more than one acre of the development site at a time.
(3) Is not located within 100 feet of a sensitive natural areas described in subsection (c)(4).
(4) Earth disturbing activities will not modify the general existing site drainage pattern(s), drainage structure, drainage tiles, drainage easements, etc.
(5) One or both of the following:
A. Specifications are obtained and followed for controlling potential off-site stormwater and erosion impacts from small lot building sites set forth by the Municipality of Germantown and the Municipal Manager’s Office.
B. The parcel is part of an overall development plan which has received approval of a SMP and the developer certifies that they will comply with said Plan.
(j) Exemption under subsection (i) does not exempt any person or persons from other provisions of this chapter or liability from their activities.
(Ord. 08-80. Passed 12-1-08.)
1195.03 PERFORMANCE STANDARDS.
(a) All Erosion and Sediment Kept on Site.
(1) Erosion and sedimentation caused by accelerated wind or stormwater runoff over the site due to earth disturbing activities shall be stabilized and confined to within the boundaries of the development site.
(b) Discharge of Untreated Stormwater.
(1) To the maximum extent practicable the site shall not discharge untreated stormwater directly into a receiving body of water.
(c) 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 designated in accordance with requirements and standards specified in this chapter and/or by the Municipal Manager’s Office.
(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 Municipal Manager’ Office.
(4) In designing stormwater detention and retention facilities, water quality benefits shall be considered to the maximum extent practicable, per EPA Permit OH C000002 or later updates.
(d) Stream and Wetland Riparian Buffers.
(1) The site owner and/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 Village Manager’s Office and other applicable agencies. Buffer width will be determined on a case by case basis using criteria such as floodplain, topography, vegetative cover, canopy cover, and soil types, etc.
(e) Channel Protection.
(1) To protect stream channels from degradation specific channel protection criteria shall be provided as prescribed in the latest edition of Rainwater and Land Development.
(f) Temporary Stabilization of Disturbed Areas and Soil Stockpiles.
(1) A temporary vegetative cover shall be established on disturbed areas as specified in Table 1 below.
Table 1: Temporary Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed areas within 50 feet of a stream and not at final grade. |
Within 2 days of the recent disturbance if that area will remain idle for more than 21 days. |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 21 days but less than one year. |
Within 7 day s of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter. |
Prior to onset of winter weather. |
(2) Application practices 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.
(g) Permanent Stabilization.
(1) A permanent vegetative cover shall be established on disturbed areas as specified in Table 2 below.
Table 2: Permanent Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
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 and will survive severe weather conditions. In the interim the owner/developer is responsible to maintain appropriate erosion control measures.
(h) Cut and Fill Slopes.
(1) 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, ground water conditions and other applicable factors. If after final grading excessive erosion takes place, 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.
A. Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
B. 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.
C. Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate channel, flume or slope drain structure.
D. Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
(i) Protection of Adjacent Properties/Public Rights of Way.
(1) Properties, public rights of way, 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.
(j) Sediment Control Structures.
(1) Sediment control structures shall be used to control erosion and trap sediment on a site remaining disturbed for more than 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 upslope 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 and until the site is stabilized with permanent vegetation. The owner/developer is responsible to maintain erosion control measures until the Municipal Manager’s Office determines stabilization is complete.
(3) Sheet slow runoff from the site shall be intercepted by silt fence or diversions. 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 3 below.
Table 3: 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) 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 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 per the latest edition of the Municipality of Germantown Subdivision Regulations. The Municipal Manager’s Office may require sediment basins or traps for smaller disturbed areas where deemed necessary.
(k) Stabilization of Waterways and Outlets.
(1) All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow without erosion. Methods adequate to prevent erosion shall also be provided at the outlets of all pipes and paved channels.
(2) Land owner/developer is responsible to maintain erosion control measures and document maintenance every 7 calendar days or when rainfall exceeds ½ inch in a 24 hour period.
(3) All documentation is to be submitted to the Municipal Manager’s Office on the first of every month.
(l) Storm Sewer Inlet Protection.
(1) 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.
(m) 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 subsection (m)(1) above.
(n) Maintenance and Removal of Temporary Measures.
(1) All temporary erosion and sediment control practices shall be maintained and repaired to assure continued 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 reestablished and be permanently stabilized to prevent further erosion and sedimentation.
(o) Control of Construction Site Debris and Wastes.
