Kent City Zoning Code
TITLE NINE
Water Resource Management
CHAPTER 1195 Floodways and Floodplains
EDITOR’S NOTE: Former Chapter 1195 was repealed by Ordinance 2009-61, passed June 17, 2009. See Chapter 1337 for current regulations.
1193.01 GENERAL.
All Developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:
(a) No Development may be constructed or maintained so that such Development unreasonably impedes the natural flow of water from higher adjacent properties across such Development, thereby unreasonably causing substantial damage to such higher adjacent properties; and
(b) No Development may be constructed or maintained so that surface waters from such Development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.
(Ord. 2017-17. Passed 3-15-17.)
1193.02 DEFINITIONS.
These definitions shall incorporate any additions or revisions contained in the most current Ohio NPDES Statewide Construction Storm Water General Permit.
(1) Best Management Practices (BMPs) Also Storm Water Control Measures (SCMs): The schedules of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control storm water volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(2) Clean Water Act (also referred to as Act) Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117 and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972 and any subsequent amendments thereto.
(3) Commencement of Construction: The initial Disturbance of soils associated with clearing, grubbing, grading, and placement of fill or excavating activities or other construction activities.
(4) Comprehensive Storm Water Management Plan: The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate or minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
(5) Concentrated Storm Water Runoff: Any Storm Water runoff which flows through a drainage pipe, ditch, diversion or other discrete conveyance channel.
(6) Development: The carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.
(7) Development Area: A parcel of contiguous parcels owned by one person or persons, or operates as one development, unit and used or being developed for commercial, industrials, residential, institutional or other construction or alteration that changes runoff characteristics.
(8) Development Drainage Area: A combination of each hydraulically unique watershed with individual outlet points on the development area.
(9) Development Engineer: A licensed professional engineer designated by the Community Development Director to be responsible for performance of the engineering and inspection services as may be assigned by the Community Development Director.
(10) Director: The director of the Community Development Department for the City of Kent, Ohio or his/her designee.
(11) Discharge: The addition of any pollutant to the Surface Waters of the State from a Point Source.
(12) Disturbance: Any clearing, grading, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.
(13) Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(14) Drainage: The removal of excess surface water or groundwater from land by surface of subsurface drains.
(15) Drainage Watershed: For purposes of the most current Ohio NPDES Statewide Construction Storm Water General Permit the total contributing drainage area to a BMP/SCM, i.e., the "watershed" directed to the practice. This would also include any off-site drainage.
(16) Erosion: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of these forces.
(17) Extended Detention Facility: A storm water control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(18) Final Stabilization: means that either:
(A) All soil disturbing activities at the site are complete and a uniform perennial vegetative cover (e.g. evenly distributed, without large bare areas) with a density of at least 80 percent cover for the area has been established on all unpaved areas and areas not covered by permanent structures or equivalent stabilization measures (such as the use of landscape mulches, rip-rap, gabions, or geotextiles) have been employed. In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion; or
(B) For individual lots in residential construction by either:
a. The homebuilder completing Final Stabilization as specified above or
b. The homebuilder establishing Temporary Stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for and benefits of, Final Stabilization. (Homeowners typically have an incentive to put in the landscaping functionally equivalent to Final Stabilization as quick as possible to keep mud out of their homes and off sidewalks and driveways); or
(C) For construction projects on land used for agricultural purposes (e.g. pipelines across crop or range land), Final Stabilization may be accomplished by returning the disturbed land to its pre-construction agricultural use. Areas disturbed that were previously used for agricultural activities, such as buffer strips immediately adjacent to Surface Waters of the State and which are not being returned to their pre-construction agricultural use, must meet the Final Stabilization criteria in (1) or (2) above.
(19) Grading: The process in which topography of the land is altered to a new slope.
(20) Impervious Area: Any surface that cannot effectively absorb or infiltrate water. That may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
(21) Individual Lot NOI: A Notice of Intent for an individual lot to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
(22) Infiltration Control Measure: A storm water control measure that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate in to the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
(23) Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(24) Low Impact Development (LID): A site design approach which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID's goal is to mimic natural hydrology and process by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire storm water. LID storm water control measures (SCM's) are uniformly and strategically located throughout the site.
(25) Maximum Extent Practical (MEP): The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under C.F.R. Parts 9, 122, 123 and 124, or most current Ohio NPDES Statewide Construction Storm Water General Permit also referred to as the NPDES Storm Water Phase II, must meet.
(26) MS4: Municipal separate storm sewer system which means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) that are:
(A) Owned or operated by the federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including special district under state law such as a sewer district, flood control district or drainage districts or similar entity or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into water resources; and
(B) Designed or used for collecting or conveying solely Storm Water,
(C) Which is not a combined sewer, and
(D) Which is not a part of a publicly owned treatment works.
(27) National Pollutant Discharge Elimination System (NPDES) A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(28) NOI: Notice of Intent to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
(29) Non-Structural Storm Water Control Measure (SCMs): Any technique that uses natural processes and features to prevent or reduce the discharge or pollutant to water resources and controls storm water volume and rate.
(30) NOT: Notice of Termination to be covered by the most current Ohio NPDES Statewide Construction Storm Water General Permit.
(31) Operator(s): Any party associated with a construction project that meets either of the following two criteria:
(A) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(B) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with an SWP3 for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP or comply with other permit conditions).
(C) There can be more than one Operator(s) at a site and under these circumstances, the Operator(s) shall be co-permittees.
(32) Ordinary High Water Mark: That line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
(33) Owner(s): The Qwner Owner of any "facility or activity" subject to regulation under the NPDES program.
(34) Permanent Stabilization: The establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip-rap and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further Disturbance is expected for at least one year.
(35) Percent imperviousness: The impervious area created divided by the total area of the project site.
(36) Point Source: Any discernable, confined and discrete conveyance, including but not limited to, any pipe ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling rock, concentrated animal feeding operation, landfill leachate collection system, vessel or the floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural Storm Water runoff.
(37) Post-Development: The condition that exists following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate. volume, quality or direction of storm water runoff.
(38) Pre-Construction Meeting: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.
(39) Pre-Development: The condition that exists prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality, or direction of storm water runoff.
(40) Professional Engineer: A Professional Engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors
(41) Qualified Inspection Personnel: A person knowledgeable in the principles and practice of erosion and sediment controls, who possesses the skills to assess all conditions at the construction site that could impact Storm Water quality and to assess the effectiveness of any sediment and erosion control measures selected to control the quality of Storm Water Discharges from the construction activity.
(42) Rainwater and Land Development: A manual describing construction and post-construction Best Management Practices and associated specifications. A copy of the manual may be obtained by contacting the Ohio Department of Natural Resources, Division of Soil & water Conservation.
(43) Riparian Area: The transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, increase stream shading and enhance wildlife habitat, and as outlined in Chapter 1201.
(44) Runoff: The portion of rainfall, snow melt or irrigation water that flows across the grounds surface and is eventually returned to water resources.
(45) Runoff Coefficient: The fraction of total rainfall that will appear at the conveyance as runoff.
(46) Sediment: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice or gravity as a product of erosion.
(47) Sediment Settling Pond: A sediment trap, sediment basin or permanent basin that has been temporarily modified for sediment control, as described in the latest edition of Rainwater and Land Development Manual.
(48) Sedimentation: The deposition of sediment in water resources.
(49) Special Flood Hazard Area (SFHA): The area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year.
(50) State Isolated Wetland Permit Requirements: The requirements set forth in Section 6111.02 through 6111.029 of the ORC.
(51) Storm Water: Storm Water runoff, snow melt runoff and surface runoff and drainage.
(52) Storm Water Control Measure (SCM): Also Best Management Practice (BMP): Schedules of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control storm water volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(53) Structural Storm Water Management Practice or Storm Water Control Measure (SCM): Any constructed facility structure or device that prevents or reduces the discharge of pollutants to water resources and controls storm water volume and rate.
(54) Surface Water of the State or Water Bodies: Also Water Resources. All streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways which are situated wholly or partially within the boundaries of the state, except those private waters which do not combine or affect a junction with natural surface or underground waters. Water defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the ORC are not included.
(55) SWPPP or SWP3: Storm Water Pollution Prevention Plan.
(56) Temporary Stabilization: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
(57) Total Maximum Daily Load: The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standards.
(58) Water Quality Volume (WQv): The volume of Storm Water runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.
(59) Water Resource: See Surface Water of the State or Water Bodies
(60) Water Resource Crossing: Any bridge, box, arch, culvert, truss or other type of structure intended to convey people, animals, vehicles or material from one side of a watercourse to another. This does not include private, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
(61) Watershed: The total drainage area contributing storm water runoff to a single point.
(62) Wetland: Those area that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs an similar areas (40 CFR 232, as amended.
(Ord. 2017-17. Passed 3-15-17.)
1193.03 DEVELOPMENT PERMIT REQUIRED.
(a) A Development Permit shall be obtained before construction or Development begins. Application for a Development Permit shall be made pursuant to Chapters 1105, 1181 and 1339. In addition, Development within a Special Flood Hazard Area as established in Section 1337
(Floodplain Damage Control) shall comply with Chapter 1337 and 1201.
1193.04 COMPREHENSIVE STORM WATER MANAGEMENT PLANS.
In order to control Storm Water damage and sediment pollution of water resources, wetlands, Riparian Areas, other natural areas, and public and private lands, the developer shall be responsible for preparing a Comprehensive Storm Water Management Plan including a Storm Water Pollution Prevention Plan (SWP3). A. Comprehensive Storm Water Management Plan must be developed and implemented for all commercial and industrial site development. The City of Kent may require a comprehensive storm water management plan on sites disturbing less than one (1) acre. A SWP3 shall be prepared in accordance with sound engineering and/or conservation practices by a professional experienced in design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction. The SWP3 shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with construction activities. The SWP3 shall be a comprehensive, stand-alone document. Such plans must contain a description of controls appropriate for each construction operation covered by these regulations, and how the quantity and quality of storm water will be managed after construction is completed for every discharge from the site and/or into a water resource or small municipal separate storm sewer system (MS4). Operator(s) must implement such controls in a timely manner. The SWP3 shall describe and ensure the implementation of Best Management Practices (BMPs) or SCMs that reduce the pollutants in storm water discharges during construction and pollutants associated with post-construction activates. The SWP3 and BMPs/SCMs used to shall satisfy the conditions of these regulations shall meet the standards and specifications in the current edition of the State of Ohio's Rainwater and Land Development manual and the most current Ohio NPDES Statewide Construction Storm Water General Permit. The plans must make use of practices which preserve the existing natural condition to the Maximum Extent Practicable (MEP).
