Ordinance 086-14RECORD OF ORDINANCES
Dayton [.c al Blank, Inc. Form No 30043
86 -14
Ordinance No.
Passed _
20
AN ORDINANCE AMENDING CHAPTER 53, STORMWATER
MANAGEMENT AND STREAM PROTECTION, OF THE DUBLIN CODE
OF ORDINANCES, TO BE IN COMPLIANCE WITH CURRENT OHIO
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS, TO
CREATE AN EXEMPTION AREA FOR A PORTION OF THE BRIDGE
STREET DISTRICT; AND TO MAKE OTHER VARIOUS MINOR
REVISIONS
WHEREAS, the Ohio Environmental Protection Agency (OEPA) has promulgated revised
regulations in conjunction with the National Pollution Discharge Elimination System
(NPDES) Phase II requirements; and
WHEREAS, the OEPA has revised a General Construction permit and requires the City
to adopt the requirements contained in the permit; and
WHEREAS, the City has determined that the drainage and development of land usually
has significant impact upon the health, safety, and welfare of the residents of Dublin,
Ohio; and
WHEREAS, improperly managed stormwater runoff can increase the incidence of
flooding and erosion, which potentially endangers human life and property; and
WHEREAS, stormwater runoff can carry pollutants into receiving water bodies, thus
degrading water quality.
NOW, TH�EFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
0
Ohio, � I / of the elected members concurring:
Section 1. The amendments to Chapter 53, Stormwater Management and Stream
` Protection, of the Dublin Code of Ordinances as shown in attached Exhibit "A" are
!� hereby adopted.
Section 2. This ordinance shall take effect and be in force from and after the earliest
date allowed by law. n Q s ,� JJ--
P this ALL day of J< [ eni1 P"/ 2014.
Ma r - Presiding cer
Attest:
One--
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: August 21, 2014
Initiated By: Paul A. Hammersmith, PE, Director of Engineering /City Engineer
Barbara A. Cox, PE, Engineering Manager — Development
Kristin K. Yorko, PE, Civil Engineer
Memo
Re: Ordinance 86 -14 - Amending Chapter 53, Stormwater Management
and Stream Protection, of the Dublin Code of Ordinances, to be in
compliance with current Ohio Environmental Protection Agency
regulations, to create an exemption area for a portion of the Bridge
Street District, and to make other various minor revisions.
Summary
Staff has been compiling minor updates that need to be made to Chapter 53, the Stormwater
Regulation, since the last update in 2005. As staff has administered these regulations, we have
encountered several areas that we would like to update. These include:
• Increase the exemption for minimum change in impervious area to which the regulations
apply from 500 to 2,000 square feet. The intent is to allow small site modifications such as
pedestrian paths, patios, basketball courts, etc. to be constructed without amending the
overall stormwater management for the site. These changes are typically negligible. Ohio
Environmental Protection Agency (OEPA) minimum is one acre. § 53.070 (C)(2)
• Add an exemption area for a portion of the Bridge Street District. This is the area bounded
by Riverside Drive, I -270, SR 161 and the general alignment of Dale and Tuller Ridge
Drives. This area is directly connected to the Scioto River and the runoff needs to move
quickly to the river. § 53.070 (E)
• Clarification of the application of the Stream Corridor Protection Zone. These regulations
were intended to apply along waterways that do not have Federal Emergency Management
Agency (FEMA) designated floodplains. § 53.200 (C)
• Clarification of timing for erosion and sediment control inspections after rainfall events. This
is needed to be in conformance of the most recent General Construction Activity Permit
issued by the Ohio Environmental Protection Agency. § 53.340 (D)(1)
• Other minor edits to be in compliance with the appropriate permits issued by the OEPA.
Staff has worked with the Legal Department to review the proposed changes. Attached are both a
red -lined copy of Chapter 53 and a clean copy for Council review.
Recommendation
Staff recommends approval of Ordinance 86 -14 at the second reading /public hearing on
September 8, 2014 in order to be in compliance with current Ohio Environmental Protection
Agency regulations, to create an exemption area for a portion of the Bridge Street District, and to
make other various minor revisions.
Exhibit "A "
CHAPTER 53: STORMWATER MANAGEMENT AND STREAM PROTECTION
Section
53.010 Purpose
53.020 Short title
53.030 Jurisdiction
53.040 Definitions
53.050 Authority
53.060 Required approvals
53.070 Exemptions
53.080 General requirements
53.090 Stormwater design standards
53.100 Dedication of easements and rights -of -way
53.110 Stormwater management plan
53.120 Stormwater management plan application
53.130 Acceptance of stormwater improvements
53.140 Maintenance responsibility
53.150 Enforcement
53.200 Establishment of a stream corridor protection zone (SCPZ)
53.210 Uses permitted in the stream corridor protection zone
53.220 Uses prohibited in the stream corridor protection zone
53.230 Facilities prohibited in the stream corridor protection zone
53.240 Non - conforming structures or uses in the stream corridor protection zone
53.250 Inspection of stream corridor protection zone
53.260 Variances, Waivers or Exemptions
53.270 Appeals
53.300 Erosion and sediment control requirements for construction sites
53.310 General erosion and sediment control requirements
53.320 Standards and criteria for erosion and sediment control
53.330 Soil erosion and sediment control plan requirements
53.340 Erosion and sediment control compliance responsibility
53.999 Penalty
§ 53.010 PURPOSE.
(A) A chapter regulating stormwater from areas of new development and redevelopment
for the purpose of protecting the public health, safety, and welfare; defining appropriate
stormwater control measures for the quantity and quality of stormwater runoff in the city;
providing for waivers; providing requirements for the protection of water resources; imposing
application fees and procedures; requiring adherence to the plans approved by the City
Engineer; providing for maintenance; and providing for enforcement and penalties for
violation.
Page 1 of 31
Exhibit A ,,
(B) In order to protect, maintain, and enhance both the immediate and the long -term
health, safety, and general welfare of the citizens of Dublin, it is the intent of the city to enact
this chapter so as to accomplish the following objectives:
(1) To prevent loss of life and loss of property due to flooding;
(2) To protect, restore, and maintain the chemical, physical, and biological quality of
ground and surface waters;
(3) To encourage productive and enjoyable harmony between humanity and nature
thus enhancing the scenic beauty and environment of the City;
(4) To prevent individuals, business entities, and governmental entities from causing
harm to the community by activities which adversely affect water resources;
5) To encourage the protection of natural systems, including groundwater and the
use of those natural systems in ways which do not impair their beneficial functioning;
(6) To assist in stabilizing the banks of streams to reduce bank erosion and the
downstream transport of sediments eroded from watercourse banks;
(7) To provide areas for natural meandering and lateral movement of stream
channels;
(8) To minimize the transport of sediments and pollutants to surface water and
groundwater;
(9) To provide high quality stream habitats with shade and food to a wide array of
wildlife by maintaining diverse and connected riparian vegetation;
(10) To provide economical benefits to the city by minimizing encroachment on stream
channels and reducing the need for costly engineering solutions such as dams and riprap;
(11) To protect structures and reduce property damage and threats to the safety of
watershed residents;
(12)To add to the quality of life of the residents of the City of Dublin and
corresponding property values;
(13)To ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plans for all activities which may have an adverse
impact upon groundwater and surface water.
§ 53.020 SHORT TITLE.
This chapter shall be known and cited as the Stormwater Management and Stream
Protection chapter, hereinafter referred to as the stormwater regulations.
Page 2 of 31
Exhibit "A
§ 53.030 JURISDICTION.
The stormwater regulations shall apply in all areas within the development jurisdiction of
the city.
§ 53.040 DEFINITIONS.
For the purpose of the stormwater regulations, the following terms, phrases, and
definitions shall apply. Words used in the singular shall include the plural, and the plural, the
singular. Words used in the present tense shall include the future tense. The word SHALL is
mandatory and not discretionary. The word MAY is permissive. Words not defined herein shall
be construed to have the meaning given by common and ordinary use as defined by the latest
edition of Webster's Dictionary.
AGRICULTURE. The art or science of cultivating the ground, including the harvesting
of crops, and the rearing and management of live stock; farming.
APPLICANT. Any person or duly designated representative applying for a permit or
other type of city, federal, or state regulatory approval to proceed with a project.
AS -BUILT PLANS. The final plans amended to include all locations, dimensions,
elevations, capacities, capabilities, as actually constructed and installed.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibition of
practices, maintenance procedures, and other management practices (both structural and non-
structural) to prevent or reduce the pollution of waters. BMP's also include treatment
requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
BLUE -LINE STREAM. Those streams shown on USGS 7.5' Quad maps with solid or
dashed blue lines.
CLEARING. The removal of trees, brush, and other ground cover from a part of the
land, but shall not include mowing.
COMPENSATING STORAGE. Equivalent floodplain storage provided to counterbalance
floodplain filling.
CONSERVATION. The wise use and management of natural resources.
CONSTRUCTION. The erection, alteration, repair, renovation, demolition or removal of
any building or structure; and the clearing, stripping, excavating, filling, grading, and
regulation of sites with connection therewith.
Page 3 of 31
Exhibit "A ,,
CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to
construction sites regulated under this regulation which reduce the mud, dust and dirt tracked
out of the site.
DAMAGED OR DISEASED TREES: Trees that have split trunk, 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 stream or onto a structure.
DENUDE. The act of stripping, scraping, and /or scalping a site of vegetation, thus
exposing bare soil.
DETENTION or TO DETAIN. The retardance of, or to retard or slow, the discharge,
directly or indirectly, of a given volume of stormwater runoff into surface waters in a facility
that does not contain a permanent or normal pool of water.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership,
corporation, trust, or any other legal entity commencing proceedings under these regulations to
effect the development of land for himself or for another.
DEVELOPMENT AREA. Any contiguous (abutting) area owned by one or more
person(s) or developed as a single phase or multiple phases (units) and used or being developed
or redeveloped, for non -farm commercial, industrial, residential, or other non -farm purposes
upon which earth - disturbing activities are planned or underway.
DEVELOPMENT or DEVELOPMENT ACTIVITY. The alteration, construction,
installation, demolition or removal of a structure, impervious surface or drainage facility; or
clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or
adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping,
piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.
DISCHARGE. The outflow of water from a project, site, aquifer, drainage basin or
facility.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative
cover and /or other earth disturbing activities.
DITCH. A constructed channel for irrigation or stormwater conveyance.
DRAINAGE. The removal of excess surface water or groundwater from land by surface
or subsurface drains.
DRAINAGE AREA. The area of land contributing surface water to a specific point.
DUMPING. Grading, pushing, pilling, throwing, unloading, or placing of fill material,
composed of earth, soil, rock, sand, gravel, or demolition material.
Page 4 of 31
Exhibit "A "
EARTH - DISTURBING ACTIVITY. Any grading, excavating, filling, or other alteration
of the earth's surface where natural or man-made ground cover is destroyed and which may
result in or contribute to erosion and sediment pollution.
EASEMENT. A grant by a property owner for the use of a specified portion of land for a
specified purpose.
EROSION.
(A) The wearing away of the land surface by running water, wind, ice or other geological
agents, including such processes as gravitational creep.
(B) Detachment and movement of soil or rock fragments by wind, water, ice or gravity.
(C) Erosion includes:
(1) Accelerated Erosion: erosion much more rapid than normal, natural or geologic
erosion, primarily as a result of the influence of the activities of man.
(2) Floodplain Erosion: abrading and wearing away of the nearly level land
situated on either side of a channel due to overflow flooding.
(3) Gully Erosion: a type of erosion caused by concentrated runoff that removes
soil such that channels are formed and /or become considerably deeper than what
would otherwise result by normal smoothing or tilling operations.
(4) Natural (Geological) Erosion: the wearing away of the earth's surface by water,
ice or other natural agents under natural environmental conditions of clime,
vegetation, etc., undisturbed by man.
(5) Normal Erosion: the gradual erosion of land used by humans which does not
greatly exceed natural erosion.
(6) Rill Erosion: an erosion process in which numerous small channels only
several inches deep are formed; occurs mainly on recently disturbed soils.
(D) Sheet Erosion: the removal of a fairly uniform layer of soil from the land surface by
wind or runoff water.
(E) Stream Erosion: erosion of the bank or bottom due to the high velocity of flow within
the stream.
EROSION AND SEDIMENT CONTROL. Physical, mineral, procedural, and organic
measures to minimiz 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.
Page 5 of 31
Exhibit "A
EXEMPTION. Those activities that are not subject to the requirements contained in this
regulation.
EXTENDED DRY DETENTION. A drainage facility designed to capture the water
quality volume, release 50 percent of it in no less than 16 hours, and the remainder in no less
than 32 hours (for a total of 48 hours).
FINAL STABILIZATION. Establishment of a uniform perennial vegetative cover with a
density of at least 70% of the cover for the disturbed area, or equivalent stabilization measures
(such as the use of mulches or geotextiles) employed after all earth disturbing activities have
been completed.
FINSISHED GRADE. The final grade or elevation of the ground surface conforming to
the approved site grading plan.
FOREBAYS. Areas located at detention basin inlets that are designed to trap coarse
sediment particles by separating approximately ten percent of the extended detention basin
volume from the remainder of the basin with a lateral sill, rock - filled gabions, a retaining wall,
or horizontal rock filters.
GRADING. The stripping, cutting, filling, stockpiling, or any combination thereof of
earth disturbing activities, including land in its cut or filled conditions.
GRUBBING. Any activity which removes or significantly disturbs the root matter within
the ground.
GROUNDWATER. Water below the surface of the ground whether or not flowing
through known or defined channels.
HYDROGRAPH. A graph of discharge versus time for a selected point in the drainage
system.
MAINTENANCE. The action taken to restore or preserve the as -built functional design
of any facility or system.
NATURAL SUCCESSION: A gradual and continuous replacement of one kind of plant
and animal group by a more complex group. The plants and animals present in the initial group
modify the environment through their life activities thereby making it unfavorable for
themselves. They are gradually replaced by a different group of plants and animals better
adapted to the new environment.
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.
100 -YEAR FLOODPLAIN. Any land susceptible to being inundated by water from a base
flood, which is the flood that has a one percent or greater chance of being equaled or exceeded
Page 6 of 31
Exhibit "A
in any given year. For the purposes of these regulations, the 100 -year floodplain shall be
defined and approved by the City Engineer of Dublin or designee.
OPEN CHANNEL. A ditch, channel, swale, or other open conveyance that is not a
stream and is used to safely convey stormwater runoff.
ORDINARY HIGH WATER MARK: The point on the bank or shore to which the
presence and action of surface water is so continuous as to leave a distinctive mark by erosion,
destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other
easily recognized characteristic. The ordinary high water mark defines the channel of a stream.
OUTDOOR ACTIVITY AREAS. Areas where pollutants are or may become more
concentrated than typical urban runoff as characterized by the USEPA National Urban Runoff
Program (NURP), as listed below or otherwise defined by the City Engineer:
(1) Industrial material, waste handling, and storage areas, including but not limited to
loading docks, fuel and other liquid storage /dispensing facilities, material bins, containers,
stockpiles, and other storage containers, waste dumpsters, bins, cans, tanks, stockpiles, and
other waste containers.