(1) All owners, applicants, contractors and developers shall control wastes such as discarded building materials, concrete truck washouts, chemicals, litter, and sanitary waste on construction sites and shall keep streets and gutters clear of all sediment and debris from the site.
(p) Use, Safety, and Maintenance of Stormwater Practices.
(1) Stormwater management practices shall be designed for the ultimate use of the site and function safely and 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 10 days of the inspection.
(q) Inspection of Stormwater Controls (See Section 1195.06(g) for Specific Requirements).
(1) All on-site control practices shall be periodically inspected to ensure proper function and to identify failures and repaired as necessary.
(2) On 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.
(1) All permanent stormwater management measures shall have easements sufficient to cover the facility and to provide access for inspection and maintenance. The minimum easement width is lost unless deemed otherwise by the Municipal Manager’s Office.
(s) Status of Standards.
(1) 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 Municipal Manager’s Office in conjunction with the subdivision review process.
(Ord. 08-80. Passed 12-1-08.)
1195.04 SITE DEVELOPMENT PLAN.
(a) Any person seeking approval of land development proposals for use types listed in Section 1195.02(c) shall develop and submit a Site Development Plan as detailed in subsection (c) hereof.
(b) The applicant is encouraged to have a pre-submission meeting with the Municipal Manager’s Office.
(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 the proposed earth disturbing activities. At a minimum the Plan shall include the following elements:
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, etc.)*
C. A photocopy of the appropriate soil survey sheet found in the USDA Soil Survey of Montgomery 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, water wells, etc., 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 and/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, etc.*
E. An estimate of the impervious area and percent 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 Municipal Manager’s Office shall review the Site Development Plan and conduct a site inspection of the proposed site.
(3) Following its review the Municipal Manager’s Office shall:
A. Approve the Site Development Plan; or
B. Require the submission of a Stormwater Management Plan (SMP) Based on written findings of the Municipal Manager’s Office.
(Ord. 08-80. Passed 12-1-08.)
1195.05 STORMWATER MANAGEMENT PLAN (SMP) REQUIREMENTS.
(a) Stormwater management Plans (SMPs) 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 site both during and after site development. This information includes, but is not limited to, site grading, stormwater management facilities and practices, erosion and runoff control information, maintenance plans, and other measures that focus on managing the effects of earth disturbing activities that occur as a result of site development.
(b) Each SMP shall provide site designs that meet the Performance Standards presented in Section 1195.03 and provide practical treatment for both water quality and quantity of stormwater from the site as appropriate.
(c) In general, SMPs need to address:
(1) Erosion and Sediment Control. Providing measures to ensure that earth disturbing activities at the site during and after development will be managed in a manner that will not result in increased erosion and sedimentation from the site resulting in impacts to water quality and that meet the Performance Standards specified in Section 1195.03.
(2) Runoff Control. Providing measures to insure that the quantity of surface water runoff from the development site during and after construction will mimic the pre-development conditions and that meet the Performance Standards specified in Section 1195.03.
(d) If a SMP is required under Section 1195.02(h) such plan shall specifically include all the following and be included with the final construction document submission:
(1) The minimum elements required in the Site Development Plan described in Section 1195.04(c)(1)A.-D.
(2) The contents of the Storm Water Pollution Prevention Plan (SWP3) required by the Ohio EPA’s NPDES Construction Activity Permit #OHC000002 and incorporated herein by reference. This plan may be submitted as developed for the Ohio EPA, in conjunction with the other requirements of Section 1195.05(d). The contents of the Ohio EPA’s SWP3 include, but are not limited to:
A. A description of prior land uses at the site.
B. Existing data describing the soils on the site and, if available, the quality of any discharge from the site.
C. A determination of runoff coefficients for both the pre- construction and post-construction site conditions.
D. For all large earth-disturbing activities (involving the disturbance of five or more acres of land or which will disturb less than five acres, but are part of a larger common plan of development or sale which will disturb five 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).
E. For all small earth-disturbing activities (which disturb one or more, but less than five acres of land and are not part of a larger common plan of development or sale which will disturb five or more acres of land), a description of measures that will be installed during the development process to control pollutants in stormwater discharges that will occur after construction operations have been completed.
F. 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 stormwater management practices or facilities to be employed during each operation of the sequence.
G. 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.
H. A detailed description of the stormwater controls to be incorporated and how these meet or exceed the appropriate Performance Standards presented in Section 1195.03. This shall include the identification of which entity (developer, contractor, owner) 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).