(a) Small Development Sites: Developments that have disturbed areas smaller than one (1) acre in total size may submit abbreviated Storm Water Management plans for Site Plan review, Development Plan review, or the requested permit(s). The abbreviated plan must cover the following items, in addition to any other items from this ordinance that are required by the Director:
(1) A description of the nature and type of the construction activity (e.g. low density residential, shopping mall, highway, etc.)
(2) A cover page or title identifying the name and location of the site, the name and contact information of all construction site Operator(s), the name and contact information of the person responsible for authorizing and amending the SWP3, preparation date, and the estimated dates that construction will start and be complete.
(3) Storm Water Issues: A statement as to how the increased Storm Water runoff and decreased Storm Water quality that will be caused by the Development will be handled, and a statement of what Best Management Practices (BMPs)/Storm Water Control Measures (SCMs) the Development will include in order to address them. When a Development is proposed to demolish an older existing structure, the developer may request, in writing, that the Director exempt such Developments from the Storm Water regulations of this chapter, if it can be demonstrated that controls are infeasible at the project location and create an undue burden without commensurate benefits to the receiving stream. Undue burden shall be calculated by the Development Engineer.
(4) Site specific topographic plans drawn to scale showing the nature, location or dimensions and elevations of the area in question;
(5) The location of existing or proposed structures, fill, storage of materials, and drainage.
(6) Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in Special Flood Hazard Areas where base flood elevation data are utilized;
(7) Type, size, location, grade and elevations (including their proposed invert at the building wall) for all site drainage including, but not limited to curbs and gutters, curb inlets and curb cuts, drainage grates, catch basins, trenches, manholes, pipes, drainage ditches, roof drain connections to the storm sewer together with Storm Water run-off calculations, pipe size calculations, pre- and post-Development runoff factors, and Storm Water retention or detention (where required) calculations and provisions.
(8) Approximate direction and gradient of ground slope including any embankments or retaining walls and the delineation of existing drainage patterns, waterways, and Water Bodies (including intermittent and ephemeral streams, rivers and their related river or stream bank, ponds, drainage ditches, lakes, and swamps) located within 200 feet of the site, including:
A. Boundaries and elevation of floodways and floodplains as delineated in the Flood Insurance Rate Map of the Flood Insurance Study by the Federal Emergency Management Agency, or any other existing watercourses or Water Bodies that appear on 1:24,000 U.S.G.S. maps other sources of flood information in accordance with Section 1337.01
(f).
B. Location of wetlands (a wetlands delineation conducted by a certified wetlands biologist or approval by the Army Corps of Engineers);
(9) All existing and planned, temporary and permanent, hydro-seeding, soil erosion and sediment control conservation practices for the site. Residential lots shall include BMPs/SCMs designs which meet the standards and specifications of the State of Ohio's Rainwater and Land Development manual, including but not limited to:
A. Construction entrance, and;
B. Temporary grass seeding with 2 tons per acre of straw mulch, and;
C. Storm drain inlet protection around every storm yard inlet on the site, and;
D. Silt fence, filter sock or other protection for any stream located on or close to the site and lacking an adequate vegetative buffer, and
E. Construction fence to protect any conservation easements from encroachment.
F. Concrete truck washout
G. Street Sweeping
H. Final Stabilization
(10) Certification by a registered professional engineer or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 1337.04
(e) (Nonresidential Structures) where base flood elevation data are utilized.
(11) Soil disturbing activities shall not begin and zoning permits shall not be issued without
A. Approved SWP3 or Abbreviated SWP3
B. Installation of erosion and sediment controls
(12) SWP3 for individual sublots in a subdivision will not be approved unless the larger common plan of development or sale containing the sublot is in compliance with this regulation.
(13) A long term Inspection and Maintenance Plan and an Inspection and Maintenance Agreement per Section 1199.03
(b) Large Development Sites: All Developments or Larger Common Plan of Development or Sale with disturbed areas equal to or larger than one (1) acre in size shall submit a Comprehensive Storm Water Management Plan outlining the following controls to be established to prevent sediment pollution of the water resources, wetlands, riparian buffers, and public and private properties:
(2) A general project description including the nature, type, total area expected to be disturbed, estimate of impervious area and percent impervious created, prior land uses at site, limits of soil-disturbing activity on the site spoil and borrow areas, and purpose of earth-disturbing activity and the Storm Water Management strategy proposed to meet this ordinance, including: the implementation schedule describing the sequence of major construction operations (i.e. clearing, grubbing, excavating, grading, utilities, and infrastructure installation) plus the implementation of erosion,
sediment and Storm Water management practices or facilities to be employed during each operation of the sequence, location and design calculations for all permanent Storm Water conveyance, detention and retention structures, and other Storm Water control structures, and any other Storm Water management-related items as may be required by the Director.
(3) A vicinity sketch locating the Development and all pertinent surrounding features within 1000 feet, including surface water locations, including springs, wetlands, streams, lakes water wells, riparian buffers, conservation easements, and other sensitive natural resources including items (D. - F.) under 1193.04(b)(46) of this Chapter. 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.
(4) Topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed Storm Water collection system, including:
A. Existing and proposed watershed boundary lines, direction of flow and watershed acreage.
B. The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive Discharges from disturbed areas of the project. The point of discharge to the MS4 and the location where the MS4 ultimately discharges to a stream or surface water of the state shall be indicated. If applicable, identify the point of discharge to a municipal separate storm sewer system and the location where that municipal separate storm sewer system ultimately discharges to a stream, lake, or wetland. The location and name of the immediate receiving stream or surface water(s) and the first subsequent receiving water(s) and the aerial extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from undisturbed areas of the project.
(5) List TMDLs applicable for the site and demonstrate that appropriate BMPs/SCMs have been selected to address these TMDLs
(6) For each BMP/SCM, identify the drainage area, percent impervious cover within the drainage area, runoff coefficient (both pre- and post-construction) for water quality volume, peak discharge, and time of concentration for each subwatershed per Appendix 1 of Ohio's storm water manual, Rainwater and Land Development. Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the Development Engineer. Identify the BMP/SCM surface area, discharge and dewatering time, outlet type and dimensions. Each BMP/SCM shall be designated with an individual identification number.
A. The location of areas receiving runoff from the Development.
B. The limits of clearing operations and earth-disturbing activity and any new contour lines resulting from earth movement (shown as solid lines) with no larger than two-foot contour intervals (existing should be shown as dotted lines) including associated off-site borrow or spoil areas that are not addressed by a separate NOI and associated SWP3.
C. Existing and planned locations of buildings and areas with hard or impervious surfaces, as well as utilities that may affect soil erosion and sediment control.
D. The types of soils within, or affected by, the Development area,
and the location of all highly erodible or unstable soils as determined by the most current edition of the soil survey of Portage County, by the NRCS - USDA or an onsite, detailed Soils Engineering Report if required by the Director. Also include quality of any known pollutant discharge from the site such as that may result from previous contamination caused by prior land uses.
E. Sediment and storm water management basins drawn to scale with basic dimensions, the calculations for size, contributing drainage area, sediment settling volume, and the expected disturbed area that will be directed to the sediment pond during construction.
F. The plan should include a summary of the following: the required sediment storage and dewatering volumes, the provided sediment storage and dewatering volumes, the weir length or skimmer size, as applicable, the weir length or skimmer size provided, as applicable.
G. Any other soil erosion and sediment control related BMPs/SCMs and items that are required by the Director.
(7) Investigation conducted to verify that the condition and capacity of any existing storm sewer to be utilized as a part of the Development or as a Discharge point for Storm Water from the Development is adequate and that its use will not adversely affect other properties shall be supplemented with surveys, field reports and calculations signed and sealed by a professional engineer registered in the State of Ohio.
(8) Description of the extent to which any watercourse will be altered or relocated as a result of proposed Development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished. A watercourse is also considered to be altered if any change occurs within its banks or within the floodway as designated in Section 1337.03
(j). Where watercourses will be altered or relocated, copies of notices sent to adjacent communities and the Ohio Department of Natural Resources, Division of Water, and evidence of submission of such notification to the Federal Emergency Management Agency shall be included in the plan.
(9) All necessary permits from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
(10) The location, size, detailed drawings, maintenance requirements and design calculations of each BMP/SCM as well as the scheduling, phasing, and coordination of construction operations and long-term maintenance requirements of erosion and sediment control BMPs/SCMs during the construction and post-construction phases of each Development, including vegetative plantings and mulch, including:
A. The printed name and contact point of the person or entity responsible for long-term continued maintenance of all vegetative and/or mechanical BMPs/SCMs used.
B. The person or entity financially responsible for maintaining the permanent inspection and maintenance of permanent Storm Water conveyance and storage structures and other conservation practices.
C. The method of ensuring that funding will be available to conduct the long-term maintenance and inspections of all permanent Storm Water, soil erosion and sediment control and water quality practices.
D. A description shall be provided of the BMPs/SCMs that will be installed to control construction pollutants in Storm Water Discharge s occurring after construction operations have been completed (post construction). Such BMPs/SCMs may include, among others, infiltration of runoff, flow reduction by use of open vegetated swales, diversions, permanent grass plantings, tree and shrub plantings, stream bank protection practices, grade stabilization structures, etc.
E. The type and amount of plant seed, live plants, fertilizer, agricultural ground limestone and mulch to be used. (Soil testing for fertility and lime requirements is preferred. Only perennial grass seed will be used.)
F. A description of the water quality standards and projected treatment levels, if any, that will be addressed by the water quality BMPs/SCMs being installed.
(11) Location and description of any Storm Water Discharges associated with dedicated asphalt and dedicated concrete plants covered by this permit and the Best Management Practices/Storm Water Control Measures to address pollutants in these Storm Water Discharges.