(2) Processing, manufacturing, fabrication, cleaning, or other permanent outdoor
equipment or work areas.
(3) Areas where vehicles and equipment are repaired, maintained, stored,
disassembled, rinsed, cleaned or disposed.
OWNER. The person in whom is vested the fee, ownership, dominion, or title of
property (i.e., the proprietor). This term may also include a tenant, if chargeable under his
lease for the maintenance of the property, and any agent of the owner or tenant including a
developer.
PARCEL or PARCEL OF LAND. A contiguous quantity of land in possession or owned
by, or recorded as property of the same claimant person as of the effective date of the
stormwater regulations.
PERMITTEE. Any person who has been granted a permit to proceed with a project.
PERSON. Any individual, firm, corporation, governmental agency, business trust, estate,
trust, partnership, association, two or more persons having a joint or common business
interest, or any other legal entity.
POLLUTION. Any contamination or alteration of the physical, chemical, or biological
properties of any waters that will render the waters harmful or detrimental to: public health,
safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.
POST - DEVELOPMENT. The average conditions as of the completion of the
development for which a permit has been applied.
Page 7 of 31
Exhibit '
PRE - DEVELOPMENT. The hydrologic and hydraulic condition of the project site
immediately before development or construction begins.
PROFESSIONAL ENGINEER. A professional engineer licensed by the State of Ohio,
skilled in the practice of civil engineering and the engineer of record for the project under
consideration.
PROHIBITED DISCHARGES. Any discharges which are not composed entirely of
stormwater unless authorized under a discharge permit issued by the OEPA.
RECHARGE. The inflow of water into an aquifer.
RETENTION or TO RETAIN. The prevention of, or to prevent, the discharge, directly
or indirectly, of a given volume of stormwater runoff into surface waters in a facility that has a
permanent or normal pool of water.
RIPARIAN AREA. A transitional area between flowing water and land covered by
terrestrial vegetation that provides a continuous exchange of nutrients and woody debris
between land and water. This area is at least periodically influenced by flooding. Riparian
areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood
size flows and/ or filter and settle out runoff pollutants, or perform other functions consistent
with the purposes of these regulations.
SEDIMENT. Solid material, both mineral and organic, that is or was in suspension, is
being or has been transported, or has been moved from its site of origin by air, water, gravity,
or ice, and has come to rest on the earth's surface either above or below water.
SEDIMENT BASIN. Sedimentation control devices such as ponds or traps that are
designed to collect concentrated runoff from disturbed areas, settle and retain sediment in the
runoff, and discharge the runoff water to a stabilized channel or pipe.
SEDIMENTATION CONTROL DEVICE. Any structure or area which is designed to
hold runoff water until suspended sediments have settled.
SINKHOLE. A depression characterized by closed contours on a topographic map.
SITE. Any lot or parcel, or a series of lots or parcels of land adjoining or contiguous or
joined together under one ownership where clearing, stripping, grading or excavating is
performed.
STABILIZATION. The use of BMPs, such as seeding and mulching, that reduce or
prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
STORM EVENT. The storm of a specific duration, intensity, and frequency.
STORMWATER or RUNOFF. Refers to the flow of water which results from, and which
occurs during and immediately following a rainfall event.
Page 8 of 31
Exhibit "A "
STORMWATER CONTROL MEASURES. Can also be known as BMPs, but here it is used
to describe the allowable methodologies for handling stormwater quantity and quality control
as outlined in our stormwater design manual.
STORMWATER FACILITY. Any natural or constructed component of the stormwater
management system.
STORMWATER MANAGEMENT PLAN. Refers to the approved detailed analysis,
design, and drawings of the stormwater management system, including erosion and sediment
controls and other management practices and stormwater control measures for construction
activities, required for all construction.
STORMWATER MANAGEMENT SYSTEM. All natural and constructed stormwater
control measures used for the conveyance, cleaning and storage of stormwater through and
from a drainage area, including, but not limited to, any and all of the following: channels,
ditches, swales, flumes, culverts, streets, streams, watercourses, waterbodies, wetlands
detention/retention facilities, and treatment devices.
STORMWATER MASTER PLAN. The technical and policy manuals and any subsequent
updates or amendments thereto used by the City Engineer to administer the stormwater
regulations.
STORMWATER QUALITY. Any liquid, solid, or semi -solid substance, or combination
thereof, that enters stormwater runoff in concentrations or quantities large enough to contribute
to the degradation of the beneficial uses of the body of water receiving the discharge.
STORMWATER QUALITY TREATMENT. The removal of pollutants from urban runoff
and improvement of water quality, accomplished largely by deposition and utilizing the
benefits of natural processes.
STREAM. A channel having a well - defined bed and bank, either natural or artificial which
confines and conducts continuous or periodic flowing water in such a way that terrestrial
vegetation cannot establish roots within the streambed. Includes intermittent, ephemeral and
perennial streams and streams identified by USGS or NRCS maps.
STREAM CORRIDOR PROTECTION ZONE (SCPZ). The area set back along a stream
to protect the riparian area and stream from impacts of development, and streamside residents
from impacts of flooding and land loss through erosion. SCPZs are those lands within the City
of Dublin that fall within the area defined by the criteria set forth in these regulations.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface
cover.
STRUCTURE. Anything constructed or installed with a fixed location on the ground, or
attached to something having a fixed location on the ground.
Page 9 of 31
Exhibit "A"
SUBGRADE. The top elevation of graded and compacted earth underlying roadway
pavement.
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.
SWALE. An artificial or natural waterway which may contain contiguous areas of
standing or flowing water only following a rainfall event, or is planted with or has stabilized
vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake, or is
designed to take into account the soil erodibility, soil percolation, slope, slope length, and
contributing area so as to prevent erosion and reduce the pollutant concentration of any
discharge. Also see definitions for Open Channel and Ditch.
TAILWATER. The water into which a spillway or outfall discharges.
TEMPORARY SOIL EROSION AND SEDIMENT CONTROL MEASURES. Interim
control measures installed or constructed to control soil erosion until permanent soil erosion
control measures are established.
TERRESTRIAL VEGETATION. Upland vegetation and facultative upland vegetation, as
defined in the National Wetland Plant List.
TOPSOIL. Surface and upper surface soils which presumably are darker colored, fertile
soil materials, ordinarily rich in organic matter or humus debris.
WAIVER. A permit of conditional exemption from the regulation in part or in whole, as
specified by the approving agent, in a formal written statement. A waiver from the regulation
shall not be assumed to be in effect, without the expressed written statement from the City.
WATERBODY or RECEIVING WATERS. Any natural or artificial pond, lake,
reservoir, or other area which ordinarily or intermittently contains water and which has a
discernible shoreline and into which surface waters flow.
WATERCOURSE. Any natural or artificial waterway (including, but not limited to,
streams, rivers, creeks, drainageways, waterways, gullies, ravines, or washes) in which waters
flow in a definite direction or course, either continuously or intermittently; and including any
area adjacent thereto which is subject to inundation by reason of overflow of flood water.
WETLANDS. Those areas that are inundated or saturated by surface or groundwater with
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.
Wetlands generally include swamps, marshes, bogs, and similar areas.
WORKS. All artificial structures, including, but not limited to, canals, ditches, swales,
conduits, channels, culverts, pipes, and other construction that connects to, draws water from,
drains water into, or is placed in or across the waters in the state.
Page 10 of 31
Exhibit "A
§ 53.050 AUTHORITY.
The City Engineer is hereby authorized to administer the stormwater regulations. The City
Engineer shall maintain and update this Stormwater Management and Stream Protection
Ordinance and recommend to City Council for adoption modifications in this Stormwater
Management and Stream Protection Ordinance. The City Engineer shall also develop and
maintain a Stormwater Master Plan, administrative procedures, detailed design studies or
procedures to reflect new construction (including building additions), and /or engineering
design technology necessary to administer this Ordinance.
§ 53.060 REQUIRED APPROVALS.
(A) The requirements of the stormwater regulations shall be implemented, and shall be
satisfied completely, prior to final project approval by the City Engineer. No person shall
conduct any development activity, or subdivide or make any change in the use of land, or
construct any stormwater management system or structure, or change the size of an existing
structure or system, except as may be exempted in § 53.070 hereof.
(B) Any construction plans, specifications, building permits, or other documents approved
by the City Engineer shall be constructed in accordance with all applicable state or federal
permit requirements of the Ohio Environmental Protection Agency (OEPA), Ohio Department
of Natural Resources (ODNR) and /or U.S. Army Corps of Engineers. No construction activity
shall commence prior to obtaining applicable permits from these agencies.
§ 53.070 EXEMPTIONS.
With the approval of the City Engineer, the following activities may be exempted from on -site
stormwater runoff control. An exemption shall apply only to the requirement for on -site
stormwater detention or retention facilities. All other design elements such as the storm sewer
system, road culverts, erosion and sedimentation control, and runoff quality (unless otherwise
exempted) shall not be exempted.
(A)Emergency exemption. Emergency maintenance work performed for the protection of
public health and welfare, however, if the earth- disturbing activity would have required
an approved erosion and sediment control plan, if the activity were not an emergency,
then the land area disturbed shall be shaped and stabilized in accordance with the
requirements of the City.
(B) Maintenance exemption. Any maintenance to an existing system made in accordance
with plans and specifications approved by the City Engineer.
(C) Development - related exemptions. The applicant shall provide to the City Engineer in
writing a request for exemption which shall include a scaled site map, property tax
number, and street address if applicable.
Page 11 of 31
Exhibit "A ,,
(1) Single - family or duplex exemption. Single - family or duplex residential
construction on a single lot that is not part of a larger common plan of
development.
(2) Any construction which adds less than 2,000 square feet through expansion of a
building, structure or pavement which results in new impervious area on a
project site.
(3) It is conceivable that development situations not automatically subject to
exemption may exist such that development will have none of the harmful
effects of sediment deposition. Such development situations, subject to City
concurrence, are eligible for a waiver from this regulation. Waiver Requests
shall be made in writing to the City Engineer and shall include sufficient detail
to support that granting a wavier will not be detrimental to abutting properties or
to watercourses, public waters, or to the sewer System.
(D) Scioto River Corridor Exemption. Parcels that are located between State Route 745
(Dublin Road) and State Route 257 (Riverside Drive) which are directly tributary to the
Scioto River
(E) Bridge Street District Exemption. The City has established exemptions to Stormwater
Management Requirements due to parcel location within the Bridge Street District. The
applicant needs to review the current version of the City's Stormwater Management
Design Manual to determine the requirement that needs to be followed for their
proposed development.
(F) Regular farming activities on land intended for such use, except when these activities
involve practices which increase storm water runoff and exacerbate erosion and
sedimentation.
(G) Tilling, planting or harvesting of agricultural, horticultural, or forest crops that employ
soil conservations related to agriculture as follows: construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister
furrowing, contour cultivating, contour furrowing, and land drainage and land
irrigation which does not cause an increase in storm water runoff and does not
exacerbate erosion and sedimentation.
(H) Minor earth- disturbing activities such as home gardens and individual home
landscaping, repairs, service connections and maintenance work.
(I) Installation, maintenance or repair of any underground public utility lines when such
activity occurs on an existing hard surfaced road, street or sidewalk (provided the
earth - disturbing activity is confined to the area of the road, street or sidewalk that is
hard surfaced), and does not involve dewatering operations that produce sediment -laden
effluent discharging to surface -lands and /or surface - waters.
Page 12 of 31
Exhibit "A
(J) Septic tank lines or drainage fields unless included in an overall plan for earth -
disturbing activity relating to the construction of the building to be served by the septic
tank system.
(K) Repair or rebuilding of the tracks with -in the right -of -way of a railroad company.
(L) Stream Corridor Protection Zone. Stream corridor protection zones are not required if a
Preliminary Plan has already been approved for a site at the time this ordinance is passed.
(M) Historic Dublin. Development within this area, as defined in the Zoning Code, shall
be exempt from compliance with the City's storm water quantity regulations but shall
be held in compliance with the City's storm water quality regulations, described in §
53.090, if the construction activities disturb one (1) or more acres of total land.
§ 53.080 GENERAL REQUIREMENTS.
(A) A stormwater management system shall be designed and installed for the development
that will contain features to provide for flood protection, erosion control, and pollution
abatement. The stormwater management system design shall conform to the Stormwater
Design Standards contained in § 53.090 hereof, the Stormwater Master Plan and other
standards specified by the City Engineer. The intent of these design standards is to encourage
environmentally sound stormwater management practices; they should go beyond providing
drainage facilities. Developments that sacrifice recharge and upland controls in order to
maximize the number of lots will not be allowed. The city's stormwater management
perspective includes the management of both water quantity and water quality. Stormwater
management design shall blend into the natural environment and be aesthetically integrated into
site design.
(B) Streams and wetlands subject to protection under Section 404 of the Clean Water Act
shall be protected from the impacts of development. Setbacks from streams and wetlands shall
be established and regulated to protect structures from flooding and erosion as well as to
maintain water quality within the stream and wetland. The stormwater system design shall
ensure that the quantity and quality of stormwater flows directed to these stream and wetlands
are maintained as previous to development. Constructed wetlands (including bio- retention
basins) shall be considered subject to these requirements. Existing wetlands shall not be used
for stormwater management or stormwater runoff quality treatment.
(C) All development activity within a special flood hazard area designated by the Federal
Emergency Management Agency (FEMA) or any other area as designated by the City
Engineer shall comply with Chapter 151 of the Dublin Code of Ordinances. All development
shall be designed to maintain the flood carrying capacity of the floodway such that the base
flood elevations are not increased, either upstream or downstream. Furthermore, no fill shall
be allowed to be placed in the 100 -year floodplain without an equivalent volume of soil
removed to compensate for the loss of the flood storage as defined in §53.200 (G) of this
regulation.
(D) The stormwater management system shall not create an adverse impact on stormwater
quantity or quality in either upstream or downstream areas. Offsite areas which discharge to or
Page 13 of 31
Exhibit ,
across a site proposed for development shall be accommodated in the stormwater management
plans for the development. No stormwater management plan shall be approved until it is
demonstrated that the runoff from the project shall not overload or otherwise adversely impact
any downstream areas.
(E) All proposed stormwater management systems shall be designed to prevent the
pollution of groundwater resources by stormwater, promote safety, minimize health hazards,
preserve natural features, and provide for recharge where appropriate. Neither submission of a
plan under the provision herein nor compliance with the provisions of these regulations shall
relieve any person from responsibility for damage to any person or property otherwise imposed
by law.
(F) Where deemed necessary by the City Engineer, the applicant shall construct storm
drains to handle on -site runoff, provide on -site drainage easements; provide off -site drainage
easements; and provide for the conveyance of off -site runoff to an acceptable outlet in the same
watershed. However, the on -site drainage easements may not encroach on required perimeter
landscaping.
