Woodmere City Zoning Code
TITLE FIVE
Stormwater Management Code
1181.01 PURPOSE AND SCOPE.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable standards to achieve a level of erosion and sediment control that will minimize damage to property and degradation of water resources, and will promote and maintain the health and safety of the residents of Village of Woodmere:
(b) This regulation will:
(1) Allow development while minimizing increases in erosion and sedimentation.
(2) Reduce water quality impacts to receiving water resources and wetlands that may be caused by new development or redevelopment activities.
(c) This regulation applies to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways, underground cables, or pipelines; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; general clearing; and all other uses that are not specifically exempted in Section 1181.01 (d).
(d) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(Ord. 2016-100. Passed 12-14-16.)
1181.02 DEFINITIONS.
For purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(b) ACRE: A measurement of area equaling 43,560 square feet.
(c) ADMINISTRATOR: The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.
(d) COMMENCEMENT OF CONSTRUCTION: The initial disturbance of soils associated with clearing, grubbing, grading, placement of fill, or excavating activities or other construction activities.
(e) COMMUNITY: Throughout this regulation, this shall refer to Village of Woodmere, its designated representatives, boards, or commissions.
(f) CONCENTRATED STORMWATER RUNOFF: Any stormwater runoff that flows through a drainage pipe, ditch, diversion, or other discrete conveyance channel.
(g) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this regulation.
(h) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(i) DEWATERING VOLUME: See current Ohio Rainwater and Land Development Manual.
(j) DISCHARGE: The addition of any pollutant to surface waters of the state from a point source.
(k) 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.
(l) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.
(m) DRAINAGE: (I) The area of land contributing surface water to a specific point. (2) The removal of excess surface water or groundwater from land by surface or subsurface drains.
(n) DRAINAGE WATERSHED: For the purpose of this regulation the total contributing drainage area to a SCM, i.e., the "watershed" directed to the practice. This includes offsite contributing drainage.
(o) DRAINAGE WAY: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
(p) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(q) EROSION AND SEDIMENT CONTROL: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(r) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches 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. Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs).
(s) GRADING: The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(t) GRUBBING: Removing or grinding of roots, stumps and other unwanted material below existing grade.
(u) IMPERVIOUS: That which does not allow infiltration.
(v) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.
(w) 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.
(x) MAXIMUM EXTENT PRACTICABLE (MEP): The technology-based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in stormwater discharges that was established by the Clean Water Act §402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR 122.34.
(y) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): 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:
(1) 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 a 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 Federal Water Pollution Control Act that discharges into surface waters of the state; and
(2) Designed or used for collecting or conveying solely stormwater,
(3) Which is not a combined sewer, and
(4) Which is not a part of a publicly owned treatment works.
(z) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The national program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits and enforcing pretreatment requirements, under sections 307, 402, 318, 405 under the Clean Water Act.
(aa) OPERATOR: Any party associated with a construction project that meets either of the following two criteria:
(1) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with A Stormwater Pollution Prevention Plan (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 SWP3 or comply with other permit conditions).
(bb) OWNER OR OPERATOR: The owner or operator of any "facility or activity" subject to regulation under the NPDES program.
(1) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with A Stormwater Pollution Prevention Plan (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 SWP3 or comply with other permit conditions.)
(cc) PARCEL: Means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a 'Permanent Parcel Number' assigned by the County Auditor's Office.
(dd) PERCENT IMPERVIOUSNESS: The impervious area created divided by the total area of the project site.
(ee) PERMANENT STABILIZATION: 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.
(ff) PERSON: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(gg) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(hh) POINT SOURCE: Any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, 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 stormwater runoff.
(ii) PRE-CONSTRUCTION MEETING: A meeting between the Village of Woodmere and all principle parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.
(jj) PRE-WINTER STABILIZATION MEETING: A meeting between the Village of Woodmere and all principal parties, prior to October I, in order to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan.
(kk) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio.
(ll) PROFESSIONAL WETLAND CONSULTANT: Individuals competent in botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(mm) QUALIFIED INSPECTION PERSONNEL: A person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.
(nn) RAINWATER AND LAND DEVELOPMENT MANUAL: Ohio's standards for stormwater management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(oo) 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.
(pp) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(qq) RUNOFF COEFFICIENT: The fraction of rainfall that will appear at the conveyance as runoff.
(rr) SEDIMENT: The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(ss) SEDIMENTATION: The deposition or settling of sediment.
(tt) 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.
(uu) SEDIMENT STORAGE VOLUME: See current edition of Rainwater and Land Development.
(vv) SETBACK: A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.
(ww) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(xx) SOIL & WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga SWCD.
(yy) STABILIZATION: The use of SCMs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(zz) STORMWATER CONTROL MEASURE (SCM): BEST MANAGEMENT PRACTICES (BMPs): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. SCMs BMPs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(aaa) STEEP SLOPES: Slopes that are 15 percent or greater in grade. NOTE: If otherwise defined in community zoning, use community definition.
(bbb) STORMWATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(ccc) STORMWATER: Storm water runoff, snow melt and surface runoff and drainage.
(ddd) SUBDIVISIONS, MAJOR AND MINOR: See Ohio Administrative Code 711.001 for definition.
(eee) SURFACE OUTLET: A dewatering device that only draws water from the surface of the water.
(fff) SURFACE WATER OF THE STATE: Also Water Resource or Water Body. Any stream, Jake, reservoir, marsh, wetland, or other waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.0 I of the Ohio Revised Code are not included.
(ggg) 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.
(hhh) TOPSOIL: The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.
(iii) TOTAL MAXIMUM DAILY LOAD (TMDL): The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water resource or wetland, or water resource or wetland 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 standard.
(jjj) UNSTABLE SOILS: A portion of land that is identified by the Village of Woodmere Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(kkk) WATER QUALITY VOLUME (WQv): The volume of stormwater 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.
(lll) VILLAGE: Throughout this regulation, this shall refer to Village of Woodmere, its designated representatives, boards, or commissions.
(mmm) WATER RESOURCE. Also SURFACE WATER OF THE STATE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(nnn) WATERSHED: The total drainage area contributing runoff to a single point.
(ooo) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended). (Ord. 2016-100. Passed 12-14-16.)
1181.03 DISCLAIMER OF LIABILITY.
(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property.
(b) By approving an SWP3 under this regulation, the Village does not accept responsibility for the design, installation, and operation and maintenance of stormwater management practices.
(c) Performance Liability. No provision of this Chapter shall limit, increase or otherwise affect the liabilities of the owner nor impose any liability upon the Village not otherwise imposed by law.
(d) No release from Other Requirements. No condition of this permit shall release the owner from any responsibility or requirements under other Federal, State, or local environmental Chapters. If requirements vary, the most restrictive requirements shall prevail.
(e) Proceeding with Activity. Soil-disturbing activities regulated under this Chapter shall not begin until all necessary Village, State and Federal permits and appropriate approvals of the SWP3 have been granted to the site owner.
(f) Performance Responsibility. The owner is responsible for carrying out all provisions of the approved SWP3 and for meeting all the standards and requirements of this Chapter. (Ord. 2016-100. Passed 12-14-16.)
1181.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a private or public nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting there from, and shall not result in the Village, its officers, employees, or agents being responsible for any condition or damage resulting there from. (Ord. 2016-100. Passed 12-14-16.)
1181.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS.
(a) This regulation requires that a Stormwater Pollution Prevention Plan be developed and implemented for all commercial and industrial site development and all development projects disturbing of one (1) acre or more and on which any regulated activity of Section 1181.01(c) is proposed. The Village Engineer has the discretion to require a SWP3 for projects on sites of any size.
(b) The following activities shall submit an Abbreviated SWP3:
(1) New single-family residential construction regardless of parcel size. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, a full SWP3 and compliance with the Ohio EPA Construction General Permit may be required.
(2) Additions, accessory buildings, pads, landscaping or driveways. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, a full SWP3 and compliance with the Ohio EPA Construction Site General Permit are required.
(3) General clearing activities not related to construction. If such activities disturb one (1) acre or more, or are part of a larger common plan of development or sale disturbing one (1) acre or more, compliance with the Ohio EPA Construction Site General Permit and a full SWP3 are be required.
(c) Activities disturbing 1/10th (one tenth) or less are not required to submit a SWP3 or an Abbreviated SWP3, unless required by the Village Engineer. These activities must comply with all other provisions of this regulation.
(Ord. 2016-100. Passed 12-14-16.)
1181.06 APPLICATION PROCEDURES.
(a) Soil Disturbing Activities Submitting a Stormwater Pollution Prevention Plan: The owner shall submit two (2) sets of the SWP3 and the applicable fees to the Village as follows:
(1) For subdivisions: After the approval of the preliminary plans and with submittal of the improvement plans.
(2) For other construction projects: Before issuance of a zoning permit.
(3) For general clearing projects: Before issuance of a zoning permit
(b) Soil Disturbing Activities Submitting an Abbreviated Stormwater Pollution Prevention Plan: The owner shall submit two (2) sets of the Abbreviated SWP3 and the applicable fees to the Village as follows:
(1) For single-family home construction: Before issuance of a zoning permit by the Zoning Inspector.
(2) For other construction projects: Before issuance of a zoning permit.
(3) For general clearing projects: Before issuance of a clearing permit by the Building Inspector.
(c) Soil disturbing activities shall not begin and building permits shall not be issued without an approved SWP3 or Abbreviated SWP3 and installation of perimeter sediment controls.
(d) SWP3 for individual sub-lots in a subdivision will not be approved unless the larger common plan of development or sale containing the sub-lot is in compliance with this regulation.
(e) For an SWP3 the developer, engineer and contractor, and other principal parties, shall meet with the Village Engineer for a Pre-Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas.
(f) Approvals issued in accordance with this regulation shall remain valid for one (1) year from the date of approval.
(Ord. 2016-100. Passed 12-14-16.)
1181.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the owner of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required to show proof of compliance with these state and federal regulations shall be submitted with Stormwater Pollution Prevention Plans or Abbreviated Stormwater Pollution Prevention Plans.
(a) Ohio EPA NPDES Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the owner'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 professional 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 U.S. Army Corps of Engineers at the time an application is made under this regulation.
(c) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of 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 U.S. Army Corps of Engineers at the time an application is made under this regulation.
(d) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. 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 U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
(1) A letter from a qualified professional who has evaluated 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 U.S. Army Corps of Engineers at the time an application is made under this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter from the site owner certifying and explaining why the Ohio Dam Safety Law is not applicable. (Ord. 2016-100. Passed 12-14-16.)
1181.08 STORMWATER POLLUTION PREVENTION PLAN.
(a) In order to control sediment pollution of water resources, the owner shall submit a SWP3 in accordance with the requirements of this regulation.
(b) The SWP3 shall include Stormwater Control Measures (SCMs) adequate to prevent pollution of public waters by soil sediment from accelerated stormwater runoff from development areas.
(c) The SWP3 shall be certified by a Registered Professional Engineer, a Registered Professional Surveyor, Certified Professional Erosion and Sediment Control Specialist, or a Registered Landscape Architect.
(d) The SWP3 shall be amended if required by the Village Engineer whenever there is a change in design, construction, operation or maintenance, which has a significant effect on the potential for the 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 stormwater discharges associated with construction activity.
(e) The SWP3 shall incorporate measures as recommended by the most current edition of Rainwater and Land Development as published by the Ohio Environmental Protection Agency and shall include the following information:
(1) A cover page or title identifying the name and location of the site, the name and contact information of all construction site operators, the name and contact information for the person responsible for authorizing and amending the SWP3, preparation date, and the estimated start and completion dates for construction.
(2) A copy of the permit requirements (attaching a copy of the current Ohio EPA NPDES Construction General Permit is acceptable).
(3) Site description: The SWP3 shall provide:
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
C. An estimate of the impervious area and percent of imperviousness created by the land disturbance.
D. A calculation of the run-off coefficients for both the pre-construction and post-construction site conditions.
E. Existing data describing the soil and, if available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
F. A description of prior land uses at the site.
G. An implementation schedule which describes the sequence of major soil disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence.
H. 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 disturbed areas of the project. For discharges to a municipal separate storm sewer system (MS4), the point of discharge to the MS4 and the location where the MS4 ultimately discharges to a water resource shall be indicated.
I. List TMDLs applicable for the site and demonstrate that appropriate SCMs or stormwater control measures (SCMs) have been selected to address these TMDLs. (A TMDL identifier table for Northeast Ohio communities is available at http://www.neohiostormwater.com].
J. For subdivided developments a detail 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.
K. Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the stormwater control measures to address pollutants in these stormwater discharges.
L. A log documenting grading and stabilization activities as well as amendments to the SWP3, which occur after construction activities commence.
M. Each temporary and permanent stormwater practice shall be designated with an individual identification number.
N. Site map showing:
1. Limits of soil-disturbing activity of the site, including off site spoil and borrow areas.
2. Soils types should be depicted for all areas of the site, including locations of unstable or highly erodible soils.
3. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres.
4. Surface water locations including springs, wetlands, streams, lakes, water wells, etc., on or within 200 feet of the site, including the boundaries of wetlands or stream channels and first subsequent named receiving water(s) the owner intends to fill or relocate for which the owner is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
5. Existing and planned locations of buildings, roads, parking facilities, and utilities.
6. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.
7. Sediment and stormwater management basins, including their sediment settling volume and the maximum expected disturbed area that will be directed to the sediment pond during construction. The plan should include a summary of the following:
a. The required sediment storage and dewatering volumes
b. The provided sediment storage and dewatering volumes
c. The weir length or skimmer size, as applicable
d. The weir length or skimmer size provided
8. Data sheets for all sediment traps, sediment basins, and SCMs that identify contributing drainage area, disturbed area, water quality volume, sedimentation volume, dewatering volume, practice surface area, facility discharge and dewatering time, outlet type and dimensions, and any other relevant parameters for each practice.
9. A separate plan and profile view of each individual sediment settling pond and its outlet structure. Detail drawings of the outlet structure shall indicate the following elevations:
a. Pond bottom
b. Elevation required to store the required sediment storage volume
c. For sediment basins, the elevation at which the skimmer is attached
d. For sediment traps, the top and bottom of the stone outlet section
e. Elevation required to store the dewatering volume, exclusive of the sediment storage volume
f. Elevation of the top of embankment
g. Crest of the emergency spillway
10. Where used as a sediment-settling pond during construction, the plan shall include a detail drawing of the temporary outlet configuration of the permanent storm water basin with the following information specified:
a. Storage volume provided below the elevation at which the skimmer or other surface dewatering device is attached
b. Elevation at which the skimmer or other surface dewatering device is attached
c. Elevation at which the full dewatering zone is stored above the skimmer invert
e. Any temporary modification to permanent outlet orifices or weirs required to ensure no discharge below the skimmer invert and only the skimmer controls the discharge up to the top of the dewatering volume.
e. Calculations of the sediment storage volume, dewatering volume and skimmer drawdown time shall also be provided
11. The location of permanent SCMs to be used to control pollutants in stormwater after construction operations have been completed.
12. Areas designated for the storage or disposal of solid, sanitary and toxic wastes, including dumpster areas, areas designated for cement truck washout, and vehicle fueling.
13. Methods to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, and sanitary waste to precipitation, stormwater runoff, and snow melt.
14. Measures to prevent and respond to chemical spills and leaks. owners may also reference the existence of other plans (i.e., Spill Prevention Control and Countermeasure (SPCC) plans, spill control programs, Safety Response Plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.
15. 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.
16. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
17. The location of any in-stream activities including stream crossings.
(4) A soils engineering report. The Village Engineer may require the SWP3 to include a Soils Engineering Report based upon his/her determination that the conditions of the soils are unknown or unclear to the extent that additional information is required to protect against erosion or other hazards. This report shall be based on adequate and necessary test borings, and shall contain all the information listed below. Recommendations included in the report and approved by the Village Engineer shall be incorporated in the grading plans and/or other specifications for site development.
A. Data regarding the nature, distribution, strength, and erodibility of existing soils.
B. If applicable, data regarding the nature, distribution, strength, and erodibility of the soil to be placed on the site.
C. Conclusions and recommendations for grading procedures.
D. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed.
E. Design criteria for corrective measures when necessary.
F. Opinions and recommendations covering the stability of the site.
(Ord. 2016-100. Passed 12-14-16.)
1181.09 PERFORMANCE STANDARDS.
The SWP3 must contain a description of the controls appropriate for each construction operation and the owner must implement such controls. The SWP3 must clearly describe for each major construction activity the appropriate control measures; the general sequence during the construction process under which the measures will be implemented; and the contractor responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization).