(12) A copy of the permit requirements of the most current Ohio NPDES Statewide Construction Storm Water General Permit.
(13) For subdivided Developments where the SWP3 does not call for a centralized sediment control measure capable of controlling multiple individual lots, a detailed drawing of a typical individual lot showing standard individual lot erosion and sediment control practices. This does not remove the responsibility to designate specific erosion and sediment control practices in the SWP3 for areas such as steep slopes, stream banks, drainage ways, and riparian zones.
(14) The SWP3 shall identify all subcontractors engages in activities that would impact Storm Water runoff. The SWP3 shall contain signatures from all the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.
(15) The SWP3 shall be retained on site during working hours
(16) The SWP3 shall be amended whenever there is a change in design, construction or operation or maintenance, which has a significant effect on the potential for discharge of pollutants to surface waters of the state or if the SWP3 proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with construction activity.
(17) A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.
(18) Methods to minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. No detergents may be used to wash vehicles. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent treatment prior to discharge.
(19) The SWP3 shall contain a description of the controls appropriate for each construction operation covered by the permit. The SWP3 shall clearly describe for each major construction activities identified:
A. Appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented
B. Which contractor is responsible for implementation.
(Ord. 2017-17. Passed 3-15-17.)
1193.05 FOREST MANAGEMENT PLANS.
(a) Selective harvesting of timber may be allowed pursuant to Section 1201.01 (Riparian and Wetland Buffers).
(b) Such plans shall be prepared by a Certified Arborist and accepted by the Director.
(c) The Forest Management Plan must specify:
(1) The Development site will be adequately stocked after the approved selective harvest;
(2) That trees located less than 25 feet from the Ordinary High Water Mark will not be impacted by the proposed harvesting;
(3) The location of any skid and haul roads required for transporting harvested trees from riparian and wetland setbacks;
(4) The method to be used to transport harvested trees from riparian and wetland setbacks;
(5) The erosion control BMPs/SCMs that will be employed during and after the proposed harvest. These erosion control practices shall be in conformance with the Ohio Department of Natural Resources, Division of Forestry's BMPs/SCMs for Erosion Control on Logging Jobs in Ohio; and
(6) The US Army Corps of Engineers and the Ohio EPA Wetland and Stream protection permit numbers.
(Ord. 2017-17. Passed 3-15-17.)
1193.06 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state and/or county agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to, those listed below. Applicants are required to show proof of compliance with these regulations before the City of Kent will issue any permits.
(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliances with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter from the site owner certifying and explaining why the NPDES Permit is not applicable.
(b) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professionals has surveyed the site and determined that Section 401 of the Clean Water Act is not applicable. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of application of this regulation.
(c) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of the Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter from the site owner certifying that a qualified professional has surveyed the site and determined that Ohio EPA's Isolated Wetlands Permit is not applicable. Isolated wetlands shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of this regulation.
(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the US Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, the site owner shall submit proof of compliance with the US Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from the site owner certifying that a qualified professional has surveyed the site and determined that section 404 of the Clean Water Act is not applicable.
(2) A site plan showing that any proposed fill of waters of the United States conforms to the general and special conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the US Army Corps of Engineers at the time of the application of this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Soil and Water Resource permit application tracking number, a copy of the project approval letter from the ODNR Division of Soil and Water Resources, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable.
(Ord. 2017-17. Passed 3-15-17.)
1197.01 GENERAL PROVISIONS.
(a) To the maximum extent practicable, all Development shall conform to the natural contours of the land, and natural and preexisting man-made drainage ways shall remain undisturbed.
(b) Practices that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such practices may include minimizing site grading and compaction; protecting and/or restoring water resources, riparian areas, and existing vegetation and vegetative buffer strips; phasing of construction operations in order to minimize the amount of disturbed land at any one time, and designation of tree preservation areas or other protective clearing and grubbing practices; and maintaining unconcentrated storm water runoff to and through these areas. 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.
(c) For site Storm Water drainage systems, compacted earth, stone and gravel areas capable of supporting vehicles and or material handling equipment shall be considered impervious surfaces.
(d) No surface water may be channeled or directed into a sanitary sewer.
(e) Off-site improvements to the Storm Water collection system as may be required to accommodate the Development shall be constructed at the expense of the developer.
(f) Drainage Easements. Future access to runoff drainage ditches and channels, swales, runoff storage facilities, storm sewers and other drainage ways and structures, as may be required by the Director, shall be secured by means of easements.
(1) Such easements shall be not less than twenty-five (25) feet in width, in addition to the width of the ditch, channel, or other facility it is to serve. Further, an easement of this type shall be provided on at least one (1) side of the storm drainage ditch, channel, or similar-type facility.
(2) Access along the initial drainage system shall be by means of easements. Such easements shall be not less than twenty (20) feet in width, with a minimum ten (10) foot width on either side of the centerline.
(3) Access adjacent to storage facilities shall consist of a twenty-five (25) foot easement in the case of detention (dry) basins, and a twenty (20) foot easement with a twenty-five (25) foot level bench in the case of retention (wet) basins, measured from the top of the bank, and shall include the storage facility itself.
(4) Storm drainage easements containing underground facilities shall be an appropriate width to allow removal and replacement of the facility and shall have a minimum width of twenty (20) feet.
(5) Those lots crossed by an easement shall be restricted against the planting within said easement of trees, shrubbery or plantings with woody growth characteristics, and against the construction therein of buildings, accessory buildings, fences, walls or any other obstructions to the free flow of Storm Water and the movement of inspectors and maintenance equipment and also restricted against the changing of final grade from that described by the Storm Water management
(g) Maintenance. Any portion of the Storm Water management systems, including on-site and off-site storage facilities that are constructed by the developer, will be continuously maintained into perpetuity. Identification of the landowner(s), organization, or municipality responsible for long-term inspection and maintenance, including repairs, of the BMPs/SCMs.
(1) Single-Family Residential Developments: A Homeowners' Association or property owner, created pursuant to Ohio Law, shall be created and placed in title of the affected lands and shall be continuously responsible for post-construction maintenance and inspections into perpetuity unless such maintenance and inspections become officially accepted by the City.
(2) Multifamily, Commercial and Industrial Developments: The plans will clearly state that the property Owner(s) shall be continuously responsible for post-construction maintenance and inspections into perpetuity.
(h) Maintenance Design: Designs that facilitate minimal maintenance are a priority in the design and construction of all facilities. Multi-use facilities incorporating assets such as aesthetics and recreation may be incorporated into the design of the drainage facilities. All Storm Water management systems and BMPs/SCMs, including on-site and off-site structures and vegetation that are constructed or planted, must be inspected and maintained into perpetuity by the responsible party designated in the Storm Water Management plan and by the requirements of this Chapter.
(i) A written and stamped report from a registered professional (engineer, architect, landscape architect, Certified Professional in Erosion and Sediment Control, etc.) on the status of all Storm Water basins and surface drainage swales, and status of the related easements for each project, shall be submitted to the Community Development Department by May 1st into perpetuity with dry systems inspection reports being submitted every five years; and wet systems reports being submitted every two years unless directed otherwise by the Director or his designee.
(Ord. 2017-17. Passed 3-15-17.)
1197.02 REQUIRED IMPROVEMENTS.
(a) All Developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the Development site. Surface water shall not be regarded as unduly retained if:
(1) The retention results from a technique, practice or device deliberately installed as part of an approved Storm Water Management Plan; or
(2) The retention is not substantially different in location or degree than that experienced by the Development site in its predevelopment stage, unless such retention presents a danger to health, safety, or welfare of the community.
(b) Whenever practicable, the drainage system of a Development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
(c) Use of drainage swales rather than curb and gutter and storm sewers is provided for in Section 1339.05 and Chapter 1203. Private roads and access ways within unsubdivided Developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.
(d) Sufficient investigation shall be conducted to verify that the condition and capacity of any existing storm sewer to be utilized as a part of the Development or as a Discharge point for Storm Water from the Development is adequate and that its use will not adversely affect other properties. Such investigation shall be supplemented with surveys, field reports and calculations.
(e) Roof drains shall be connected to the storm sewer system, drainage course, or other approved location (i.e. rain garden). Roof drains shall not be permitted to discharge upon walks or pavement areas or through the street curb into the street gutter.
(f) Wherever possible and in all projects which encumber 40,000 square feet of ground surface area with building and/or impervious surfaces (pavements, walks, etc.), the Storm Water design shall incorporate storm-water detention and/or retention designed and constructed in accordance with approved engineering practices.
(Ord. 2017-17. Passed 3-15-17.)
1197.03 REQUIRED STORM SEWER.
(a) Drainage. A drainage system shall be designed and constructed by the developer to provide for the proper drainage of the surface water of the Development and the drainage area of which it is a part. To this end, the following requirements and methods shall be followed:
(1) Drainage requirements (Grading). No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the final plat has been approved or conditionally approved. The developer shall grade each Development in order to establish street, block and lot grades in proper relation to each other and to topography, as follows:
A. Block and lot grading.
1. Block grading shall follow the approved Development Grading Plan.
2. Lot grading shall be as follows:
a. Lots shall be graded so that water drains away from each building at a minimum grade of two percent.
b. Surface drainage swales shall have a minimum grade of one-half percent and shall be designed so that surface water will drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way.
c. The minimum grades of driveways shall be four-tenths percent and a maximum of fifteen percent.
(2) Drainage system requirements. The design criteria for the drainage systems shall be based on the State of Ohio Department of Transportation, Manual of Location and Design. Runoff or design Discharge for sewer design where the contributing area generally consists of pavement and a narrow strip back of the pavement shall be obtained from the rational formula: Q = CIA. The following minimum design frequencies are to be used:
A.