(G) Guidance on stream corridor protection zones (SCPZ) shall be referenced from §
53.200.
(H) Illicit discharges shall not be permitted. Any natural or man -made conveyance or
drainage system, pipeline, conduit, inlet, or outlet (including natural surface flow patterns,
depressions or channels traversing one or more properties) through which the discharge of any
pollutant (including illegal sanitary sewer connections) to the stormwater management system
shall not occur unless the connection is authorized under a discharge permit issued by the
OEPA.
§ 53.090 STORMWATER DESIGN STANDARDS.
(A) General. The City Engineer shall develop and maintain administrative policies and
manuals that define accepted design practices, procedures, and guidance materials that shall be
used to satisfy the City's stormwater regulations.
§ 53.100 DEDICATION OF EASEMENTS AND RIGHTS -OF -WAY.
(A) Drainage easements or rights -of -ways, as specified in the Stormwater Design
Standards, shall be conveyed by the applicant at no expense to the city for the stormwater
facilities within the development.
(B) When a proposed stormwater management system will carry water across private land
outside the development, the offsite drainage easements as specified in the Stormwater Design
Standards shall be secured by the owner or applicant.
Page 14 of 31
Exhibit '
(C) When a development is bifurcated by a stream, wetland or watercourse, the applicant
shall provide a drainage easement or right -of -way conforming substantially to the lines of such
watercourse or open channel, which shall be a minimum width, as specified in § 53.200.
(D) Easements and rights -of -way shall include suitable access as specified herein for
maintenance equipment from public rights -of -ways.
(E) All drainage easements, both on -site and offsite, shall be recorded on a final plat or a
separate recorded document approved by the city. Recording costs shall be the responsibility
of the Applicant. Recorded easements and rights -of -way documents shall be returned to the
City's Finance Department.
(F) Outfall ditches, channels, and detention/retention facilities shall have sufficient rights -
of -way and /or easements for the facility plus an unobstructed maintenance accessway on one or
both sides. Said rights -of -way and /or easements shall be contiguous to public right -of -way or
easement and shall allow for suitable access by maintenance equipment. Where the right -of-
way and /or easement is provided for access only, the minimum width shall be as follows:
Ditch or Channel
Top of Bank Width
Minimum Maintenance
Accessway Required
Less than 16 feet
20 feet on one side
16 feet to 32 feet
20 feet on both sides
32 feet to 55 feet
20 feet on one side and 30 feet on the
opposite side
Over 55 feet
30 feet on both sides
(G) Maintenance accessways shall be sloped no steeper than 1/4 -inch per foot. Ponds
shall have a sufficient right -of -way /easement to allow for installation plus an unobstructed
maintenance accessways all around the perimeter of the pond.
(H) A 20 -foot easement centered on a storm sewer shall be conveyed to the City when the
storm sewer is not located within dedicated rights -of -way. Easements shall be contiguous to
public rights -of -way and shall allow for suitable access by maintenance equipment.
(I) Overland flood routing paths shall be used to convey stormwater runoff from the
100 -year, 24 -hour storm event to an adequate receiving water body, stormwater system or
stormwater detention basin such that the runoff is contained within the drainage easement for
the flood routing path and does not cause flooding of residential or commercial buildings or
related structures. Flood routing paths shall be evaluated using the peak 100 year water surface
elevation such that it lies at least one foot below the finished floor elevation of adjoining
structures. When designing the flood routing paths, the conveyance capacity of the site's
storm sewers shall be taken into consideration.
§ 53.110 STORMWATER MANAGEMENT PLAN.
(A) A Stormwater Management Plan and Erosion and Sediment Control Plan shall be
submitted for review and approval by the City Engineer. Details regarding the contents of the
Page 15 of 31
Exhibit ,
documents will be created and maintained by the City Engineer in a manual or administrative
policy.
§ 53.120 STORMWATER MANAGEMENT PLAN APPLICATION.
(A) It is strongly recommended that the applicant and the project engineer meet with city
staff prior to generating detailed design calculations and construction drawings in order to
review and plan design requirements for a particular project. This application is not a separate
submittal from the stormwater management plan requirements outlined in Section 53.110.
(B) It is the responsibility of the applicant to include in the stormwater management plan
application sufficient information for the city to evaluate:
(1) The environmental and hydraulic characteristics of the affected areas;
(2) The potential and predicted impacts of the proposed activity on community
waters;
(3) The effectiveness and acceptability of those measures proposed by the applicant
for eliminating or reducing adverse impacts; and
(C) The stormwater management plan application shall contain:
(1) The name, address, and telephone number of the owner and applicant, and the
entity that will maintain the system;
(2) The maps, charts, graphs, tables, photographs, narrative descriptions,
explanations, and citations to support references, as appropriate to communicate the
information required by this chapter; and
(3) Construction plans and specifications for all components of the stormwater
management system shall be included in the stormwater management plan application, which
shall be prepared or directly supervised by, signed, and sealed by a professional engineer.
§ 53.130 ACCEPTANCE OF STORMWATER IMPROVEMENTS.
Subsequent to the applicant satisfying the requirements of the stormwater regulations and
other applicable ordinances, and the issuances of appropriate permits and /or approvals, the
applicant shall, during construction, arrange for and schedule the following inspections by the
city.
(A) During the clearing operation, excavation, after significant rainfall, and at other times
determined by the City Engineer, to assure that effective control practices relative to erosion
and sedimentation are being followed.
Page 16 of 31
Exhibit "A "
(B) All public underground conveyance and control structures prior to backfilling, and all
taps of private underground conveyance systems into public conveyance systems.
(C) Final inspection when all public systems required under the approved stormwater
management plan have been installed.
(D) The professional engineer for the project shall submit a signed and sealed set of as-
built plans, on electronic disk and reproducible mylar brand polyester film drawing sheets, to
certify the system has been constructed as designed and satisfies all conditions of the
stormwater management plan. Where changes have been made to the stormwater management
system which deviate from the approved construction plans, the Professional Engineer shall
submit supporting documentation with the as -built plans, which proves that the stormwater
system shall be in compliance with the stormwater regulations.
(E) Maintenance and compliance inspections of stormwater management systems shall be
conducted on a routine, periodic basis, as deemed appropriate by the city, or as complaints
arise concerning the system. By seeking and obtaining plan approval under the stormwater
regulations, the operator and owner shall be deemed to have consented to inspections by the
city and other appropriate regulatory agencies or departments upon presentation of proper
identification by the representative(s) of the agency(ies) conducting the inspections.
(F) Public improvements. Public stormwater conveyance and control systems may be
accepted for public use after the following minimum conditions have been met:
(1) The applicant shall provide to the City Engineer security according to § 152.045
of the Dublin Code of Ordinances;
(2) The applicant shall provide to the City Engineer as -built plans according to
§ 53.130(D) of the stormwater regulations; and
(3) The as -built plans have been reviewed and approved by the City Engineer.
(G) Private improvements. Private stormwater conveyance and control systems may be
approved for use after the following minimum conditions have been met:
(1) The applicant shall provide to the City Engineer as -built plans according to
§ 53.130(D) of the stormwater regulations; and
(2) The as -built plans have been reviewed and approved by the City Engineer. It shall
not be legal to use the property (as opposed to the structure) until the as -built plans have been
received and approved by the City Engineer and the stormwater improvements have been
completed as shown on the approved as -built plans.
§ 53.140 MAINTENANCE RESPONSIBILITY.
(A) The installed stormwater system shall be properly maintained and operated by the
legal entity responsible for maintenance in order to achieve compliance with the conditions
Page 17 of 31
Exhibit "A "
outlined in this ordinance. All stormwater management plan applications shall contain
documentation sufficient to demonstrate that the operation and maintenance entity is the legal
entity empowered and obligated to perpetually maintain the stormwater management facilities.
Details of this documentation, including maintenance responsibilities and agreements, shall be
included in the Notes section of development plans and where applicable on the final plats.
Final plats shall be recorded in Delaware, Franklin, or Union County at no expense to the City
and shall constitute a covenant running with the land and shall be binding on the legal entity
responsible for maintenance. Where final plats are not recorded, stormwater management plan
and development plan documentation regarding obligations to perpetually maintain stormwater
management facilities shall be maintained by the City Engineer. The city considers the
following entities acceptable to operate and maintain stormwater management facilities:
(1) Local governmental units, including the county, municipalities, or Municipal
Service Taxing Units.
(2) Non - profit corporations, including homeowners associations, property owners
associations or condominium owners associations, under certain conditions which ensure that
the corporation has the financial, legal, and administrative capability to provide for the long-
term operation and maintenance of the facilities.
(3) The property owner or developer is normally not acceptable as a responsible
entity, especially when the property is to be sold to various third parties. However, the
property owner or developer may be acceptable under one of the following circumstances
provided the maintenance requirements are described in a document that has been submitted to
the City;
(a) The property is wholly owned by said applicant and the ownership is
intended to be retained. This would apply to a farm, corporate office, or single industrial
facility, for example.
(b) The ownership of the property is retained by the applicant and is either leased
to third parties (such as in some shopping centers), or rented to third parties (such as in some
mobile home parks), for example.
(B) The stormwater management system shall be maintained by the legal entity. Public
improvements shall have adequate easements, in accordance with § 53.100 hereof, to permit
the city to inspect, and if necessary, to take corrective action should the legal entity fail to
maintain the system properly. The City maintains the right to assess costs of labor and
materials for such corrective action to the responsible party in accordance with usual and
customary costs in place at the time of action.
(C) Maintenance of stormwater facilities shall allow the stormwater management system
to perform as originally designed and permitted by the city and other appropriate governmental
agencies and as set forth in the written plan.
(D) Maintenance shall include compliance with city building and construction codes, and
all other applicable codes.
Page 18 of 31
Exhibit ,
§ 53.150 ENFORCEMENT.
Guidance on enforcement of this ordinance, including those responsibilities agreed to
under the maintenance agreements, shall be referenced in Section 153 of the Zoning Code. If
at any time the City Engineer determines that the project is not in accordance with the
approved plan, or if any project subject to the stormwater regulations is being carried out
without an approved plan, the City Engineer is authorized to:
(A) Give the legal entity written notice of the corrective action required to be taken.
Should the legal entity fail within 30 days of the date of the notice to complete such corrective
action, the City Engineer may enter upon the property, and take the necessary corrective action
and assess fees for such action to the violator. If fees are not paid by the violator at the time
the service is provided, the City has the right to pursue collection of fees through certification
to the County Auditor, remittance to a collection service, or any other appropriate pursuit for
payment.
(B) Take appropriate corrective action in the event of an emergency situation which
endangers persons or property, or both, as determined to exist by the City Engineer.
(C) Issue written notice to the applicant specifying the nature and location of the alleged
noncompliance, with a description of the remedial actions necessary to bring the project into
compliance within five working days.
(D) Issue a stop -work order directing the applicant or persons in possession to cease and
desist all or any portion of the work which violates the provisions of the stormwater
regulations if the remedial work is not completed within the specified time. The applicant shall
then bring the project into compliance.
§ 53.200 ESTABLISHMENT OF A STREAM CORRIDOR PROTECTION ZONE.
(A) Stream Corridor Protection Zones (SCPZs) are established as provided in this section.
(B) Streams addressed by this ordinance are those that meet the definition of "stream" in
Section 53.040 of these regulations.
(C) The SCPZ width shall be the width of the FEMA- designated 100 -year floodplain, or in
areas where a FEMA - designated 100 year floodplain has not been designated, a width defined by
the following according to the contributing drainage area:
MINIMUM SCPZ WIDTH
BY CONTRIBUTING DRAINAGE AREA OF STREAM
Contributing Drainage Area ac
SCPZ Width ft
<100
25
101 -250
38
Page 19 of 31
F-Thihit "A "
251 -500
50
501 -800
63
801 -1200
75
1201 -2000
88
>2000
100
In most instances the calculated stream corridor protection zone shall be placed at the
ordinary high water mark on each side of the channel and extend outward. This will result in a
total SCPZ width of two times the minimum SCPZ width (stated in the guidance table above)
plus the width of the stream. However, individual site conditions including, but not limited to,
topography and slope must be considered when determining the precise location of the stream
corridor protection zone and shall be left to the City's discretion.
(D) The width of the SCPZ may be extended to include slopes that are greater than 15 %
and begin at a point within the SCPZ. The maximum width of the SCPZ extension shall be to
the top of the slope or to a point up slope, as measured horizontally, where the width of the
SCPZ is doubled, whichever is less. Slope protection widths may be extended beyond these
limits at the City's discretion on a case -by -case basis.
(E) The following are exempt from the terms and protection of this ordinance: grassy
swales, drainage ditches created at the time of a subdivision to convey stormwater water to
another system, tile drainage systems, and stream culverts.
(F) The following shall apply to the SCPZ:
(1) The width of the SCPZ 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, SCPZs shall be preserved in their
natural state.
(3) The applicant shall be responsible for determining if jurisdictional wetlands have
been identified within any proposed development site. Where existing wetlands protected
under federal or state law are identified within the SCPZ, the SCPZ shall consist of the full
extent of the wetlands plus any additional setback distance mandated by state or federal permit.
(4) The applicant shall be responsible for delineating a rough layout of the SCPZ,
including any expansions or modifications as required by B through D of this section, and
identifying this setback on all preliminary subdivision or land development plans, and /or
building permit applications. Final development plans shall delineate the SCZP by a metes and
bounds survey. This final delineation shall be subject to review and approval by the City
Engineer or designee. As the result of this review, the Engineer or designee may require
further studies from the applicant.
(5) Prior to any earth - disturbing activity, the SCPZ shall be clearly delineated with
construction fencing or other suitable material by the applicant on site, and such delineation
shall be maintained throughout earth - disturbing activities. The delineated area shall be
Page 20 of 31
Exhibit ,
maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing
shall be removed when a development project is completed.
(6) If earth- disturbing activities will occur within 50 feet of the outer boundary of the
SCPZ, the SCPZ shall be clearly delineated by the applicant on site with construction fencing,
and such delineation shall be maintained throughout earth - disturbing activities.
(7) No approvals or permits shall be issued by the City Engineer or designee prior to
delineation of the SCPZ in conformance with these regulations.
(8) Upon completion of an approved subdivision, the SCPZ shall be permanently
recorded on the plat records for the City of Dublin.
(G) In order to preserve floodplain storage volumes and thereby avoid increases in water
surface elevations along FEMA regulated streams, filling within FEMA delineated 100 -year
floodplains may only occur outside of the floodway plus 20 feet- and must be compensated by
removing an equivalent volume of material. Compensating storage shall be determined by the
volume of material removed above the ordinary high water table and below the 100 -year flood
elevation established for that area. Compensating storage shall be provided within the legal
boundaries of the development. No stormwater management facilities required by the City
shall be permitted in the floodplain unless, at City's discretion, the applicant demonstrates that it
does not remove floodplain storage when operating at its design capacity. 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. 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.
(H) Degraded SCPZs shall be re- graded and re- vegetated such that riparian habitat is
recovered and the streambank stabilized in a manner suitable for the native site conditions.
