(1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of floodwaters, and regulating base flow.

      (2)   Assist in stabilizing the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.

      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

      (4)   Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.

      (5)   Provide watercourse habitats with shade and food.

      (6)   Provide habitat to a wide array of aquatic organisms, wildlife, many of which are on Ohio's Endangered and/or Threatened Species listings, by maintaining diverse and connected riparian and wetland vegetation.

      (7)   Benefit the Community 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; provide free water absorption, filtration and well recharge; and by contributing to the scenic beauty and environment of the Community, and thereby preserving the character of the Community, the quality of life of the residents of the Community, and corresponding property values.

         A.   All lands that are within the jurisdiction of the Community and that border designated watercourses and wetlands as defined in these regulations.

         B.   These regulations shall apply to property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the Community.

         C.   These regulations shall apply to all building permits, which involve soil disturbing activities.

      (2)   The Community shall issue no approvals or permits without full compliance with the terms of these regulations.

      (3)   Soils maps located in the Soil Survey for Portage County, Ohio, USDA, NRCS.

      (1)   A minimum of 300 feet on each side of all streams draining an area greater than 300 square miles.

      (2)   A minimum of 100 feet on both sides of all watercourses draining an area greater than 20 square miles and up to 300 square miles.

      (3)   A minimum of 75 feet on both sides of all watercourses draining an area greater than one half square mile (320 acres) and up to 20 square miles.

      (4)   A minimum of 50 feet on both sides of all watercourses draining an area greater than 0.05 square miles (32 acres) and up to one half square mile (320 acres).

      (5)   A minimum of 25 feet on both sides of all watercourses draining an area less than 0.05 square miles (32 acres).

      (1)   The Community shall use the latest edition of the official soil survey that shows drainage features, 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 criteria shall prevail.

      (3)   In reviewing and interpreting the maps the Community may consult with a representative of the local county SWCD and other technical experts as necessary.

      (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 and marked in the field 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. The 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the Engineering Director and/or his or her designees. The 100-year floodplain shall be defined by FEMA.

      (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 Community 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. All wetland delineations shall also include the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of the regulations.

   (a)   A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.

   (b)   A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.

   (c)   A minimum of 25 feet surrounding and including all Ohio EPA Category 1 Wetlands, or current equivalent Ohio EPA classification.

      (1)   Upon filing a request for a building permit that does not involve changing of any parcel boundaries or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Portage County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.

      (2)   If a potential wetland is shown on any of the maps or if there is reason for the Community to believe that an unmapped wetland exists including but not limited to vernal pools, wet woods, or any well water re-charge areas, or on or within 50 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.

      (1)   Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed:

      (2)   A qualified wetland professional, acceptable to the Engineering Director and/or his or her designees, shall determine the presence of Ohio EPA Category 1, 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 Engineering Director and/or his or her designees.

      (3)   If Ohio EPA Category 1, 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property/parcel split plans, land development plans, and/or permit applications submitted to the Community.

         A.   Wetlands shall be delineated by a site survey, approved by the Community, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.

         B.   Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the Community.

      (4)   Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.

      (5)   No approvals or permits shall be issued by the Community prior to delineation of wetland setbacks in conformance with this regulation.

      (1)   Recreational Activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, non-motorized bicycling, fishing, hunting, picnicking, and similar uses and associated structures including boardwalks, pathways constructed of pervious material, picnic tables, and wildlife viewing areas.

      (2)   Removal of Storm Damaged or Diseased Trees. Storm Damaged or diseased trees may be removed. Because of the potential for storm damaged braches to damage downstream properties and/or block ditches or otherwise exacerbate flooding, new logs and branches resulting from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall be anchored to the shore or removed from the 100-year floodplain. Existing downed logs and braches help stabilize the soil and should not be moved.

      (3)   Revegetation and/or Reforestation. The revegetation and/or reforestation of the Riparian Setback shall be allowed without approval of the Portage SWCD. Native Species of shrubs and plants are recommended for stabilizing flood prone areas along streams within the City of Streetsboro are listed in the Appendix.

      (4)   Maintenance of lawns, gardens and landscaping: Lawns, gardens and landscaping, that existed at the time this ordinance was passed, may be maintained as long as they are not increased in size, or having increased amounts of fertilizer, pesticides and/or herbicides.