Roadway ditches | 2 years |
Storm sewers | 5 years or 10 years |
Culvert under roadways | 25 years |
Watercourses | 10 years |
B. Runoff Coefficients and rainfall frequencies based on general character of tributary area are set forth in the following table:
Description of Area | Rainfall Frequency (years) | Range of Runoff Coefficient | Coefficient Used Herein |
Open Space - Conservation | 5 | 0.25 - 0.40 | 0.30 |
Rural Residential | 5 | 0.25 - 0.40 | 0.30 |
Low Density Urban Residential | 5 | 0.30 - 0.50 | 0.40 |
Medium Density Urban Residential | 5 | 0.30 - 0.50 | 0.50 |
High Density Urban Residential | 5 | 0.30 - 0.50 | 0.50 |
Multifamily Urban Residential | 5 | 0.40 - 0.60 | 0.60 |
High Density Multifamily Urban Residential | 10 | 0.50 - 0.70 | 0.60 |
High Density Multifamily/Commercial Urban Res. | 10 | 0.50 - 0.70 | 0.60 |
Local Commercial | 10 | 0.50 - 0.70 | 0.50 |
Description of Area |
Rainfall Frequency
(Years)
Range of Runoff
Coefficient
Coefficient Used
Herein
Office and Limited Business
10
0.50 - 0.70
0.50
Community Commercial
10
0.70 - 0.90
0.80
Central Retail - Office
10
0.70 - 0.90
0.90
Intensive and Automotive Oriented Commercial
10
0.70 - 0.90
0.90
Highway Interchange Commercial
10
0.70 - 0.90
0.80
Industrial Research and Office
10
0.50 - 0.70
0.60
Industrial
10
0.40 - 0.90
0.60
Manufacturing, Storage and Disposal
10
0.40 - 0.90
0.60
Railroad Yard Areas
10
0.20 - 0.40
0.30
(b) Post Development runoff shall not exceed pre-development runoff for the 2, 10, 25, and 100 year design storms.
(c) Road Drainage System. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house Storm Water drainage.
(1) Road storm sewers (enclosed). The design Discharged used to determine pavement inlet spacing shall be based on the rational method mentioned in this subsection (e)(2). The gutter flow between inlets shall be calculated by the equation: Q =.56Z/N S1/2 F8/3. (See Manual of Location and Design.)
(2) The inlet spacing shall be based on a ten year frequency, fifteen minutes duration design storm. The spread of water on the pavement shall be limited to two feet into the traveled lane. In addition, standard manholes or combination manhole inlets for cleaning purposes shall be placed no further than 300 feet apart.
(3) Storm sewer laterals. A storm sewer lateral shall be provided for each lot to accommodate footer drains and downspouts. Storm laterals (same material specification as sanitary laterals) should be a minimum of 4" in diameter with an absolute minimum slope of 0.5% and 18" of cover.
(d) Off-Road Drainage Systems. The design of the off-road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage.
(1) All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six inch concrete pipe shall be enclosed. Existing creeks or ditches constructed by the developer which exceed the above limit shall be constructed with a minimum fifteen (15) foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement may be wide enough to contain such ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches will have a side slope ratio of 2:1 and a minimum two (2) foot bottom width.
(2) No open ditch shall be constructed within 100 feet of the rear building line of a house, as measured from the house to the edge of the ditch easement.
(3) Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.
(4) Easements for drainage purposes shall be a minimum of twenty feet in width. Where the watercourse is large, easement widths shall be increased as determined by the Development Engineer.
(e) Protection of Drainage Systems. The developer shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the Development Engineer or his designee as follows:
(1) All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the Development Engineer or his designee.
(2) In all cases, any drainage facility shall be in a stable condition, free from either erosion or sedimentation and/or other debris.
(3) No construction shall begin until the developer has complied with all of the provisions of the Kent City Codified Ordinances, and obtained all permits required by the Ohio Environmental Protection Agency and the Army Corp of Engineers.
(4) 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, unless exempted by the Director or unless the storm system drains to a Sediment Settling Pond. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all upsloped areas reach Final Stabilization, as determined by the Director.
(5) The developer shall hydraulically clean the storm sewers at the time of dedication and provide videotape to the satisfaction of the Director. All sediments shall be removed from the system and shall not be flushed downstream.
(6) 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 shall 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.
(f) Pipe Policy. The City of Kent Construction Standards and Construction Drawings, as approved by the Service Director.
(g) Storm Water Basins:
(1) Pool Geometry: The minimum length-to-width ratio for the pond is 3:1 (the length will be three (3) times the width).
(2) Riser in Embankment: The riser shall be located within the embankment for purposes of maintenance access. Access to the riser will be by manholes.
(3) Water Drains: Each retention and water quality basin shall have a drainpipe that can completely drain the pond. The drain shall have an elbow within the pond to prevent sediment deposition from plugging the drain.
(4) Principal Spillway: Each principal spillway shall be designed in accordance with the Natural Resources Conservation Service (NRCS) standards and specifications for the office serving Portage County, Ohio. Each principal spillway shall have the capacity to pass the 100 year design storm flows. The inlet or riser size for the pipe drops shall be designed so that the flow through the structure goes from weir flow control to pipe flow control without going into orifice control in the riser. The crest elevation of the primary spillway shall be no less than one foot below the emergency spillway crest. Premium joint pipe is required and a removable trash rack shall be installed at each location. Anti-seep collars shall be provided for all pipe conduits through an embankment.
(5) Emergency Spillway: An emergency spillway shall be provided on each Storm Water management and water quality 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 Portage County, Ohio. Excavated spillways shall have a 100 year design storm capacity unless exempted in writing by the Director.
(6) Non-Clogging Low Flow Orifice: A non-clogging orifice shall be provided for the Water Quality Basins.
(7) Embankments: Each dam embankment shall be designed in accordance with the NRCS standards and specifications for the office serving Portage County, Ohio. Anti-seep collars shall be provided for all pipe conduits through an embankment.
(8) Safety Features: The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following:
A. 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 to prevent access to the water pool.
B. Side slopes between the safety bench and the aquatic bench shall not be steeper than 3:1 (3 feet horizontal for every 1 foot vertical).
C. 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.
D. Side slopes beyond the aquatic bench and below the permanent water level hall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical).
E. The contours of the pond will be designed and managed to eliminate drop-offs and other hazards. Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench.
F. The primary spillway opening shall not permit access to the public and other non-maintenance personnel.
(h) These standards are general guidelines and shall not limit the right of the Director to impose at any time additional, more stringent requirements, nor shall the standards limit the right of the Director to waive, in writing, individual requirements.
(i) Methods for controlling increases in Storm Water runoff peaks and volumes may include, but are not limited to:
(1) Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical, discharging roof water to vegetated areas, or grass and rock-lined drainage channels.
(2) Grading and use of grade control structures to provide a level of control in flow paths and stream gradients.
(3) Induced infiltration of increased Storm Water runoff into soil, where practical;
(4) Provisions for detention and retention; for example, permanent ponds and lakes with Storm Water basins provided with proper drainage, multiple-use areas for Storm Water detention, recreation, wildlife or transportation, or subsurface storage areas.
(Ord. 2017-17. Passed 3-15-17.)
1199.01 EDIMENTATION AND EROSION CONTROLS REQUIRED.
(a) Effective erosion and sediment controls shall be designed, installed and maintained to minimize the discharge of pollutants offsite. At a minimum, such controls shall be designed, maintained to:
(1) The smallest practical area of land shall be exposed at any one time during Development, construction, extraction, or other use.
(2) When land is exposed during Development, use, extraction, etc., the exposure shall be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during Development, use, etc.
(4) Sediment basins (debris basins, debiting basins, or silt traps) shall be installed and maintained to remove all sediment from run-off and/or operating waters from land undergoing Development, use, etc.
(5) Provisions shall be made to effectively accommodate the increased run-off caused by soil and surface conditions during and after Development, use, etc.
(6) The Development plan or site plan shall be fitted to the topography and soils so as to create the least erosion potential.
(7) Wherever feasible, natural vegetation shall be retained and protected.
(8) All banks resulting from reclamation of all excavations shall be sloped not greater than one (1) foot vertical to five (5) feet horizontal and said bank shall have a minimum of four (4) inches top soil mixed with four (4) inches of grade, then seeded and sufficiently mulched to eliminate any erosion.
(9) Control storm water volume and velocity within the site to minimize soil erosion.
(10) Control storm water discharges, including both peak flow rates and total storm water volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion
(11) Minimize the disturbance of steep slopes.
(12) Minimize sediment discharges from the site. The design, installation and maintenance of erosion controls shall address factors such as 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
(13) Wherever feasible, provide and maintain a 50-foot undisturbed natural buffer around surface waters of the state, direct storm water to vegetated areas to increase sediment removal and maximize storm water infiltration.
(14) Minimize soil compaction and unless unfeasible, preserve soil.
(15) Minimize the discharge of pollutants from equipment and vehicle washing, wheel water, and other wash waters. Wash waters shall be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge.
(16) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to storm water.
(17) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
(b) The following type of construction projects are exempt from sediment and erosion control measures:
(1) If the rainfall erosivity factor, R, is less than 5 for the project.
(2) The construction planned is "routine maintenance" to re-establish the original line, grade or hydraulic capacity of Storm Water infrastructure (i.e. ditch cleaning, detention basin dredging, etc.) where the disturbed area is less than five (5 )acres.
(3) Silviculture Disturbances
(4) Agricultural Disturbances.
(5) Construction related to oil and gas well exploration.
(c) The following type of maintenance projects are exempt from full sediment and erosion control measure requirements but shall stabilize the disturbed area(s) within 21 days of construction completion:
(1) Replacement of utility services (water service, sanitary or storm lateral, gas service, etc) to an existing building where the disturbed area is limited to a standard trench width necessary to replace the underground utility services.
(2) Replacement of sidewalk, driveways, driveway aprons where the disturbed area is less than one acre.
(3) Demolition of small structures such as single family homes, garages, shed, etc. that have a disturbed area less than a one acre.
(d) For developments which require the use of centralized sediment and erosion controls (i.e. controls that address storm water runoff from one or more lots) for which the current permittee intends to terminate responsibilities under their permit for a lot after sale of the lot to a new owner and such termination will either prevent or impair the implementation of the controls and therefore jeopardize compliance with the terms and conditions of this permit, the permittee will be required to maintain responsibility of the implementation of those controls. For developments where this is not the case, it is the permittee's responsibility to temporarily stabilize all lots sold to individual lot owners. In cases where permit responsibilities for individual lot(s) will be terminated after sale of the lot, the permittee shall inform the individual lot owner of the obligations under the permit.