(I) Stream Relocation
(1) Streams may be relocated if the applicant's design demonstrates, to the
satisfaction of the City, that the following criteria are met:
(a) Maintain or improve geomorphic stability.
(b) Maintain or improve flood storage capacity.
(c) Maintain or lower regulatory flood water surface elevations.
(d) Enhance aquatic and riparian habitats.
(e) Provide increased recreational opportunities.
(f) Produce zero or positive impacts on water and land resources.
(g) Minimize operations and maintenance requirements.
Page 21 of 31
Exhibit "A
(h) Maximize safety conditions.
(2) The project's design shall be performed by a qualified Professional Engineer
with experience in fluvial geomorphology.
(3) If floodplain boundaries change as a result of the relocation, the requirements of
Chapter 151:Flood Control become applicable.
(J) SCPZ's shall be clearly delineated on preliminary development plans, final plats, final
development plans final construction drawings, building permit site plans and stormwater
management plans. Final plats or applicable portions of the final development plan
documentation shall be recorded in Franklin, Delaware, or Union County at no expense to the
City and shall constitute a covenant running with the land.
§ 53.210 USES PERMITTED IN THE STREAM CORRIDOR PROTECTION ZONE.
(A) Open space uses that are passive in character shall be permitted in the SCPZ
including, but not limited to, those listed in 1 through 3 of this section. No use permitted under
these regulations shall be construed as allowing trespass on privately held lands. Alteration of
this natural area is strictly limited. Except as otherwise provided in these regulations, the SCPZ
shall be preserved in its natural state.
(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and
local laws, such as hiking, non - motorized bicycling, fishing, hunting, picnicking and similar
uses and associated structures including boardwalks, pathways constructed of pervious
material, picnic tables, playground equipment, athletic fields, and wildlife viewing areas.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be
removed. Because of the potential for felled logs and branches to damage downstream
properties and /or block ditches or otherwise exacerbate flooding, logs and branches resulting
from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall
be anchored to the shore or removed from the 100 -year floodplain.
(3) Re- vegetation and /or Reforestation. The re- vegetation and /or reforestation of the
SCPZ shall be allowed without approval of the City Engineer or designee.
(B) Projects involving public utilities, transportation infrastructure, stormwater management,
stream bank stabilization, or other projects where an environmental and public benefit is
provided (including excavation for providing compensatory floodplain volume immediately
adjacent to the channel) may be permitted within the SCPZ once the design has been approved
by the City Engineer and/or all other applicable review authorities.
(C) Disturbances within the SCPZ (including provision of compensatory floodplain storage
adjacent to the stream) as a result of a permitted use must be mitigated through re-
vegetation/reforestation.
Page 22 of 31
Exhibit ,
(D) Crossings of streams and SCPZs for roadways shall be minimized. Crossings shall be
approved at the discretion of the City Engineer if the applicant can demonstrate that alternative
roadway locations are infeasible and that disturbances within the SCPZ will be minimized and
mitigated.
§ 53.220 USES PROHIBITED IN THE STREAM CORRIDOR PROTECTION ZONE.
The following uses are specifically prohibited within the SCPZ:
(A) Construction. There shall be no structures of any kind, except as permitted under these
regulations.
(B) Dredging or Dumping. There shall be no drilling, filling, dredging, excavation, or
dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of
uncontaminated natural materials and except as permitted under this regulation.
(C) Roads or Driveways. There shall be no roads or driveways, except as permitted under
these regulations.
(D) Motorized Vehicles. There shall be no use of motorized vehicles of any kind, except as
permitted under these regulations.
(E) Disturbance of Natural Vegetation. There shall be no disturbance of natural vegetation
within the SCPZ except for the following:
(1) Maintenance of lawns, landscaping, shrubbery, or trees existing at the time of
passage of this regulation.
(2) Cultivation of lawns, landscaping, shrubbery, or trees in accordance with an
approved Landscaping Plan submitted in conformance with this regulation.
(3) Conservation measures designed to remove damaged or diseased trees or to
control noxious weeds or invasive species.
(F) Nothing in this section shall be construed as requiring a landowner to plant or undertake
any other activities in the SCPZ provided the landowner allows for natural succession.
(G) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no
parking spaces, parking lots, or loadinglunloading spaces.
(H) New surface and/or subsurface sewage disposal or treatment area. SCPZs shall not be
used for the disposal or treatment of sewage except for:
(1) Undeveloped parcels that have received site evaluation approval and / or permit
approval prior to the enactment of this ordinance.
(2) Dwellings served by disposal / treatment systems existing at the time of passage of
these regulations when such systems are properly sited (approved site evaluation) and
Page 23 of 31
Exhibit "A
permitted or in accordance with the Delaware, Franklin, or Union County Health Department
and / or the Ohio Environmental Protection Agency. Existing failing systems which are located
within the SCPZ can be upgraded with approval of the Franklin County Health Department
and / or the Ohio Environmental Protection Agency.
(I) Fences and Walls. There shall be no fences or walls.
(J) Agriculture. There shall be no agricultural activities.
(K) Industry/commercial business. There shall be no industrial or commercial businesses
operated.
(L) Ditching/diking. There shall be no ditching or diking of soil in order to convey water.
(M) Removal of topsoil, sand, gravel, rock, native ground cover /vegetation, oil or gas.
There shall be no removal of any of these substances nor any other change in topography other
than what is caused by natural forces (with the exception of permitted uses or as approved by the
City Engineer).
(N) Herbicides/ pesticides. There shall be no use of herbicides or pesticides except as
approved by the City Engineer.
§ 53.230 FACILITIES PROHIBITED IN THE STREAM CORRIDOR PROTECTION
ZONE.
The following facilities are prohibited within the SCPZ:
(A) Buildings /structures;
(B) Swimming pools;
(C) Signs;
(D) Billboards;
(E) Utility lines or pipes (with the exception of necessary public sanitary, water,
stormwater and public utility transmission lines as approved by the City);
(F) Electric lines (with the exception of transmission lines);
(G) Telecommunications lines (with the exception of transmission lines);
(H) Cable TV lines
(I) Stormwater management facilities; and
(J) Other improvements deemed unacceptable to the City.
Page 24 of 31
Exhibit "A
§ 53.240 NON - CONFORMING STRUCTURES OR USES IN THE STREAM
CORRIDOR PROTECTION ZONE.
(A) Non - conforming structures and uses within the SCPZ, existing at the time of passage of
these regulations, that are not permitted under these regulations may be continued but shall not
be expanded, changed or enlarged except as set forth in this title.
(B) If damaged, destroyed, terminated or abandoned, these structures or uses may be
repaired or restored within six months from the date of damage /destruction or the adoption of
these regulations, whichever is later, at the property owners own risk.
(C) A residential structure or use within the SCPZ existing at the time of passage of these
regulations may be expanded subject to the following provisions:
(1) The expansion conforms to existing zoning regulations.
(2) The expansion must not impact the stream channel or the floodway plus 20 feet
limit.
(3) The expansion must not exceed an area of 15 % of the footprint of the existing
structure (or use) that lies within the SCPZ. Expansions exceeding 15 % of the footprint within
the SCPZ must be obtained through the variance process.
(D) Non - residential structure (or use) expansions will be permitted only through the
variance process.
§ 53.250 INSPECTION OF STREAM CORRIDOR PROTECTION ZONE.
(A) The Stream Corridor Protection Zone shall be inspected by the City Engineer or
designee:
(1) When a preliminary subdivision plat or other land development plan is submitted
to the City of Dublin.
(2) When a building or zoning permit is requested.
(3) Prior to any earth- disturbing activity to inspect the delineation of the SCPZ as
required under these regulations.
(4) When evidence becomes available that the provisions of these regulations become
violated.
(B) Violations of these regulations will be handled as noted in Section 53.210 C.
§ 53.260 VARIANCES, WAIVERS AND EXEMPTIONS
Page 25 of 31
Exhibit "A
(A) Exemptions from this section shall be in accordance with Section 53.070 (E) and the
following:
(1) Application for variances, waivers or interpretations regarding where SCPZ's may
apply or SCPZ width shall be submitted to the City Engineer for examination and
adjudication. The applicant may be required to provide analytical data or other
scientific evidence to support variance requests.
(2) The City Engineer reserves the right to exempt some development areas from this
regulation provided that best engineering judgment is used to protect property
from flooding or erosion damage.
§ 53.270 APPEALS
(A) Appeals regarding prohibited uses and facilities, or rulings regarding modification of
non - conforming structures, within SCPZ's, may be made to the Board of Zoning
Appeals.
§ 53.300 EROSION AND SEDIMENT CONTROL REQUIREMENTS FOR
CONSTRUCTION SITES
(A) This regulation of the City of Dublin, shall apply to earth - disturbing activities within
the jurisdiction of the City of Dublin at the City Engineer's discretion, unless otherwise
excluded within this regulation under Section 53.070 or unless expressly excluded by
state law, including: land used or being developed for commercial, industrial,
residential, recreational, public service or other non -farm purposes.
(B) Earth disturbing activities associated with construction contribute to the pollution of
public waters through soil erosion and sedimentation. Other construction activities may
cause the discharge or deposition of construction materials and wastes into storm drains
and surface waters. Control programs designed to minimize these problems should
incorporate the planning, inspection, enforcement, and best management practices
defined in § 53.300 through § 53.399.
§ 53.310 GENERAL EROSION AND SEDIMENT CONTROL REQUIREMENTS.
(A)All development activity subject to these regulations shall be provided with erosion and
sediment control (ESC) practices during all phases of construction.
(B) No construction activity such as grading, cutting, or filling shall be commenced until
erosion and sedimentation control devices have been installed to the satisfaction of the
City Engineer.
(C) Stormwater discharges during the five -year design storm shall be released to natural
channels at a non - erosive velocity of less than three feet per second unless the channel
Page 26 of 31
Exhibit "A
is stabilized or otherwise able to withstand higher velocities, as determined by the City
Engineer.
(D) No person shall cause or allow earth- disturbing activities on a development area except
in compliance with the standards set out in this regulation and the applicable items
below:
(1) An erosion and sediment control plan shall be submitted as part of the
construction drawings submitted and approved prior to any earth - disturbing
activities on development areas, including those development areas being a part
of a larger common plan of development or sale. The person proposing such
earth- disturbing activities shall develop and submit for approval a plan, as part
of the final site improvement plans, containing erosion and sediment pollution
control practices so that compliance with other provisions of this regulation shall
be achieved during and after development. Such a plan shall address specific
requirements contained with this regulation.
(2) The erosion and sediment control plan must contain a description of the controls
appropriate for each construction operation covered by this regulation and the
operator(s) must implement such controls. The terms must 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). The erosion,
sediment, and storm water management practices used to satisfy the conditions
of this regulation shall meet the standards and specifications in the current
edition of Ohio's Rainwater and Land Development manual or other standards
acceptable to the City Engineer.
(3) Owners and /or operators of projects subject to OEPA's Permit No.:
OHC000003 (or the current version) for storm water discharges associated with
construction activities shall provide a copy of its OEPA notice of intent (NOI)
submission and storm water pollution prevention plan (SWP3) to the City
Engineer upon request.
(4) The standards outlined herein are general guidelines and shall not limit the right
of the City to impose additional, more stringent requirements, nor shall the
standards limit the right of the City to waive individual requirements.
§ 53.320 STANDARDS AND CRITERIA FOR EROSION AND SEDIMENT CONTROL
(A) The standards and criteria for ESC facilities will be contained in the same
administrative policies and manuals, developed and maintained by the City Engineer,
that define accepted design practices, procedures and guidance materials for stormwater
management systems.
Page 27 of 31
Exhibit "A
§ 53.330 SOIL EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS
(B) The ESC Plan for the site shall be an integral part of the site's stormwater management
plan. ESC Plan requirements and approval processes are defined in §53.110.
§ 53.340 EROSION AND SEDIMENT CONTROL COMPLIANCE RESPONSIBILITY
(A) Responsibility.
(1) ESC Plan approval does not constitute assurance that the proposed BMPs will
perform in the manner indicated by the design. The responsibility of the proper
functioning operation and maintenance of the BMPs remains with the owner.
The owner shall be responsible for providing any additional means or methods
necessary to meet the intent of these regulations.
(2) It shall be the responsibility of the site owner to provide notification to the City
48 -hours prior to commencement of initial site earth - disturbance. In addition,
the site owner shall provide notification to the City, at least 48 -hours prior to
any work within or across a stream channel or SCPZ. Furthermore, within 45-
days after Site Final Stabilization has been achieved, it shall be the
responsibility of the site owner to inform the City Engineer that site activities
are complete.
(B) Performance Liability. No provision of this standard shall limit, increase or otherwise
affect the liabilities of the developer nor impose any liability upon the City not
otherwise imposed by law.
(C) Ownership and Maintenance. The person(s) or entity responsible for the continued
maintenance of temporary and permanent erosion control measures shall, prior to any
earth - disturbance, be identified to the satisfaction of the City. This party, both during
and after site development, shall be responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control
plan and required by this standard,
(2) Promptly removing all soil, miscellaneous debris and other materials that may
become spilled, dumped or otherwise deposited on any public thoroughfares
during transport to and from the development site, and taking precautions to
inhibit the deposition of sediment into any sewer system or natural watercourse.
(3) In addition, the developer shall assume responsibility and all costs for removing
any sedimentation deposited in downstream drainage ways or facilities deemed
objectionable by the City to the proper functioning of these downstream areas.
(4) The applicant shall provide a description of maintenance procedures needed to
ensure the continued performance of control practices and shall ensure the
Page 28 of 31
Exhibit "A "
responsible party has adequate funding to conduct maintenance activities as
deemed necessary.
(5) All temporary and permanent erosion and sediment control practices shall be
designed and constructed to minimize maintenance requirements. They shall be
maintained and repaired as needed to assure continued performance of their
intended function. All sediment control practices shall be maintained in a
functional condition until all up slope areas they control reach final stabilization.
Final stabilization shall be determined by the City Engineer.
(D) Inspection and Enforcement.
(1) General Inspection Requirements:
(a) The City Engineer may inspect all site development activities, including
erosion and sediment control devices and facilities while a development
site, when subject to this regulation, is under construction. At a
minimum this will be monthly and within 24 hours after any storm event
greater than one -half inch of rain per 24 hour period. When facilities are
not constructed according to approved plans, the City Engineer has the
explicit authority to compel compliance with the approved plan and the
objectives and standards of this regulation.
(b) A copy of the approved erosion and sediment control plan shall be
maintained on site, or in a location easily accessible by the applicant and
the City's inspector.
(2) Final Inspection: Prior to final inspection, the developer's engineer shall
provide the site grading plan documenting the intended site final grades.
(3) General Inspection Procedures:
(a) Erosion and sediment control practices for construction sites shall be
inspected periodically by the City to ensure they are being properly
maintained and, if not, the City may compel the owners to make the
necessary repairs at the expense of the owner. When inspections reveal
the need for repair, replacement, or installation of erosion and sediment
control BMPs, the following procedures shall be followed:
(b) When practices require repair or maintenance: If an internal inspection
reveals that a control practice is in need of repair or maintenance, with
the exception of a sediment - settling pond, it must be repaired or
maintained within three (3) days of the inspection. Sediment settling
ponds must be repaired or maintained within ten (10) days of the
inspection.