      (1)   Stream bank Stabilization/Erosion Control Measures. Best Management Practices (BMP's) for stream bank stabilization or erosion control may be allowed if such practices are within permitted uses by the local, state, and federal government regulations and are ecologically compatible and emphasize the use of natural materials and native plant species where practical and available. Such stream bank stabilization/erosion control practices shall only be undertaken upon approval of a Storm Water Pollution Prevention Plan (SWPPP or SW3P) by the Portage SWCD.

      (2)   Crossings. In reviewing plans for stream crossings, the City may confer with the Portage SWCD, the Ohio Department of Natural Resources, Division of Natural Areas; the Ohio Environmental Protection Agency, Division of Surface Water; the County of Portage Engineer; the Portage County Water Resources Department; the Portage County Health Department; or other technical experts as necessary.

         A.   Limited crossings of designated streams through the Riparian Setback by vehicles, storm sewers, sewer and/or water lines, and public utility lines will be per the approval of local, county, and state governing agencies and as a part of the regular subdivision review process.

         B.   One driveway crossing per stream per tax parcel will be allowed for an individual landowner.

         C.   Roadway crossings for major and minor subdivisions, open space subdivisions, or any other non-single family residential use shall be designed and constructed per the City of Streetsboro Engineer's design standards and as approved by the City of Streetsboro Planning Commission. If more than two crossings per 1,000 lineal feet of stream center are required for these areas, the applicant must apply for a variance.

         D.   All roadway crossings shall be perpendicular to the stream flow and shall minimize disturbance to the Riparian Setback and shall mitigate any necessary disturbances.

      (3)   Placement of storm water retention or detention facilities may be considered within the Riparian Setback if:

         A.   Storm water quality treatment that is consistent with current state standards is incorporated into the basin.

         B.   The storm water quality treatment basin is located at least 50 feet from the ordinary high water mark of the stream.

      Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in the Riparian Setback provided the landowner allows natural succession of native species.

      (1)   Undeveloped parcels that have received site evaluation approval and/or permit approval prior to the enactment of this ordinance.

      (2)   Dwellings served by disposal/treatment systems existing at the time of passage of these regulations when such systems are properly sited (approved site evaluation) and permitted or in accordance with the Portage County Health Department and/or the Ohio Environmental Protection Agency. Existing failing systems which are located within the Riparian Setback can be upgraded with approval of the Portage County Health Department and/or the Ohio Environmental Protection Agency.

      (1)   The expansion conforms to existing zoning regulations.

      (2)   The expansion must not impact the stream channel or the 100-year flood plain.

      (3)   The expansion must not exceed an area of 15% of the footprint of existing structure or use that lies within the Riparian and/or Wetland setback. Expansions exceeding 15% of the footprint within the Riparian and/or Wetland Setback must be obtained through the variance process.

      (2)   The expansion must not impact the stream channel, wetlands or the 100-year floodplain.

      (3)   The expansion of a non-residential structure or use must not affect upstream or downstream hydrologic conditions which could cause damage from flooding or stream bank erosion to landowners in those areas. The hydrologic study must be completed by non-residential applicants only as a process of the variance application.

      (4)   The expansion of a non-residential structure or use will not exceed 25% of the footprint area. The 25% expansion limit is per the portion of the structure or use that lies within the Riparian Setback.

      (1)   An additional stream crossing or crossings for a subdivision or open space development which is necessary for the health, welfare, and safety of the residents of the subdivision.

      (2)   A reduction of the setback width, not to exceed 10% of the prescribed Riparian Setback width.

      (1)   Facilities which use, store, distribute, or sell petroleum-based products or any hazardous materials. Such facilities include, but are not limited to: asphalt plants, dry cleaners, gasoline services, and road maintenance facilities.

      (2)   Facilities which use, store, distribute, or sell products which may contribute higher than acceptable concentrations of dissolved or particulate matter to storm water runoff around the facility. Such facilities include, but are not limited to: landfills or transfer stations, junk yards, recycling facilities, quarries and borrow pits, sand and gravel extraction operations, and road salt storage barns.

      (1)   Varying the front, rear and side yard setback before the riparian and wetland setbacks are varied.

      (2)   Variances should not be granted for asphalt or concrete paving in the riparian and wetland setbacks in any situation where gravel or porous pavement (i.e., porous pavers, and similar products) will do the job.

      (1)   A parcel existing at the time of passage of this chapter is made unbuildable.