(Ord. 2017-17. Passed 3-15-17.)
1199.02 DESIGN STANDARDS.
In order to control sediment pollution of water resources, the Owner(s) or person(s) responsible for the any Development area shall should use conservation planning and low impact Development practices pursuant to Chapter 1203: Low Impact Development, to maintain the level of conservation established in the following standards, where feasible, as determined by the Community Development Department:
(a) The standards and specifications contained in the State of Ohio's Rainwater and Land Development manual. As technology and understanding of habitat and land function develop, the Director may determine that additional Best Management Practices (BMPs)/Storm Water Control Measures (SCMs) are appropriate. These regulations do not preclude the use of innovation or experimental Storm Water management technologies.
(b) Clearing and Grubbing: Clearing and grubbing will be done in two (2) or more phases. The first phase will include only those locations necessary to install the perimeter soil erosion, sediment and Storm Water control BMPs/SCMs. After the perimeter controls are in place and functioning, the remaining phase(s) of clearing and grubbing may continue.
(c) 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 as the first step of grading, and within seven (7) days from the start of grubbing. They shall continue to function until the up slope Development area is permanently restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(d) Stabilization of Denuded Areas: Disturbed areas must be stabilized as specified in the tables below, or according to the most current Ohio EPA NPDES Storm Water Permit Rules, whichever is most restrictive:
Permanent Stabilization
Area requiring Permanent Stabilization
Time Frame
Any areas that will lie undisturbed for one (1) year or more
Within seven (7) days of the most recent disturbance
Any areas within fifty (50) feet of a stream and at final grade
Within two (2) days of reaching final grade
Any other areas at final grade
Within seven (7) days of reaching final grade within that area.
Temporary Stabilization
Area Requiring Temporary Stabilization
Time Frame
Any disturbed areas within fifty (50) feet of a stream and not at final grade
Within two (2) days of the most recent disturbance if the area will remain idle for seven (7) days or more
Disturbed areas that will be undisturbed for more than 14 days but less than one (1) year and not within fifty (50) feet of a stream
Within seven (7) days of the most recent disturbance within the area
Residential subdivisions for disturbance which has occurred on building lots
Within 7 days of the most recent disturbance if housing unit construction on the lot is not scheduled to begin within 14 days of the disturbance.
In any case, temporary or permanent stabilization will be properly installed, pursuant to the most recent edition of the Rainwater and Land Development manual, before the second building permit is issued.
Nonresidential subdivisions and commercial developments
Within 7 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
Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed.
(e) Sediment Settling Ponds: Required for any one of the following conditions: concentrated storm water runoff (e.g. storm sewer or ditches), runoff from denuded areas ten (10) acres or more, and all areas flowing at rates that exceed the design capacity of sediment barriers and/or other sediment barriers and/or inlet protection, shall pass through a sediment settling facility. The facility's storage capacity shall be no less than sixty-seven (67) cubic yards per acre of total drainage area.
(1) 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 ideal drawdown time is from three (3) to four (4) days (72 to 96 hours) with a minimum 48 hour drain time for sediment basins serving a drainage area over 5 acres.
(2) The design of Settling Ponds shall have a minimum length of flow of 2:1.
(3) If feasible, sediment settling ponds shall be dewatered at the pond surface using a skimmer or equivalent device. The settling pond volume consists of both a dewatering zone and a sediment storage zone
A. The volume of the dewatering zone shall be a minimum of 1800 cubic feet (ft3) per acre of drainage (67 yd3/acre) with a minimum 48-hour drain time for sediment basins serving a drainage area over 5 acres.
B. The volume of the sediment storage zone shall be calculated by either (1) the volume of sediment storage shall be 1000 ft3 per disturbed acre within the watershed of the boundary or (2) the volume of the sediment storage zone shall be the volume necessary to store sediment as calculated with RUSLE or a similar generally accepted erosion prediction model.
(f) Sediment Barriers, Silt Fence, Filter Sock, Diversions or another mechanisms deemed appropriate by the Community Development Department: Sheet flow runoff from denuded areas shall be intercepted to protect adjacent properties and water sources from sediment transported via sheet flow. The total runoff flow treated by a sediment barrier shall not exceed the design capacity for that sediment barrier.
(1) Silt fence shall be placed on a level contour downslope of the disturbed area. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence.
Silt Fence Maximum Drainage Area Based on Slope
Maximum drainage area
(in acres) to 100 linear feet of silt fence
Range of slope for particular
drainage areas (in percent)
0.5
< 2%
0.25
>2% but< 20%
0.125
>20% but< 50%
(g) 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 repeatedly during construction, an approved temporary crossing shall be constructed. Streams, including bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped.
(2) No soil, rock, debris, or any 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 US Army Corps Of Engineers and Ohio EPA, for such purposes as, but not limited to, constructing bridges, culverts, or erosion control structures.
(h) Construction Access Routes:
(1) Measures shall be taken to prevent soil transport onto public roads, or surfaces where runoff is not checked by sediment controls. Gravel construction entrance(s) shall be implemented as required by the Director and the Ohio EPA.
(2) 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.
(i) Unstable Soils: 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.
(j) 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, groundwater conditions and slope stabilization.
(k) Stabilization Of Outfalls And Channels: Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, minimum ten-year (or greater) frequency storm without eroding.
(l) 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 Director, covers 80% or more of the soil surface with a uniform density, provides adequate cover, and is mature enough to satisfactorily control soil erosion and survive adverse weather conditions.
(m) Disposition of Temporary Practices: All temporary 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 Director. Trapped sediment shall be permanently stabilized to prevent further erosion.
(n) 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) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations are prohibited unless managed by appropriate controls approved by the Development Engineer, which will not adversely affect resource waters or adjacent off-site properties. There shall be no turbid discharges to waters of the state resulting from dewatering activities.
(o) Permanent Stabilization of Conveyance Channels: Operator(s) shall undertake special measures to stabilize channels and outfalls and prevent erosive flows. Measures may include seeding, dormant seeding, mulching, erosion control matting, sodding, riprap, natural channel design with bioengineering techniques, or rack check dams.
(p) Inlet Protection: Other erosion and sediment control practice shall minimize sediment laden water entering active storm drain systems, unless the storm drain system drains to a Sediment Settling Pond. All inlets receiving runoff from drainage area of one or more acres will require a Sediment Settling Pond.
(Ord. 2017-17. Passed 3-15-17.)
1199.03 MAINTENANCE.
(a) All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to ensure continued performance of their intended function. The person or entity responsible for the continued physical and financial maintenance of permanent erosion control practices shall be identified to the satisfaction of the Director.
(b) If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the permittee must replace or modify the control for the site conditions.
(c) Inspection and Maintenance Plan: The post construction operations and maintenance plan must be a stand alone document which contains the following:
(1) A designated entity for Storm Water inspection and maintenance responsibilities.
(2) The routine and non-routine maintenance tasks to be undertaken.
(3) A schedule for inspections and maintenance.
(4) Any necessary legally binding maintenance easement and agreements.
(5) A map showing all access and maintenance easements.
(d) Inspection and Maintenance Agreement: The Inspection and Maintenance Agreement required for BMPs/SCMs under this regulation as a stand-alone document between the City of Kent and the applicant. A copy of this agreement should be attached to the property deed. The agreement shall contain the following information and provisions:
(1) Identification of the landowner(s), organization, or municipality responsible for long term inspection and maintenance, including repairs, of the BMPs/SCMs.
(2) The landowner(s), organization, or municipality shall maintain BMPs/SCMs in accordance with this regulation.
(3) The City of Kent has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the BMPs/SCMs are being maintained and operated in accordance with this regulation.
(4) The City of Kent shall maintain public records of the results of site inspections, shall inform landowner(s), organization, or municipality responsible for maintained of the inspection results, and shall specifically indicate in writing any corrective actions required to bring the BMPs/SCMs into proper working condition.
(5) If the City notifies the landowner(s), organization, or municipality responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within reasonable time as determined by the City of Kent.
(6) The City of Kent is authorized to enter upon the property and perform corrective actions identified in the inspection report if the landowner(s), organization, or municipality responsible for the maintenance does not make the required corrections in the specified time period. The City of Kent shall be reimbursed by the landowner(s), organization, or municipality responsible for the maintenance for all expenses incurred within 10 days of receipt of invoice from the City of Kent, or more with written approval from the City of Kent Service Director.
(7) The method of funding long-term maintenance and inspections of all BMPs/SCMs.
(8) A release of the City of Kent from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the City of Kent from the construction, presence, existence or maintenance of the BMPs/SCMs.
(e) Inspection and Maintenance Plan. This plan will be developed by the applicant and reviewed by the City of Kent. Once the Inspection and Maintenance Plan is approved, a recorded copy of the Plan must be submitted to the City of Kent as part of the final inspection approval. The plan will include at a minimum:
(1) The location of each BMP/SCM and identification of the drainage area served by each BMP/SCM
(2) Photographs of each BMP/SCM, including all inlets and outlets upon completion of construction
(3) Schedule of inspection
(4) A schedule for regular maintenance for each aspect of the storm water management system and description of routine and non-routine maintenance tasks to ensure continued performance of the system as is detailed in the approved Comprehensive Storm Water Management Plan. A maintenance inspection checklist written so the average person can understand it shall be incorporated. The maintenance plan will include a detailed drawing of each BMP/SCM and outlet structures with the parts of the outlet structure labeled. This schedule may include additional standards as required by the City of Kent City Engineer, to ensure continued performance of BMPs/SCMs permitted to be located, or within 50 feet of, water resources.
(5) The location and documentation of all access and maintenance easements on the property.
Alteration or termination of these stipulations is prohibited without written consent from the City. (Ord. 2017-17. Passed 3-15-17.)
1199.04 INSPECTIONS.
(a) The Owner(s) of the Development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven (7) calendar days, and within twenty-four (24) hours of a 0.5 inch or greater rainfall event until the site is certified as being stable by the Development Engineer or his designee.