The approved SWP3, and the sediment and erosion controls, and non-sediment pollution controls contained therein, shall be implemented upon the commencement of construction. The approved plan must be implemented until the site reaches final stabilization. All properties adjacent to the site of soil disturbing activity shall be protected from soil erosion and sediment run-off and damage, including, but not limited to, private properties, natural and artificial waterways, wetlands, storm sewers and public lands.
It is the owner's responsibility to maintain current records of contractor(s) responsible for implementation the SWPJ and providing that information to the Village Engineer. The SWP3 shall identify all subcontractors engaged in activities that could impact storm water runoff. The S WP3 shall contain signatures from all of the identified subcontractors indicating that they have been informed and understand their roles and responsibilities in complying with the SWP3.
Erosion and sediment controls shall be designed, installed and maintained effectively to minimize the discharge of pollutants during the course of earth disturbing activities.
The controls shall include the following minimum components:
(a) NON-STRUCTURAL PRESERVATION MEASURES: The SWP3 must make use of practices that preserve the existing natural condition to the maximum extent practicable. Such practices may include preserving riparian areas, preserving existing vegetation and vegetative buffer strips, phasing of construction operations in order to minimize the amount of disturbed land at any one time, minimizing disturbance of steep slopes, designation of tree preservation areas or other protective clearing or grubbing practices. Soil compaction shall be minimized and, unless infeasible, topsoil shall be preserved. Provide and maintain a 50-foot buffer of undisturbed natural vegetation around surface waters of the state, or riparian setbacks, if applicable, whichever is greater, unless maintaining this buffer is infeasible, e.g. stream crossings for roads or utilities, or for channel and floodplain rehabilitation and restoration. Direct stormwater to vegetated areas to increase sediment removal and maximize Stormwater infiltration. If the riparian setback is greater than 50 feet, no disturbance of natural vegetation shall occur within the riparian setback unless a variance of the riparian setback regulation has been granted.
(b) EROSION CONTROL PRACTICES: The SWP3 must make use of erosion controls that are capable of providing cover over disturbed soils. The amount of soil exposed during construction activity shall be minimized. A description of control practices designed to restabilize disturbed areas after grading or construction shall be included in the SWP3. The SWP3 must provide specifications for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year. Such practices may include: temporary seeding, permanent seeding, mulching, matting, sod stabilization, vegetative buffer strips, phasing of construction operations, the use of construction entrances, and the use of alternative ground cover.
Erosion control practices must meet the following requirements:
(1) Stabilization. Disturbed areas must be stabilized as specified in Tables 1 and 2 below.
Table 1: Permanent Stabilization
Area requiring permanent stabilization | Time frame to apply erosion controls |
Any area that will lie dormant for one year or more. | Within 7 days of the most recent disturbance. |
Any area within 50 feet of surface water of the state and at final grade. | Within 2 days of reaching final grade. |
Any other areas at final grade. | Within 7 days of reaching final grade within that area. |
Table 2: Temporary Stabilization
Area requiring temporary stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade. | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days. |
For all construction activities, any disturbed area, including soil stockpiles that will be dormant for more than 14 days but less than one year, and not within 50 feet of a surface water of the state. | Within 7 days of the most recent disturbance within the area. For residential subdivisions, disturbed areas must be stabilized at least 7 days prior to transfer of ownership or operational responsibility. |
Disturbed areas that will be idle over winter. | Prior to November 1 or the onset of winter weather, whichever occurs first. |
Note: Where vegetative stabilization techniques may cause structural instability or are otherwise unobtainable, alternative stabilization techniques must be employed. | |
(2) Permanent stabilization of conveyance channels. Owners 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 rock check dams, all as defined in the most recent edition of Ohio Rainwater and Land Development or the Field Office Technical Guide available at www. nrcs.usda.gov/technical/efotg/.
(c) RUNOFF CONTROL PRACTICES. The SWP3 shall incorporate measures that control the volume and velocity of stormwater runoff within the site to prevent erosion. Peak flow rates and total stormwater volume shall be controlled to minimize erosion and outlets, downstream channel and streambank erosion. Such practices may include rock check dams, pipe slope drains, diversions to direct flow away from exposed soils and protective grading practices. These practices shall divert runoff away from disturbed areas and steep slopes where practicable. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel to provide non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
(d) SEDIMENT CONTROL PRACTICES. The SWP3 shall include a description of, and detailed drawings for, all structural practices that shall store runoff, allowing sediments to settle and/or divert flows away from exposed soils or otherwise limit runoff from exposed areas to minimize sediment discharges from the site. Structural practices shall be used to control erosion and trap sediment from a site remaining disturbed for more than 14 days. Such practices may include, among others: sediment settling ponds, silt fences, storm drain inlet protection, and earth diversion dikes or channels which direct runoff to a sediment settling pond. All sediment control practices must be capable of ponding runoff in order to be considered functional. Earth diversion dikes or channels alone are not considered a sediment control practice unless used in
conjunction with a sediment settling pond. The design, installation and maintenance of erosion and sediment controls shall address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. Sediment control practices must meet the following requirements:
(1) Timing. Sediment control structures shall be functional throughout the course of earth disturbing activity. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(2) Sediment settling ponds. A sediment settling pond, or equivalent SCM upon approval from the Village Engineer is required for any one of the following conditions, as determined in Table 3 below:
A. Concentrated stormwater runoff.
B. Runoff from drainage areas that exceeds the design capacity of silt fence (see Table 3), inlet protection, or other sediment barriers.
C. Runoff from common drainage locations with 10 or more acres of disturbed land.
D. Sediment settling ponds shall be provided in the fonn of a sediment trap or sediment basin as defined in the latest edition of Rainwater and Land Development. The maximum allowable contributing drainage area to a sediment trap shall be limited to less than 5 acres. Contributing drainage areas of 5 acres or more shall be treated with a sediment basin. An equivalent stormwater control measure best management practice may be utilized upon approval from the Village.
E. The sediment-settling pond shall provide both a sediment storage zone and a dewatering zone. The volume of the dewatering zone shall be at least 1,800 cubic feet of storage per acre of total contributing drainage area. The dewatering structure of sediment basins shall be designed to have a minimum of 48-hour drain time, and, unless infeasible, be designed to always withdraw runoff from the surface of the pond throughout the stonn cycle. As such, a skimmer discharge device consistent with Ohio Rainwater and Land Development shall be provided to dewater sediment basins. Sediment traps shall also provide both a sediment storage zone and dewatering zone, but the outlet structure shall be constructed consistent with the specifications contained in the latest edition of Ohio Rainwater and Land Development.
F. When post-construction detention/water quality ponds are to be used as temporary sediment trapping SCMs, a skimmer discharge device consistent with Ohio Rainwater and Land Development shall be utilized during construction phase and until the site is deemed permanently stabilized by the Village of Woodmere.
G. The skimmer shall be designed per the equivalent requirements of sediment basins and the operator must ensure that the outlet structure of the pond provides an equivalent or better sediment storage zone and dewatering zone. As such, temporarily while the site is under construction, there shall be no discharge of runoff below the elevation required for the sediment storage zone and the discharge of stormwater within the dewatering zone shall only occur through the skimmer.
H. The volume of the sediment storage zone shall be calculated by one of the following methods:
Method 1: The volume of the sediment storage zone shall be 1000ft3 per disturbed acre within the watershed of the basin.
Method 2: The volume of the sediment storage zone shall be the volume necessary to store the sediment as calculated with Revised Universal Soil Loss Equation (RUSLE) or other a generally accepted erosion prediction model as per the Ohio Rainwater and Land Development.
I. When determining the total contributing drainage area, off-site areas and areas which remain undisturbed by construction activity must be included unless runoff from these areas is diverted away from the sediment settling pond and is not co-mingled with sediment-laden runoff. The depth of the dewatering zone must be less than or equal to five (5) feet. The configuration between the inlets and the outlet of the sediment settling pond must provide at least two units of length for each one unit of width > 2: 1 length-to-width ratio; however a length to width ratio of > 4: 1 is recommended. Sediment must be removed from the sediment settling pond when the design capacity of the sediment storage zone has been completely filled by sediment accumulations. This limit is typically reached when sediment occupies one-half of the basin depth. When designing sediment settling ponds, the owner must consider public safety, especially as it relates to children, as a design factor for the sediment basin and alternative sediment controls must be used where site limitations would preclude a safe design. The use of a combination of sediment and erosion control measures in order to achieve maximum pollutant removal is encouraged.
(3) Silt fence and diversions. Sheet flow runoff from denuded areas shall be intercepted by silt fence or diversions to protect adjacent properties and water resources from sediment transported via sheet flow. Where intended to provide sediment control, silt fence shall be placed on a level contour and shall be capable of temporarily ponding runoff. The relationship between the maximum drainage area to silt fence for a particular slope range is shown in Table 3 below. Placing silt fence in parallel does not extend the permissible drainage area to the silt fence.
Table 3: Maximum Drainage Area to Silt Fence Based on Slope
Maximum Drainage Area (acres) to 100 linear feet of silt fence | Range of Slope for drainage area (%) |
0.5 | <2% |
0.25 | > 2% but < 20% |
0.125 | > 20% but <50% |
Alternative perimeter controls for sheet tlow discharges may be considered by the Village of Woodmere, but their usc shall not exceed the limitations indicated in Table 3 above. Detail drawings and plan notes shall specify the diameter of filter socks, compost berms and other such alternative perimeter controls if used instead of silt fence.
Stormwater diversion practices shall be used to keep runoff away from disturbed areas and steep slopes. Such devices, which include swales, dikes or berms, may receive storm water runoff from areas up to 10 acres.
(4) Inlet protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems. The maximum contributing drainage area shall not exceed one (1) acre. Straw or hay bales around catch basins are not acceptable forms of inlet protection.
(5) Off-site tracking of sediment and dust control. Stormwater control measures must be implemented to ensure sediment is not tracked off-site and that dust is controlled. These stormwater control measures must include, but are not limited to, the following:
A. Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than 2" in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of the Ohio Rainwater and Land Development Manual.
B. Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall also be cleaned weekly. Streets and catch basins adjacent to construction entrances shall be kept free of sediment tracked off site.
Based on site conditions, Village Engineer may require additional stormwater control measures to control off site tracking and dust. These additional SCMs may include:
C. Silt fence or construction fence shall be installed around the perimeter of the development area to ensure that all vehicle traffic adheres to designated construction entrances.
D. Designated vehicle and wheel-washing areas. Wash water from these areas must be directed to a designated sediment trap, a sediment-settling pond, or to a sump pump for dewatering in conformance with Section 1181.09(g) of this regulation. No surfactants or detergents may be used to wash vehicles.
E. Owners shall take all necessary measures to comply with applicable regulations regarding fugitive dust emissions, including obtaining necessary permits for such emissions. The Village Engineer may require dust controls including the use of water trucks to wet disturbed areas, trapping stockpiles, temporary stabilization of disturbed areas, and regulation of the speed of vehicles on the site.
(6) Surface Waters of the State Protection. Construction vehicles shall avoid water resources. A 50 foot undisturbed natural buffer shall be provided around surface waters of the state unless infeasible. If it is infeasible to provide and maintain an undisturbed 50-foot natural buffer, the SWP3 shall comply with the stabilization requirements in 1181.09(b)(1) for areas within 50 feet of a surface water or riparian setbacks if applicable, minimize soil compaction and, unless infeasible, preserve topsoil. If the owner is permitted to disturb areas within 50 feet of a water resource, the following conditions shall be addressed in the SWP3:
A. All SCMs and stream crossings shall be designed as specified in the most recent edition of Ohio Rainwater and Land Development.
B. Structural SCMs shall be designated and implemented on site to protect water resources from the impacts of sediment runoff.
C. No structural sediment controls (e.g., the installation of silt fence or a sediment settling pond in-stream) shall be used in water resources or wetlands.
D. Where stream crossings for roads or utilities are necessary and permitted, the project shall be designed such that the number of stream crossings and the width of the disturbance are minimized.
E. Temporary stream crossings shall be constructed if water resources or wetlands will be crossed by construction vehicles during construction.
F. Construction of bridges, culverts, or sediment control structures shall not place soil, debris, or other particulate material into or close to the water resources or wetlands in such a manner that it may slough, slip, or erode.
G. Concentrated storm water runoff from SCMs to natural wetlands shall be converted to diffuse flow through the use of level spreaders or other such appropriate measure before the runoff enters the wetlands. The flow should be released such that no erosion occurs down slope. Level spreaders may need to be placed in series to ensure nonerosive velocities.
H. Protected areas or critical areas, including wetlands and riparian areas shall be physically marked in the field prior to earth disturbing activities.
(7) Modifying controls. If periodic inspections or other information indicates a control has been used inappropriately or incorrectly, the owner shall replace or modify the control for site conditions.
A. NON-SEDIMENT POLLUTANT CONTROLS: No solid or liquid waste, including building materials, shall be discharged in stormwater runoff. The owner must implement site stormwater control measures to prevent toxic materials, hazardous materials, or other debris from entering water resources, wetlands or the MS4. These practices shall include but are not limited to the following:
(8) Waste Materials: A covered dumpster shall be made available for the proper disposal of garbage, plaster, drywall, grout, gypsum, and other waste materials.
(9) Wastewater: Contaminated washout from stucco, paint, form release oils, curing compounds, and other construction materials shall not be discharged directly into a water resource or storm sewer.
(10) Vehicle fluids: No pollutants from vehicle fuel, oils, or other vehicle fluids can be discharged to surface waters of the State.
(11) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, other public facility, natural resource or water of the state is prohibited. A designated area for concrete washout shall be made available.
(12) Disposal of Other Wastewaters: The discharge of washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials to a street, catch basin, other public facility, natural resource or waters of the state is prohibited. The discharge of soaps or solvents used in vehicle and equipment washing is also prohibited. If generated, these wastewaters must be collected and disposed of properly.
(13) Fuel/Liquid Tank Storage: All fuel/liquid 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 1100% of the volume of the largest containers in the storage area and/or a spill kit shall be provided to clean up spills. The ESC Plan shall contain spill prevention and response procedures and these procedures shall be discussed at the pre-construction meeting.
(14) Toxic or Hazardous Waste Disposal: Any toxic or hazardous waste shall be disposed of properly. The discharge of fuels, oils, and other pollutants used in vehicle and equipment operation and maintenance is prohibited.
(15) Contaminated Soils Disposal and Runoff: Discovery of previously unknown contaminated soils onsite shall be self-reported to Ohio EPA and local authorities. Contaminated soils from redevelopment sites shall be disposed of properly. Runoff from contaminated soils shall not be discharged from the site. Proper permits shall be obtained for development projects on solid waste landfill sites or redevelopment 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 (i.e. not considered a Hazardous Waste, meeting Voluntary Action Program (VAP standards)) may still result in storm water discharges in excess of Ohio Water Quality Standards. Such discharges are not authorized by this code. Control measures which may be utilized to meet this requirement include, but are not limited to:
A. Use berms, trenches, pits or tanks to collect contaminated runoff and prevent discharge.
B. Pump runoff from contaminated soils to the sanitary sewer with the prior approval of the sanitary sewer system operator, or pump into a container for transport to an appropriate treatment or disposal facility; and
C. Cover areas of contamination with tarps, daily cover or other such methods to prevent stormwater from coming into contact with contaminated materials.
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, stormwater runoff, and snow melt. The SWP3 shall include measures to prevent and respond to chemical spills and leaks. Owners may also reference the existence of other plans (i.e., Spill Prevention Control and Countermeasure (SPCC) plans, spill control programs, Safety Response Plans, etc.) provided that such plan addresses this requirement and a copy of such plan is maintained on site.
(16) Compliance with other requirements. The SWP3 shall be consistent with applicable State and/or local waste disposal, sanitary sewer, or septic system regulations, including provisions prohibiting waste disposal by open burning, and shall provide for the proper disposal of contaminated soils located within the development area.
(17) Trench and ground water control. There shall be no sediment laden or turbid discharges to water resources or wetlands resulting from dewatering activities. If trench or ground water contains sediment, it must pass through a sediment-settling pond or other equally effective sediment control device, prior to being discharged from the construction site. Alternatively, sediment may be removed by settling in place or by dewatering into a sump pit, filter bag or comparable practice. Ground water dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. However, care must be taken when discharging ground water to ensure that it does not become pollutant-laden by traversing over disturbed soils or other pollutant sources.