      (2)   The soil type natural vegetation of the parcel, as well as the percentage of the parcel that is in the 100-year floodplain. The criteria of the Community's flood damage prevention regulations may be used as guidance when granting variances in the 100-year floodplain.

      (3)   The extent to which the requested variance impairs the flood control, soil 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.

      (4)   The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.

      (5)   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 soil erosion and maximize sediment control.

      (6)   The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in riparian setback areas compromises their benefits to the Community.

      (7)   A reduction in storm water infiltration into the soil in wetland areas will occur.

      (8)   A requested above ground fence does not increase the existing area of mowed grass or lawn.

      (9)   Modifying parking requirements before varying the riparian setback.

      (10)   Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback.

      (11)   In the case of a lot made unbuildable by this regulation, consider the minimum variance needed to make it buildable for an appropriately sized and compatibly designed structure, while following the guidance provided in this section.

      (12)   Whether the variance will increase the likelihood for flooding or erosion damage to either the applicant's property or to other properties.

      (13)   Culverting of watercourses should be avoided.

      (14)   Whether the variance will result in the need for artificial slope or bank stabilization measures that could interfere with the functions of the riparian zone.

      (1)   If the loss will result in increased flooding, stream bank erosion, or in-stream sedimentation, the loss shall be mitigated at the site or upstream of the site in the same watershed.

      (2)   If biological functions are the only loss, mitigation will occur upstream whenever feasible. If not, a downstream site will be sought. If no suitable mitigation sites can be found on the affected stream, a site located anywhere in the community shall be selected.

      (3)   All wetland losses must be mitigated upstream of the disturbed locations.

      (4)   Mitigation or riparian and wetland setback losses shall consist of a minimum of 150% of the area disturbed by the variance granted.

      (5)   Mitigation of actual wetland losses shall be at the rate of 150% of the area lost by the variance granted.

      (6)   Mitigation of wetland setback losses can occur at any previously impacted site in the community or in an upstream tributary area outside of the community.

      (7)   Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that identifies all requested losses, an evaluation of mitigation needs and documentation of the planned mitigation to offset the losses; this statement will be submitted to Ohio EPA at part of the community's Annual Storm Water Program Report.

      (8)   Prior to granting any variance that results in a loss of riparian or wetland function or wetland area, the applicant must submit a statement that legally binds the applicant to complete, at his or her personal expense, any future mitigation and to pay any penalties or fines that may be assessed or assigned to the community by any regulatory authority relative to the granting of any of the applicants requested variances under this ordinance.

      (9)   Completion of all mitigation projects resulting from the granting of variances under this section shall be completed before any construction or maintenance guarantee for the project can be released.

      (1)   Prior to any soil disturbing activities authorized by the Community for a property/parcel split, land development plan, and/or building permit. The applicant or his or her designated representative shall provide the Community with at least five (5) working days notice prior to starting soil disturbing or land clearing activities.

      (2)   Prior to starting any of the activities authorized by the Community under the uses permitted in riparian and wetland setbacks section of these regulations, the applicant or his or her designated representative shall provide the Community with at least five (5) working days notice prior to starting such activities.

      (3)   Any time evidence is brought to the attention of the Community that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

      (1)   Description of the Plan of Construction: The following information shall be included in the Construction Site Conservation Plan:

            i.   A description of the prior land uses of the site.

            ii.   A description of the nature and type of construction activity (e.g., low density residential, shopping mall, highway, etc.).

            iii.   A description of the total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavating, filling or grading, including off-site borrow, fill or spoil areas and off-site utility installation areas).

            iv.   An estimate of the impervious area and percent imperviousness created by the construction activity.

            v.   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 the county, by the Natural Resources Conservation Service (NRCS),

            vi.   An onsite, detailed Soils Engineering Report if required by the Engineering Director and/or his or her designees.

            vii.   The name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water and the major river watersheds in which it is located.

            i.   The larger common plan of development or sale

            ii.   The development area

            iii.   All pertinent surrounding natural features within 200 feet of the development site including, but not limited to:

               I.   Water resources such as wetlands, springs, lakes, ponds, rivers and streams (including intermittent streams with a defined bed and bank)

               II.   Conservation Easements

               III.   Other sensitive natural resources

               IV.   The sensitive areas receiving runoff from the development

            iv.   All off-site borrow or spoil areas

            v.   All off-site utility installation areas that are related to the planned project

         C.   The existing and proposed topography shown in the appropriate contour intervals as approved by the Engineering Director and/or his or her designees (generally one-foot contours are used).