I. A detailed maintenance plan that describes procedures (e.g. inspections) needed to ensure the continued performance of control practices. Such plans must ensure that pollutants collected within structural post-construction practices, be disposed of in accordance with local, state, and federal regulations.
J. A Site Map that includes:
1. Limits of earth-disturbing activity of the site including associated off-site borrow or spoil areas.
2. Soil types on the site, including locations of unstable or highly erodible soils.
3. Existing and proposed contours. A delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed, in acres.
4. Existing and planned locations of buildings, roads, parking facilities and utilities.
5. The location of all erosion and sediment control practices, including areas likely to require temporary stabilization during site development.
6. Sediment and storm water management basins noting their sediment settling volume and contributing drainage area.
7. Permanent stormwater management practices to be used to control pollutants in stormwater after construction operations have been completed.
8. 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.
9. The location of designated construction entrances where vehicles will access the site.
10. 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 SMP submissions. These may include, but are not limited to, Ohio EPA NPDES Permits authorizing stormwater discharges associated with construction activity, Ohio EPA Phase II Stormwater 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 (h) hereof.
(g) Stormwater 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 stormwater practices.
(h) Supplemental Requirements.
(1) Determination of Post Development Runoff.
A. Each SMP shall include an evaluation of pre-development conditions together with during, and post-development impacts, that quantifies the volume and rate of runoff from the site by subdrainage areas. This evaluation shall be prepared according to methods prescribed in the latest edition of Rainwater and Land Development 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, individual subdrainage unit for a 24-hour storm of a one- year frequency.
4. Include a hydrograph for a 24-hour storm of the critical frequency to be controlled and all calculations made pertinent to evaluating the effects of the proposed development on the pre-development runoff conditions of the site.
B. Calculations for the design of stormwater management facilities shall demonstrate the following for each subdrainage unit:
1. The peak rate of runoff from the Critical Storm and all more frequent storms occurring on the site does not exceed the peak rate of runoff from a one (1) year frequency, twenty-four (24) hour storm occurring on the same site under pre-development conditions.
2. Storms of less frequent occurrence than the Critical Storm, up to the 100 year storm shall have their peak runoff rates no greater than the peak runoff rates from equivalent storms under pre-development conditions. Consideration of the 1,2,5,10, 25, 50, and 100 year storms in design and construction will be considered meeting this standard.
C. Calculation of a critical storm for each subdrainage unit of the site shall be determined as follows:
1. Calculate by appropriate hydrologic methods, such as the NRCS Technical Release 552 , total volume of runoff from a one-year frequency, 24-hour storm occurring on the development area before, during, and after development.
2. From the volumes determined in subsection (h)(1)C.1. above, determine the percentage increase in volume of runoff due to the proposed development, and using this percentage, select the 24-hour critical storm from this table:
% Equal to or Greater Than | % Less Than | The Critical Storm for Peak Rate Control |
-- |
10 |
1 year |
10 |
20 |
2 years |
20 |
50 |
5 years |
50 |
100 |
10 years |
100 |
250 |
25 years |
250 |
500 |
50 years |
500 |
-- |
100 years |
_________________________
2Urban Hydrology for Small Watersheds, Technical Release 55. 1986. Natural Resources Conservation Service.
D. The Municipal Manager’s Office shall approve or reject any calculation method based on its technical validity for the given situation.
(2) Off-Site Stormwater Control Facilities.
A. Exceptions to requiring permanent on-site runoff control on the site may be considered by the Municipal Manager’s Office provided the applicant can prove that:
1. The intent and standards of this chapter for runoff control can be best achieved by the utilization of off-site stormwater control facilities.
2. Runoff from the site can be conveyed to off-site stormwater facilities in a manner and by means which satisfies or surpasses the standards of this chapter.
(3) Stormwater Management Plan Submission, Review and Action.
A. The applicant is to have a pre-submission meeting with the Municipal Manager’s Office as part of the preliminary plan approval process.
B. Submission of two (2) sets of the SMP and other supporting data required by this regulation to the Municipal Manager’s Office completes the applicant’s responsibilities and initiates the review process.
C. The SMP shall be reviewed by the Municipal Manager’s Office to:
1. Verify background information furnished by the applicant and evaluate the proposed development in relation to existing site conditions.