(b) The Owner(s), or his designated representative, shall keep a written log of each inspection and any subsequent improvements to the soil erosion, sediment control or other environmental controls. At a minimum Tthe inspections report shall include:
(1) Date of the inspections
(2) Name, titles, and qualifications of personnel making the inspection of the inspector,
(3) Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether any discharges occurred
(4) Weather information and a description of any discharges at the time of the inspection
(5) Location(s) of discharges of sediment and other pollutants from the site
(6) Location(s) of BMPs/SCMs that need to be maintained
(7) Location(s) where additional BMPs/SCMs are needed that didn't exist at the time of the inspection: and
(8) Corrective action required including any changes to the SWP3 necessary and implementation dates.
(c) If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of a settling pond, it shall be repaired or maintained within 3 days of the inspection. Sediment settling ponds shall be repaired or maintained within 10 days of the inspection
(d) If the inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the SWP3 shall be amended and the new control practice shall be installed within 10 days of the inspection.
(e) If the inspection reveals that a control practice has not been implements, the control practice shall be implemented within 10 days from the date of the inspection. If the inspection reveals the planned control practice is not needed, the record shall contain a statement of explanation as to why the control practice is not needed.
(f) The information listed above shall be maintained for 3 years following the submittal of a notice of termination.
(g) If the construction site is subject to Ohio EPA's National Pollutant Discharge Elimination System (NPDES) permits, a copy of all of the required inspection sheets will be submitted to the Development Engineer or his designee monthly if the Development is for a residential subdivision or a commercial or industrial site. Single family residential sites and other similar sites as identified by the Development Engineer or his designee need only submit inspection reports at the completion of the building permit phases.
(i) Before any earth is disturbed erosion and sediment control measures shall be installed. The Community Development Department shall complete an initial inspection to insure compliance.
(j) 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.
(k) Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking. (Ord. 2017-17. Passed 3-15-17.)
1199.05 CONTROL OF MATERIALS AND DEBRIS.
No solid (other than sediment) or liquid waste, including building materials, shall be discharged in storm water runoff. Under no circumstance shall wastewater from the washout of concrete trucks, stucco, paint, form release oils, curing compounds, and other construction materials be discharge directly into a drainage channel, storm sewer or surface waters of the state. Also, no pollutants from vehicle fuel, oils, or other vehicle fluids can be discharged to surface waters of the state. The SWP3 must include methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, storm water runoff, and snow melt. The SWP3 shall include measures to prevent and respond to chemical spills and leaks. Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the Community's and state's water resources or wetlands. These practices shall include, but are not limited to, the following:
(a) A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum and etc. A second covered dumpster will be provided for the proper disposal of toxic and hazardous wastes.
(b) The washing of excess concrete material into a street, catch basin, or other public facility or natural resource shall not be permitted. A designated area for concrete washouts shall be made available and used for all concrete washouts.
(c) 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. A mobile fueling spill prevention and response plan must be prepared and followed by all site personnel.
(d) Any toxic or hazardous waste and contaminated soils shall be disposed of properly.
(e) Runoff from contaminated sites shall not be allowed to leave the site.
(f) Proper permits shall be obtained for Development projects on solid waste landfill sites.
Where construction activities are to occur on sites with contamination from previous activities, operators shall be aware that concentrations of materials that meet other criteria (is not considered hazardous waste, meeting Voluntary Action Program (VAP) standards, etc.)may still result in storm water discharges in excess of Ohio Water Quality Standards.
(Ord. 2017-17. Passed 3-15-17.)
1199.06 POST-CONSTRUCTION STORM WATER MANAGEMENT REQUIREMENTS.
Storm Water released from any part of a small Development site of 1 acre or greater but less than 5 acres shall implement post construction Best Management Practices (BMPs)/Storm Water Control Measures (SCMs). Structural post construction BMP/SCM methods and design parameters shall be commensurate with the impacts on the watershed and follow the current version of the State of Ohio's Rainwater and Land Development manual. A description of the measures that will be installed during the construction process to control pollutants in Storm Water Discharges that will occur after construction operation has been completed must be included in the (SWP3) for review & approval. The SWP3 shall include an explanation of the technical basis used to select the practices to control pollution where flow exceeds pre-development levels.
Storm Water released from any part of a large Development site of 5 or more acres or which will disturb less than 5 acres, but is a part of a larger common plan of Development or sale which will disturb 5 or more acres of land, shall include the post-construction BMP(s)/SCM(s) that will be able to detain storm water for protection of the stream channels, stream erosion control, and improved water quality, and shall meet the most restrictive of the following criteria as well as the current requirements of the Ohio EPA:
(a) The rationale for BMP/SCM selection must address the anticipated impacts on channel and floodplain morphology, hydrology, water quality and riparian form (habitat). The BMP(s)/SCM(s) chosen must be compatible with site and soil conditions.
(b) Post construction BMPs/SCMs must achieve the following goals:
(1) Water Quality Volume (WQv): For all large Development on previously undeveloped property, structural (designed) post-construction Storm Water treatment practices shall be incorporated into the permanent drainage system for the site. These practices must be sized to treat the Water Quality Volume (WQv). The WQv shall be the maximized water quality capture volume for the site, as defined in "Urban Runoff Quality Management," WEF Manual of Practice No. 23 and ASCE Manual and Report on Engineering Practice No. 87 (WEF and ASCE, 1998).
(2) The WQv shall be determined, through a site hydrologic study approved by the Development Engineer, that uses continuous hydrologic simulation and local long-term hourly precipitation records, or by using the following equation:
WQv = C* P*A/12
where:
WQv = Water Quality Volume in acre-feet
C = Runoff Coefficient appropriate for storms less
than 1 inch (see the most current Ohio EPA NPDES Storm Water Permit Table 1)
P = 0.75 inch precipitation depth
A = area draining into the BMP in acres
Where the land use will be mixed, the Runoff Coefficient should be calculated using a weighted average. For example, if 60% of the contributing drainage area to the Storm Water treatment structure is Low Density Residential, 30% is High Density Residential and 10% is Open Space, the Runoff Coefficient is calculated as follows (0.6)(0.3)+(0.3)(0.5)+(0.1)(0.2) = 0.35.
The following alternative equation may also be used:
WQv = (0.858i3 - 0.78i2 + 0.774i + 0.04) * PA/12
where: WQv = Water Quality Volume in acre-feet I = watershed impervious ratio, namely, percent total imperviousness divided by 100;
P = mean storm presentation volume in inches
= regression constant from least-squares analysis (see the most current Ohio EPA NPDES Storm Water Permit
A = area draining into the facility in acres
(3) An additional volume equal to 20 percent of the Water Quality Volume shall be incorporated into the facility for sediment storage and/or reduced infiltration capacity. Facilities shall be designed according to the methodology included in the WEF and ASCE manual of practice, State of Ohio's Rainwater and Land Development manual, or in another design manual acceptable for use by the Director and Ohio EPA.
(4) The BMP's listed in the most current Ohio EPA NPDES Storm Water Permit below shall be considered standard BMP's approved for general use. BMP's listed in the most current Ohio EPA NPDES Storm Water Permit shall also be incorporated in this list. BMP's shall be designed such that the drain time is long enough to provide treatment, but short enough to provide storage available for successive rainfall events as described in the most current Ohio EPA NPDES Storm Water Permit below and avoid the creation of nuisance conditions. The outlet structure must not discharge more than the first half of the WQv or extended detention volume (EDv) in less than one-third of the drain time. The EDv is the volume of Storm Water runoff that must be detailed by a structural post-construction BMP. The EDv is equal to 75 percent of the WQv for wet extended detention basin, but is equal to the WQv for all the other BMP's listed in the most current Ohio EPA NPDES Storm Water Permit.
(5) Facilities shall be cleaned and maintained such that the full Water Quality Volume is available and that the facility functions as designed.
(6) All construction activities shall maintain or improve ecological function of watercourses by protecting or improving the stream and riparian form. Ecological functions include pollution assimilation, flood attenuation, maintenance of the sediment regime, base flow, moderation of temperature and habitat to the maximum extent practicable (MEP);
(7) For all construction activities immediately adjacent to Surface Waters of the state, a minimum Riparian and Wetland setback, pursuant to Chapter 1201: Riparian and Wetland Buffers, shall be maintained in its natural state as a permanent buffer. Where impacts within this setback area are unavoidable due to the nature of the construction activity (e.g., stream crossings for roads or utilities), the project shall be designed so the number of stream crossings and the width of the Disturbance within the setback area are minimized.
(8) For all redevelopment projects: Post-construction practices shall assure a net reduction of 20% of the impervious area of the site, or provide for treatment of 20% of the WQv
(9) Transportation improvement projects of existing facilities located predominantly within existing rights-of-way may provide post construction water quality measures in accordance with the Ohio Department of Transportation's Location & Design Manual. The above is permissible if significant right-of-way impacts are required to meet the provision of the case as determined by the Director.
(10) Transportation Projects: The construction of new roads and roadway improvement projects by public entities may implement post construction BMP's in compliance with the current version of the Ohio Department of Transportation's Location and Design Manual, Volume Two Drainage Design.
(11) Offsite Mitigation of Post-Construction: Offsite mitigation of postconstruction BMP requirements where the standard methods listed in the most current Ohio EPA NPDES Storm Water Permit Table 2 are not feasible, must be approved by the Ohio EPA.
(Ord. 2017-17. Passed 3-15-17.)
1199.07 ENFORCEMENT AND PENALTIES.
(a) Notice of Violation: When the City of Kent determines that a land Development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1) The name and address of the landowner, developer or applicant.
(2) The address when available or a description of the building, structure or land upon which the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the remedial measures necessary to bring the land Development activity into compliance with this local law and a time schedule for the completion of such remedial action.
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(6) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation.
(b) Stop Work Orders: The City of Kent may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land Development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the City of Kent confirms that the land Development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.
(c) Permit Revocation: The City of Kent may suspend or revoke the permit after providing written notification to the permittee based on any of the following reasons:
(1) Any violation(s) of the terms or conditions of the approved erosion and sediment control plan or permit.
(2) Noncompliance with violation notice(s) or stop work order(s) issued.
(3) Changes in the site characteristics upon which plan approval and permit issuance were based.
(4) Any violation(s) of this or any other City of Kent laws, regulation, ordinance(s) or any rules and regulations adopted under it.