(c) When practices fail to provide their intended function: If an internal
inspection reveals that a control practice fails to perform its intended
Page 29 of 31
Exhibit "A
function as detailed in the ESC plan and that another, more appropriate
control practice is required, the plan must be amended and the new
control practice must be installed within ten (10) days of the inspection.
(d) When practices depicted on the ESC plan are not installed: In an
internal inspection reveals that a control practice has not been
implemented in accordance with the schedule, the control practice must
be implemented with 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.
(4) Internal Inspections:
(a) At a minimum, all controls on the site shall be inspected at least once
every seven calendar days and within 24 hours after any storm event
greater than one -half inch of rain per 24 hour period. The owner shall
assign qualified inspection personnel (those with knowledge and
experience in the installation and maintenance of sediment and erosion
controls) to conduct these inspections to ensure that the control practices
are functional and to evaluate whether the ESC Plan is adequate and
properly implemented in accordance with the proposed permit schedule
or whether additional control measures are required. The qualified
inspection personnel shall inspect the following:
(b) Disturbed areas used for storage of materials exposed to precipitation
shall be inspected for evidence of or the potential for pollutants entering
the drainage system.
(c) Erosion and sediment control measures identified in the approved erosion
and sediment control plan shall be observed to ensure proper operation.
(d) 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.
(e) Locations where vehicles enter or exit the site shall be inspected for
evidence of off -site vehicle tracking.
(5) Inspection Reports: Inspectors shall prepare written reports after every
inspection. The inspection report shall describe:
(a) The date and location of the site inspection
(b) Whether or not the approved plan has been properly implemented and
maintained.
Page 30 of 31
Exhibit "A "
(c) Any practice deficiencies or erosion and sediment control plan
deficiencies; and the agreed upon type(s) of corrective action necessary
to rectify any identified deficiencies.
(d) If a violation exists, the City will decide upon the type of enforcement
action taken.
(e) The site manager shall sign and receive a copy of the report before the
inspector leaves the site.
(6) Enforcement. The City Engineer agency shall notify the on -site personnel or the
owner /developer when deficiencies are observed, describing the nature of the
deficiency, the agreed upon corrective action, and the time period in which to
have the deficiency corrected. If after a reasonable amount of time for voluntary
compliance, the corrective actions are not undertaken to the satisfaction of the
City, the City may issue a Notice of Violation pursuant to Dublin City codes
Section 153 and proceed with other enforcement remedies as provided by this
and other applicable provisions of the Dublin City Codes. Where the violations
and /or deficiencies represent an immediate and substantial threat to the public
health, safety or welfare, the City may immediately proceed with enforcement
remedies as provided by Dublin City Codes Section 153 and other applicable
provisions of the Dublin City Codes.
(E) Record Keeping. The applicant 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 erosion and sediment control plan, a certification stating whether
the facility is in compliance with the ESC plan, and information on any incidents of
non - compliance determined by these inspections.
§ 53.999 PENALTY.
(A) Whoever violates any provisions of this chapter is guilty of an unclassified
misdemeanor with a maximum fine of $2,500 and/or six months in jail with each day of
violation as a separate offense.
Page 31 of 31
Exhibit "A
CHAPTER 53: STORMWATER MANAGEMENT AND STREAM PROTECTION
Section
53.010 Purpose
53.020 Short title
53.030 Jurisdiction
53.040 Definitions IIII
53.050 Authority
53.060 Required approvals
53.070 Exemptions I
tions III
P 111 ►I►
II i ►►
53.080 General requirements II CI I ►I ►I ► ►{
53.090 Stormwater design standards e�IIsIIIIIhI I ►I ►I►
53.100 Dedication of easements and rights -of -way ► ►I ► ► ►I
53.110 Stormwater management plan IflI1111,, ►III ►I►
53.120 Stormwater management plan application (�►� I ► ► ►I ►I
53.130 Acceptance of stormwater improvements IIII ► ► ► ► ►I��i�
II
53.140 Maintenance responsibility I ►I I� III
53.150 Enforcement
53.200 Establishment of a stream corridor protection zone (SCPZ)
53.210 Uses permitted in the stream corridor protection zone
53.220 Uses p�oNbited in the stream corridor protection zone
53.230 Facilities prohibited in the stream corridor protection zone
53.240 Non- confotmuig structures or uses the stream corridor protection zone
53.250 Inspection of stream corridor protection zone
53.260 Variances, Waivers or Exemptions
53.270 Appeals I!!,, 11111he, I
53.300 Erosion and sediment control requirements for construction sites
53.310 General rem — erosion and sediment control requirements
53.320 Standards and criteria for erosion and sediment control
53.330 Soil erosion and sediment control plan requirements
53.340 Erosion and sediment control compliance responsibility
53.999 Penalty
§ 53.010 PURPOSE.
(A) A chapter regulating stormwater from areas of new development and redevelopment
for the purpose of protecting the public health, safety, and welfare; defining appropriate
stormwater 4 es control measures for the quantity and quality of stormwater
runoff in the city; providing for waivers; providing requirements for the protection of water
resources; imposing application fees and procedures; requiring adherence to the plans
approved by the City Engineer; providing for maintenance; and providing for enforcement and
penalties for violation.
Page 1 of 31
Exhibit "A
(B) In order to protect, maintain, and enhance both the immediate and the long -term
health, safety, and general welfare of the citizens of Dublin, it is the intent of the city to enact
this chapter so as to accomplish the following objectives:
(1) To prevent loss of life and loss of property due to flooding;
(2) To protect, restore, and maintain the chemical, physical, and biological quality of
ground and surface waters;
(3) To encourage productive and enjoyable harmony between humanity and nature
thus enhancing the scenic beauty and environment of the City;
(4) To prevent individuals, business entities, and governmental entities from causing
I I t
harm to the community by activities which adversel affect water resources;
5) To encourage the protection of natural systems, including groundwater and the
use of those natural systems in ways which do not impair their beneficial functioning;
(6) To assist in stabilizing the banks of streams to reduce bank erosion and the
downstream transport of sediments eroded from watercourse banks;
(7) To provide areas for natural meandering and lateral movement of stream
channels;
,�lI�LIII�I II�a�IIIl� °.
(8) To minimize the transport of sediments and pollutants to surface water and
groundwater; I
(9) To provide high quality stream habitats with shade and food to a wide array of
wildlife by maintaining diverse and connected riparian vegetation;
(10) To provide economical ' benefits to the city by minimizing encroachment on stream
channels and reducing the need for costly engineering solutions such as dams and riprap;
(11) To protect structures and reduce property damage and threats to the safety of
watershed residents; ' dIIIII�I�I����
(12)To add to the quality of life of the residents of the City of Dublin and
corresponding property values;
(13)To ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management plans for all activities which may have an adverse
impact upon groundwater and surface water.
§ 53.020 SHORT TITLE.
This chapter shall be known and cited as the Stormwater Management and Stream
Protection chapter, hereinafter referred to as the stormwater regulations.
Page 2 of 31
Exhibit "A "
§ 53.030 JURISDICTION.
The stormwater regulations shall apply in all areas within the development jurisdiction of
the city.
§ 53.040 DEFINITIONS.
For the purpose of the stormwater regulations, the following terms, phrases, and
definitions shall apply. Words used in the singular shall include the plural, and the plural, the
singular. Words used in the present tense shall include the, future tense. The word SHALL is
mandatory and not discretionary. The word MAY is permissive. Words not defined herein shall
be construed to have the meaning given by common and ordinary use as defined by the latest
edition of Webster's Dictionary.
AGRICULTURE. The art or science of cultivating the ground, including the harvesting
of crops, and the rearing and management of live stock; farming.
APPLICANT. Any person or duly designated representative applying for a permit or
other type of city, federal, or state regulatory approval to proceed with a project.
'Ifllll1, `° 1 11011111ie,
AS -BUILT PLANS. The final plans amended to include all locations, dimensions,
elevations, capacities, c,.- ab�lities, as actually constructed and installed.
s
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibition of
practices, maintenance procedures, and other management practices (both structural and non-
structural) to prevent or reduce the pollution of waters. BMP's also include treatment
requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw material storage.
BLUE -LINE STREAM. Those streams shown on USGS 7.5' Quad maps with solid or
dashed blue lines.
CLEARING. The removal of trees, brush, and other ground cover from a part of the
land, but shall not include mowing.
COMPENSATING STORAGE. Equivalent floodplain storage provided to counterbalance
floodplain filling.
CONSERVATION. The wise use and management of natural resources.
CONSTRUCTION. The erection, alteration, repair, renovation, demolition or removal of
any building or structure; and the clearing, stripping, excavating, filling, grading, and
regulation of sites with connection therewith.
Page 3 of 31
Exhibit ,
CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to
construction sites regulated under this regulation which reduce the mud, dust and dirt tracked
out of the site.
DAMAGED OR DISEASED TREES. Trees that have split trunk, 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 stream or onto a structure.
DENUDE. The act of stripping, scraping, and /or scalping a site of vegetation, thus
exposing bare soil.
DETENTION or TO DETAIN. The retardance of, r to retard or slow, the discharge,
directly or indirectly, of a given volume of stormwater runoff into surface waters in a facility
that does not contain a permanent or normal pool of water.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership,
corporation, trust, or any other legal entity commencing proceedings under these regulations to
effect the development of land for himself or for another.
41111111011,'
DEVELOPMENT AREA. Any contiguous (abutting) area owned by one or more
person(s) or developed as a single phase or multiple phases (units) and used or being developed
or redeveloped, for non -farm commercial, industrial, residential, or other non -farm purposes
upon which earth - disturbing activities are planned or underway.
I
DEVELOPMENT or DEVELOPMENT ACTIVITY. The alteration, construction,
installation, demolition or removal of a structure, impervious surface or drainage facility; or
clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or
adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping,
piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site. Fw
the purposes of this - tr. it r: d ev elopment gr
y u FFJ [.V u FF�' K...T eater than o ne ( nnr VZV o of
any size of rlieyelri art of a jarger continuous development if it in p e-1-
FF' ..Tar.•. VV rLIVgfxF F4 FF Fs
DISCHARGE. The outflow of water from a project, site, aquifer, drainage basin or
facility.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative
cover and /or other earth disturbing activities.
DITCH. A constructed channel for irrigation or stormwater conveyance.
DRAINAGE. The removal of excess surface water or groundwater from land by surface
or subsurface drains.
DRAINAGE AREA. The area of land contributing surface water to a specific point.
Page 4 of 31
Exhibit ,
DUMPING. Grading, pushing, pilling, throwing, unloading, or placing of fill material,
composed of earth, soil, rock, sand, gravel, or demolition material.
EARTH - DISTURBING ACTIVITY. Any grading, excavating, filling, or other alteration
of the earth's surface where natural or man -made ground cover is destroyed and which may
result in or contribute to erosion and sediment pollution.
EASEMENT. A grant by a property owner for the use of a specified portion of land for a
specified purpose.
EROSION.•
(A) The wearing away of the land surface by running water, wind, ice or other geological
agents, including such processes as gravitational creep.
(B) Detachment and movement of soil or rock fragments by wind, water, ice or gravity.
f it
(C) Erosion includes:
(1) Accelerated Erosion: erosion much more rapid than normal, natural or geologic
erosion, primarily as a result of the influence of the activities of man.
(2) Floodplain Erosion: abrading and wearing away of the nearly level land
situated on either side of a channel due to overflow flooding.
.��liilifl!!ill�UilllilPfilwl.
(3) Gully Erosion: a type of erosion caused y concentrated runoff that removes
soil such that channels are formed and /or become considerably deeper than what
would otherwise result by normal smoothing or tilling operations.
, `11]!!!!!!!!!!111, ., 1111 1!!I 99 1!!!1Ih,. I !R!lll�I
IIII (4) Natural (Geological) Erosion: the wearing away of the earth's surface by water,
III ice or other natural agents under natural environmental conditions of clime,
,11Ih vegetation, etc., undisturbed by man.
(5) Normal Erosion: I the gradual erosion of land used by humans which does not
greatly exceed natural erosion.
(6) Rill Erosion: an erosion process in which numerous small channels only
several inches deep are formed; occurs mainly on recently disturbed soils.
(D) Sheet Erosion: the removal of a fairly uniform layer of soil from the land surface by
wind or runoff water.
(E) Stream Erosion: erosion of the bank or bottom due to the high velocity of flow within
the stream.
EROSION AND SEDIMENT CONTROL. Physical, mineral, procedural, and organic
measures to minimize the removal of soil from the land surface and to prevent its transport
Page 5 of 31
Exhibit , A"
from a disturbed area by means of wind, water, ice, gravity, or any combination of those
forces.
EXEMPTION. Those activities that are not subject to the requirements contained in this
regulation.
EXTENDED DRY DETENTION. A drainage facility designed to capture the water
quality volume, release 50 percent of it in no less than 16 hours, and the remainder in no less
than 32 hours (for a total of 48 hours).
FINAL STABILIZATION. Establishment of a uniform perennial vegetative cover with a
density of at least 70% of the cover for the disturbed area, or equivalent stabilization measures
(such as the use of mulches or geotextiles) employed a ;,r all earth disturbing activities have
been completed.
FINSISHED GRADE. The final grade or elevation of the ground surface conforming to
the approved site grading plan.
FOREBAYS. Areas located at detention basin inlets that are designed to trap coarse
sediment particles by separating approximately ten percent of the extended det basin
volume from the remainder of the basin with a lateral sill, rock - filled gabions, a retaining wall,
or horizontal rock filters.
GRADING. The stripping, cutting, killing, stockpiling, or any combination thereof of
earth disturbing activities, including land in its cut or filled conditions.
GRUBBING. Any activity which removes or significantly disturbs the root matter within
the ground.
GROUNDWATER. Water below the surface of the ground whether or not flowing
through known or defined channels.
HYDROGRAPH. A graph of discharge versus time for a selected point in the drainage
system.
MAINTENANCE. The action taken to restore or preserve the as -built functional design
of any facility or system.
NATURAL SUCCESSION. A gradual and continuous replacement of one kind of plant
and animal group by a more complex group. The plants and animals present in the initial group
modify the environment through their life activities thereby making it unfavorable for
themselves. They are gradually replaced by a different group of plants and animals better
adapted to the new environment.
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.
Page 6 of 31
Exhibit ,
100 -YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base
flood, which is the flood that has a one percent or greater chance of being equaled or exceeded
in any given year. For the purposes of these regulations, the 100 -year floodplain shall be
defined and approved by the City Engineer of Dublin or designee.
OPEN CHANNEL. A ditch, channel, swale, or other open conveyance that is not a
stream and is used to safely convey stormwater runoff.