(18) Internal Inspections. All controls on the site shall be inspected at least once every seven (7) calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period. The inspection frequency may be reduced to at least once every month if the entire site is temporarily stabilized or runoff is unlikely due to weather conditions (e.g., site is covered with snow, ice, or the ground is frozen). A waiver of inspection requirements is available until one month before thawing conditions are expected to result in a discharge if prior written approval has been attained from the Village Engineer and all of the following conditions are met:
A. The project is located in an area where frozen conditions are anticipated to continue for extended periods of time (i.e. more than one (1) month).
B. Land disturbance activities have been suspended, and temporary stabilization is achieved.
C. For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer. engineer and contractor of the project and the Village of Woodmere prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current online edition of Rainwater and Land Development.
The owner shall assign qualified inspection personnel to conduct these inspections to ensure that the SCMs are functional and to evaluate whether the SWP3 is adequate, or whether additional control measures are required. Qualified inspection personnel are individuals with knowledge and experience in the installation and maintenance of sediment and erosion controls. Certified inspection reports shall be submitted to the Village Engineer within seven (7) working days from the inspection and retained at the development site. These inspections shall meet the following requirements:
a. 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.
b. Erosion and sediment control measures identified in the SWP3 shall be observed to ensure that they are operating correctly. The owner shall utilize an inspection form provided by the Village or an alternate form acceptable to the Village Engineer. The inspection form shall include:
1. The inspection date.
2. Names, titles and qualifications of personnel making the inspection.
3. Weather information for the period since the last inspection, including a best estimate of the beginning of each storm event, duration of each storm event and approximate amount of rainfall for each storm event in inches, and whether any discharges occurred.
4. Weather information and a description of any discharges occurring at the time of inspection.
Locations of:
5. Discharges of sediment or other pollutants from site.
6. SCMs that need to be maintained.
7. SCMs that failed to operate as designed or proved inadequate for a particular location.
8. Where additional SCMs are needed that did not exist at the time of inspection.
9. Corrective action required including any necessary changes to the SWP3 and implementation dates.
10. Discharge locations shall be inspected to determine whether erosion and sediment control measures are effective in preventing significant impacts to the receiving water resource or wetlands.
11. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site vehicle tracking.
12. The owner shall maintain for three (3) years following final stabilization the results of these inspections, the names and qualifications of personnel making the inspections, the dates of inspections, major observations relating to the implementation of the SWP3, a certification as to whether the facility is in compliance with the SWP3, and information on any incidents of non-compliance determined by these inspections.
(19) Maintenance. The SWP3 shall be designed to minimize maintenance requirements. All SCMs shall be maintained and repaired as needed to ensure continued performance of their intended function until final stabilization. All sediment SCMs must be maintained in a functional condition until all up slope areas they control reach final stabilization. The owner shall provide a description of maintenance procedures needed to ensure the continued performance of SCMs and shall ensure a responsible party and adequate funding to conduct this maintenance, all as determined by the Village Engineer.
When inspections reveal the need for repair, replacement, or installation of erosion and sediment control SCMs, the following procedures shall be followed:
A. When SCMs require repair or maintenance. If an internal inspection reveals that a SCM is in need of repair or maintenance, with the exception of a sediment-settling pond, 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.
B. When SCMs fail to provide their intended function. If an internal inspection reveals that a SCM fails to perform its intended function as detailed in the SWP3 and that another, more appropriate control practice is required, the SWP3 must be amended and the new control practice must be installed within three (3) to ten (10) days of the inspection as determined by the Village Engineer or his/her designated inspector.
C. When SCMs depicted on the SWP3 are not installed. If an internal inspection reveals that a SCM has not been implemented in accordance with the schedule, the SCM must be implemented within ten (10) days from the date of the inspection. If the internal inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(20) Final stabilization: Final stabilization shall be determined by the Village Engineer. Once a definable area has achieved final stabilization, the owner may note this on the SWP3 and no further inspection requirement applies to that portion of the site. Final stabilization also requires the installation of permanent (post-construction) SCMs. Obligations under this ordinance shall not be completed until installation of post-construction SCMs are verified.
(21) Disposition of Temporary Practices. All temporary and permanent erosion and sediment control practices shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise authorized by the Village Engineer. Trapped sediment shall be permanently stabilized or removed to prevent further erosion.
(Ord. 2016-100. Passed 12-14-16.)
1181.10 ABBREVIATED STORMWATER POLLUTION PREVENTION PLAN.
(a) In order to control sediment pollution of water resources, the owner shall submit an Abbreviated SWP3 in accordance with the requirements of this regulation.
(b) The Abbreviated SWP3 shall be certified by a Registered Professional Engineer, a Registered Professional Surveyor, Certified Professional Erosion and Sediment Control Specialist, or a Registered Landscape Architect.
(c) The Abbreviated SWP3 shall include a minimum of the following SCMs. The Village Engineer may require other SCMs as site conditions warrant.
(1) Construction Entrances: Construction entrances shall be built and shall serve as the only permitted points of ingress and egress to the development area. These entrances shall be built of a stabilized pad of aggregate stone or recycled concrete or cement sized greater than 2" in diameter, placed over a geotextile fabric, and constructed in conformance with specifications in the most recent edition of Ohio Rainwater and Land Development.
(2) Concrete Truck Wash Out: The washing of concrete material into a street, catch basin, or other public facility or natural resource is prohibited. A designated area for concrete washout shall be indicated on the plan. Use for other waste and wastewater is prohibited.
(3) Street Sweeping: Streets directly adjacent to construction entrances and receiving traffic from the development area, shall be cleaned daily to remove sediment tracked off-site. If applicable, the catch basins on these streets nearest to the construction entrances shall be cleaned weekly.
(4) Stabilization. The development area shall be stabilized as detailed in Table 4.
Table 4: Stabilization
Area requiring stabilization | Time frame to apply erosion controls |
Any disturbed area within 50 feet of a surface water of the state and not at final grade | Within 2 days of the most recent disturbance if that area will remain idle for more than 14 days. |
For all construction activities, any disturbed area, including soil stockpiles, that will be dormant for more than 14 days but less than one year, and not within 50 feet of a stream | Within 7 days of the most recent disturbance within the area. |
Disturbed areas that will be idle over winter | Prior to November 1. |
Note: Where vegetative stabilization techniques may cause structural instability or arc otherwise unobtainable, alternative stabilization techniques must be employed. These techniques may include mulching or erosion matting. | |
(5) Inlet Protection. Erosion and sediment control practices, such as boxed inlet protection, shall be installed to minimize sediment-laden water entering active storm drain systems, including rear yard inlets. Straw or hay bales around an inlet arc not acceptable forms of inlet protection.
(6) Silt Fence and Other Perimeter Controls. Silt fence and other perimeter controls approved by the Village of Woodmere shall be used to protect adjacent properties and water resources from sediment discharged via sheet (diffused) flow. Silt fence shall be placed along level contours and the permissible drainage area is limited to those indicated in Table 3 of these regulations.
(7) Internal Inspection and Maintenance. All controls on the development area shall be inspected at least once every seven calendar days and within 24 hours after any storm event greater than one-half inch of rain per 24 hour period.
Maintenance shall occur as detailed below:
A. When SCMs require repair or maintenance. If the internal inspection reveals that a SCM is in need of repair or maintenance, with the exception of a sediment-settling pond, 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.
B. When SCMs fail to provide their intended function. If the internal inspection reveals that a SCM fails to perform its intended function and that another, more appropriate control practice is required, the Abbreviated SWP3 must be amended and the new control practice must be installed within ten (10) days of the inspection.
C. When SCMs depicted on the Abbreviated SWP3 are not installed. If the internal inspection reveals that a SCM has not been implemented in accordance with the schedule, the control practice must be implemented within ten (10) days from the date of the inspection. If the inspection reveals that the planned control practice is not needed, the record must contain a statement of explanation as to why the control practice is not needed.
(8) Final Stabilization: Final stabilization shall be determined by the Village Engineer. (Ord. 2016-100. Passed 12-14-16.)
1181.11 FEES.
The SWP3 and Abbreviated SWP3 review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village upon application. Consult with the Village Engineer for the fees for review, filing and inspection for Stormwater Pollution Prevention Plans. (Ord. 2016-100. Passed 12-14-16.)
1181.12 BOND.
(a) No soil disturbing activities shall be permitted until a cash bond has been deposited with the Woodmere Village Finance Department to the satisfaction of the Woodmere Village Engineer sufficient for Woodmere Village to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the owner fails to comply with the provisions of this regulation. The cash bond shall be returned, less Woodmere Village administrative fees as detailed in Chapter 1329 of the Woodmere Village Codified Ordinances, after all work required by this regulation has been completed and final stabilization has been reached, all as determined by the Woodmere Village Engineer.
(b) No project subject to this regulation shall commence without a SWP3 or Abbreviated SWP3 approved by the Village Engineer.
(c) Upon the failure of the owner and/or developer and/or contractor(s) to complete any work ordered by the Village Engineer, the Village may elect to contract with others or employ its own employees to remedy all or part of the said unfinished work and the owner and/or developer and/or contractor(s) shall be liable to the Village of Woodmere for the cost of such work and for the cost to the Village to collect its costs if not paid upon presentment. The Village shall have the right to enter upon the disturbed lands to correct such failure and to abate any nuisance found. (Ord. 2016-100. Passed 12-14-16.)
1181.13 ENFORCEMENT.
(a) If the Village of Woodmere or its duly authorized representative determines that a violation of the rules adopted under this code exist, the Village or representative may issue an immediate stop work order if the violator failed to obtain any federal, state, or local permit necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity.
(b) All development areas may be subject to external inspections by the Village to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(c) After each external inspection, the Village Engineer and shall prepare and distribute a status report to the applicant.
(d) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3, the Village may take action as detailed in Section 1181.14(b) of this regulation.
(e) The Village of Woodmere Engineer shall have the authority to make immediate on-site adjustments to the ESC Plan in order to achieve compliance with these Rules.
(f) A final inspection will be made to determine if the criteria of this code has been satisfied and a report will be presented to the Village Engineer on the site's compliance status.
(g) The Village Engineer will monitor soil-disturbing activities for non-farm residential, commercial, industrial, or other non-farm purposes on land of less than one contiguous acre to ensure compliance required by these Rules.
(h) The Village Engineer shall notify the U.S. Army Corps of Engineers when a violation on a development project covered by an Individual or Nationwide Permit is identified. The Village of Woodmere Engineer shall notify the Ohio Environmental Protection Agency when a violation on a development project covered by a Section 401 Water Quality Certification and/or Isolated Wetland Permit is identified.
(i) The Village shall not issue building permits for projects regulated under this code that have not received approval for an SWP3 for said project(s).
(Ord. 2016-100. Passed 12-14-16.)
1181.14 VIOLATIONS.
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(b) Upon notice, the Mayor and/or designee may suspend any active soil disturbing activity for a period not to exceed ninety (90) days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the owner, and shall state the conditions under which work may be resumed. In instances, however, where the Mayor and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice. (Ord. 2016-100. Passed 12-14-16.)
1181.15 APPEALS.
(a) The Planning Commission as established by the Village shall hear and decide appeals from the requirements of this Chapter.
(b) The Planning Commission shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Village Engineer in the enforcement or administration of this chapter.
(c) Those aggrieved by a decision of the Planning Commission or any taxpayer, may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 2016-100. Passed 12-14-16.)
1181.99 PENALTY.
Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than one thousand dollars ($1000.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the Village instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village. (Ord. 2016-100. Passed 12-14-16.)
1183.01 PURPOSE AND SCOPE.
(a) The purpose of this regulation is to establish technically feasible and economically reasonable stormwater management standards to achieve a level of stormwater quality and quantity control that will minimize damage to property and degradation of water resources and will promote and maintain the health, safety, and welfare of the residents of the Village of Woodmere:
(b) This regulation requires owners who develop or re-develop their property within the Village of Woodmere to:
(1) Control stormwater runoff from their property and ensure that all stormwater control measures (SCMs) are properly designed, constructed, and maintained.
(2) Reduce water quality impacts to receiving water resources that may be caused by new development or redevelopment activities.
(3) Control the volume, rate, and quality of stormwater runoff originating from their property so that surface water and ground water are protected and flooding and erosion potential are not increased.
(4) Minimize the need to construct, repair, and replace subsurface storm drain systems.
(5) Preserve natural infiltration and ground water recharge, and maintain subsurface flow that replenishes water resources, except in slippage prone soils.
(6) Incorporate stormwater quality and quantity controls into site planning and design at the earliest possible stage in the development process.
(7) Reduce the expense of remedial projects needed to address problems caused by inadequate stormwater management.
(8) Maximize use of SCMs that serve multiple purposes including, but not limited to, flood control, erosion control, fire protection, water quality protection, recreation, and habitat preservation.
(9) Design sites to minimize the number of stream crossings and the width of associated disturbance in order to minimize the Village of Woodmere’s future expenses related to the maintenance and repair of stream crossings.
(10) Maintain, promote, and re-establish conditions necessary for naturally occurring stream processes that assimilate pollutants, attenuate flood flows, and provide a healthy water resource.
(c) This regulation shall apply to all parcels used or being developed, either wholly or partially, for new or relocated projects involving highways and roads; subdivisions or larger common plans of development; industrial, commercial, institutional, or residential projects; building activities on farms; redevelopment activities; grading; and all other uses that are not specifically exempted in Section 1183.01.
(d) Public entities, including the State of Ohio, Cuyahoga County, and the Village of Woodmere shall comply with this regulation for roadway projects initiated after March 10, 2006 and, to the maximum extent practicable, for projects initiated before that time.
(e) This regulation does not apply to activities regulated by, and in compliance with, the Ohio Agricultural Sediment Pollution Abatement Rules.
(f) This regulation does not require a Comprehensive Stormwater Management Plan for linear construction projects, such as pipeline or utility line installation, that do not result in the installation of impervious surface as determined by the Village Engineer. Such projects must be designed to minimize the number of stream crossings and the width of disturbance. Linear construction projects must comply with the requirements of Chapter 1181 Erosion and Sediment Control.
(g) This regulation does not apply to construction or re-construction of stand-alone single family dwellings when the parcel is not part of an overall subdivision or is part of a subdivision that is in existence as of the adoption of this ordinance, unless otherwise required by the Village Engineer. (Ord. 2017-11. Passed 10-11-17.)
1183.02 DEFINITIONS.
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) ACRE: A measurement of area equaling 43,560 square feet.
(b) AS-BUILT SURVEY: A survey shown on a plan or drawing prepared by a Registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(c) CLEAN WATER 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 the Federal Water Pollution Control Act Amendments of 1972.
(d) COMMUNITY: The Village of Woodmere, its designated representatives, boards, or commissions.
(e) COMPREHENSIVE STORMWATER MANAGEMENT PLAN: The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.
(f) CRITICAL STORM: A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1 year 24 hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
(g) DEVELOPMENT AREA: A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(h) DEVELOPMENT DRAINAGE AREA: A combination of each hydraulically unique watershed with individual outlet points on the development area.
(i) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(j) DRAINAGE: The removal of excess surface water or groundwater from land by surface or subsurface drains.
(k) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(l) EXTENDED DETENTION FACILITY: A stormwater control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm event to improve stormwater quality over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(m) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
(n) GRADING: The process in which the topography of the land is altered to a new slope.
(o) GREEN INFRASTRUCTURE: Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
(p) HYDROLOGIC UNIT CODE (HUC): A cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(q) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(r) INFILTRATION CONTROL MEASURE: A stormwater control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
(s) LARGER COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(t) LOW IMPACT DEVELOPMENT: Low-impact development (LID) is 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 processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.
(u) MAXIMUM EXTENT PRACTICABLE (MEP): The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.
(v) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): 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:
(1) 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 a 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
(2) Designed or used for collecting or conveying solely stormwater,
(3) Which is not a combined sewer, and
(4) Which is not a part of a publicly owned treatment works
(w) 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.
(x) NONSTRUCTURAL STORMWATER CONTROL MEASURE (SCM): Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.
(y) OHIO RAINWATER AND LAND DEVELOPMENT: Ohio’s standards for stormwater management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(z) OWNER or OPERATOR: Any party associated with a construction project that meets either of the following two criteria:
(1) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with A Stormwater Pollution Prevention Plan (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 SWP3 or comply with other permit conditions).
(aa) ORDINARY HIGH WATER MARK: The 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.
(bb) POST-DEVELOPMENT: The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(cc) 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.