(5) The work is, or threatens to become, a hazard to property or public safety; is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, wetlands, fish or wildlife habitat, or a Storm Water facility; or is otherwise adversely affecting the public health, safety or welfare.
(d) Violations: Any land Development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law.
(e) Penalties: In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by the following schedule. For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed an unclassified misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(1) First offense - a fine not exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six months, or both for conviction.
(2) Second offense - when both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed six months, or both.
(3) Third or subsequent offense - all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars ($700.00) nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both.
(f) Withholding of Certificate of Occupancy: If any building or land Development activity is installed or conducted in violation of this local law, the Director may prevent the occupancy of said building or land.
(g) Restoration of lands: Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City of Kent may take necessary corrective action, the cost of which shall become a lien upon the property until paid. (Ord. 2017-17. Passed 3-15-17.)
1199.08 CONFLICTS.
1201.01 RIPARIAN AND WETLAND BUFFERS REQUIRED.
It is hereby determined that the system of wetlands, Riparian Areas, rivers, streams, and other natural watercourses within the City contributes to the health, safety, and general welfare of the residents. The specific purpose and intent of these regulations is to regulate future uses and Developments within riparian and wetland setbacks that would impair the ability of riparian and wetland areas to:
(a) Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.
(b) Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.
(c) Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.
(d) Reduce pollutants in watercourses by filtering, settling, and transforming pollutants in runoff before they enter watercourses.
(e) Provide watercourse habitats with shade and food.
(f) Provide habitat to aquatic organisms and wildlife, by maintaining diverse and connected riparian and wetland vegetation.
(g) Benefit the City economically by minimizing encroachment on wetlands and watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of residents; and by contributing to the scenic beauty and environment of the City, and thereby preserving the character of the City, the quality of life of the residents of the City, and corresponding property values.
(Ord. 2013-29. Passed 3-20-13.)
1201.02 DESIGNATED WATERCOURSES AND RIPARIAN SETBACKS.
(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the City may consult with a representative of the Portage County Soil and Water Conservation District or other technical experts as necessary.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 200 feet on both sides of all watercourses draining an area greater than 300 square miles. (Cuyahoga River)
(2) A minimum of 100 feet on both sides of all watercourses draining an area greater than 20 square miles and up to and including 300 square miles. (Breakneck Creek)
(3) A minimum of 50 feet on both sides of all watercourses draining an area greater than one half square mile and up to and including 20 square miles. (Plum Creek and Fish Creek)
(4) A minimum of 25 feet on both sides of all watercourses draining an area less than one half square mile and having a defined bed and bank as determined above.
(c) The reach of the Cuyahoga River from the point where Standing Rock Avenue if extended would intersect with the river to the Stow Street bridge is exempt from the setback requirements of this section. (Ord. 2013-29. Passed 3-20-13.)
1201.03 RIPARIAN AND WETLAND SETBACKS.
(a) Riparian Setback Map:
(1) The City shall use the latest edition of the official soil survey of Portage County Soil and Water Conservation District, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
(2) At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the most restrictive criteria shall prevail.
(3) In reviewing and interpreting such maps the City may consult with a representative of the Portage County Soil and Water Conservation District or other technical experts as necessary.
(b) The following conditions shall apply in riparian and wetland setbacks:
(1) Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the Ordinary High Water Mark of each designated watercourse and defined wetland boundary.
(2) Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state and shall be established prior to any soil disturbing or land clearing activities.
(3) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain.
(4) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
(5) Wetlands shall be delineated by a site survey approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
(6) The developer shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all Site Plans, Development Plans, and/or applicable permit applications submitted to the City. This delineation may be done by a metes and bounds survey and shall be subject to review and approval by the Community Development Director.
(7) Prior to any soil-disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the developer, and such delineation shall be maintained throughout soil disturbing activities.
(8) No approvals or permits shall be issued prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations.
(9) Upon completion of a Development or other improvement, riparian and wetland setbacks shall be permanently recorded on the final plat, pursuant to Section 1185.05.
(c) Wetland setbacks are established as follows:
(1) A minimum of 75 feet surrounding all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(2) A minimum of 50 feet surrounding all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(d) Procedure for wetland setbacks:
(1) Upon filing a Site Plan or Preliminary Development Plan, the developer shall retain a qualified professional to survey the proposed Development site for wetlands. If no wetlands are found, the developer shall submit a letter with the Site Plan or Preliminary Development Plan verifying that a qualified professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:
A. A qualified professional, acceptable to the Community Development Director, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed Development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the Community Development Director.
B. If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed Development site, the developer shall delineate these wetlands and the wetland setback in conformance with these regulations. The developer shall identify all delineated wetlands and their associated setbacks on all Site Plans or Preliminary Development Plans, and/or applicable permit applications submitted to the Community Development Department.
(e) Uses permitted in riparian and wetland setbacks:
(1) By-Right Uses Without A Permit:
A. Open space uses that are passive in character shall be permitted in riparian and wetland setbacks, including, but not limited to, those listed in these regulations. No use permitted under these regulations shall be construed as allowing trespass on privately held lands.
B. Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, hunting, picnicking, and similar uses.
C. Removal of Damaged or Diseased Trees. Damaged or diseased trees may be removed.
D. Revegetation and/or Reforestation. Riparian and wetland setbacks may be revegetated with non-invasive plant species.
(2) By-Right Uses With A Permit:
A. Selective Harvesting of Timber. Selective harvesting of timber may be allowed upon presentation of a Forest Management Plan pursuant to Section 1193.05
(Forest Management Plans) prepared by a Qualified Forester and approved by the Director.
1. Any landowner harvesting timber for sale shall post a $5,000 performance guarantee with the City. This performance guarantee shall be in the form of a Security Bond, Escrow Account, Certified Check or Cash, and it shall be held until completion of the timber-harvesting operation.
2. Due to the potential for felled logs and branches to damage downstream properties and/or to block ditches or otherwise exacerbate flooding, logs or branches resulting from permitted selective harvesting that are greater than 6 inches in diameter at the cut end shall be cut into sections no longer than 6 feet or removed from the 100-year floodplain. Harvested trees or felled logs/branches that are part of a designed and approved Streambank Stabilization and/or Erosion Control Measure shall be allowed to remain in a designated watercourse.
B. Streambank Stabilization and Erosion Control Measures. Streambank stabilization and erosion control measures designed to protect existing structures or uses may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical. The streambank stabilization and erosion control measures shall only be undertaken upon approval of a Storm Water Management Plan by the Community Development Director.
C. Crossings. Crossings of designated watercourses and through riparian setbacks by easements, bridges, culverts, boardwalks, bike and hike pathways (paved or unpaved), publicly and privately owned sewer and/or water lines and public and private utility transmission lines shall only be allowed upon approval of a Utilities Plan by the Community Development Director, pursuant to Chapters 1187 (Design Standards), 1189 (Improvements) and 1339 (Technical Plan Review and Conformance). Such crossings shall minimize Disturbance in riparian setbacks and shall mitigate any necessary Disturbances.
If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of the U.S. Army Corps of Engineers Section 404 Permit shall also be provided to the City of Kent. Proof of compliance shall be the following:
1. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
2. A copy of the authorization letter form the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
3. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
D. Conservation Easements. Placing permanent conservation easements on riparian and wetland setback areas is encouraged by the City.
(f) Uses prohibited in riparian and wetland setbacks:
(1) Any use not authorized under these regulations shall be prohibited in riparian and wetland setbacks. The following uses are specifically prohibited; however, prohibited uses are not limited to those uses listed here.
(2) Construction. There shall be no structures of any kind.
(3) Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for non-commercial composting of uncontaminated natural materials, and except as permitted under Subsection (e).
(4) Roads or Driveways. There shall be no roads or driveways permitted in riparian and/or wetland setback area, except as permitted under Subsection (e). There shall be no roads or driveways permitted in wetlands or watercourses without a permit issued by the U.S. Army Corps of Engineers and/or the Ohio EPA.
(5) Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under Subsection (e).
(6) Disturbance of Natural Vegetation. There shall be no Disturbance of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with this regulation; for such Disturbances as are approved under Subsection (e); and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of this regulation. Nothing in this regulation shall be construed as requiring a landowner to plant or undertake any other activities in riparian and wetland setbacks.
(7) Parking Lots. There shall be no impervious parking lots or other human-made impervious cover, except as permitted under Subsection (e).
(8) New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian and wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with local county Board of Health regulations in effect at the time of application of this regulation.
(9) Crossings. Crossings of designated wetland setbacks by publicly and privately owned sewer and/or water lines and public and private utility transmission lines without a permit issued by the U.S. Army Corps of Engineers and/or the Ohio EPA.
(g) Nonconforming structures or uses in riparian and wetland setbacks:
(1) A nonresidential, nonconforming use within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the use shall not be changed or enlarged unless it is changed to a use permitted under these regulations.
(2) A nonconforming structure within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is not otherwise permitted under these regulations, may be continued. However, the existing building footprint or roof line may not be expanded or enlarged in such a way that would move the structure closer to the stream or wetland.
(3) A nonconforming use or deteriorated structure within a riparian and wetland setback which is in existence at the time of passage of this regulation, and which is discontinued, terminated, or abandoned for a period of two (2) years or more may not be revived, restored, or re-established. (Ord. 2013-110. Passed 10-16-13.)
1201.04 VARIANCES.
(a) The Board of Building Appeals may grant a variance from these regulations as provided in Chapter 1309 (Board of Building Appeals). In determining whether there is unnecessary hardship or practical difficulty such as to justify the granting of a variance, the Board of Building Appeals shall consider the potential harm or reduction in riparian and/or wetland area functions that may be caused by a proposed structure or use.
(b) In making a variance determination, the Board of Building Appeals shall consider the following:
(1) The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The provisions of the City's flood hazard reduction regulations, pursuant to Chapter 1337.04, may be used as guidance when granting variances in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, sediment control, water quality protection, or other functions of the riparian and/or wetland area. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.
(4) Soil disturbing activities permitted in a riparian and/or wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize erosion and maximize sediment control.
(5) The presence of significant impervious cover or smooth vegetation, such as maintained lawns, in riparian setback areas compromising benefits to the City.