ORDINARY HIGH WATER MARK: The point on the bank or shore to which the
presence and action of surface water is so continuous as to leave a distinctive mark by erosion,
destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other
easily recognized characteristic. The ordinary high water mark defines the channel of a stream.
OUTDOOR ACTIVITY AREAS. Areas where poll : tants are or may become more
concentrated than typical urban runoff as characterized by the USEPA National Urban Runoff
Program (NURP), as listed below or otherwise defined by the City Engineer:
(1) Industrial material, waste handling, and storage areas, including but not limited to
loading docks, fuel and other liquid storage /dispensing facilities, material bins, containers,
stockpiles, and other storage containers, waste dumpsters, bins, cans, tanks, stockpiles, and
other waste containers.
'�119lfi;`'�III!!I {III ".
(2) Processing, manufacturing, fabrication, cleaning, or other permanent outdoor
equipment or work areas. '�llfp�Il' °rll� �II
(3) Areas where vehicles and equipment are repaired, maintained, stored,
disassembled, rinsed, cleaned or disposed.
OWNER. 1 he person in whom is vested the fee, ownership, dominion, or title of
property (i.e., the proprietor). (Phis term may also include a tenant, if chargeable under his
lease for the maintenance of the property, and any agent of the owner or tenant including a
developer.
PARCEL or PARCEL OF LAND. A contiguous quantity of land in possession or owned
by, or recorded as property of the same claimant person as of the effective date of the
stormwater regulations.
11111!1 ",dllllll1P:
PERMITTEE. Any person who has been granted a permit to proceed with a project.
PERSON. Any individual, firm, corporation, governmental agency, business trust, estate,
trust, partnership, association, two or more persons having a joint or common business
interest, or any other legal entity.
POLLUTION. Any contamination or alteration of the physical, chemical, or biological
properties of any waters that will render the waters harmful or detrimental to: public health,
safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.
Page 7 of 31
Exhibit "A ,,
POST - DEVELOPMENT. The average conditions as of the completion of the
development for which a permit has been applied.
PRE - DEVELOPMENT. The hydrologic and hydraulic condition of the project site
immediately before development or construction begins.
PROFESSIONAL ENGINEER. A professional engineer licensed by the State of Ohio,
skilled in the practice of civil engineering and the engineer of record for the project under
consideration.
PROHIBITED DISCHARGES. Any discharges which are not composed entirely of
stormwater unless authorized under a discharge permit issued by the OEPA.
RECHARGE. The inflow of water into an aquifer.
RETENTION or TO RETAIN. The prevention of, or to prevent, the discharge, directly
or indirectly, of a given volume of stormwater runoff into surface waters in a facility that has a
permanent or normal pool of water. I I
RIPARIAN AREA. A transitional area between flowing water and land covered by
terrestrial vegetation that provides a continuous exchange of nutrients and woody debris
between land and water. This area is at least periodically influenced by flooding. Riparian
areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood
size flows and/ or filter and settle out runoff pollutants, or perform other functions consistent
with the purposes of these regulations. II�j��iilllli !
SEDIMENT. Solid material, both mineral and organic, that is or was in suspension, is
being or has been transported, or has been moved from its site of origin by air, water, gravity,
or ice, and has come to rest on the earth's surface either above or below water.
SEDIMENT BASIN. Sedimentation control devices such as ponds or traps that are
designed to collect concentrated runoff from disturbed areas, settle and retain sediment in the
runoff, and discharge the runoff water to a'stabilized channel or pipe.
SEDIMENTATION CONTROL DEVICE. An structure or area which i
Any s designed to
hold runoff water until suspended sediments have settled.
SINKHOLE. A depression characterized by closed contours on a topographic map.
SITE. Any lot or parcel, or a series of lots or parcels of land adjoining or contiguous or
joined together under one ownership where clearing, stripping, grading or excavating is
performed.
STABILIZATION. The use of BMPs, such as seeding and mulching, that reduce or
prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
STORM EVENT. The storm of a specific duration, intensity, and frequency.
Page 8 of 31
Exhibit "A
STORMWATER or RUNOFF. Refers to the flow of water which results from, and which
occurs during and immediately following a rainfall event.
STORMWATER CONTROL MEASURES. Can also be known as BMPs but here it is used
to describe the allowable methodologies for handling stormwater qua and quali control
as outlined in our stormwater design manual.
STORMWATER FACILITY. Any natural or constructed component of the stormwater
management system.
STORMWATER MANAGEMENT PLAN. Refers to the approved detailed analysis,
design, and drawings of the stormwater management system, including erosion and sediment
controls and other management practices and stormwater control rt;easures for construction
activities, required for all construction. I ��flll�illl� >' "�I�IIIh�
STORMWATER MANAGEMENT SYSTEM. ' All natural and constructed stormwater
control measures � �i'� — used for the conveyance, cleaning and storage of stormwater
through and from a drainage area, including, but not limited to, any and all of the following:
channels, ditches, swales, flumes, culverts, streets, streams, watercourses, waterbodies,
wetlands detention/retention facilities, and treatment devices.
STORMWATER MASTER PLAN. The technical and policy manuals and any subsequent
updates or amendments thereto used by the City Engineer to administer the stormwater
regulations.
. , ,���Ililll�l��l�l�il�lllh►,�,. �� _ III.
STORMWATER QUALITY. Any liquid, solid, or semi -solid substance, or combination
thereof, that enters stormwater runoff in concentrations or quantities large enough to contribute
to the degradation of the beneficial uses of the body of water receiving the discharge.
STORMWATER QUALITY TREATMENT. The removal of pollutants from urban runoff
and improvement of water quality, accomplished largely by deposition and utilizing the
benefits of natural processes.
STREAM. A channel having a well - defined bed and bank, either natural or artificial which
confines and conducts continuous or periodic flowing water in such a way that terrestrial
vegetation cannot establish roots within the streambed. Includes intermittent, ephemeral and
perennial streams and streams identified by USGS or NRCS maps.
STREAM CORRIDOR PROTECTION ZONE (SCPZ). The area set back along a stream
to protect the riparian area and stream from impacts of development, and streamside residents
from impacts of flooding and land loss through erosion. SCPZs are those lands within the City
of Dublin that fall within the area defined by the criteria set forth in these regulations.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface
cover.
STRUCTURE. Anything constructed or installed with a fixed location on the ground, or
attached to something having a fixed location on the ground.
Page 9 of 31
Exhibit "A
SUBGRADE. The top elevation of graded and compacted earth underlying roadway
pavement.
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.
SWALE. An artificial or natural waterway which may contain contiguous areas of
standing or flowing water only following a rainfall event, or is planted with or has stabilized
vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake, or is
designed to take into account the soil erodibility, soil percolation, slope, slope length, and
contributing area so as to prevent erosion and reduce the pollutant concentration of any
discharge. Also see definitions for Open Channel and Ditch
TAILWATER. The water into which a spillway a y or outfall discharges.
TEMPORARY SOIL EROSION AND SEDIMENT CONTROL MEASURES. Interim
control measures installed or constructed to control soil erosion until permanent soil erosion
control measures are established.
`'l ll{91llflll��''
TERRESTRIAL VEGETATION. I Upland vegetation and facultative upland vegetation, as
defined in the National Wetland Plant List. '''lll��(���I "",�����
±i (4►1, 1 111111111t Iii1p
TOPSOIL. Surface and upper surface soils which presumably are darker colored, fertile
soil materials, ordina�ily rich in organic matte or humus debris.
WAIVER. A permit of conditional exemption from the regulation in part or in whole, as
specified by :die approving agent, in a foripal written statement. A waiver from the regulation
shall not be assumed to be in effect, without the expressed written statement from the City.
WATERBODY or RECEIVI�G WATERS. Any natural or artificial pond, lake,
reservoir, or other area which ordinarily or intermittently contains water and which has a
discernible shoreline and into which surface waters flow.
WATERCOURSE. An natural or artificial waterway (including, not limited to
Y Y ( g� ,
streams, rivers, creeks, drainadeways, waterways, gullies, ravines, or washes) in which waters
flow in a definite direction or course, either continuously or intermittently; and including any
area adjacent thereto which is subject to inundation by reason of overflow of flood water.
WETLANDS. Those areas that are inundated or saturated by surface or groundwater with
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.
Wetlands generally include swamps, marshes, bogs, and similar areas.
WORKS. All artificial structures, including, but not limited to, canals, ditches, swales,
conduits, channels, culverts, pipes, and other construction that connects to, draws water from,
drains water into, or is placed in or across the waters in the state.
Page 10 of 31
Exhibit "A
§ 53.050 AUTHORITY.
The City Engineer is hereby authorized to administer the stormwater regulations. The City
Engineer shall maintain and update this Stormwater Management and Stream Protection
Ordinance and recommend to City Council for adoption modifications in this Stormwater
Management and Stream Protection Ordinance. The City Engineer shall also develop and
maintain a Stormwater Master Plan, administrative procedures, detailed design studies or
procedures to reflect new construction (including building additions), and /or engineering
design technology necessary to administer this Ordinance.
§ 53.060 REQUIRED APPROVALS. III
Q :� III 11�i1�t.
{s� III
VIII
(A) The requirements of the stormwater regulations shall be implemented, and shall be
satisfied completely, prior to final project approval by the City Engineer. No person shall
conduct any development activity, or subdivide or make any change in the use of land, or
construct any stormwater management system or structure, or change the size of an existing
structure or system, except as may be exempted in § 53.070 hereof.
(B) Any construction plans, specifications, building permits, or other documents approved
by the City Engineer shall be constructed in accordance with all applicable state or federal
permit requirements of the Ohio Environmental Protection Agency (OEPA), Ohio Department
of Natural Resources (ODNR) and /or U.S. Army Corps of Engineers. No construction activity
shall commence prior to obtaining applicable permits from these agencies.
4411offli, ,vial uuu4`
§ 53.070 EXEMPTIONS:' [ 111I1111I1III1I [ialaail1[1(l(1111111ha , �I�IIIII�I
11111,,
With the approval of the City Engineer, the following activities may be exempted from on -site
stormwater runoff control. An exemption shall apply only to the requirement for on -site
stormwater detention or retention facilities. All other design elements such as the storm sewer
system, road culverts, erosion and sedimentation control, and runoff quality unless_ otherwise
exem ted shall not be exempted.
(A) Emergency exemption. Emergency maintenance work performed for the protection of
public health and welfare, however, if the earth- disturbing activity would have required
an approved erosion and sediment control plan, if the activity were not an emergency,
then the land area disturbed shall be shaped and stabilized in accordance with the
requirements of the City.
(B) Maintenance exemption. Any maintenance to an existing system made in accordance
with plans and specifications approved by the City Engineer.
(C) Development - related exemptions. The applicant shall provide to the City Engineer in
writing a request for exemption which shall include a scaled site map, property tax
number, and street address if applicable.
Page 11 of 31
Exhibit "A
(1) Single - family or duplex exemption. Single - family or duplex residential
construction on a single lot that is not part of a larger common plan of
development.
(2) Any construction which adds less than 5892, square feet through expansion
of a building, structure or pavement which results in new impervious area on a
project site.
(3) It is conceivable that development situations not automatically subject to
exemption may exist such that development will have none of the harmful
effects of sediment deposition. Such development situations, subject to City
concurrence, are eligible for a waiver frog this regulation. Waiver Requests
shall be made in writing to the City Engineer and shall include sufficient detail
to support that granting a wavier will not be detrimental to abutting properties or
to watercourses, public waters, or to the sewer System.
Scioto River Corridor Exemption. Parcels that are located between State Route 745
(Dublin Road) and State Route 257 (Riverside Drive) which are directly tributary to the
Scioto River
1l A� tara t he current
a 2 1 . ifl.
has
District. The applicant needs to review Table 2 1 2_ i in-4the current
version of the Citv's Stbrmw Management Design Manual to determine the
(E)f�.)F Regular farming activities on land intended for such use, except when these
activities involve practices which increase storm water runoff and exacerbate erosion
and sedimentation.
(FXG) Tilling, planting or harvesting of agricultural, horticultural, or forest crops that
employ soil conservations related to agriculture as follows: construction of terraces,
terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, and land drainage and land
irrigation which does not cause an increase in storm water runoff and does not
exacerbate erosion and sedimentation.
(G )(Hl . Minor earth- disturbing activities such as home gardens and individual home
landscaping, repairs, service connections and maintenance work.
( lIl Installation, maintenance or repair of any underground public utility lines when
such activity occurs on an existing hard surfaced road, street or sidewalk (provided the
earth - disturbing activity is confined to the area of the road, street or sidewalk that is
Page 12 of 31
Exhibit ,
hard surfaced), and does not involve dewatering operations that produce sediment -laden
effluent discharging to surface -lands and /or surface - waters.
(I)U)Septic tank lines or drainage fields unless included in an overall plan for earth -
disturbing activity relating to the construction of the building to be served by the septic
tank system.
J _-Repair or rebuilding of the tracks with -in the right -of -way of a railroad company.
(K4JLL Stream Corridor Protection Zone. Stream corridor protection zones are not
required if a Preliminary Plan has already been approved for a site at the time this
ordinance is passed.
(L) Historic Dublin. Development within this area, as defined in the Zoning Code,
shall be exempt from compliance with the City's storm water quantity regulations but
shall be held in compliance with the City's storm water quality regulations, described in
§ 53.090, if the construction activities disturb one (1) or more acres of total land.
§ 53.080 GENERAL REQUIREMENTS. IIIil4 �Ill�illi��. d(Il��l��l� `bill {I �Ifl��ll��,.
(A) A stormwater management system shall be designed and installed for the development
that will contain features to provide for flood protection, erosion control, and pollution
abatement. The stormwater management system design shall conform to the Stormwater
Design Standards contained in § 53.090 hereof, the Stormwater Master Plan and other
standards specified by, the City Engineer. The intent of these design standards is to encourage
environmentally sound stormwater management practices; they should go beyond providing
drainage facilities. Developments that sacrifice recharge and upland controls in order to
maximize the number of lots will not be allowed. The city's stormwater management
perspective includes the management of both water quantity and water quality. Stormwater
management design shall blend into the natural environment and be aesthetically integrated into
site design.
(B) Streams and wetlands subject to protection under Section 404 of the Clean Water Act
shall be protected from the impacts of development. Setbacks from streams and wetlands shall
be established and regulated to protect structures from flooding and erosion as well as to
maintain water quality within the stream and wetland. The stormwater system design shall
ensure that the quantity and quality of stormwater flows directed to these stream and wetlands
are maintained as previous to development. Constructed wetlands (including bio- retention
basins) shall be considered subject to these requirements. Existing wetlands shall not be used
for stormwater management or stormwater runoff quality treatment.
(C) All development activity within a special flood hazard area designated by the Federal
Emergency Management Agency (FEMA) or any other area as designated by the City
Engineer shall comply with Chapter 151 of the Dublin Code of Ordinances. All development
shall be designed to maintain the flood carrying capacity of the floodway such that the base
flood elevations are not increased, either upstream or downstream. Furthermore, no fill shall
be allowed to be placed in the 100 -year floodplain without an equivalent volume of soil
Page 13 of 31
Exhibit ,
removed to compensate for the loss of the flood storage as defined in §53.200 (G) of this
regulation.