         D.   The location and description of existing and proposed drainage patterns and facilities, including any allied drainage facilities beyond the development area and the larger common plan of development or sale.

         E.   Existing and proposed watershed boundary lines, direction of flow and watershed acreage.

         F.   The person or entity responsible for continued maintenance of all vegetative and/or mechanical BMPs for both the construction and post-construction phases of the development.

         G.   Long-term maintenance requirements and schedules of all BMPs for both the construction and post-construction phases of the development.

         H.   Long-term maintenance inspection schedules.

         I.   The person or entity financially responsible for conducting the inspections of, and the maintenance of, permanent storm water conveyance and storage structures and all other conservation practices.

         J.   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.

         K.   The location of any existing or planned riparian and/or wetland setback areas on the property.

         L.   The plan must clearly describe, for each major construction activity, the appropriate BMPs and the general timing (or sequence) during the construction process of when the measures will be implemented; and, who (which contractor) will be responsible for implementation (e.g., Contractor A will clear, grub and install perimeter controls and Contractor B will maintain perimeter controls until final stabilization; Contractor C will conduct and document the scheduled inspections.)

         M.   Location and description of any storm water discharges associated with dedicated asphalt and concrete plants covered by this regulation and the Best Management Practices to address pollutants in these storm water discharges.

         A.   The Construction Site Conservation Plan shall include a map showing the location of:

            i.   The limits of earth disturbing activity including excavations, filling, grading or clearing.

            ii.   Original Drainage patterns, and drainage patterns during major phases of construction.

            iii.   The location of each proposed soil erosion and sediment control BMP, including:

               I.   Permanent soil erosion control practices to be left in place after construction operations have been completed (e.g. level spreaders, permanent erosion control matting, gabions, rock lined channels, etc.),

               II.   Areas likely to require temporary stabilization during the course of site development,

               III.   Designated construction entrances where vehicles will access the construction site,

               IV.   In-stream activities including stream crossings,

               V.   Areas designated for the storage or disposal of solid, sanitary and toxic wastes,

               VI.   Dumpsters,

               VII.   Cement truck washout,

               VIII.   Fuel tanks,

               IX.   BMPs that divert runoff away from disturbed areas and steep slopes where practicable including rock check dams, pipe slope drains, diversions to direct flow away from exposed soils, and protective grading practices,

            iv.   Existing and proposed locations of buildings, roads, parking facilities and utilities.

            v.   Identification, location, and boundaries for any existing wetlands, stream channels, floodplains, and other sensitive areas, and their respective setbacks.

            vi.   Location, and boundaries for any existing wetlands, stream channels, floodplains and other sensitive areas the owner intends to fill or relocate for which the owner is seeking approval from the US Army Corps of Engineers and/or Ohio EPA, and for which monetary or other mediation may or may not be owed.

         B.   The Construction Site Conservation Plan shall include a list of soil erosion and sediment control BMPs being used and the standards and specifications, including detailed drawings, for each BMPs. This list shall include:

            i.   Methods of controlling the flow of runoff from disturbed areas so as to prevent or minimize erosion.

            ii.   Identification of the Structural Practices to be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. A description shall be included of how each selected control will store runoff so as to let sediments settle out and/or divert flows away from exposed soils or act to limit runoff from exposed areas.

            iii.   Identification for each Structural Practice of its size, detail drawings, maintenance requirements and design calculations.

            iv.   The type and amount of native or non-invasive plant seed, non-invasive or native live plants, fertilizer, agricultural ground limestone and mulch to be used. Specification of soil testing requirements for fertility and lime requirements will be included. Specification for the use of non-invasive or native perennial grass seed will also be included.

            v.   Settling ponds will be identified with basic dimensions and the calculations for size and volume.

            vi.   Detailed drawings and installation requirements of all other structural control BMPs.

            vii.   Any other soil erosion and sediment control related BMPs and items that are required by the Engineering Director and/or his or her designees.

            viii.   For developments where the overall plan does not call for centralized sediment control capable of controlling multiple individual lots, a detail drawing of a project specific typical individual lot showing standard individual lot soil erosion and sediment control practices and the sequence and timing of BMP installation for the individual lots. This does not remove or eliminate the responsibility to designate and install specific soil erosion and sediment control practices for the storm water discharges.