2. Assess the SMP in relation to the Performance Standards and requirements of this chapter.
D. The Municipal Manager’s Office shall either:
1. Approve the SMP as submitted by the applicant; or
2. Disapprove the SMP with comments.
E. Action by the Municipal Manager’s Office approving or disapproving the SMP is a final order for purposes of judicial review. (Ord. 08-80. Passed 12-1-08.)
1195.06 COMPLIANCE RESPONSIBILITY.
(a) Performance Liability.
(1) No provision of this chapter shall limit, increase or otherwise limit the liabilities of the applicant nor impose any liability upon the Municipality of Germantown not otherwise imposed by law.
(b) No Release From Other Requirements.
(1) 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.
(c) Proceeding with Activity.
(1) Soil-disturbing activities regulated under this regulation shall not begin until all necessary state and federal permits and appropriate approvals of Site Development Plans or Stormwater Management Plans have been granted to the site owner/applicant and presented to the Municipal Manager’s Office.
(d) Performance Responsibility.
(1) The applicant is responsible for carrying out all provisions of the approved Site Development Plan or SMP and for meeting all the standards and requirements of this regulation.
(e) Enforcement.
(1) All development sites are subject to inspections by the Municipality of Germantown Municipal Manager’s office to ensure compliance with the approved Site Development Plan or SMP.
(2) After each inspection a status report shall be prepared and distributed by the owner/developer to the Municipal Manager’s Office.
(3) If it is found that the operations are being conducted in violation of the approved Site Development Plan and SMP, a stop-work order may be issued until the identified violations cease.
(4) After the issuance of a temporary stop-work order provided for in subsection (e)(3) above, but before the imposition of any fines, the applicant shall have the opportunity to request a hearing before the Municipal Manager’s Office to show cause why work should not be stopped. A hearing shall be scheduled at the time that a request for such a hearing is made to the Municipal Manager’s office.
(5) Following the issuance of a temporary stop-work order, the Municipal Manager’s Office shall determine if and when the development may proceed. All work must be terminated when temporary stop-work order is issued. A hearing will be held within one work week. Any determination by the Municipal Manager’s Office(s) pursuant to this section is a final order for purposes of judicial review.
(f) Penalties Subsequent to Issuance of Stop-Work Order.
(1) Subsequent to the issuance of a stop-work order, one or more of the following penalties may be imposed.
A. If the earth disturbing activity involves a subdivision, the applicable penalties (including fines) provided for in the Subdivision Regulations of the Municipality of Germantown shall apply.
B. The Municipal Manager’s Office on behalf of the Municipality of Germantown may enter the site and make any modifications necessary to correct the situation(s) involving excessive erosion or sedimentation, and place the cost of such corrective actions on the tax duplicate of the developer/owner.
C. The Municipal Manager’s Office may request the legal representative of the Municipality of Germantown to seek an injunction or other appropriate relief to abate excessive erosion or sedimentation and secure compliance with this chapter. In granting such relief, the court may order the construction of sediment control improvements and/or the implementation of other control measures and/or fines as identified in Section 1195.06(l)(1) or any other relief the court determines.
(g) Internal Inspections.
(1) All controls on the site shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch or rain per 24 hour period. The site owner and/or applicant shall assign certified inspection personnel experienced in the installation and maintenance of erosion and runoff controls to conduct these inspections to ensure that all stormwater control practices are functional, that all provisions of the SMP and this regulation are being met, and whether additional control measures are required.
(2) The site owner shall maintain for three (3) years following the final stabilization of the site a record summarizing inspections, name(s) and qualifications of personnel making the inspections, the date(s) of inspections, major observations relating to the implementation of the SMP and a certification as to whether the site is in compliance with the SMP and identify any incidents of non-compliance.
(h) Ownership and Maintenance of Stormwater Facilities.
(1) In cases where stormwater control facilities are proposed on single private properties, the Municipal Manager’s Office shall approve an inspection and maintenance agreement. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(2) In the case of proposed subdivisions, inspection and maintenance agreements shall be approved before the Municipality of Germantown accepts the final plat of the proposed subdivision. This agreement shall bind all current and subsequent owners of land served by the stormwater facilities.
(3) All inspection and maintenance agreements shall do the following:
A. Designate the party(ies) responsible for the maintenance of all stormwater management facilities and practices including mowing, landscaping, debris pick-up, and to ensure all inlet and outlet structures are free of obstructions and in good repair.