(dd) PRE-DEVELOPMENT: The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(ee) 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.
(ff) REDEVELOPMENT: Sites that have been previously developed where no post construction SCMs were installed shall either ensure a 20 percent net reduction of site impervious area, provide for treatment of at least 20 percent of the WQv, or a combination of the two. A one-for-one credit towards the 20 percent net reduction of impervious area can be obtained through the use of green roofs and/or pervious pavement. Where projects are a combination of new development and redevelopment, the total WQv that must be treated shall be calculated by a weighted average based on acreage with the new development at 100 percent WQv and redevelopment at 20 percent WQv.
(gg) RIPARIAN AREA: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(hh) RIPARIAN AND WETLAND SETBACK: The real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by Chapter 1187 Riparian Setbacks.
(ii) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(jj) 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.
(kk) SEDIMENTATION: The deposition of sediment in water resources.
(ll) SITE OWNER/OPERATOR: Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.
(mm) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.
(nn) STABILIZATION: The use of Stormwater Control Measures that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(oo) STORMWATER: Defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(pp) STORMWATER CONTROL MEASURE (SCM): Schedule 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 stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA’s National Menu of SCMs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.
(qq) STRUCTURAL STORMWATER CONTROL MEASURE (SCM): Any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
(rr) SURFACE WATERS OF THE STATE: Also Water Resource. Any stream, lake, reservoir, pond, marsh, wetland, or other waterway situated or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(ss) 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 ensures attainment and maintenance of water quality standards.
(tt) VILLAGE: The Village of Woodmere, its designated representatives, boards, or commissions.
(uu) WATER QUALITY VOLUME: “Water Quality Volume (WQv)” means the volume of stormwater 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.
(vv) WATER RESOURCE: Also SURFACE WATER OF THE STATE: Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(ww) WATER RESOURCE CROSSING: Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials 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.
(xx) WATERSHED: The total drainage area contributing stormwater runoff to a single point.
(yy) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(zz) WETLAND CONSULTANT: Individuals competent in the areas of botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(Ord. 2017-11. Passed 10-11-17.)
1183.03 DISCLAIMER OF LIABILITY.
(a) Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or any particular parcel of property.
(b) By approving a Comprehensive Stormwater Management Plan under this regulation, the Village does not accept responsibility for the design, installation, and operation and maintenance of SCMs. (Ord. 2017-11. Passed 10-11-17.)
1183.04 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village Engineer, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 2017-11. Passed 10-11-17.)
1183.05 DEVELOPMENT OF COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
(a) This regulation requires that a Comprehensive Stormwater Management Plan be developed and implemented for all commercial and industrial site development and all soil disturbing activities disturbing one (1) or more acres of total land, or less than one (1) acre if part of a larger common plan of development or sale disturbing one (1) or more acres of total land, and on which any regulated activity of Section 1183.01(c) is proposed. See 1183.01 (e), (f) and (g) for exempted activities. The Village Engineer reserves the right to require a comprehensive stormwater management plan on sites disturbing less than 1 acre.
(b) The Village shall administer this regulation, shall be responsible for determination of compliance with this regulation, and shall issue notices and orders as may be necessary. The Village of Woodmere may consult with other technical experts in reviewing the Comprehensive Stormwater Management Plan. Any and all fees or expenses incurred by the Village of Woodmere to administer or enforce this chapter shall be the responsibility of the owner. (Ord. 2017-11. Passed 10-11-17.)
1183.06 APPLICATION PROCEDURES.
(a) Pre-Application Meeting: The owner is encouraged to schedule a meeting with the Village Engineer or his or her designated representative to:
(1) Discuss the proposed project;
(2) Review the requirements of this Chapter;
(3) Identify unique aspects of the project that must be addressed during the review process;
(4) Establish a preliminary review and approval schedule;
(5) It is encouraged that this meeting occurs with the Planning Commission pre-application meeting;
(6) Currently, the application for the CSWM is the current Planning Commission Application Form that can be picked up by the Planning Commission Clerk.
(b) Preliminary Comprehensive Stormwater Management Plan: The owner shall submit two (2) sets of a Preliminary Comprehensive Stormwater Management Plan (Preliminary Plan) and the applicable fees to the Village Building Department. The Preliminary Plan shall show the proposed property boundaries, setbacks, dedicated open space, public roads, water resources, stormwater control facilities, and easements in sufficient detail and engineering analysis to allow the Village Engineer to determine if the site is laid out in a manner that meets the intent of this regulation and if the proposed SCMs are capable of controlling runoff from the site in compliance with this regulation. The owner shall submit two (2) sets of the Preliminary Plan and applicable fees as follows:
(1) For subdivisions: In conjunction with the submission of the preliminary subdivision plan per Section 1105.01.
(2) For other construction projects: In conjunction with the application to the Planning Commission.
(c) Final Comprehensive Stormwater Management Plan: The owner shall submit two (2) sets of a Final Comprehensive Stormwater Management Plan (Final Plan) and the applicable fees to the Village Building department in conjunction with the submittal of the final plat, improvement plans, or application for a building permit for the site. The Final Plan shall meet the requirements of Section 1183.08 and shall be approved by the Village Engineer prior to approval of the final plat and/or before issuance of a building permit.
(d) Review and Comment: The Village Engineer shall review the Preliminary and Final Plans submitted, and shall approve or return for revisions with comments and recommendations for revisions. A Preliminary or Final Plan rejected because of deficiencies shall receive a narrative report stating specific problems and the procedures for filing a revised Preliminary or Final Plan.
(e) Approval Necessary: Land clearing and soil-disturbing activities shall not begin and building permits shall not be issued without an approved Comprehensive Stormwater Management Plan and conformance with Chapter 1181 Erosion and Sediment Control.
(f) Sub lots Will Not Proceed: Comprehensive Stormwater Management Plans for individual sub lots in a subdivision will not be approved and building permits will not be issued unless the larger common plan of development or sale containing the sub lot is in compliance with this regulation.
(g) Valid for Two Years: Approvals issued in accordance with this regulation shall remain valid for two (2) years from the date of approval.
(Ord. 2017-11. Passed 10-11-17.)
1183.07 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
Approvals issued in accordance with this regulation do not relieve the owner 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. Owners are required to show proof of compliance with these regulations before the Village Building Department will issue a building permit.
(a) Ohio Environmental Protection Agency (Ohio EPA) National Pollutant Discharge Elimination System (NPDES) Permits authorizing stormwater discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the owner’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 professional 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 U.S. 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 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 U.S. Army Corps of Engineers at the time of application of this regulation.
(d) Section 404 of the Clean Water Act: If an Individual Permit is required for the development project, proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval. If an Individual Permit is not required, the site owner shall submit proof of compliance with the U.S. 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 U.S. Army Corps of Engineers at the time of application of this regulation.
(e) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Soil and Water Resources 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. 2017-11. Passed 10-11-17.)
1183.08 COMPREHENSIVE STORMWATER MANAGEMENT PLANS.
(a) Comprehensive Stormwater Management Plan Required: The owner shall develop a Comprehensive Stormwater Management Plan describing how the quantity and quality of stormwater 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). The Plan will illustrate the type, location, and dimensions of every structural and non-structural SCM practice incorporated into the site design, and the rationale for their selection. The rationale must address how these SCMs will address flooding within the site as well as flooding that may be caused by the development upstream and downstream of the site. The rationale will also describe how the SCMs minimize impacts to the physical, chemical, and biological characteristics of on-site and downstream water resources and, if necessary, correct current degradation of water resources that is occurring or take measures to prevent predictable degradation of water resources.
(b) Preparation by Professional Engineer: The Comprehensive Stormwater Management Plan shall be prepared by a Registered Professional Engineer registered in the state of Ohio and include supporting calculations, plan sheets, and design details. To the extent necessary, as determined by the Village Engineer, a site survey shall be performed by a Registered Professional Surveyor registered in the state of Ohio to establish boundary lines, measurements, or land surfaces.
(c) Village Procedures: The Village Engineer shall prepare and maintain procedures providing specific criteria and guidance to be followed when designing the stormwater management system for the site. These procedures may be updated from time to time, at the discretion of the Village Engineer based on improvements in engineering, science, monitoring, and local maintenance experience. The Village Engineer shall make the final determination of whether the SCMs proposed in the Comprehensive Stormwater Management Plan meet the requirements of this regulation. The Village Engineer may also maintain a list of acceptable SCMs that meet the criteria of this regulation to be used in the Village.
(d) Contents of Comprehensive Stormwater Management Plan: The Comprehensive Stormwater Management Plan shall contain an application, narrative report, construction site plan sheets, a long-term Inspection and Maintenance Plan, Inspection and Maintenance Agreement, and a site description with the following information provided:
(1) Site description:
A. A description of the nature and type of the construction activity (e.g. residential, shopping mall, highway, etc.).
B. Total area of the site and the area of the site that is expected to be disturbed (i.e. grubbing, clearing, excavation, filling or grading, including off-site borrow areas).
C. A description of prior land uses at the site.
D. An estimate of the impervious area and percent imperviousness created by the soil-disturbing activity at the beginning and at the conclusion of the project.
E. Existing data describing the soils throughout the site, including soil map units, series, complexes, association, hydrologic soil group, porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers.
F. If available, the quality of any known pollutant discharge from the site such as that which may result from previous contamination caused by prior land uses.
G. The location and name of the immediate water resource(s) and the first subsequent water resource(s).
H. The aerial (plan view) extent and description of water resources at or near the site that will be disturbed or will receive discharges from the project.
I. 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.
J. TMDLs applicable for the watershed that the construction site is located in has to demonstrate that the appropriate SCMs have been selected to address the TMDLs for that watershed. The TMDL information for all watersheds in the State of Ohio can be found on the Ohio EPA Nonpoint Source Pollution Control Program Website.
K. For each SCM, identify the drainage area, percent impervious cover within the drainage area, runoff coefficient for water quality volume, peak discharge, and the time of concentration for each sub-watershed per Appendix 1 of Ohio’s stormwater manual, Ohio Rainwater and Land Development. Pervious and impervious areas should be treated as separate subwatersheds unless allowed at the discretion of the community engineer.
Identify the SCM surface area, discharge and dewatering time, outlet type and dimensions. Each SCM shall be designated with an individual identification number.
L. Describe the current condition of water resources including the vertical stability of stream channels and indications of channel incision that may be responsible for current or future sources of high sediment loading or loss of channel stability.
M. An implementation schedule which describes the sequence of major soil-disturbing operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion and sediment controls to be employed during each operation of the sequence. The SWP3 shall clearly describe for each major construction activity (a) appropriate control measures and the general timing (or sequence) during the construction process that the measures will be implemented; and (b) which contractor is responsible for implementation (e.g., contractor A will clear land and install perimeter controls and contractor B will maintain perimeter controls until final stabilization).
N. For subdivided developments where the SWP3 does not call for a centralized sediment control capable of controlling multiple individual lots, a detail drawing of a typical individual lot showing standard individual lot erosion and sediment control practices.
O. The location of any areas on the site located within a Special Flood Hazard Area as defined by current Flood Insurance Rate Maps published by the Federal Emergency Management Agency.
P. Location and description of any stormwater discharges associated with dedicated asphalt and dedicated concrete plants associated with the development area and the stormwater control measures to address pollutants in these stormwater discharges.
(2) Site map showing:
A. Limits of soil-disturbing activity on the site.
B. Soils map units for the entire site, including locations of unstable or highly erodible soils.
C. Existing and proposed one-foot (1') contours. This must include a delineation of drainage watersheds expected before, during, and after major grading activities as well as the size of each drainage watershed in acres.
D. Water resource locations including springs, wetlands, streams, lakes, water wells, and associated setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and first subsequent named receiving water(s) the owner intends to fill or relocate for which the owner is seeking approval from the Army Corps of Engineers and/or Ohio EPA.
E. Existing and planned locations of buildings, roads, parking facilities, and utilities.
F. The location of any in-stream activities including stream crossings.
G. The location of all erosion and sediment control practices, including the location of areas likely to require temporary stabilization during the course of site development.
H. Sediment ponds, including their sediment settling volume and contributing drainage area. When drainage areas are predicted to change throughout active construction (e.g., when temporary diversions are utilized), applicable sediment storage zone and dewatering zone volumes shall be designed for the largest anticipated drainage area, and dewatering orifices shall be designed for the smallest anticipated drainage area.
I. The location of designated stoned construction entrances where the vehicles will ingress and egress the construction site.
(3) Contact information: Company name and contact information as well as contact name, addresses, and phone numbers for the following:
A. The Professional Engineer who prepared the Comprehensive Stormwater Management Plan.
B. The site owner.
(4) Phase, if applicable, of the overall development plan.
(5) List of sublot numbers if project is a subdivision.
(6) Ohio EPA NPDES Permit Number and other applicable state and federal permit numbers, if available, or status of various permitting requirements if final approvals have not been received.
(7) Location, including complete site address and sublot number if applicable.
(8) Location of any easements or other restrictions placed on the use of the property.
(9) A site plan sheet showing:
A. The location of each proposed post-construction SCM.
B. The geographic coordinates of the site AND each proposed SCM in North American Datum Ohio State Plane North.
It is preferred that the entire site be shown on one plan sheet to allow a complete view of the site during plan review. If a smaller scale is used to accomplish this, separate sheets providing an enlarged view of areas on individual sheets should also be provided.
(10) An Inspection and Maintenance Agreement. Binding on the owner and all subsequent owners of lands served by the system of SCMs designed for the site. Such Agreements shall include all post-construction SCMs, shall be recorded with the deed of the property(s) within the site, and shall provide and stipulate the following:
A. The location of each SCM, including those SCMs permitted to be located in, or within 50 feet of, water resources, and identification of the drainage area served by each SCM.
B. A schedule for regular maintenance for each aspect of the stormwater 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 Stormwater Management Plan. This schedule may include additional standards, as required by the Village Engineer, to ensure continued performance of SCMs permitted to be located in, or within 50 feet of, water resources.
C. The location and documentation of all access and maintenance easements on the property.
D. Identification of the landowner(s), organization, or entity responsible for long-term maintenance, including repairs, of the SCMs.
E. The landowner(s), organization, or municipality shall maintain SCMs in accordance with this regulation.
F. The Village has the authority to enter upon the property to conduct inspections as necessary with prior notification of the property owner, unless deemed as an emergency by the Village Engineer to verify that the SCMs are being maintained and operated in accordance with this regulation.
G. The Village shall maintain public records of the results of site inspections, shall inform the landowner(s), organization, or entity responsible for maintenance of the inspection results, and shall specifically indicate any corrective actions required to bring the SCMs into proper working condition.
H. If the Village notifies the landowner(s), organization, or entity responsible for maintenance of the maintenance problems that require correction, the specific corrective actions shall be taken within a reasonable time frame as determined by the Village.
I. The Village is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s), organization, or entity responsible for maintenance does not make the required corrections in the specified time period. The Village shall be reimbursed by the landowner(s), organization, or entity responsible for maintenance for all expenses incurred within 10 days of receipt of invoice from the Village, or more with written approval from the Village Engineer.
J. The method of funding long-term maintenance and inspections of all SCMs. As part of the Inspection and Maintenance Agreement, all private SCM owners shall set up a fund from which regular maintenance will be drawn from as stated in the sub-divider's agreement signed between the developer and the Village.
K. A release of the Village from all damages, accidents, casualties, occurrences, or claims that might arise or be asserted against the Village from the construction, presence, existence, or maintenance of the SCMs.
L. Alteration or termination of these stipulations is prohibited. The owner must provide a draft of this Inspection and Maintenance Agreement as part of the Comprehensive Stormwater Management Plan submittal. Once a draft is approved, a recorded copy of the Agreement must be submitted to the Village to receive final inspection approval of the site.
M. Annual Inspection. There will be an annual inspection of all SCMs indicated in the CSWM. A SCM, in this case, shall be considered all stormwater facilities used for the purpose of water quality as decided upon by the Village Engineer. Examples of SCMs requiring annual inspections are wet ponds, dry ponds, sand filters, bio-swales, and constructed wetlands. The Village Engineer may require inspections to be performed more regularly if deemed necessary.
1. The landowner(s) or organization shall use a stormwater certified person (e.g., P.E., CESSWI, CPESC), as approved by the Village Engineer, for annual stormwater inspections.