(D) The stormwater management system shall not create an adverse impact on stormwater
quantity or quality in either upstream or downstream areas. Offsite areas which discharge to or
across a site proposed for development shall be accommodated in the stormwater management
plans for the development. No stormwater management plan shall be approved until it is
demonstrated that the runoff from the project shall not overload or otherwise adversely impact
any downstream areas.
(E) All proposed stormwater management systems shall be designed to prevent the
pollution of groundwater resources by stormwater, promote safety, minimiz health hazards,
preserve natural features, and provide for recharge where appropriate. Neither submission of a
plan under the provision herein nor compliance with the provisions of these regulations shall
relieve any person from responsibility for damage to any person or property otherwise imposed
by law.
(F) Where deemed necessary by the City Engineer, the applicant shall construct storm
drains to handle on -site runoff, provide on -site drainage easements; provide off -site drainage
easements; and provide for the conveyance of off -site runoff to an acceptable outlet in the same
watershed. However, the on -site drainage I easements may not encroach on required perimeter
landscaping. IiI II IIhII�I III � IIIII III�I�IIIIe�� , ��91iilE
(G) Guidance on
{{ stream corridor protection zones (SCPZ) shall be referenced from §
53.200. ��Illiu��o�llllll ������ ��Iliugi�l��� '+1i;,
Ilii�����l���►IIIIi
(H) Illicit discharges shall not be permitted. Any natural or man -made conveyance or
drainage system, pipeline, conduit, inlet, or outlet (including natural surface flow patterns,
depressions or channels traversing one or more properties) through which the discharge of any
pollutant (including illegal sanitary sewer connections) to the stormwater management system
shall not occur unless the connection is authorized under a discharge permit issued by the
OEPA. e, IIIII �� II ;, a�� Il �� i � I`I41
III�II,� I���li►.
§ 53.090 STORMWATER DESIGN STANDARDS.
(A) General. The City Engineer shall develop and maintain administrative policies and
manuals that define accepted design practices, procedures, and guidance materials that shall be
used to satisfy the City's stormwater regulations.
§ 53.100 DEDICATION OF EASEMENTS AND RIGHTS -OF -WAY.
(A) Drainage easements or rights -of -ways, as specified in the Stormwater Design
Standards, shall be conveyed by the applicant at no expense to the city for the stormwater
facilities within the development.
Page 14 of 31
Exhibit ,
(B) When a proposed stormwater management system will carry water across private land
outside the development, the offsite drainage easements as specified in the Stormwater Design
Standards shall be secured by the owner or applicant.
(C) When a development is bifurcated by a stream, wetland or watercourse, the applicant
shall provide a drainage easement or right -of -way conforming substantially to the lines of such
watercourse or open channel, which shall be a minimum width, as specified in § 53.200.
(D) Easements and rights -of -way shall include suitable access as specified herein for
maintenance equipment from public rights -of -ways.
(E) All drainage easements, both on -site and offsite, shall be recorded on a final plat or a
separate recorded document approved by the city. Recording costs shall be the responsibility
of the Applicant. Recorded easements and rights -of -way documents shall be returned to the
City's Finance Department.
(F) Outfall ditches, channels, and detention/retention facilities shall have sufficient rights -
of -way and /or easements for the facility plus an unobstructed maintenance accessway on one or
both sides. Said rights -of -way and /or easements shall be contiguous to public right -of -way or
easement and shall allow for suitable access by maintenance equipment. Where the right -of-
way and /or easement is provided for access only, the minimum width shall be as follows:
Ditch or Channel
Top of Bank Width
Minimum Maintenance
Accesswa Re uired
Less than 16 feet
20 feet on one side
16 feet to 32 feet
20 feet on both sides
32 feet to 55 feet
20 feet on one side and 30 feet on the
opposite side
Over 55 feet
30 feet on both sides
(G) Maintenance accessways shall be sloped no steeper than 1/4 -inch per foot. Ponds
shall have a sufficient right -of -way /easement to allow for installation plus an unobstructed
maintenance accessways all around the perimeter of the pond.
(H) A 20 -foot easement centered on a storm sewer shall be conveyed to the City when the
storm sewer is not located within dedicated rights -of -way. Easements shall be contiguous to
public rights -of -way and shall allow for suitable access by maintenance equipment.
(I) Overland flood routing paths shall be used to convey stormwater runoff from the
100 -year, 24 -hour storm event to an adequate receiving water body, stormwater system or
stormwater detention basin such that the runoff is contained within the drainage easement for
the flood routing path and does not cause flooding of residential or commercial buildings or
related structures. Flood routing paths shall be evaluated using the peak 100 year water surface
elevation such that it lies at least one foot below the finished floor elevation of adjoining
structures. When designing the flood routing paths, the conveyance capacity of the site's
storm sewers shall be taken into consideration.
Penalty, ree R 53
Page 15 of 31
Exhibit "A
§ 53.110 STORMWATER MANAGEMENT PLAN.
(A) A Stormwater Management Plan and Erosion and Sediment Control Plan shall be
submitted for review and approval by the City Engineer. Details regarding the contents of the
documents will be created and maintained by the City Engineer in a manual or administrative
policy.
§ 53.120 STORMWATER MANAGEMENT PLAN APPLICATION.
(A) It is strongly recommended that the applicant and the project engineer meet with city
staff prior to generating detailed design calculations and construction drawings in order to
review and plan design requirements for a particular project. This application is not a separate
submittal from the stormwater management plan requirements outlined in Section 53.110.
(B) It is the responsibility of the applicant to include in the stormwater management plan
application sufficient information for the city to evaluate:
(1) The environmental and hydraulic characteristics of the affected areas;
(2) The potential and predicted impacts of the proposed activity on community
waters; 'I �����Il�I�, +ill � ifllll ll�l����Ili +�,, 1'IYI'I �IfMIIllli;
(3) The effectiveness and acceptability of those measures proposed by the applicant
for eliminating or reducing adverse impacts; and
(C) The stormwater management plan appli ation shall contain:
�iilfllll +' '�gflllli9il+�<< ' +YNYYfY�
(1) The name, address, and telephone number of the owner and applicant, and the
entity that will maintain the system;
(2) The maps, charts, graphs, tables, photographs, narrative descriptions,
explanations, �and citations to support references, as appropriate to communicate the
information required by this chapter; and
(3) Construction plans and specifications for all components of the stormwater
management system shall lie included in the stormwater management plan application, which
shall be prepared or directly supervised by, signed, and sealed by a professional engineer.
§ 53.130 ACCEPTANCE OF STORMWATER IMPROVEMENTS.
Subsequent to the applicant satisfying the requirements of the stormwater regulations and
other applicable ordinances, and the issuances of appropriate permits and /or approvals, the
applicant shall, during construction, arrange for and schedule the following inspections by the
city.
Page 16 of 31
Exhibit ,
(A) During the clearing operation, excavation, after significant rainfall, and at other times
determined by the City Engineer, to assure that effective control practices relative to erosion
and sedimentation are being followed.
(B) All public underground conveyance and control structures prior to backfilling, and all
taps of private underground conveyance systems into public conveyance systems.
(C) Final inspection when all public systems required under the approved stormwater
management plan have been installed.
(D) The professional engineer for the project shall submit a signed and sealed set of as-
built plans, on electronic disk and reproducible mylar brand polyester film drawing sheets, to
certify the system has been constructed as designed land satisfies all conditions of the
stormwater management plan. Where changes have been ode to the stormwater management
system which deviate from the approved construction plans, the Professional Engineer shall
submit supporting documentation with the as -built plans, which proves that the stormwater
system shall be in compliance with the stormwater regulations.
(E) Maintenance and compliance inspections of stormwater management systems shall be
conducted on a routine, periodic basis, as deemed appropriate by the city, or as complaints
arise concerning the system. By seeking and obtaining plan approval under the stormwater
regulations, the operator and owner shall be deemed to have consented to inspections by the
city and other appropriate regulatory agencies or departments upon presentation of proper
identification by the representative(s) of the agenc(ies) conducting the inspections.
(F) Public improvements. Public stormwater conveyance and control systems may be
accepted for public use after the following minimum conditions have been met:
(1) The applicant shall provide to the City Engineer security according to § 152.045
of the Dublin Code of Ordinances;
(2) The applicant shall provide to the City Engineer as -built plans according to
§ 53.130(D) of the stormwater regulations; and
(3) The as -built plans have been reviewed and approved by the City Engineer.
(G) Private improvements. Private stormwater conveyance and control systems may be
approved for use after the following minimum conditions have been met:
(1) The applicant shall provide to the City Engineer as -built plans according to
§ 53.130(D) of the stormwater regulations; and
(2) The as -built plans have been reviewed and approved by the City Engineer. It shall
not be legal to use the property (as opposed to the structure) until the as -built plans have been
received and approved by the City Engineer and the stormwater improvements have been
completed as shown on the approved as -built plans.
Page 17 of 31
Exhibit ,
§ 53.140 MAINTENANCE RESPONSIBILITY.
(A) The installed stormwater system shall be properly maintained and operated by the
legal entity responsible for maintenance in order to achieve compliance with the conditions
outlined in this ordinance. All stormwater management plan applications shall contain
documentation sufficient to demonstrate that the operation and maintenance entity is the legal
entity empowered and obligated to perpetually maintain the stormwater management facilities.
Details of this documentation, including maintenance responsibilities and agreements, shall be
included in the Notes section of development plans and where applicable on the final plats.
Final plats shall be recorded in Delaware, Franklin, or Union County at no expense to the City
and shall constitute a covenant running with the land and shall be binding on the legal entity
responsible for maintenance. Where final plats are not recorded, stormwater management plan
and development plan documentation regarding obligations to perpetually maintain stormwater
management facilities shall be maintained by the City Engineer. The city considers the
following entities acceptable to operate and maintain stormwater management facilities:
(1) Local governmental units, including the county, municipalities, or Municipal
Service Taxing Units.
(2) Non - profit corporations, including homeowners associations, property owners
associations or condominium owners associations, under certain conditions which ensure that
the corporation has the financial, legal, and administrative capability to provide for the long-
term operation and maintenance of the facilities. I
'�fllil6 ;I �� I I�IlIlllhle�,
(3) The property owner or developer is normally not acceptable as a responsible
entity, especially when the property is to be sold to various third parties. However, the
property owner or developer may be acceptable under one of the following circumstances
rp ovid the maintenance re uirements are described in a document th has be submitted to
the Cit +i�(IIIIIIPIIl1lil�lls���l `lil������ I�I''' 'Id�llll�,
I� I :
Ilhli!�s. �I��II��, (LI►iil!��
(a) The property is wholly owned by said applicant and the ownership is
intended to be retained. This wouldl ipply to a farm, corporate office, or single industrial
facility, for example.
(b) The ownership of the property is retained by the applicant and is either leased
to third parties (such as in some shopping centers), or rented to third parties (such as in some
mobile home parks), for example.
(B) The stormwater management system shall be maintained by the legal entity. Public
improvements shall have adequate easements, in accordance with § 53.100 hereof, to permit
the city to inspect, and if necessary, to take corrective action should the legal entity fail to
maintain the system properly. The City maintains the right to assess costs of labor and
materials for such corrective action to the responsible party in accordance with usual and
customary costs in place at the time of action.
(C) Maintenance of stormwater facilities shall allow the stormwater management system
to perform as originally designed and permitted by the city and other appropriate governmental
agencies and as set forth in the written plan.
Page 18 of 31
Exhibit "A"
(D) Maintenance shall include compliance with city building and construction codes, and
all other applicable codes.
§ 53.150 ENFORCEMENT.
Guidance on enforcement of this ordinance, including those responsibilities agreed to
under the maintenance agreements, shall be referenced in Section 153 of the Zoning Code. If
at any time the City Engineer determines that the project is not in accordance with the
approved plan, or if any project subject to the stormwater regulations is being carried out
without an approved plan, the City Engineer is authorized to:
(A) Give the legal entity written notice of the corrective action required to be taken.
Should the legal entity fail within 30 days of the date of the notice to complete such corrective
action, the City Engineer may enter upon the p operty, and take the necessary corrective action
and assess fees for such action to the violator. If fees are not paid by the violator at the time
the service is provided, the City has the right to pursue collection of fees through certification
to the County Auditor, remittance to a collection service, or any other appropriate pursuit for
payment.
'r111111110H111'`
(B) Take appropriate corrective action in the event of an emergency situation which
endangers persons or property, or both, as determined to exist by the City Engineer.
"'Iiglllllllr�a
(C) Issue written notice to the applicant specifying the nature and location of the alleged
noncompliance, with a description of the remedial actions necessary to bring the project into
compliance within five working days.
(D) Issue a stop -work order directing the applicant or persons in possession to cease and
desist all or any portion of the work which violates the provisions of the stormwater
regulations if the remedial work is not completed within the specified time. The applicant shall
then bring the project into compliance.
§ 53.200 ESTABLISHMENT OF A STREAM CORRIDOR PROTECTION ZONE.
(A) Stream Corridor Protection Zones (SCPZs) are established as provided in this section.
(B) Streams addressed by this ordinance are those that meet the definition of "stream" in
Section 53.040 of these regulations.
(C) The SCPZ width shall be the width of the FEMA - designated 100 -year floo way plus 20
t lain, or in areas where a FEMA - designated 100 year flood- 1p ain - has not been
designated, a width defined by the following according to the contributing drainage area:
MINIMUM SCPZ WIDTH
Page 19 of 31
F.rhihit "A"
BY CONTRIBUTING DRAINAGE
AREA OF STREAM
Contributing Drainage Area ac
SCPZ Width ft
<100
25
101 -250
38
251 -500
50
501 -800
63
801 - 1200
75
1201 -2000
88
>2000
100
In most instances the calculated stream corridor protection zone shall be placed at the
ordinary high water mark on each side of the channel and extend outward. This will result in a
total SCPZ width of two times the minimum SCPZ width (stated in the guidance table above)
plus the width of the stream. However, individual site condi 6ns including, but not limited to,
topography and slope must be considered when determining the precise location of the stream
corridor protection zone and shall be left to the City's discretion.
(D) The width of the SCPZ may be extended to include slopes that are greater than 15 %
P
and begin at a point within the SCPZ. The maximum width of the SCPZ extension shall be to
the top of the slope or to a point up slope, as measured horizontally, where the width of the
SCPZ is doubled, whichever is less. Slope protection widths may be extended beyond these
limits at the City's discretion on a case! byi case basis. '1
1111 ilillii ��,i
(E) The following are exempt from Ithe terms `and protection of this ordinance: grassy
swales, drainage ditches created at the time of a subd ' ision to convey stormwater water to
another system, tile drainage systems, and stream culverts.
Iii i i
(F) The following shall apply to the SCPZ: f �l►h,
(1) The width of the SCPZ shall be measured in a horizontal direction outward from
the ordinary high water mark of each designated watercourse.