         C.   The Construction Site Conservation Plan shall include the scheduling, phasing, and coordination of construction operations and erosion and sediment control BMPs, including vegetative plantings and mulch.

      (3)   The Construction Site Conservation Plan shall include a description of the Storm Water Management (SWM) practices to be used on the site. The SWM element of the Plan shall include, at a minimum, the following:

         A.   A map showing the location, drawn to scale, of permanent SWM conveyance, detention and retention structures, other SWM control structures and the SWM easements.

         B.   A general description of the SWM strategy proposed to meet this ordinance.

         C.   Design calculations for all permanent SWM conveyance, detention and retention structures, and other SWM control structures.

         D.   Any other SWM related items required by the Engineering Director and/or his or her designees.

      (1)   Where storm sewer drainage areas include 10 or more acres disturbed at one time, a temporary (or permanent) sediment settling pond must be provided until final stabilization of the site. In single-family residential construction, final stabilization is after the houses are built and permanent landscaping is done.

         A.   Alternative equivalent controls may be used if the owner can show, in writing, that the Ohio EPA approved the use the alternatives in the (Ohio EPA NPDES Permit for Construction Activity) Storm Water Pollution Prevention Plan (SWP3) for the site.

         B.   It is recommended that for drainage locations of less than 10 acres, smaller sediment settling basins and/or Sediment Traps be used.

      (2)   Each facility's storage capacity shall be no less than sixty-seven (67) cubic yards per acre of total contributing drainage area. The storage volume will be measured from the bottom of the basin to the top of the primary (principle) spillway.

      (3)   Permanent storm water management ponds that are designed to trap sediment during construction shall be designed to provide for a slow release of sediment-laden water. The draw down time must be at least 72 hours, or meet the criteria in the Ohio Rainwater and Land Development manual whichever is most stringent.

      (4)   The design configuration between inlet(s) and the outlet of settling ponds must provide at least two units of length for each one unit of width (> 2:1 length to width ratio).

      (5)   The depth of the sediment settling pond must be less than or equal to five (5) feet.

      (6)   Sediment must be removed from the sediment settling ponds when the design capacity has been reduced by 40%.

      (7)   Public safety, especially as it relates to children, must be considered in the design. Alternative sediment controls must be used where site limitations would preclude a safe design.

      (8)   Temporary sediment settling ponds will not be constructed in any stream channel, wetland or sensitive area.

      (1)   All storm sewer inlets that accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer, unless the storm drain system drains to a Sediment Settling Pond and is exempted in writing by the Engineering Director and/or his or her designees. In areas where construction will be ongoing, such as subdivisions, the storm sewer protection shall be maintained until all up slope areas reach final stabilization, as determined by the Engineering Director and/or his or her designees.

      (2)   At the end of this period the site owner shall hydraulically clean the storm sewers to the satisfaction of the Engineering Director and/or his or her designees. All sediments shall be removed from the system and shall not be flushed downstream.

      (1)   Construction vehicles shall avoid water resources, wetlands, riparian areas, and their setbacks. If construction vehicles must cross these areas during construction, an approved temporary crossing shall be constructed. Streams, including intermittent streams with a defined bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. Erodible materials will not be used in making stream crossings.

      (2)   No soil, rock, debris, or 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, and erosion or sediment control structures.

      (3)   If construction activities disturb areas adjacent to streams, structural practices shall be designed and implemented on site to protect the adjacent streams from the impacts of sediment runoff.

      (4)   No temporary or permanent sediment controls will be constructed in a stream channel.

      (5)   Streams and wetland setbacks required by the community will be implemented. As a minimum a setback of 25 feet, as measured from the ordinary high water mark of the surface water, will be maintained in its natural state as a permanent buffer.

      (1)   Measures shall be taken to prevent soil transport onto public roads, or surfaces where runoff is not checked by sediment controls.

      (2)   Stone with geotextile construction entrance(s) shall be implemented as required by the Engineering Director and/or his or her designees and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual.

      (3)   Where soil is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day, or more frequently, in order to ensure public safety. Soil shall be removed from paved surfaces by shoveling or sweeping. Street washing shall be allowed only after shoveling or sweeping has removed most of the sediment and street sewer inlet protection is properly installed unless end of sewer sediment ponds exist and are properly functioning.

      (4)   Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (e.g. wood and stone) can be used.