2. The Stormwater Inspector shall use the SCM checklist available from the Village Engineer.
3. It is deemed a violation of this Section if the Village does not receive the annual inspection report before August 1 of each year. In such an event, the Village has the authority to enter upon the property to conduct any inspections as necessary to verify that the SCMs are being operated and maintained in accordance with this Chapter and charge the responsible party accordingly. Any accounts that are over 30 days delinquent may be certified to the County Auditor, who shall then place the same on the tax duplicate of the County, with interest as allowed by law, to be collected as taxes are collected.
N. Annual Report. Following the annual inspection, the landowner(s) or organization shall submit an annual stormwater report to the Village Engineer. This report shall contain the following:
1. The annual inspection form by a stormwater certified person;
2. Listing of all corrective actions coming from the annual inspection listed as either high priority or normal priority;
3. Records of all regular maintenance performed throughout the year;
4. Records of normal priority corrective actions from the previous year;
5. Contact information of party submitting report.
6. The Village shall maintain public records of these annual stormwater reports for a period of five years.
7. The Village Engineer, or his designated appointee, will inspect all SCMs every five years to ensure the integrity of the annual inspections.
O. Corrective Actions. Corrective actions created by the annual inspection report shall be listed as either high priority or normal priority.
1. High priority items shall be corrected within three months of the date of the inspection report unless allowed further time by the Village Engineer. The certified Stormwater Inspector shall submit a letter to the Village Engineer when any high priority item is completed so that the Village Engineer can personally inspect.
2. Normal priority items shall be corrected before the next annual inspection and will be listed in the next annual stormwater report.
3. The Village is authorized to enter upon the property and to perform the corrective actions identified in the inspection report if the landowner(s) or organization responsible for maintenance does not make the required corrections in the specified time period. In addition to any other penalty provided for in this Chapter, the Village shall be reimbursed by the landowner(s) or organization responsible for maintenance for all expenses incurred within ten days of receipt of invoice from the Village.
(11) Required calculations: The owner shall submit calculations for projected stormwater runoff flows, volumes, and timing into and through all SCMs for flood control, channel protection, water quality, and the condition of the habitat, stability, and incision of each water resource and it’s the floodplain, as required in Section 1183.09 of this regulation. These submittals shall be completed for both pre- and post-development land use conditions and shall include the underlying assumptions and hydrologic and hydraulic methods and parameters used for these calculations. The owner shall also include critical storm determination and demonstrate that the runoff from offsite areas have been considered in the calculations.
(12) List of all contractors and subcontractors before construction: Prior to construction or before the pre-construction meeting, provide the list of all contractors and subcontractors and their names, addresses, and phones involved with the implementation of the Comprehensive Stormwater Management Plan including a written document containing signatures of all parties as proof of acknowledgment that they have reviewed and understand the requirements and responsibilities of the Comprehensive Stormwater Management Plan.
(13) Existing and proposed drainage patterns: The location and description of existing and proposed drainage patterns and SCMs, including any related SCMs beyond the development area and the larger common development area.
(14) For each SCM to be employed on the development area, include the following:
A. Location and size, including detail drawings, maintenance requirements during and after construction, and design calculations, all where applicable.
B. Final site conditions including stormwater inlets and permanent nonstructural and structural SCMs. Details of SCMs shall be drawn to scale and shall show volumes and sizes of contributing drainage areas.
C. Any other structural and/or non-structural SCMs necessary to meet the design criteria in this regulation and any supplemental information requested by the Village Engineer.
D. Each SCM shall be designated with an individual identification number. (Ord. 2017-11. Passed 10-11-17.)
1183.09 PERFORMANCE STANDARDS.
(a) Stormwater Design General Information. No person shall develop any real property or connect or cause to be connected any building or other structure, either directly or indirectly, with a drain for the removal of surface, roof, ground or other water to be discharged into a ditch, swale, waterway, stream or an existing storm drainage system for such real property, without complying with the performance standards and paying the charges set forth in this chapter.
(b) General: The stormwater system, including SCMs for storage, treatment and control, and conveyance facilities, shall be designed to prevent structure flooding during the 100-year, 24-hour storm event; to maintain predevelopment runoff patterns, flows, and volumes; and to meet the following criteria:
(1) Integrated practices that address degradation of water resources. The SCMs shall function as an integrated system that controls flooding and minimizes the degradation of the physical, biological, and chemical integrity of the water resources receiving stormwater discharges from the site. Acceptable SCMs shall:
A. Not disturb riparian areas, unless the disturbance is intended to support a watercourse restoration project and comply with Chapter 1187 Riparian Setbacks.
B. Maintain predevelopment hydrology and groundwater recharge on as much of the site as practicable.
C. Only install new impervious surfaces and compact soils where necessary to support the future land use.
D. Compensate for increased runoff volumes caused by new impervious surfaces and soil compaction by reducing stormwater peak flows to less than predevelopment levels.
E. Be designed according to the methodology included in the most current edition of Ohio Rainwater and Land Development or another design manual acceptable for use by the Village of Woodmere and Ohio EPA.
SCMs that meet the criteria in this regulation, and additional criteria required by the Village Engineer, shall comply with this regulation.
(2) SCMs designed for final use: SCMs shall be designed to achieve the stormwater management objectives of this regulation, to be compatible with the proposed post-construction use of the site, to protect the public health, safety, and welfare, and to function safely with routine maintenance.
(3) Stormwater management for all lots: Areas developed for a subdivision, as defined in the Zoning Code, shall provide stormwater management and water quality controls for the development of all subdivided lots. This shall include provisions for lot grading and drainage that prevent structure flooding during the 100-year, 24-hour storm; and maintain, to the extent practicable, the pre-development runoff patterns, volumes, and peak flows from each lot.
(4) Stormwater facilities in water resources: SCMs and related activities shall not be constructed in water resources unless the owner shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1183.07 of this regulation, and the activity is in compliance with Chapter 1181 Erosion and Sediment Control and Chapter 1187 Riparian Setbacks, all as determined by the Village Engineer.
Stormwater facilities in the floodplain: Stormwater facilities constructed, manufactured or otherwise, that provide treatment of the water quality volume (see Table 4, Section 1183.09), detention, retention, and/or infiltration, and all related activities, shall not be constructed in any special flood hazard area.
(5) Stormwater ponds and surface conveyance channels: All stormwater pond and surface conveyance designs must provide a minimum of one (1) foot freeboard above the projected peak stage within the facility during the 100-year, 24-hour storm. When designing stormwater ponds and conveyance channels, the owner shall consider public safety as a design factor and alternative designs must be implemented where site limitations would preclude a safe design.
(6) Exemption: The site where soil-disturbing activities are conducted shall be exempt from the requirements of Section 1183.09 if it can be shown to the satisfaction of the Village Engineer that the site is part of a larger common plan of development where the stormwater management requirements for the site are provided by an existing SCM or if the stormwater management requirements for the site are provided by SCMs defined in a regional or local stormwater management plan approved by the Village Engineer.
(7) Maintenance: All SCMs shall be maintained in accordance with the Inspection and Maintenance Agreements approved by the Village Engineer as detailed in Section 1183.08.
(8) Agreements with Sub-dividers or Developers. A sub-divider or developer shall be required to construct an on-site SCM for the purposes of water quality and water retention approved by the Village Engineer. The combination of stormwater quality and quantity requirements for two or more developments may be placed into one detention basin to be located at a strategic site given that a separate agreement with all parties is developed. The Village shall enter into an agreement with the sub-divider or developer, to be approved by Council, containing the following conditions:
A. The sub-divider of a major subdivision shall require the formation of a homeowners' association, which shall assume responsibility for all maintenance, upkeep, repair, replacement and management of the SCM. In other developments, the sub-divider or developer shall make provisions acceptable to the Village for maintenance of the SCM area as stated in Section 1183.10. Easements shall be granted to the Village for access to and maintenance of the stormwater management area.
B. If more than one development is to use a single SCM, a separate association of all members using that SCM shall be formed. This association will be held responsible for all future maintenance and repairs of the SCM as stated in this Chapter.
C. The sub-divider or developer shall be exempt from the application of this Section only if authorized by the Village Engineer.
D. Where a sub-divider or developer is exempt from the provisions of this Section, that sub-divider or developer shall comply with and pay fees in accordance with this Chapter, governing subdivisions and development prior to the effective date of this Section.
E. All SCMs will be placed within blocks and/or easements to allow Village access (See Section 1183.11).
(9) Preservation of Existing Natural Drainage. SCMs that preserve and/or improve the existing natural drainage shall be used to the maximum extent practicable. Such SCMs 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 stormwater runoff to and through these areas. Post-construction stormwater 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.
(10) Preservation of Wetland Hydrology: Concentrated stormwater runoff from SCMs BMPs to wetlands shall be converted to diffuse flow before the runoff enters a wetland(s) in order to protect the natural hydrology, hydroperiod, and wetland flora. The flow shall be released such that no erosion occurs down slope. SCMs Practices such as level spreaders, vegetative buffers, infiltration basins, conservation of forest covers, and the preservation of intermittent streams, depressions, and drainage corridors may be used to maintain the wetland hydrology.
If the owner applicant proposes to discharge to natural wetlands, a hydrological analysis shall be preformed to demonstrate that the proposed discharge matches the pre-development hydroperiods and hydrodynamics
(11) Soil Preservation and Post-Construction Soil Restoration: To the maximum extent practicable leave native soil undisturbed and protect from compaction during construction. Except for areas that will be covered by impervious surface or have been incorporated into an SCM, the soil moisture-holding capacity of areas that have been cleared and graded must be restored to that of the original, undisturbed soil to the maximum extent practicable. Areas that have been compacted or had the topsoil or duff layer removed should be amended using the following steps: 1. till subsoil to a depth of 15-18 inches, 2. incorporate compost through top 12 inches, 3. Replace with stockpiled site or imported suitable topsoil to a minimum depth of 4 inches.
(c) Stormwater Conveyance Design Criteria: All SCMs shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include but not be limited to:
(1) Stream/storm sewer discharge. The stormwater facility (storm sewer main or natural watercourse) that will convey the discharge from the site shall be analyzed to determine if it is capable of conveying the additional storm sewer discharge from the site of a 100-year/24-hour storm. If the designated outlet is not capable of conveying the discharge from the site during the 100-year/24-hour storm, then additional storage must be placed onsite to store the additional volume for a period of 48 hours.
(2) Surface water protection: The Village Engineer may allow modification to streams, rivers, lakes, wetlands or other surface waters only if the owner shows proof of compliance with all appropriate permits from the Ohio EPA, the U.S. Army Corps, and other applicable federal, state, and local agencies as required in Section 1183.07 of this regulation, and the activity is in compliance with Chapter 1181 Erosion and Sediment Control and Chapter 1187 Riparian Setbacks all as determined by the Village Engineer. At a minimum, stream relocation designs must show how the project will minimize changes to the vertical stability, floodplain form, channel form, and habitat of upstream and downstream channels on and off the property.
(3) Off-site stormwater discharges: Off-site stormwater runoff that discharges to or across the owner’s development site shall be conveyed through the stormwater conveyance system planned for the development site at its existing peak flow rates during each design storm. Off-site flows shall be diverted around stormwater quality control facilities or, if this is not possible, the stormwater quality control facility shall be sized to treat the off-site flow. Comprehensive Stormwater Management Plans will not be approved until it is demonstrated to the satisfaction of the Village Engineer that off-site runoff will be adequately conveyed through the development site in a manner that does not exacerbate upstream or downstream flooding and erosion.
(4) Sheet flow. The site shall be graded in a manner that maintains sheet flow over as large an area as possible. The maximum area of sheet flow shall be determined based on the slope, the uniformity of site grading, and the use of easements or other legally-binding mechanisms that prohibit re-grading and/or the placement of structures within sheet flow areas. Flow shall be directed into an open channel, storm sewer, or other SCM from areas too long and/or too large to maintain sheet flow, all as determined by the Village Engineer.
(5) Open channels: Unless otherwise allowed by the Village Engineer, drainage tributary to SCMs shall be provided by an open channel with landscaped banks and designed to carry the 10-year, 24-hour stormwater runoff from upstream contributory areas.
(6) Drainage systems: Open drainage systems shall be preferred on all new development sites to convey stormwater where feasible. Storm Sewer systems shall be allowed to augment open drainage systems, such as to limit depth of roadside or conveyance ditches. The following criteria shall be used to design storm sewer systems when necessary:
A. Storm sewer design flow shall be based on the Rational Method. Storm sewers shall be designed such that they do not surcharge from runoff caused by the 10 - year, 24 - hour storm, and that the hydraulic grade line of the storm sewer stays below the gutter flow line of the overlying roadway, or below the top of drainage structures outside the roadway, whichever is more restrictive during a 25 - year, 24 - hour storm. The system shall be designed to meet these requirements when conveying the flows from the contributing area within the proposed development and existing flows from offsite areas that are upstream from the development. These calculations will be reviewed and approved by the Village Engineer prior to design acceptance. Rainfall data shall be obtained from the latest volume of the NOAA Rainfall ATLAS 14 or per Table 1. Runoff coefficients shall be per Table 2.
Table I - Rainfall per Storm Frequency | |
24 Hour Storm (year) | Rainfall (in.) |
2 (50% storm) | 2.44 |
5 (20% storm) | 3.06 |
10 (10% storm) | 3.55 |
25 (4% storm) | 4.35 |
50 (2% storm) | 5.08 |
100 (1% storm) | 5.92 |
Table 2.
Rational Method Runoff Coefficients (C) for Village of Woodmere
Runoff Coefficients for Hydrologic Soil Groups | ||||
Cover Description | A | B | C | D |
Cultivated Agricultural land | 0.17 | 0.3 | 0.43 | 0.50 |
Pasture or range land continuous grazing | 0.08 | 0.16 | 0.36 | 0.47 |
Meadow protected from grazing | 0.06 | 0.13 | 0.30 | 0.43 |
Woods | 0.05 | 0.10 | 0.29 | 0.41 |
Woods/grass combination (orchard, tree farm, etc.) | 0.07 | 0.14 | 0.33 | 0.45 |
Lawns, parks, golf courses, cemeteries, etc. | 0.08 | 0.16 | 0.36 | 0.47 |
Paved streets, parking lots, roofs, driveways, etc. | 0.96 | 0.96 | 0.96 | 0.96 |
Gravel areas | 0.40 | 0.59 | 0.69 | 0.74 |
Residential Areas | ||||
Average lot size & average % impervious area | ||||
1/8 acre or less 65 | 0.41 | 0.59 | 0.72 | 0.77 |
1/4 acre 38 | 0.16 | 0.37 | 0.54 | 0.64 |
1/3 acre 30 | 0.12 | 0.32 | 0.50 | 0.61 |
½ acre 25 | 0.09 | 0.29 | 0.47 | 0.59 |
1 acre 20 | 0.06 | 0.26 | 0.45 | 0.57 |
2 acres 12 | 0.05 | 0.23 | 0.41 | 0.50 |
Dirt or graded areas | 0.41 | 0.61 | 0.74 | 0.83 |
B. Rainfall intensity will be calculated using the equation i = a/(t+b)^c)
Where:
i = Rainfall intensity (in./hour)
t = Time of concentration (minutes)
Refer to Ohio Department of Transportation’s Location & Design Manual, Volume 2 (or latest edition) Drainage Design, Figure 1101-2 for Rainfall Intensity Constants (a, b & c).The maximum slope allowable shall be a slope that produces no less than 2.5-fps and no more than a 10-fps velocity within the pipe barrel under design flow conditions.
C. The minimum inside diameter of pipe to be used in public storm sewer systems is 12 inches.
D. All stormwater conveyance systems shall be designed taking into consideration the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency. The hydraulic grade line for the storm sewer system shall be computed with consideration for the energy losses associated with entrance into and exit from the system, friction through the system, and turbulence in the individual manholes, catch basins, and junctions within the system.
i. Previous studies on file with the Village.
ii. FEMA Flood Insurance Rate Maps.
iii. Calculations prepared by a Registered Professional Engineer.
E. Catch basin design spread calculations shall be submitted to the Village Engineer for review to determine catch basin spacing and sizing. At a minimum, there shall be at least one total clear lane during a 25 year, 24 hour storm.
F. The inverts of all curb inlets, manholes, yard inlets, and other structures shall be formed and channelized to minimize the incidence of quiescent standing water where mosquitoes may breed.
G. Headwalls shall be required at all storm sewer inlets or outlets to and from open channels or lakes.
H. Outlets discharging into an open-water conveyance structure shall have an invert at a minimum of three inches above the average water depth during the snow-melt season.