(6) A parcel existing at the time of passage of this section is made unbuildable.
(7) Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.
(c) Variances shall not be granted for asphalt or concrete paving in the riparian and wetland setbacks. Variances may be granted for gravel driveways in riparian setbacks when necessary. (Ord. 2013-110. Passed 10-16-13.)
1201.05 CONFLICTS.
1203.01 PURPOSE.
(a) Low Impact Development is an ecologically friendly approach to site Development and Storm Water management that aims to mitigate Development impacts to land, water, and air. The approach emphasizes the integration of site design and planning techniques that conserve natural systems and hydrologic functions on a site. Impact Development site design and strategies may provide the means by which Storm Water management objectives may be achieved. The goals of low impact Development include:
(1) Incorporating natural topographic features (wetlands, stream corridors, mature forests) and constraints in site design;
(2) Maintaining site hydrologic functions and mitigate impacts to such functions;
(3) Providing alternative layout and sizing of traditional site;
(4) Maintaining the total number of buildable lots within a Development (lot yield);
(5) Customizing infrastructure (lots, streets, curbs, gutters, sidewalks) to each site;
(6) Decentralizing and micro-managing Storm Water at its source; and
(7) Providing of aesthetically pleasing Storm Water management controls
(b) Maintaining natural function and mitigating impact to the hydrologic cycle of a site allows for greater protection of the water resources of the site. This benefits the health, safety, and welfare of local stakeholders by controlling Storm Water at its source and minimizing the non-Point Source pollution that results in water resource degradation.
(Ord. 2013-29. Passed 3-20-13.)
1203.02 WAIVING OF SITE REQUIREMENTS.
(a) To encourage the use of low impact Development techniques, the Planning Commission is empowered to waive or otherwise modify other requirements. Such modifications of these requirements shall only be to the extent necessary to provide for and encourage the use of low impact Development techniques as described in this chapter and may be done only upon the recommendation of the Director.
(b) Any waiver in site requirements for low impact Development standards shall in no way be construed as a waiver of all requirements of the aforementioned articles. Therefore, whenever the Planning Commission allows deviation from the presumptive requirements set forth in the Zoning and Subdivision Codes Chapters, it shall enter on the face of the Development Permit the low impact Development site design standards and/or techniques that it accepts in lieu of meeting the standard set forth in the aforementioned Articles, and the reasons for allowing or requiring the deviation. (Ord. 2013-29. Passed 3-20-13.)
1203.03 LOW IMPACT DEVELOPMENT STANDARDS.
(a) The use of low impact Development standards may provide developers with flexibility in site design and numerous environmental and economic benefits. The following site design elements should be considered in low impact Development.
(1) Reduce Limits of Clearing and Grading. The limits of clearing and grading refer to the site area to which Development is directed. This Development area includes all impervious areas (roads, sidewalks, and rooftops) and pervious areas (graded lawn areas and open drainage systems).
A. To minimize hydrologic impacts on existing site land cover the area of Development should be located:
1. In less sensitive areas or areas with lower value in terms of hydrologic function (e.g., developing barren clay soils will have less hydrologic impact than Development of forested sandy soils).
2. Outside of sensitive area buffers such as streams, floodways, floodplains, wetlands, and steep slopes.
3. Outside of areas with soils which have high infiltration rates to reduce net hydrologic site impacts.
B. Additionally, minimal Disturbance techniques may be employed to further reduce the limits of clearing and grading, by restricting ground Disturbance by identifying the smallest possible area and clearly delineating it on the site.. These techniques include:
1. Reduce paving and compaction of highly permeable soils;
2. Minimizing the size of construction easements and material storage areas during the construction phase of a Development;
3. Avoid removal of existing trees where possible, and specifically those trees over 18 inches in diameter;
4. Minimizing imperviousness by reducing the total area of paved surfaces;
5. Disconnecting as much impervious area as possible to increase opportunities for infiltration and reduce water runoff flow;
6. Maintaining existing topography and associated drainage divides to encourage natural dispersed flow paths.
(2) Drainage as a Design Element. To reduce impacts created by land Development, site planning should incorporate drainage by carefully conducting hydrologic evaluations and reviewing spatial site layout options. These procedures should be incorporated into the site planning process early on to understand and take advantage of site conditions. Hydrologic evaluation procedures can be used to minimize runoff potential and to maintain the predevelopment time of concentration. Open drainage systems should be designed within natural landforms and land uses to become major design elements of a site plan or Development plan. The Storm Water management drainage system can suggest pathway alignment, optimum locations for open space, and potential building Development sites. The drainage system helps to integrate urban forms, giving the Development an integral, more aesthetically pleasing relationship to the natural features of the site. Not only does the integrated site plan complement the land, but it can also save on Development costs by minimizing earthwork and construction of expensive drainage structures.
(3) Minimize Impervious Surfaces. The entire traffic distribution network, (roadways, sidewalks, driveways, and parking areas), are the greatest source of impervious area. Changes in the impervious area alter runoff, recharge values, and site hydrology. Managing the imperviousness contributed by road and parking area pavement is an important component of the site planning and design process. An appropriate strategy may avoid problems from runoff and water table depletion, by reducing such surfaces that prevent natural filtration. Methods that can be used to achieve a reduction in the total runoff volume from impervious surfaces are presented below:
A. Alternative roadway layouts;
B. Narrow Road Sections. Reduced width road sections can be used to reduce total site imperviousness as well as clearing and grading impacts. By using the rural residential road section in place of the primary residential section, the width of paving may be reduced. The rural section also eliminates the use of concrete curb and gutter which reduces construction costs substantially and facilitates the use of vegetated roadside swales.
C. Reduced Application of Sidewalks to One Side of Primary Roads. Total site imperviousness can also be reduced by limiting sidewalks to one side of primary roads.
D. Reduced On-Street Parking. Reducing on-street parking requirements to one side, or even elimination of on-street parking altogether, has the potential to reduce road surfaces and therefore overall site imperviousness. Two-sided parking requirements may be unnecessary to provide adequate parking facilities for each lot.
E. Rooftops. Rooftops contribute to site imperviousness, and the number of lots per acre (or lot coverage) generally determines the site's rooftop impervious area. House type, shape, and size can affect rooftop imperviousness. Vertical construction (two story) is favored over horizontal layouts (ranch-style) to reduce the square footage of rooftops.
F. Vegetative Roof Systems. Moss, grass, herbs, wildflowers, and native plants may be used to create a lightweight and aesthetically pleasing permeable vegetative surface on an impervious roof area.
G. Driveways. Driveways are another element of the site plan that can be planned to reduce the total site imperviousness. Some techniques that can be used include:
1. Using shared driveways whenever possible, but especially in sensitive areas.
2. Limiting driveway width to nine (9) feet (for both single and shared driveways).
3. Minimizing building setbacks to reduce driveway length.
4. Using driveway and parking area materials which reduce runoff and increase travel times such as pervious pavers or gravel.
H. Permeable Pavement Surfaces. A variety of materials ranging from traditional asphalt, and concrete, gravel or pavers may be used to construct these surfaces. These roadways or parking areas must allow water to flow through, replenishing the soil areas directly beneath. The subbase underneath these permeable pavements must be engineered to accommodate temporary water storage and filtration.
(4) Minimize Directly Connected Impervious Areas. Additional environmental benefits can be achieved and hydrologic impacts reduced by disconnecting unavoidable impervious areas. Strategies for accomplishing this include:
A. Disconnecting roof drains and directing flows to vegetated detention areas.
B. Directing flows from impervious (paved) areas to stabilized vegetated areas.
C. Breaking up flow directions from large paved surfaces.
D. Encouraging sheet flow through vegetated areas.
E. Carefully locating impervious areas so that they drain to natural systems, vegetated buffers, natural resource areas, or infiltratable soils.
(5) Modify Drainage Flow Paths. The time of concentration, in conjunction with hydrologic site conditions, determines the peak Discharge rate for a storm event. Site and infrastructure components such as: travel distance (flow path); slope of the ground surface and/or water surface; surface roughness; and channel shape, pattern, and material components can affect the time of concentration. Techniques that can affect and control the time of concentration can be incorporated into site design by managing flow and conveyance systems within the Development site:
A. Maximize overland sheet flow;
B. Increase and lengthen flow paths;
C. Lengthen and flatten site and lot slopes;
D. Maximize use of open swale systems;
E. Increase and augment site and lot vegetation.
(b) In order to reduce the volume of Storm Water runoff and decentralize flows, a basic strategy incorporating the following low impact Development practices and techniques should be integrated in the overall site design.
(1) Open Swales. These may serve as alternatives to curb and gutter systems. Grass or other vegetation should be used to reduce runoff velocity and allow filtration, while channeling high volume flows safely away.
A. Plantings, check dams, and other similar features may be incorporated to further reduce velocity and increase filtration;
B. Walkways shall be separated from roadways by such swales or relocated to another area;
C. Plant species used shall be selected for their tolerance to salt.
(2) Rain Gardens. These areas provide storage for excess Storm Water to collect and filter into the soil. Typical components of these gardens include grass buffers, sand beds, a ponding area for excess runoff storage, organic layers, and planting soil and vegetation.
A. They shall be located on site away from any structures and/or roadways;
B. Downspouts should be directed towards such rain gardens;
C. Permanent ponds may be incorporated into the design of the garden;
D. Temporary storage areas without ponds may be used;
E. Such areas shall be landscaped with native plants and grasses;
F. Plantings shall be selected according to their ability to tolerate pollutants;
G. Annual maintenance guarantees must be provided for these areas in the site plan or Development plan.
(3) Filter Strips. These areas are designed to collect flow from large impervious surfaces (parking lots, et cetera). They may direct water into vegetated detention areas or special sand filters that capture pollutants and gradually discharge the water.
(4) Cisterns/Rain Barrels.
A. Cisterns are designed to store Storm Water for irrigation during dry periods, rather than channeling it away. Cistern collection systems may be designed to be installed beneath permeable pavement areas allowing for maximum storage capacity.
B. Rain barrels are smaller and are designed to collect individual residential Storm Water from roof drainage.
(Ord. 2013-29. Passed 3-20-13.)
CODIFIED ORDINANCES OF KENT