      (1)   Unstable soils will be as determined by the local county Soil Survey or by a detailed soils report.

      (2)   The Engineering Director and/or his or her designees may require detailed soil reports when deemed necessary.

      (3)   Unstable soils prone to slipping or land sliding shall not be graded, excavated, filled or have loads imposed upon them unless the work is performed in accordance with a qualified professional engineer's recommendations to correct, eliminate, or adequately address the problems.

      (1)   Trenches shall remain open for no more than five days.

      (2)   There shall be no turbid discharges to surface waters resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment settling pond or another equally effective sediment control device, prior to being discharged from the construction site or to waters of the state.

      (3)   When discharging clean ground water care must be taken to ensure that it does not become pollutant laden by crossing over disturbed soils or other pollutant sources.

      (1)   If inspections or other information indicates a control has been used inappropriately or incorrectly or it has failed, it must be replaced or modified for the site conditions.

      (2)   The owner of the development area shall have the site inspected for soil erosion, sediment control and other environmental concerns every seven (7) calendar days, and within twenty-four (24) hours of a 0.5 inch or greater rainfall event until the Engineering Director and/or his or her designees certifies the site as being stable. The Engineering Director and/or his or her designee's certification does not relieve the permittee from meeting the Ohio EPA NPDES inspection requirements.

      (3)   The owner, 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. The inspections shall include the date of the inspection, the name of the inspector, weather conditions, and the actions needed to correct the identified problems.

      (4)   The inspection log will include the date and actions taken to correct problems noted in past inspection logs.

      (5)   If the construction site is subject to Ohio EPA's National Pollutant Discharge Elimination System (NPDES) permit for construction activity, a copy of all of the required inspection sheets will be submitted to the Engineering Director and/or his or her designees within three (3) working days of the date that the inspection was conducted.

      (6)   Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.

      (7)   Erosion and sediment controls identified in the Storm Water Pollution Prevention Plan shall be observed to ensure that they are operating correctly.

      (8)   Discharge locations shall be inspected to ascertain whether erosion and sediment control measures are effective in preventing significant impacts to the receiving waters.

      (9)   Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.

      (10)   If the inspection reveals that a control practice is in need of repair or maintenance, with the exception of sediment settling ponds, it must be repaired or maintained within three (3) days of the inspection. Sediment settling ponds must be repaired or maintained within ten (10) days of the inspection.

      (11)   If any inspection reveals that a control practice fails to perform its intended function and that another, more appropriate control practice is required, the Construction Site Conservation Plan must be amended and the new control practice must be installed within 10 days of the inspection.

      (12)   If the inspection reveals that a control practice has not been implemented in the time required by this ordinance it must be installed within ten (10) days from the date of inspection.

      (13)   If the inspection reveals that a planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.

      (1)   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.

      (2)   The washing of excess concrete material into a street, catch basin, or other public facility or natural resource shall not occur. A designated area for concrete washouts shall be made available and used for all concrete washouts.

      (3)   All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self-contained "dike," the plug will be kept in the "dike" tank at all times.

      (4)   Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. Local health districts and Ohio EPA can provide guidance on these issues.

      (5)   On a site with a prior industrial land use or a site that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals or other Ohio EPA regulated contaminates, the storm water is considered wastewater. A permit from Ohio EPA is required to address these sites.

      (6)   Proper permits shall be obtained for development projects on solid waste landfill sites.

      (7)   Paint, paint washing liquids, excess paints and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable state regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of these wastes into surface or ground waters.

         A.   Water based paint washing liquids and small quantities of excess water based paints may be disposed of by flushing down a connected sanitary sewer but may not be disposed of in an on-lot disposal system.

         B.   All other paints, paint thinners, and paint cleaning materials will be disposed of in the site's hazardous waste disposal dumpster.

      (8)   Restroom facilities will be provided for site workers at all times that workers are present on the site and during all phases of the construction.

      (9)   All required permits from appropriate federal, state, or local agencies are required to develop land with a previous industrial or commercial use or another use that may have led to soil contamination by a regulated pollutant.