I. The flood elevation for a 100 year, 24 hour storm must be a minimum of ten feet away horizontally from the perimeter of any homes within the new subdivision, nor cause any home flooding to adjacent neighboring properties, and shall be at least two feet below the finished grade elevation of any livable structure.
J. All storm sewer outlets from a subdivision must flow either into a public storm sewer, stream of the State, or a major ditch unless authorized by the Village Engineer.
K. The maximum distance for sheet flow shall be 300 feet before entering a storm structure. Except, that the maximum overland drainage area tributary to the storm structure shall be no greater than 1.5 acres.
(7) Water Resource Crossings. The following criteria shall be used to design structures that cross a water resource in the Village:
A. Water resource crossings other than bridges shall be designed to convey the stream's flow for the minimum 100-year, 24-hour storm or as indicated by the Village Engineer. The maximum allowed headwater for such a storm shall be 12 inches below pavement crown elevation. Water crossings carrying receiving waters located near upstream Village borders shall convey no more flow than currently designed to carry unless directed by the Village Engineer.
B. Bridges, open bottom arch or spans are the preferred crossing technique and shall be considered in the planning phase of the development. Bridges and open spans should be considered for all State Scenic Rivers, coldwater habitat, exceptional warmwater habitat, seasonal salmonid habitat streams, and Class III headwater streams. The footers or piers for these bridges and open spans shall not be constructed below the ordinary high water mark.
C. If a culvert or other closed bottom crossing is used, twenty-five (25) percent of the cross-sectional area or a minimum of 1 foot of box culverts and pipe arches must be embedded below the channel bed. The conduit or conveyance must be sized to carry the 100-year storm under these conditions.
D. The minimum inside diameter of pipes to be used for crossings shall be 12 inches.
E. The maximum slope allowable shall be a slope that produces a 10-fps velocity within the culvert barrel under design flow conditions. Erosion protection and/or energy dissipaters shall be required to properly control entrance and outlet velocities.
F. All culvert installations shall be designed with consideration for the tailwater of the receiving facility or water resource. The tailwater elevation used shall be based on the design storm frequency.
G. Headwalls shall be required at all culvert inlets or outlets to and from open channels or lakes.
H. Streams with a drainage area of 5 square miles or larger shall incorporate floodplain culverts at the bankfull elevation to restrict head loss differences across the crossing so as to cause no rise in the 100-year storm event.
I. Bridges shall be designed such that the hydraulic profile through a bridge shall be one foot below the bottom chord of the bridge for either the 100-year, 24-hour storm, or the 100-year flood elevation as determined by FEMA, whichever is more restrictive.
(8) Overland flooding: Overland flood routing paths shall be used to convey stormwater runoff from the 100-year, 24-hour storm event to an adequate receiving water resource or SCM such that the runoff is contained within the drainage easement for the flood routing path and does not cause flooding of buildings or related structures. The peak 100-year water surface elevation along flood routing paths shall be at least one foot below the finished grade elevation of all structures. When designing the flood routing paths, the conveyance capacity of the site's storm sewers shall be taken into consideration.
(9) Compensatory flood storage mitigation: In order to preserve floodplain storage volumes and thereby avoid increases in water surface elevations, any filling within floodplains approved by the Village must be compensated by providing an equivalent storage volume. First consideration for the location(s) of compensatory floodplain volumes should be given to areas where the stream channel will have immediate access to the new floodplain within the limits of the development site. Consideration will also be given to enlarging existing or proposed retention basins to compensate for floodplain fill if justified by a hydraulic analysis of the contributing watershed. Unless otherwise permitted by the Village, reductions in volume due to floodplain fills must be mitigated within the legal boundaries of the development. Embankment slopes used in compensatory storage areas must reasonably conform to the natural slopes adjacent to the disturbed area. The use of vertical retaining structures is specifically prohibited.
(10) Velocity dissipation: Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall to provide non-erosive flow velocity from the structure to a water resource so that the natural physical and biological characteristics and functions of the water resource are maintained and protected.
(d) Stormwater Quality Control:
(1) Direct runoff to a SCM: The site shall be designed to direct runoff to one or more of the following SCMs. These SCMs are listed in Table 4 of this regulation and shall be designed to meet the following general performance standards:
A. Extended detention facilities that detain stormwater; settle or filter particulate pollutants; and release the controlled stormwater to a water resource.
B. Infiltration facilities that retain stormwater; promote settling, filtering, and biodegradation of pollutants; and infiltrate captured stormwater into the ground. The Village Engineer may require a soil engineering report to be prepared for the site to demonstrate that any proposed infiltration facilities meet these performance standards.
C. For sites disturbing less than five (5) acres, but greater than one (1) acre and not part of a common plan of development or sale, where 5 or more acres are disturbed, the Village Engineer may approve other SCMs if the owner demonstrates to the Village Engineer’s satisfaction that these SCMs meet the objectives of this regulation.
D. For sites disturbing five (5) or more acres, or less than five (5) acres but part of a larger common plan of development or sale which will disturb five (5) or more acres, the Village Engineer may approve other SCMs if the owner demonstrates to the Village Engineer’s satisfaction that these SCMs meet the objectives of this regulation as stated in Section 1183.09(c)(6), and has prior written approval from the Ohio EPA.
E. For the construction of new roads and roadway improvement projects by public entities (i.e. the state, counties, townships, cities, or villages), the Village Engineer may approve SCMs not included in Table 2 of this regulation, but must show compliance with the current version of the Ohio Departments of Transportations “Location and Design Manual, Volume Two Drainage Design”.
F. The Village Engineer may approve other SCMs if the owner demonstrates to the Village Engineer’s satisfaction that these SCMs meet the objectives of this regulation as stated in Section 1183.09(c)(6).
(2) Criteria applying to all SCMs. SCMs chosen must be sized to treat the water quality volume (WQv) and to ensure compliance with Ohio Water Quality Standards (OAC Chapter 3745-1).
A. The WQv shall be equal to the volume of runoff from a 0.75 inch rainfall event and shall be determined according to one of the following methods:
1. Through a site hydrologic study approved by the Village Engineer that uses continuous hydrologic simulation; site-specific hydrologic parameters, including impervious area, soil infiltration characteristics, slope, and surface routing characteristics; proposed SCMs controlling the amount and/or timing of runoff from the site; and local long-term hourly records, or
2. Using the following equation:
WQV = C*P*A/12
where terms have the following meanings:
WQV = water quality volume in acre-feet
C = runoff coefficient appropriate for storms less than 1 in.
P = 0.75 inch precipitation depth
A = area draining into the SCM, in acres.
Runoff coefficients required by the Ohio Environmental Protection Agency (Ohio EPA) for use in determining the water quality volume can be determined using the list in Table 3 or using the following equation to calculate the runoff coefficient:
C=0.858i3 – 0.78i2 + 0.774i+0.04, where:
i = fraction of the drainage area that is impervious
Table 3: Runoff Coefficients Based on the Type of Land Use
Land Use | Runoff Coefficient |
Industrial & Commercial | 0.8 |
High Density Residential (> 8 dwellings/acre) | 0.5 |
Medium Density Residential (4 to 8 dwellings/acre) | 0.4 |
Low Density Residential (<4 dwellings/acre) | 0.3 |
Open Space and Recreational Areas | 0.2 |
Where 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 stormwater 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) | |
B. An additional volume equal to 20% of the WQv shall be incorporated into the SCM for sediment storage. This volume shall be incorporated into the sections of SCMs where pollutants will accumulate.
C. Each individual SCM must be sized to treat the WQv associated with its entire contributing drainage area. Exceptions to this may be granted by the Village Engineer and/or the OEPA on a case-by-case basis.
D. SCMs for quality shall be designed such that the drain time is long stormwater enough to provide treatment and protect against downstream bank erosion, but short enough to provide storage available for successive rainfall events as defined in Table 4.
E. Sites within watersheds of coldwater habitat streams shall include SCMs to infiltrate the water quality volume or reduce the temperature of discharged runoff. SCMs that reduce the temperature of discharged runoff include bioretention, permeable pavement, underground detention, and incorporation of shading and infiltration in parking lot design.
F. All wet or dry extended stormwater detention facilities shall have a forebay and micropool as per the Ohio Rainwater and Land Development.
Table 4: Draw Down Times for Stormwater Control Measures
Stormwater Control Measure | Drain Time of WQv |
Infiltration Basin or Trench 1 | 48 hours |
Permeable Pavement - Infiltration 1 | 48 hours |
Permeable Pavement - Extended Detention | 24 hours |
Extended Detention Facilities | |
Dry Extended Detention Basin 2 | 48 hours |
Wet Extended Detention Basin 3 | 24 hours |
Constructed Wetlands (above permanent pool) 4 | 24 hours |
Bioretention Area/Cell 5,6 | 24 hours |
Sand and other Media Filtration 5 | 24 hours |
1 Practices designed to fully infiltrate the WQv shall empty within 48 hours to provide storage for subsequent storm events. 2 The use of a forebay and micropool is required on all dry extended detention basins. Each is to be sized at a minimum 10% of the WQv. 3 Provide both a permanent pool and an extended detention volume above the permanent pool, each sized with at least 0.75*WQV . 4 Extended detention shall be provided for the WQv above the permanent water pool. 5 The surface ponding area shall completely empty within 24 hours so that there is no standing water. Shorter drawdown times are acceptable as long as design criteria in Ohio Rainwater and Land Development have been met. 6 This includes grassed linear bioretention, which was previously titled enhanced water quality swale. 7 Pocket wetlands must have a wet pool equal to the WQv, with 25% of the WQv in a pool and 75% in marshes. The EDv above the permanent pool must be equal to the WQv. | |
G. Each SCM shall be designed to facilitate sediment removal, vegetation management, debris control, and other maintenance activities defined in the Inspection Plan and Maintenance Agreement for the site.
H. The seasonal high groundwater elevation is the normal water line or normal elevation of saturation.
I. Water quality volume (WQv) orifices less than 3-inches in diameter shall be designed with an anti-clogging or non-clogging design.
(3) Additional criteria applying to infiltration facilities.
A. Infiltration facilities shall only be allowed if the soils of the facility have an infiltration rate between 0.5 in./hr. and 4.0 in./hr. (or deemed acceptable by the Village Engineer)), if the seasonal high water table is at least three (3) feet below the final grade elevation, and any underlying bedrock is at least six feet below the final grade elevation. Infiltration trenches should be designed to meet all criteria in the current edition of the Ohio Rainwater and Land Development.
B. All runoff directed into an infiltration basin must first flow through a pretreatment practice such as a grass channel or filter strip to remove coarser sediments that could cause a loss of infiltration capacity.
C. During construction, all runoff from disturbed areas of the site shall be diverted away from the proposed infiltration basin site. No construction equipment shall be allowed within the infiltration basin site to avoid soil compaction.
(4) Additional criteria applying to extended conveyance facilities.
A. Facilities designed according to the extended conveyance detention design drain time shall:
1. Not be located in areas where the depth to bedrock and/or seasonal high water table is less than 3 feet below the final grade elevation.
2. Only be allowed where the underlying soil consists of hydrologic soil group (HSG) A or B, unless the underlying soil is replaced by at least a 2.5 foot deep layer of soil amendment with a permeability equivalent to a HSG A or B soil and an underdrain system is provided.
B. Concentrated runoff shall be converted to sheet flow, or a diffuse flow using a plunge pool, flow diffuser or level spreader, before entering an extended conveyance facility.
(5) Additional criteria for extended detention facilities:
A. The outlet shall be designed to not release more than the first half of the water quality volume in less than 1/3rd of the drain time. If elevations allow, a valve shall be provided to drain any permanent pool volume for removal of accumulated sediments. The outlet shall be designed to minimize clogging, vandalism, maintenance and promote the capture of floatable pollutants.
B. The basin design shall incorporate the following features to maximize multiple uses, aesthetics, safety, and maintainability:
1. Basin side slopes above the permanent pool shall have a run to rise ratio of 3:1 or flatter.
2. The perimeter of all permanent pool areas deeper than 4 feet shall be surrounded by an aquatic bench that extends at least 8 feet and no more than 15 feet outward from the normal water edge. The 8 feet wide portion of the aquatic bench closest to the shoreline shall have an average depth of 6 inches below the permanent pool to promote the growth of aquatic vegetation. The remainder of the aquatic bench shall be no more than 15 inches below the permanent pool to minimize drowning risk to individuals who accidentally or intentionally enter the basin, and to limit growth of dense vegetation in a manner that allows waves and mosquito predators to pass through the vegetation. The maximum slope of the aquatic bench shall be 10 (H) to 1 (V). The aquatic bench shall be planted with hardy native species of plant comparable to wetland vegetation that are able to withstand prolonged inundation. The use of invasive plant species is prohibited.
3. A forebay designed to allow larger sediment particles to settle shall be placed at basin inlets. The forebay and micropool volume shall be equal to at least 10% of the water quality volume (WQv).
4. Detention basins shall be provided with an emergency drain, where practicable, so that the basin may be emptied if the primary outlet becomes clogged and/or to drain the permanent pool to facilitate maintenance. The emergency drain should be designed to drain by gravity where possible.
(6) Criteria for the Acceptance of Alternative post-construction SCMs: The owner may request approval from the Village Engineer for the use of alternative structural post-construction SCMs if the applicant shows to the satisfaction of the Village Engineer that these SCMs are equivalent in pollutant removal and runoff flow/volume reduction effectiveness to those listed in Table 4. If the site is greater than five (5) acres, or less than five (5) acres but part of a larger common plan of development or sale which will disturb five (5) or more acres, prior approval from the Ohio EPA and the Village as necessary. To demonstrate the equivalency, the applicant must show:
A. The alternative SCM has a minimum total suspended solid (TSS) removal efficiency of 80 percent, using the Level II Technology Acceptance Reciprocity Partnership (TARP) testing protocol.
B. The water quality volume discharge rate from the selected SCM is reduced to prevent stream bed erosion, unless there will be negligible hydrologic impact to the receiving surface water of the State. The discharge rate from the SCM will have negligible impacts if the owner can demonstrate one of the following conditions:
1. The entire water quality volume is recharged to groundwater.
2. The development will create less than one acre of impervious surface.
3. The development project is a redevelopment project with an ultra-urban setting, such as a downtown area, or on a site where 100 percent of the project area is already impervious surface and the stormwater discharge is directed into an existing storm sewer system.
4. The stormwater drainage system of the development discharges directly into a large river of fourth order or greater or to a lake, and where the development area is less than 5 percent of the water area upstream of the development site, unless a (TMDL) has identified water quality problems in the receiving surface water of the State.
(e) Stormwater Quantity Control: The Comprehensive Stormwater Management Plan shall describe how the proposed SCMs are designed to meet the following requirements for stormwater quantity control for each watershed in the development:
(1) The peak discharge rate of runoff from the Critical Storm and all more frequent storms occurring under post-development conditions shall not exceed the peak discharge rate of runoff from a 1-year, 24-hour storm occurring on the same development drainage area under pre-development conditions.
(2) Developers or sub-dividers shall include in their preliminary plans a local watershed study to determine the impact from the development or subdivision caused by stormwater onto the lands adjoining or downstream from the area to be developed, to assure that said lands shall not be adversely affected by the proposed development or subdivision.
(3) Storms of less frequent occurrence (longer return periods) than the Critical Storm, up to the 100-year, 24-hour storm shall have peak runoff discharge rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. The 1, 2, 5, 10, 25, 50, and 100-year storms shall be considered in designing a facility to meet this requirement.
(4) The Critical Storm for each specific development drainage area shall be determined as follows:
A. Determine, using a curve number-based hydrologic method that or other hydrologic method approved by the Village Engineer, the total volume (acre-feet) of runoff from a 1-year, 24-hour storm occurring on the development drainage area before and after development. These calculations shall meet the following standards:
1. Calculations shall include the lot coverage assumptions used for full build out as proposed.
2. Calculations shall be based on the entire contributing watershed to the development area.
3. Drainage area maps shall include area, curve number, time of concentrations. Time of concentration shall also show the flow path and the separation in flow type.
4. Rainfall data shall be obtained from the latest volume of the NOAA Rainfall ATLAS 14 or per Table 1.
5. Temporal Distribution Use the SCS Type II rainfall distribution for all design events. Include lot coverage assumptions used for full build out of the proposed condition.
6. Curve numbers for the pre-development condition must reflect the average type of land use over the past 10 years and not only the current land use. Curve Numbers shall conform to the National Engineering Handbook Table 9-1.
a. Post-development Curve Numbers - All areas that are altered by construction practices shall use post-construction Hydraulic Soil Groups from Ohio Rainwater and Land Development.