1. For subdivisions, unless otherwise approved by the Municipality of Germantown, this shall be an entity of common ownership (e.g. Land/Homeowner’s Association) within the proposed subdivision. Each parcel sold in the proposed subdivision shall require continued membership in the Land/Homeowners Association.
B. Prohibit unauthorized alterations of all stormwater management facilities.
C. Provide adequate access to all stormwater management facilities for inspection by the Municipality of Germantown Municipal Manager’s Office and corrective actions by the owner.
(4) All stormwater management facility easements shall be on the final plat, prior to approval by the Municipality of Germantown, and a reference shall be made to the entity or individual(s) responsible for their maintenance.
(5) The owner/developer shall submit four (4) sets of as-builts of all stormwater facilities and improvements to the Municipality of Germantown.
(6) The Municipal Manager’s Office may require the owner and/or the applicant to follow the maintenance procedure outlined in Section 6131.63 of the Ohio Revised Code. The Municipal Manager’s Office may require of the owner and/or applicant any one or all of the following prerequisites:
A. Benefit two or more property owners.
B. Are designed for cost-effective maintenance.
C. Are determined by the Municipal Manager’s Office to be appropriate additions to this jurisdiction’s existing storm drainage system.
D. Are not better suited for private maintenance by an individual or group of property owner(s), with ultimate responsibility for maintenance in the event of default on the part of the owner(s) remaining with jurisdiction.
(7) The following conditions shall apply to all drainage easements:
A. Easements shall be approved by the Municipal Manager’s office prior to approval of the final plat and shall be recorded with said plat.
B. Unless otherwise required by the Municipal Manager’s Office drainage easements shall be no less than ten (10) feet wide unless deemed otherwise, plus the width of the stormwater facility(ies).
C. Unless otherwise required by the Municipal Manager’s Office stormwater management facilities, including basin, ponds or other retention/detention practices, shall be on separate lots held and maintained by an entity of common ownership (Land/Homeowners Association).
D. Those lots that contain and/or are crossed by a drainage easement shall have the following restriction – “Any lot area reserved for drainage purposes, shall at all times be kept free of any obstructions to the flow of water. No improvements or modifications within the identified drainage easement area will be allowed without the approval of the Municipal Manager’s Office. Maintenance of the drainage easement area, stormwater control facility(ies), and ditches shall be the responsibility of the owner(s) of the lot on which these facilities and/or ditches are located.”
(i) Schedule of Fees.
(1) The Municipality of Germantown shall establish a schedule of fees, charges, expenses, and collection procedure for same and other matters pertaining to this chapter. The schedule of fees shall be posted at the applicable Municipality of Germantown offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(j) Complaints.
(1) The Municipal Manager’s Office shall investigate any complaint related to earth disturbing activities covered by this chapter.
(k) Violations.
(1) No person shall violate or cause or knowingly permit to be violated any of the provisions of this chapter, 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 chapter or in violation of any approval permit granted under this chapter.
(l) Penalties.
(1) Violation of any provision of this chapter or any amendment or supplement thereto, or failure to comply with any of the requirements herein shall constitute a misdemeanor. Any person or persons violating any of the provisions herein shall upon conviction be fined not less than twenty-five (25) dollars nor more than one hundred dollars ($100.00) or imprisoned for not more than thirty (30) days, or both and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(2) Upon notice from the Municipal Manager’s Office, that work is being done contrary to this chapter, such work shall immediately stop. Such notice shall be in writing and shall be given to the applicant, and shall state the conditions under which such work may resume; provided, however, in instances where immediate action is seemed necessary for the public safety or the public interest, the Municipal Manager’s Office may require that work be stopped upon verbal order pending issuance of the written order.
(3) The imposition of any other penalties provided herein shall not preclude the Municipality of Germantown, by or through its Law Director and/or any of its assistants, from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Municipal Manager’s Office.
(m) Effective Date and Validity.
(1) This chapter shall become effective within the Municipality of Germantown upon adoption as provided by State law. If any section, subsection, paragraph, clause, phrase, or provision of this chapter is adjudged invalid or held unconstitutional, such a decision shall not affect or void any of the remaining portions.
(2) This chapter shall be effective as an exception to any ordinance, resolution or other legislation of the Municipality of Germantown, Ohio, inconsistent with this chapter or which imposes additional requirements for effectiveness or validity. (Ord. 08-80. Passed 12-1-80.)