         A.   The primary spillway opening shall not permit access to the public and other non-maintenance personnel.

         B.   The perimeter of all water pool areas that are deeper than three (3) feet shall be surrounded by benches that meet the following:

            i.   A safety bench, with a maximum slope of 3%, which extends outward, on dry land, from the shoreline. This bench will be a minimum of 25 feet wide to provide for the safety of individuals and maintenance vehicles that are adjacent to the water pool. The safety bench may be landscaped, without the use of structures, to prevent access to the water pool.

            ii.   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).

            iii.   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.

            iv.   Side slopes beyond the aquatic bench and below the permanent water level shall not be steeper than 2:1 (2 feet horizontal for every 1 foot vertical).

            v.   The contours of the pond will be designed and managed to eliminate drop-offs and other hazards.

            vi.   Side slopes getting to the pond shall not exceed 3:1 and shall terminate on a safety bench.

            vii.   Soil erosion and sediment control practices used to satisfy these standards shall meet the standards and specifications in the current edition of the Ohio Rainwater and Land Development manual, NRCS Field Office Technical Guide for the local county or the Ohio EPA, which ever is most stringent.

      (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; for example, constructing special infiltration areas where soils are suitable, retaining topsoil for all areas to be vegetated, or providing good infiltration areas with proper emergency overflow facilities.

      (4)   Provisions for detention and retention, for example, permanent retention ponds and lakes, dry detention basins, and subsurface detention tanks.

         (Ord. 2009-74. Passed 6-22-09.)

      (1)   Determine the total volume of runoff from a one-year frequency, twenty-four hour storm, occurring on the development area before and after development.

      (2)   From the volumes in paragraph (1) determine the percent of increase in volume of runoff due to development according to the equation (Q after divided by the Q before) X 100 and, using this percentage, select the critical storm from this table:

      (1)   For any development regulated by this ordinance, the construction of a detention or retention basin may not be required for the development if the post-development peak discharge for a 100 year frequency 24 hour storm increases the existing peak discharge by one (1) cubic foot per second or less using the TR-55 method of calculation or other method approved by the Engineering Director and/or his or her designees. The Engineering Director and/or his or her designees can waive this requirement if existing storm sewers and drainage structures can safely handle the expected increase in flow.

      (2)   Only one (1) exemption will be allowed per parcel. Any subsequent expansion must provide for detention or retention and must include the previously exempted area.

      (1)   Fees shall be paid in an amount specified by the Engineering Director and/or his or her designees. These fees shall be applied by the Community to storm water management practices that reduce existing storm water runoff.

      (2)   Implementation of off-site storm water management practices.

      (3)   Watershed or stream restoration.

      (4)   Retrofitting of an existing storm water management practice.

      (5)   Other practices approved by the Engineering Director and/or his or her designees in keeping with the intent of this section.

         (Ord. 2009-74. Passed 6-22-09.)

      (1)   A copy of the U.S. Army Corps of Engineers Individual Permit, if required for the project, showing project approval and any restrictions that apply to site activities; or

      (2)   A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit; or

      (3)   A letter from the site owner verifying that a qualified professional has surveyed the site and found no wetlands or other waters of the United States. Such a letter shall be noted on site plans submitted to the Community.

         (Ord. 2009-74. Passed 6-22-09.)

      (1)   Security Bond, Escrow Account, Certified Check or Cash shall be deposited with the Community prior to review by the Engineering Director and/or his or her designees and/or its consultants to cover professional services of the Engineering Director and/or his or her designees, Building Commissioner, Zoning Inspector and/or other experts required by the Engineering Director and/or his or her designees, Community Council, Mayor or Review Boards.

      (2)   No soil disturbing activities shall be permitted until a Security Bond, Escrow Account, Certified Check or Cash has been posted to the satisfaction of the Engineering Director and/or his or her designees sufficient for the Community to perform the obligations otherwise to be performed by the owner or person responsible for the development area as stated in this regulation, and to allow all work to be performed as needed in the event that the owner or person responsible for the development area fails to comply with the provisions of this regulation. The Security Bond, Escrow Account, Certified Check or Cash shall be released only after all work required by this regulation has been completed to the satisfaction of the Engineering Director and/or his or her designees and all permit and inspection fees required by these regulations have been paid in full.

      (3)   No project subject to this regulation shall commence without the Construction Site Conservation Plan having been approved by the Engineering Director and/or his or her designees.

      (1)   At the preliminary plan approval request, the preliminary plans only need to show all of the following existing and planned features: streams, water bodies, wetlands, riparian and wetland setback areas, permanent BMPs and storm water management detention and retention basins.

      (2)   At the improvement plan approval request, the entire Comprehensive Storm Water Management Plan must be submitted.