7. Time of Concentration - Use velocity based methods from (TR-55 NRCS USDA Urban Hydrology in Small Watersheds, 1986) to estimate travel time (Tt) for overland (sheet) flow, shallow concentrated flow and channel flow.
8. The volume reduction provided by permeable pavement, bioretention, or other LID SCMs may be subtracted from the post development stormwater volume. Volume reductions for these practices may be demonstrated using methods outlined in Ohio Rainwater and Land Development or a hydrologic model acceptable to the Village Engineer.
9. To account for future post-construction improvements to the site, calculations shall assume an impervious surface such as asphalt or concrete for all parking areas and driveways, regardless of the surface proposed in the site description except in instances of engineered permeable pavement systems.
B. From the volume determined in Section 1337.09(d)(3)A., determine the percent increase in volume of runoff due to development. Using the percentage, select the 24-hour Critical Storm from Table 5.
Table 5: 24-Hour Critical Storm
If the Percentage of Increase in Volume of Runoff is: | The Critical Storm will be: | |
Equal to or Greater Than: | and Less Than: | |
--- | 10 | 1 year |
10 | 20 | 2 year |
20 | 50 | 5 year |
50 | 100 | 10 year |
100 | 250 | 25 year |
250 | 500 | 50 year |
500 | --- | 100 year |
For example, if the percent increase between the pre- and post-development runoff volume for a 1-year storm is 35%, the Critical Storm is a 5-year storm. The peak discharge rate of runoff for all storms up to this frequency shall be controlled so as not to exceed the peak discharge rate from the 1-year frequency storm under pre-development conditions in the development drainage area. The post-development runoff from all less frequent storms need only be controlled to meet pre-development peak discharge rates for each of those same storms. | ||
C, For sites with less than one acre of disturbed land and not part of a common plan of development:
1. If the post-developed flow for the critical storm is less than 110% of the pre-developed critical storm flow, no stormwater quantity measures need to be implemented.
2. If the post-developed flow for the critical storm is equal to or greater than 110% of the pre-developed critical storm, stormwater quantity measures need to be implemented so that the post-developed critical storm flow is less than the pre-developed critical storm flow.
(f) Stormwater Management on Redevelopment Projects: Comprehensive Stormwater Management Plans for redevelopment projects shall reduce existing site impervious areas by at least 20 percent. A one-for-one credit towards the 20 percent net reduction of impervious area can be obtained through the use of pervious pavement and/or green roofs.
(1) Where site conditions prevent the reduction of impervious area, SCMs shall be implemented to treat at least 20 percent of the WQv.
(2) When a combination of impervious area reduction and stormwater quality control facilities are used, ensure a 20 percent net reduction of the site impervious area, provide for treatment of at least 20 percent of the WQv, or a combination of the two.
(3) Where projects are a combination of new development and redevelopment, the total water quality volume that must be treated shall be calculated by a weighted average based on acreage, with the new development at 100 percent water quality volume and redevelopment at 20 percent.
(4) Where conditions prevent impervious area reduction or on-site stormwater management for redevelopment projects, practical alternatives as detailed in Section 1183.10 may be approved by the Village Engineer. (Ord. 2017- 11. Passed 10-11-17.)
1183.10 ALTERNATIVE ACTIONS.
(a) When the Village determines that site constraints compromise the intent of this regulation, off-site alternatives may be used that result in an improvement of water quality and a reduction of stormwater quantity. Such alternatives shall meet the following standards:
(1) Shall achieve the same level of stormwater quantity and quality control that would be achieved by the on-site controls required under this regulation.
(2) Implemented in the same Hydrologic Unit Code (HUC) 112 watershed unit as the proposed development project.
(3) The mitigation ratio of the water quality volume is 1.5 to 1 or the water quality volume at the point of retrofit, whichever is greater.
(4) An inspection and maintenance agreement as described in Chapter 1183.08(d)(10) is established to ensure operations and treatment in perpetuity.
(5) Obtain prior written approval from Ohio EPA.
(b) Alternative actions may include, but are not limited to the following. All alternative actions shall be approved by the Village Engineer:
(1) Fees, in an amount specified by the Village to be applied to community-wide SCMs.
(2) Implementation of off-site SCMs and/or the retrofit of an existing SCM to increase quality and quantity control.
(3) Stream, floodplain, or wetland restoration.
(4) Acquisition or conservation easements on protected open space significantly contributing to stormwater control such as wetland complexes. (Ord. 2017-11. Passed 10-11-17.)
1183.11 EASEMENTS.
Access to SCMs as required by the Village Engineer for inspections and maintenance shall be secured by easements. The following conditions shall apply to all easements:
(a) Easements shall be included in the Inspection and Maintenance Agreement submitted with the Comprehensive Stormwater Management Plan.
(b) Easements shall be approved by the Village prior to approval of a final plat and shall be recorded with the Cuyahoga Auditor and on all property deeds.
(c) Unless otherwise required by the Village Engineer, access easements between a public right-of-way and all SCMs shall be no less than 25-feet wide. The easement shall also incorporate the entire SCM plus an additional 25-foot wide band around the perimeter of the SCM.
(d) The easement shall be graded and/or stabilized as necessary to allow maintenance equipment to access and manipulate around and within each facility, as defined in the Inspection and Maintenance Agreement for the site.
(e) Easements to structural SCMs shall be restricted against the construction therein of buildings, fences, walls, and other structures that may obstruct the free flow of stormwater and the passage of inspectors and maintenance equipment; and against the changing of final grade from that described by the final grading plan approved by the Village. Any re-grading and/or obstruction placed within a maintenance easement may be removed by the Village at the property owners’ expense. Grading and/or obstructions that is/are revised or removed may not be returned to original condition or configurations if determined by the Village of Woodmere to be an obstruction to the operation and maintenance of the stormwater facility. (Ord. 2017-11. Passed 10-11-17.)
1183.12 MAINTENANCE AND FINAL INSPECTION APPROVAL.
To receive final inspection and acceptance of any project, or portion thereof, the following must be completed by the owner and provided to the Village Engineer:
(a) Final stabilization must be achieved and all permanent SCMs must be installed and made functional, as determined by the Village Engineer and per the approved Comprehensive Stormwater Management Plan.
(b) An As-Built Certification, including As-Built Survey and Inspection, must be sealed, signed and dated by a Professional Engineer and a Professional Surveyor with a statement certifying that the SCMs, as designed and installed, meet the requirements of the Comprehensive Stormwater Management Plan approved by the Village Engineer. In evaluating this certification, the Village Engineer may require the submission of a new set of SCM calculations if he/she determines that the design was altered significantly from the approved Comprehensive Stormwater Management Plan. The As-Built Survey must provide the location, dimensions, and bearing of such SCMs and include the entity responsible for long-term maintenance as detailed in the Inspection and Maintenance Agreement.
(c) A copy of the complete and recorded Inspection and Maintenance Agreement as specified in Section 1183.08 must be provided to the Village Engineer.
(Ord. 2017-11. Passed 10-11-17.)
1183.13 ON-GOING INSPECTIONS.
The owner shall inspect SCMs regularly as described in the Inspection and Maintenance Plan and Inspection and Maintenance Agreement. The Village has the authority to enter upon the property to conduct inspections as necessary, with prior notification of the property owner, to verify that the SCMs are being maintained and operated in accordance with this regulation. Upon finding a malfunction or other need for maintenance, the Village shall provide written notification to the responsible party, as detailed in the Inspection and Maintenance Agreement, of the need for maintenance. Upon notification, the responsible party shall have ten (10) working days, or other mutually agreed upon time, to make repairs or submit a plan with detailed action items and established timelines. Should repairs not be made within this time, or a plan approved by the Village Engineer for these repairs not be in place, the Village may undertake the necessary repairs and assess all costs to the responsible party.
(Ord. 2017-11. Passed 10-11-17.)
1183.14 FEES.
The Comprehensive Stormwater Management Plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Village before the review process begins. The Village Building Department shall establish a fee schedule based upon the actual estimated cost for providing these services.
(Ord. 2017-11. Passed 10-11-17.)
1183.15 BOND.
(a) If a Comprehensive Stormwater Management Plan is required by this regulation, soil-disturbing activities shall not be permitted until a cash bond of 5% of the total project cost, has been deposited with the Village Finance Department. This bond shall be posted for the Village to perform the obligations otherwise to be performed by the owner of the development area as stated in this regulation and to allow all work to be performed as needed in the event that the owner fails to comply with the provisions of this regulation. The stormwater bond will be returned, less Village administrative fees as detailed in Chapter 1183 of the Village Codified Ordinances, when the following three criteria are met:
(1) After 80% of the lots of the project have been complete or 100% of the total project has been permanently stabilized or three (3) years from the time of permanent stabilization have passed.
(2) An As Built Inspection of all SCMs is completed by the owner and approved by the Village Engineer.
(3) An Inspection and Maintenance Plan has been approved by the Village of Woodmere and an Inspection and Maintenance Agreement signed by the developer, the contractor, the Village, and the private owner or homeowners association who will take long term responsibility for these SCMs, is accepted by the Village Engineer.
(b) Once these criteria are met, the owner shall be reimbursed all bond monies that were not used for any part of the project. If all of these criteria are not met after three years of permanent stabilization of the site, the Village may use the bond monies to fix any outstanding issues with all stormwater management structures on the site and the remainder of the bond shall be given to the private lot owner/ homeowners association for the purpose of long term maintenance of the project. (Ord. 2017-11. Passed 10-11-17.)
1183.16 INSTALLATION OF WATER QUALITY SCMs.
The owner may not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the Village Engineer. This occurs after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the Village Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) may be completed and placed into service. Upon completion of installation of these SCMs, all disturbed areas and/or exposed soils caused by the installation of these SCMs must be stabilized within 2 days. (Ord. 2017-11. Passed 10-11-17.)
1183.17 VIOLATIONS.
No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this regulation.
(Ord. 2017-11. Passed 10-11-17.)
1183.18 APPEALS.
Procedures:
(a) The Planning and Zoning Commission as established by the Village shall hear and make recommendations for appeals to Village Council from the requirements of this Chapter.
(b) The Planning and Zoning Commission shall hear and make recommendations for appeals to the Village Council when it is alleged that there is an error in any requirement, decision, or determination made by the Village Engineer in the enforcement and administration of this Chapter.
(c) Those aggrieved by a decision of the Village Council or any taxpayer, may appeal such decision to the Cuyahoga County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code.
(Ord. 2017-11. Passed 10-11-17.)
1183.99 PENALTY.
(a) Any person, firm, entity or corporation; including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) The imposition of any other penalties provided herein shall not preclude the Village instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village.
(Ord. 2017-11. Passed 10-11-17.)
1185.01 PURPOSE AND SCOPE.
The purpose of this regulation is to provide for the health, safety, and general welfare of the residents of the Village of Woodmere through the regulation of illicit discharges to the municipal separate storm sewer system (MS4). This regulation establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process as required by the Ohio Environmental Protection Agency (Ohio EPA). The objectives of this regulation are:
(a) To prohibit illicit discharges and illegal connections to the MS4.
(b) To establish legal authority to carry out inspections, monitoring procedures and enforcement actions necessary to ensure compliance with this regulation.
(Ord. 2008-23. Passed 5-21-08.)
1185.02 APPLICABILITY
This regulation shall apply to all residential, commercial, industrial, or institutional facilities responsible for discharges to the MS4 and on any lands in the Village of Woodmere, except for those discharges generated by the activities detailed in Section 1185.07(a)(1) to (a)(3) of this regulation.
(Ord. 2008-23. Passed 5-21-08.)
1185.03 DEFINITIONS.
The words and terms used in this regulation, unless otherwise expressly stated, shall have the following meaning:
(a) Best Management Practices (BMPs): means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) Community: means the Village of Woodmere, its designated representatives, boards, or commissions.
(c) Environmental Protection Agency or United States Environmental Protection Agency (USEPA): means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
(d) Floatable Material: in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(e) Hazardous Material: means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(f) Illicit Discharge: as defined at 40 C.F.R. 122.26(b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1185.07 of this regulation.
(g) Illegal Connection: means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(h) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26(b)(8), municipal separate storm sewer system 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):
(1) Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
(2) Designed or used for collecting or conveying storm water;
(3) Which is not a combined sewer; and
(4) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC §1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.
(j) Off-Lot Discharging Home Sewage Treatment System: means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(k) Owner/Operator: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
(l) Pollutant: means anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
(m) Storm Water: any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(n) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(Ord. 2008-23. Passed 5-21-08.)
1185.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this regulation shall not relieve any person from responsibility for damage to any person otherwise imposed by law. The provisions of this regulation are promulgated to promote the health, safety, and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property. (Ord. 2008-23. Passed 5-21-08.)
1185.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this regulation is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the Village of Woodmere, shall prevail.
(b) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This regulation shall not be construed as authorizing any person to maintain a nuisance on their property, and compliance with the provisions of this regulation shall not be a defense in any action to abate such a nuisance.
(d) Failure of the Village of Woodmere to observe or recognize hazardous or unsightly conditions or to recommend corrective measures shall not relieve the site owner from the responsibility for the condition or damage resulting therefrom, and shall not result in the Village of Woodmere, its officers, employees, or agents being responsible for any condition or damage resulting therefrom.
(Ord. 2008-23. Passed 5-21-08.)
1185.06 RESPONSIBILITY FOR ADMINISTRATION.
The Village of Woodmere shall administer, implement, and enforce the provisions of this regulation. The Village of Woodmere may contract with the Cuyahoga County Board of Health to conduct inspections and monitoring and to assist with enforcement actions.
(Ord. 2008-23. Passed 5-21-08.)
1185.07 DISCHARGE AND CONNECTION PROHIBITIONS
(a) Prohibition of Illicit Discharges. No person shall discharge, or cause to be discharged, an illicit discharge into MS4. The commencement, conduct, or continuance of any illicit discharge to the MS4 is prohibited except as described below:
(1) Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire fighting activities. These discharges are exempt until such time as they are determined by the Village of Woodmere to be significant contributors of pollutants to the MS4.
(2) Discharges specified in writing by the Village of Woodmere as being necessary to protect public health and safety.
(3) Discharges from off-lot discharging home sewage treatment systems permitted by the Cuyahoga County Board of Health for the purpose of discharging treated sewage effluent in accordance with Ohio Administrative Code 3701-29-02(6) until such time as the Ohio Environmental Protection Agency issues an NPDES permitting mechanism for residential 1, 2, or 3 family dwellings. These discharges are exempt unless such discharges are deemed to be creating a public health nuisance by the Cuyahoga County Board of Health.
In compliance with the Village of Woodmere Storm Water Management Program, discharges from all off-lot discharging home sewage treatment systems must either be eliminated or have coverage under an appropriate NPDES permit issued and approved by the Ohio Environmental Protection Agency. When such permit coverage is available, discharges from off-lot discharging home sewage treatment systems will not longer be exempt from the requirements of this regulation.
(b) Prohibition of Illegal Connections. The construction, use, maintenance, or continued existence of illegal connections to the MS4 is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person is considered to be in violation of this regulation if the person connects a line conveying illicit discharges to the MS4, or allows such a connection to continue. (Ord. 2008-23. Passed 5-21-08.)
1185.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The Village of Woodmere shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The Village of Woodmere shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The Village of Woodmere shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the Village of Woodmere.
(3) The Village of Woodmere shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the Village of Woodmere to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the Village of Woodmere and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the Village of Woodmere access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the Village of Woodmere is refused access to any part of the facility from which storm water is discharged, and the Village of Woodmere demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Village of Woodmere may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Upon confirmation of any illicit discharge from a facility by the Village of Woodmere, any costs associated with the review of proposed remediation plans, inspecting the facility to determine compliance with this regulation, and monitoring and/or sampling of the facility's storm water discharge, throughout the time period it takes to adequately resolve the illicit discharge, shall be assessed to the facility owner/operator.
(Ord. 2008-23. Passed 5-21-08.)
1185.09 ENFORCEMENT.
(a) Notice of Violation. When the Village of Woodmere finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the Village of Woodmere may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(5) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property is required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said Notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(c) Any person receiving a Notice of Violation must meet compliance standards within the time established in the Notice of Violation.
(d) Administrative Hearing: If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the Village of Woodmere Planning and Zoning Commission shall schedule an administrative hearing to determine reasons for non-compliance and to determine the next enforcement activity. Notice of the administrative hearing shall be hand delivered and/or sent registered mail.
(e) Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the Village of Woodmere may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 2008-23. Passed 5-21-08.)
1185.10 REMEDIES NOT EXCLUSIVE.
The remedies listed in this regulation are not exclusive of any other remedies available under any applicable federal, state or local law and it is in the discretion of the Village of Woodmere to seek cumulative remedies. (Ord. 2008-23. Passed 5-21-08.)
1185.99 PENALTY
(a) Any person, firm, entity or corporation, including but not limited to, the owner and/or operator of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues beyond the date established in the Notice of Violation set forth in Section 1185.09.
(b) All expenses incurred by the Village of Woodmere to initiate an enforcement action, implement a mitigating event, remediation of damages caused or resolve a violation shall be the responsibility of the property owner and/or operator.
(Ord. 2008-23. Passed 5-21-08.)
1187.01 PURPOSE AND SCOPE.
(a) It is hereby determined that the system of rivers, streams, and other natural watercourses within the Village of Woodmere contributes to the health, safety, and general welfare of the residents of the Village of Woodmere. The specific purpose and intent of this regulation is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:
(1) Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, 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, and transforming pollutants in runoff before they enter watercourses.
(5) Provide watercourse habitats with shade and food.
(6) Reduce the presence of aquatic nuisance species to maintain a diverse aquatic system.
(7) Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.
(8) Benefit the Village of Woodmere economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as gabion baskets and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the Village of Woodmere, and thereby preserving the character of the Village of Woodmere, the quality of life of the residents of the Village of Woodmere, and corresponding property values.
(b) The following regulation has been enacted to protect these services of riparian areas by providing reasonable controls governing structures and uses within a riparian setback along designated watercourses in the Village of Woodmere.
(Ord. 2004-117. Passed 7-21-04.)
1187.02 APPLICABILITY, COMPLIANCE AND VIOLATIONS.
(a) This regulation shall apply to all zoning districts.
(b) This regulation shall apply to all structures and uses on lands containing a designated watercourse as defined in this regulation, except as provided herein.
(c) No approvals or permits shall be issued by the Village of Woodmere without full compliance with the terms of this regulation.
(Ord. 2004-117. Passed 7-21-04.)
1187.03 CONFLICTS WITH OTHER REGULATIONS AND SEVERABILITY.
(a) Where this regulation imposes a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of this regulation shall control.
(b) This regulation shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in Section 1187.03(a) of this regulation.
(c) If any clause, section, or provision of this regulation is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.
(Ord. 2004-117. Passed 7-21-04.)
1187.04 DEFINITIONS.
For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) COMMUNITY: Throughout this regulation, this shall refer to the Village of Woodmere or its designated representatives, boards, or commissions.
(b) DAMAGED OR DISEASED TREES: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.
(c) DESIGNATED WATERCOURSE: A watercourse within the Village of Woodmere that is in conformity with the criteria set forth in this regulation.
(d) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(e) IMPERVIOUS COVER: Any paved, hardened, or structural surface regardless of its composition including but not limited to buildings, roads, driveways, parking lots, loading/unloading areas, decks, patios, and swimming pools
(f) NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
(g) 100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
(h) OHIO ENVIRONMENTAL PROTECTION AGENCY: Referred throughout this regulation as the "Ohio EPA."
(i) ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.
(j) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(k) RIPARIAN SETBACK: The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this regulation.
(l) SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as Cuyahoga SWCD.
(m) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(n) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.
(o) WATERCOURSE: Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(p) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended).
(Ord. 2004-117. Passed 7-21-04.)
1187.05 ESTABLISHMENT OF 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. In determining if watercourses have a defined bed and bank, the Village of Woodmere may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary. Any costs associated with such consultations may be assessed to the applicant.
(Ord. 2004-117. Passed 7-21-09.)
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minium of 75 feet on either side of all watercourses draining an area greater than ½ square mile and up to 20 square miles.
(2) A minimum of 25 feet on either side of all watercourses draining an area less than ½ square mile and having a defined bed and bank as determined by the Village of Woodmere in Section 1187.05 of this regulation.
(Ord. 2017-12. Passed 3-8-17.)
(c) Riparian Setback Map. The Village of Woodmere shall create a map identifying designated watercourses and their riparian setbacks. Said map is attached to original Ordinance 2004-117 and made part of this regulation and is identified as Exhibit A. The following shall apply to the Riparian Setback Map:
(1) It shall be used as a reference document and the information contained therein shall be believed to be accurate.
(2) It shall be a guide only.
(3) This map was prepared as a Riparian Setback Map by the Village of Woodmere in accordance with Section 1187.05. The Village of Woodmere digital data is a representation of recorded plats, surveys, deeds, and other collected information for use within a Geographic Information System for purposes of analysis. These and other digital data do not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership or use. The Village of Woodmere assumes no legal responsibility for this information.
(4) Nothing herein shall prevent the Village of Woodmere from amending the Riparian Setback Map from time to time as may be necessary.
(5) If any discrepancy is found between the Riparian Setback Map and this regulation, the criteria set forth in Section 1187.05(a) and (b) shall prevail.
(d) The following conditions shall apply in riparian setbacks:
(1) Riparian setbacks shall be measured in a horizontal direction outward from the ordinary high water mark of each designated watercourse.
(2) Except as otherwise provided in this regulation, riparian setbacks shall be preserved in their natural state.
(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 defined by FEMA. If a FEMA defined floodplain does not exist for a designated watercourse, the Village of Woodmere may require a site-specific floodplain delineation in conformance with standard engineering practices and approved by the Village of Woodmere. Any costs associated with reviewing this site-specific floodplain delineation may be assessed to the applicant.
(e) The applicant shall be responsible for identifying riparian setbacks, including any expansions or modifications as required by this regulation, and shall identify these setbacks on all subdivisions, land development plans, and/or zoning permit applications submitted to the Village of Woodmere. This identification shall be done by a metes and bounds survey and shall be subject to review and approval by the Village of Woodmere. Any costs associated with this review may be assessed to the applicant.
(f) If soil disturbing activities will occur within fifty feet (50') of the outer boundary of the riparian setback, the riparian setback shall be clearly identified by the applicant on site with construction fencing, and such identification shall be maintained throughout soil disturbing activities.
(g) No approvals or permits shall be issued by the Village of Woodmere prior to identification of riparian setbacks in conformance with this regulation.
(Ord. 2004-117. Passed 7-21-04.)
1187.06 APPLICATIONS AND SITE PLANS.
(a) The applicant shall be responsible for delineating riparian setbacks as required by this regulation and shall identify such setbacks on a site plan included with all subdivision plans, land development plans, and/or zoning permit applications submitted to the Village of Woodmere. The site plan shall be prepared by a professional engineer, surveyor, landscape architect, or such other qualified professional and shall be based on a survey of the affected land. Two (2) copies of the site plan shall be submitted. The site plans shall include the following information:
(1) The boundaries of the lot with dimensions.
(2) The locations of all designated watercourses.
(3) The limits, with dimensions, of the riparian setbacks.
(4) The existing topography at intervals of two (2) feet.
(5) The location and dimensions of any proposed structures or uses, including proposed soil disturbance, in relationship to all designated watercourses.
(6) North arrow, scale, date, and stamp bearing the name and registration number of the qualified professional who prepared the site plan.
(7) Other such information as may be necessary for the Village of Woodmere to ensure compliance with this regulation.
(b) The Village of Woodmere may, in reviewing the site plan, consult with the Cuyahoga SWCD or other such experts. Any costs associated with this review may be assessed to the applicant.
(c) If soil disturbing activities will occur within 50 feet of the outer boundary of the applicable riparian setback as specified in this regulation, the riparian setback shall be clearly identified by the applicant on site with construction fencing as shown on the site plan. Such identification shall be completed prior to the initiation of any soil disturbing activities and shall be maintained throughout soil disturbing activities.
(d) No approvals or permits shall be issued by the Village of Woodmere prior to identification of riparian setbacks on the affected land in conformance with this regulation.
(Ord. 2004-117. Passed 7-21-04.)
1187.07 USES PERMITTED IN RIPARIAN SETBACKS.
(a) By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, but not limited to, those listed in this regulation. No use permitted under this regulation shall be construed as allowing trespass on privately held lands.
(1) Recreational activity. Hiking, fishing, hunting, picnicking, and similar passive recreational uses, as permitted by federal, state, and local laws.
(2) Removal of damaged or diseased trees. Damaged or diseased trees may be removed.
(3) Revegetation and/or reforestation. Riparian setbacks may be revegetated and/or reforested with native, noninvasive plant species.
(b) By Conditional Use Permit Granted by the Planning and Zoning Commission. When granting Conditional Use Permits for the following uses, the Planning and Zoning Commission may, for good cause, attach such conditions as it deems appropriate. Permits issued under this regulation are issued to the applicant only, shall not be transferred, and shall be void if not implemented within one (1) year of issuance.
(1) Crossings. Crossings of designated watercourses through riparian setbacks with roads, driveways, easements, bridges, culverts, utility service lines, or other means may be permitted provided such crossings minimize disturbance in riparian setbacks and mitigate any necessary disturbances. Such crossings shall only be undertaken upon approval of a Crossing Plan by the Planning and Zoning Commission. Any costs associated with review of Crossing Plans may be assessed to the applicant.
If work will occur below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification), shall also be provided to the Village of Woodmere. Proof of compliance shall be the following:
A. A site plan showing that any proposed crossing conforms to the general and special conditions of the applicable Nationwide Permit, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under the applicable Nationwide Permit, or
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(2) Streambank stabilization projects. Streambank stabilization projects along designated watercourses may be allowed, provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species to the maximum extent practicable. Such streambank stabilization measures shall only be undertaken upon approval of a Streambank Stabilization Plan by the Planning and Zoning Commission. Any costs associated with review of Streambank Stabilization Plans may be assessed to the applicant.
If streambank stabilization work is proposed below the ordinary high water mark of the designated watercourse, proof of compliance with the applicable conditions of a US Army Corps of Engineers Section 404 Permit (either a Nationwide Permit 13, including the Ohio State Certification Special Conditions and Limitations, or an Individual Permit, including Ohio 401 water quality certification) shall be provided to the Village of Woodmere. Proof of compliance shall be the following:
A. A site plan showing that any proposed crossing conforms to the general and special conditions of Nationwide Permit 13, or
B. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under Nationwide Permit 13, or,
C. A copy of the authorization letter from the U.S. Army Corps of Engineers approving activities under an Individual Permit.
(3) Storm water retention and detention facilities. Storm water retention and detention facilities may be constructed in the riparian setback, provided:
A. Storm water quality treatment consistent with current Ohio EPA regulations is incorporated into the basin.
B. Storm water retention and detention facilities are located at least 50 feet from the ordinary high water mark of the designated watercourse.
(4) Landscaping. The removal of natural vegetation within a riparian setback and the subsequent cultivation of lawns, landscaping, shrubbery, or trees may be allowed provided that such cultivation is done in conformance with a Landscaping Plan approved by the Planning and Zoning Commission. Any costs associated with review of Landscaping Plans may be assessed to the applicant. Landscaping Plans shall meet the following criteria:
A. Maintain trees in the riparian setback larger than nine (9) inches in caliper (diameter) as measured fifty-four inches above the ground to the maximum extent practicable.
B Maintain trees, shrubbery, and other non-lawn, woody vegetation in the riparian setback to the maximum extent practicable.
(Ord. 2004-117. Passed 7-21-04.)
1187.08 USES PROHIBITED IN RIPARIAN SETBACKS.
(a) Any use not authorized under this regulation shall be prohibited in riparian setbacks unless a variance is recommended by the Planning and Zoning Commission and granted by the Village Council (see Title II, Woodmere Codified Ordinances). By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:
(1) Construction. There shall be no buildings or structures of any kind.
(2) Dredging or dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under this regulation.
(3) Fences and walls. There shall be no fences or walls, except as permitted under this regulation.
(4) Roads or driveways. There shall be no roads or driveways, except as permitted under this regulation.
(5) Motorized vehicles. There shall be no use of motorized vehicles, except as permitted under this regulation.
(6) Disturbance of natural vegetation. There shall be no disturbance of natural vegetation within riparian setbacks except for the following:
A. Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of passage of this regulation.
B. Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an approved Landscaping Plan submitted in conformance with this regulation.
C. Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(7) Parking spaces or lots and loading/unloading spaces for vehicles. There shall be no parking spaces, parking lots, or loading/unloading spaces.
(8) New surface and/or subsurface sewage disposal or treatment areas. Riparian setbacks shall not be used for the disposal or treatment of sewage, except as necessary to repair or replace an existing home sewage disposal system and in accordance with recommendations of the Cuyahoga Board of Health.
(Ord. 2004-117. Passed 7-21-04.)
1187.09 VARIANCES WITHIN RIPARIAN SETBACKS.
(a) The Planning and Zoning Commission may recommend to the Village Council a grant of a variance to this regulation as provided herein. In granting a variance, the following conditions shall apply:
(1) In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in this regulation, such as to justify the granting of a variance, the Planning and Zoning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) The Planning and Zoning Commission may not authorize any structure or use in a Zoning District other than those authorized in the Zoning Code.
(3) Variances shall be void if not implemented within one (1) year of the date of issuance.
(b) In making a determination under Section 1187.09(a) of this regulation, the Planning and Zoning Commission may consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-year floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship, with respect to the use of a property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives to the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and control sediment.
(5) The presence of significant impervious cover, or smooth vegetation such as maintained lawns, in the riparian setback compromises its benefits to the Village of Woodmere. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variances may be granted for gravel driveways when necessary.
(6) Whether a property, otherwise buildable under the ordinances of the Village of Woodmere, will be made unbuildable because of this regulation.
(c) In order to maintain the riparian setback to the maximum extent practicable, the Planning and Zoning Commission may consider granting variations to other area or setback requirements imposed on a property by the Zoning Code.
(d) In granting a variance under this regulation, the Planning and Zoning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation.
(Ord. 2004-117. Passed 7-21-04.)
1187.10 PROCEDURES FOR VARIANCES AND APPEALS.
(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning and Zoning Commission, may apply to or appeal to the Planning and Zoning Commission. The following conditions shall apply:
(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within twenty (20) days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00), the administrative official shall transmit to the Planning and Zoning Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than fourteen (14) days prior to a regularly scheduled meeting of the Planning and Zoning Commission in order to be placed on the agenda for that meeting.
(2) When applying for a variance, the applicant shall file a variance request with the Planning and Zoning Commission.
(3) Applications for appeals or variances made under this regulation shall contain the following minimum information or be considered void by the Planning and Zoning Commission:
A. The name, address, and telephone number of the applicant;
B. Proof of ownership or authorization to represent the property owner.
C. The location of the property, including street address and permanent parcel number.
D. The current zoning of the property.
E. A description of the project for which the appeal or variance is sought.
F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
G. Names and addresses of each property owner within five hundred feet (500') as shown in the current records of the Cuyahoga County Auditor typed on gummed labels.
(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning and Zoning Commission within one (1) year of the date of a final decision by the Planning and Zoning Commission on the original application, unless the applicant shows the Planning and Zoning Commission either of the following:
A. Newly discovered evidence that could not have been presented with the original submission, or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(5) A decision by the Planning and Zoning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final. If a variance is recommended by the Planning and Zoning Commission, that recommendation will require the approval of the Village Council to be granted pursuant to Section 1105.03(d)(1) of the Codified Ordinances of Woodmere Village. (Ord. 2004-117. Passed 7-21-04.)
1187.11 INSPECTION OF RIPARIAN SETBACKS.
(a) The identification of riparian setbacks shall be inspected by the Village of Woodmere:
(1) Prior to soil disturbing activities authorized under this regulation. The applicant shall provide the Village of Woodmere with at least two (2) working days written notice prior to starting such soil disturbing activities.
(b) Any time evidence is brought to the attention of the Village of Woodmere that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation. (Ord. 2004-117. Passed 7-21-04.)
1187.99 PENALTY.
(a) Any person who violates any section of this regulation is guilty of a misdemeanor of first degree and each day upon which a violation occurs or continues shall be deemed a separate offense. Upon conviction, such person shall be subject to a penalty of up to one thousand dollars ($1,000) and six (6) months incarceration, and shall be required to restore the riparian setback through a restoration plan approved by the Planning and Zoning Commission.
(b) The imposition of any other penalties provided herein shall not preclude the Village of Woodmere from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of the Village of Woodmere Zoning Inspector.
(Ord. 2004-117. Passed 7-21-04.)
CODIFIED ORDINANCES OF WOODMERE