1
(2) Except as otherwise provided in this regulation, SCPZs shall be preserved in their
natural state. [1
(3) The appl�c�nt shall be responsible for determining if jurisdictional wetlands have
been identified within Zany proposed development site. Where existing wetlands protected
under federal or state law are identified within the SCPZ, the SCPZ shall consist of the full
extent of the wetlands plus any additional setback distance mandated by state or federal permit.
(4) The applicant shall be responsible for delineating a rough layout of the SCPZ,
including any expansions or modifications as required by B through D of this section, and
identifying this setback on all preliminary subdivision or land development plans, and /or
building permit applications. Final development plans shall delineate the SCZP by a metes and
bounds survey. This final delineation shall be subject to review and approval by the City
Engineer or designee. As the result of this review, the Engineer or designee may require
further studies from the applicant.
Page 20 of 31
Exhibit "A"
(5) Prior to any earth- disturbing activity, the SCPZ shall be clearly delineated with
construction fencing or other suitable material by the applicant on site, and such delineation
shall be maintained throughout earth - disturbing activities. The delineated area shall be
maintained in an undisturbed state unless otherwise permitted by these regulations. All fencing
shall be removed when a development project is completed.
(6) If earth - disturbing activities will occur within 50 feet of the outer boundary of the
SCPZ, the SCPZ shall be clearly delineated by the applicant on site with construction fencing,
and such delineation shall be maintained throughout earth - disturbing activities.
(7) No approvals or permits shall be issued by the City Engineer or designee prior to
delineation of the SCPZ in conformance with these regulations.
(8) Upon completion of an approved subdivision, the SCPZ shall be permanently
recorded on the plat records for the City of Dublin.
(G) In order to preserve floodplain storage volumes and thereby lavoid increases in water
surface elevations along FEMA regulated streams, filling within FEMA delineated 100 -year
floodplains may only occur outside of the floodway plus 20 feet and must be compensated by
removing an equivalent volume of material. Compensating storage shall be determined by the
volume of material removed above the ordinary high water table and below the 100 -year flood
elevation established for that area. Compensating storage shall be provided within the legal
boundaries of the development. No stormwater management facilities required by the City
shall be permitted in the floodplain unless, at City's discretion, thel applicant demonstrates that it
does not remove floodplain storage when operating at its design capacity. 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. 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.
(H) Degraded SCPZs shall be re.-,graded and re- vegetated such that riparian habitat is
recovered and the streambank stabilized in a manner suitable for the native site conditions.
(I) Stream Relocation
(1) Streams may I be relocated if the applicant's design demonstrates, to the
satisfaction of the City, that the following criteria are met:
(a) Maintain or improve geomorphic stability.
(b) Maintain or improve flood storage capacity.
(c) Maintain or lower regulatory flood water surface elevations.
(d) Enhance aquatic and riparian habitats.
(e) Provide increased recreational opportunities.
Page 21 of 31
Exhibit ,
(f) Produce zero or positive impacts on water and land resources.
(g) Minimize operations and maintenance requirements.
(h) Maximize safety conditions.
(2) The project's design shall be performed by a qualified Professional Engineer
with experience in fluvial geomorphology.
(3) If floodplain boundaries change as a result of the relocation, the requirements of
Chapter 151:Flood Control become applicable.
(J) SCPZ's shall be clearly delineated on preliminary development plans, final plats, final
development plans final construction drawings, buildin�k permit site plans and stormwater
management plans. Final plats or applicable portions of the final development plan
documentation shall be recorded in Franklin, Delaware, or Union County at no expense to the
City and shall constitute a covenant running with the land.
§ 53.210 USES PERMITTED IN THE STREAM CORRIDOR PROTECTION ZONE.
(A) Open space uses that are pa4sive in character shall be permitted in the SCPZ
including, but not limited to, those listed in 1 through 3 of this section. No use permitted under
these regulations shall be construed as allowing trespass on privately held lands. Alteration of
this natural area is strictly limited. Except as otherwise provided in these regulations, the SCPZ
shall be preserved in its natural state.
(1) Recreational Activity. Passive recreational uses, as permitted by federal, state, and
local laws, such as hiking, n motorized bicycling, fishing, hunting, picnicking and similar
uses and associated structures including boardwalks, pathways constructed of pervious
materiall picnic tables, playground equipment, athletic fields, and wildlife viewing areas.
(2) Removal of Damaged or Diseased Trees. Damaged or diseased trees may be
removed. Because of the potential for felled logs and branches to damage downstream
properties and /or block ditches or otherwise exacerbate flooding, logs and branches resulting
from the removal of damaged or diseased trees that are greater than 6 inches in diameter, shall
be anchored to the shoe or re oved from the 100 -year floodplain.
(3) Re- vegetation and /or Reforestation. The re- vegetation and /or reforestation of the
SCPZ shall be allowed without approval of the City Engineer or designee.
(B) Projects involving public utilities, transportation infrastructure, stormwater management,
stream bank stabilization, or other projects where an environmental and public benefit is
provided (including excavation for providing compensatory floodplain volume immediately
adjacent to the channel) may be permitted within the SCPZ once the design has been approved
by the City Engineer and /or all other applicable review authorities.
Page 22 of 31
Exhibit ,
(C) Disturbances within the SCPZ (including provision of compensatory floodplain storage
adjacent to the stream) as a result of a permitted use must be mitigated through re-
vegetation/reforestation.
(D) Crossings of streams and SCPZs for roadways shall be minimized. Crossings shall be
approved at the discretion of the City Engineer if the applicant can demonstrate that alternative
roadway locations are infeasible and that disturbances within the SCPZ will be minimized and
mitigated.
§ 53.220 USES PROHIBITED IN THE STREAM CORRIDOR PROTECTION ZONE.
The following uses are specifically prohibited within the SCPZ:
i
(A) Construction. There shall be no structures of anY kind except as permitted under these
regulations. 11imil
(B) Dredging or Dumping. There shall be no drilling, filling," dredging, excavation, or
dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of
uncontaminated natural materials and except as permitted under this regulation.
(C) Roads or Driveways. There sh all be no roads or driveways, except as permitted under
these regulations. `ililli , ,, f,,l;�i+i���(�i�l� II t 3 � i►� .
(D) Motorized Vehicles. There shall be no use of motorized vehicles of any kind, except as
permitted under these regulations. Illlfh� E�lfll!lilE� +�Iliplli�i:,,.
(E) Disturbance of N tural Vegetation. There shall be no disturbance of natural vegetation
within the SCPZ except �fdr the follo II ' g: I g
(1) Maintenance of lawns, landscaping shrubbery, or trees existing at the time of
passage of this regulation.
(2) Cultivation of lawns, l andscaping, shrubbery, or trees in accordance with an
approved Landscaping Plan submitted in conformance with this regulation.
(3) Conseiation measures designed to remove damaged or diseased trees or to
control noxious weeds or invasive species.
(F) Nothing in this section shall be construed as requiring a landowner to plant or undertake
any other activities in the SCPZ provided the landowner allows for natural succession.
(G) Parking Spaces or Lots and Loading/Unloading Spaces for Vehicles. There shall be no
parking spaces, parking lots, or loading/unloading spaces.
(H) New surface and/or subsurface sewage disposal or treatment area. SCPZs shall not be
used for the disposal or treatment of sewage except for:
Page 23 of 31
Exhibit ,
(1) Undeveloped parcels that have received site evaluation approval and / or permit
approval prior to the enactment of this ordinance.
(2) Dwellings served by disposal / treatment systems existing at the time of passage of
these regulations when such systems are properly sited (approved site evaluation) and
permitted or in accordance with the Delaware, Franklin, or Union County Health Department
and / or the Ohio Environmental Protection Agency. Existing failing systems which are located
within the SCPZ can be upgraded with approval of the Franklin County Health Department
and / or the Ohio Environmental Protection Agency.
(I) Fences and Walls. There shall be no fences or walls.
(J) Agriculture. There shall be no agricultural activities. Ei
=,illl191lllii1 ,
(K) Industry/commercial business. There shall be no industrial or commercial businesses
operated. ;;iilillliliiiillii,,
(L) Ditching/diking. There shall be no ditching or diking of soil in order to convey water.
(M) Removal of topsoil, sand, gravel, rock, native ground cover /vegetation, oil or gas.
There shall be no removal of any of these substances nor any other change in topography other
than what is caused by natural forces (with the exception of permitted uses or as approved by the
City Engineer).
(N) Herbicides/ pestidi�des.
approved by the City Engineer.
§ 53.230 FACILITIES
ZONE. iilllf)!Ii iillillln,.
IN THE STREAM CORRIDOR PROTECTION
The following facilities are prohibited within the SCPZ:
(A) Buildings structures;L��
(B) Swimming pools; !
�{li{Idi4. itli
(C) Sim;
(D) Billboards;
(E) Utility lines or pipes (with the exception of necessary public sanitary, water,
stormwater and public utility transmission lines as approved by the City);
(F) Electric lines (with the exception of transmission lines);
(G) Telecommunications lines (with the exception of transmission lines);
(H) Cable TV lines
There shall be no use of herbicides or pesticides except as
Page 24 of 31
Exhibit "A
(1) Stormwater management facilities; and
(J) Other improvements deemed unacceptable to the City.
§ 53.240 NON - CONFORMING STRUCTURES OR USES IN THE STREAM
CORRIDOR PROTECTION ZONE.
(A) Non - conforming structures and uses within the SCPZ, existing at the time of passage of
these regulations, that are not permitted under these regulations may be continued but shall not
be expanded, changed or enlarged except as set forth in this title.
(B) If damaged, destroyed, terminated or abandoned, these structures or uses may be
repaired or restored within six months from the date of damage /destruction or the adoption of
these regulations, whichever is later, at the property owners own risk.
(C) A residential structure or use within the SCPZ existing at the time of passage of these
regulations may be expanded subject to the following provisions:
The expansion
(1 ) conforms to existing zoning regulations. I+
(2) The expansion must not impact the stream channel or the floodway plus 20 feet
limit.
'oMIiI1i �Ilillllwa��i�,.. ��IIIIosi,
(3) The expansion must Inot excel ai� area of 15 % of the footprint of the existing
structure (or use) that lies within the SCPZ. Expansions exceeding 15 % of the footprint within
the SCPZ must be obtained through the variance p., ocess.
(D) Ton- residential structure (or use) expansions will be permitted only through the
variance process.
il�w����� hl� ►►s,.
§ 53.250 INSPECTION OF STREAM CORRIDOR PROTECTION ZONE.
(A) The Stream Corridor Protection Zone shall be inspected by the City Engineer or
designee:
(1) When a preliminary subdivision plat or other land development plan is submitted
to the City of Dublin.
(2) When a building or zoning permit is requested.
(3) Prior to any earth - disturbing activity to inspect the delineation of the SCPZ as
required under these regulations.
(4) When evidence becomes available that the provisions of these regulations become
violated.
Page 25 of 31
Exhibit ,
(B) Violations of these regulations will be handled as noted in Section 53.210 C.
§ 53.260 VARIANCES, WAIVERS AND EXEMPTIONS
L \J Exemptions from this section shall be in accordance with Section 53.070 (E) and the
following:
(1) Application for variances, waivers or interpretations regarding where SCPZ's may
apply or SCPZ width shall be submitted to the City Engineer for examination and
adjudication. The applicant may be required to provide analytical data or other
scientific evidence to support variance requests.
(2) The City Engineer reserves the right to exempt some development areas from this
regulation provided that best engineering Judgemen t iudgment is used to protect
property from flooding or erosion damage.
§ 53.270 APPEALS�������'
(A) Appeals regarding prohibited uses and facilities, or rulings regarding modification of
non - conforming structures, within SCPZ's, may be made to the Board of Zoning
Appeals. rI��I�II�II����IIII
§ 53.300 EROSION AND SEDIMENT CONTROL REQUIREMENTS FOR
CONSTRUCTION SITES �I���I III iII I II�II�� �iilli�i�ll
'111111
(A) This regulation of the City of Dublin, -hall apply to earth- disturbing activities within
the jurisdiction of the City of Dublin at the City Engineer's discretion, unless otherwise
excluded within this regulation under Section 53.070 or unless expressly excluded by
sate law, including: land used or being developed for commercial, industrial,
residential, recreational, public service or other non -farm purposes.
(B) Earth disturbing activities associated with construction contribute to the pollution of
public waters through soil erosion and sedimentation. Other construction activities may
cause the discharge or deposition of construction materials and wastes into storm drains
and surface waters. Control programs designed to minimize these problems should
incorporate the planning, inspection, enforcement, and best management practices
defined in § 53.300 through § 53.399.
§ 53.310 GENERAL EROSION AND SEDIMENT CONTROL REQUIREMENTS.
(A) All development activity subject to these regulations shall be provided with erosion and
sediment control (ESC) practices during all phases of construction.
(B) No construction activity such as grading, cutting, or filling shall be commenced until
erosion and sedimentation control devices have been installed to the satisfaction of the
City Engineer.
Page 26 of 31
Exhibit ,
(C) Stormwater discharges during the five -year design storm shall be released to natural
channels at a non - erosive velocity of less than three feet per second unless the channel
is stabilized or otherwise able to withstand higher velocities, as determined by the City
Engineer.
(D) No person shall cause or allow earth- disturbing activities on a development area except
in compliance with the standards set out in this regulation and the applicable items
below:
(1) An erosion and sediment control plan shall be submitted as part of the
St^Y.,, water Management Plan construction drawings s ubmitted and approved
prior to any earth - disturbing activities on development areas, including those
development areas being a part of a larger common plan of development or sale.
The person proposing such earth - disturbing activities shall develop and submit
for approval a plan, as part of the final site improvement plans, containing
erosion and sediment pollution control practices so that compliance with other
provisions of this regulation shall be achieved during and after development.
Such a plan shall address specific requirements contained with this regulation.
'�IIllllli.
(2) The erosion and sediment control plan must contain a description of the controls
appropriate for each construction operation covered by this regulation and the
operator(s) must implement such controls. The terms must 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). The erosion,
I�� �IIII sediment, and storm I water management practices used to satisfy the conditions
of this regulation shall meet the standards and specifications in the current
I III edition of Ohio's Rainwater and Land Development manual or other standards
I111I ,,acceptable to the City Engineer.
III�
(3) Owners and /or operators of projects subject to OEPA's Permit No.:
OHC00000?3 +or the current version,) for storm water discharges associated
with construction activities shall provide a copy of its OEPA notice of intent
(NOI) submission and storm water pollution prevention plan (SWP3) to the City
Engineer upan request.
(4) The standards outlined herein are general guidelines and shall not limit the right
of the City to impose additional, more stringent requirements, nor shall the
standards limit the right of the City to waive individual requirements.
§ 53.320 STANDARDS AND CRITERIA FOR EROSION AND SEDIMENT CONTROL
(A) The standards and criteria for ESC facilities will be contained in the same
administrative policies and manuals, developed and maintained by the City Engineer,
Page 27 of 31
Exhibit ,
that define accepted design practices, procedures and guidance materials for stormwater
management systems.
§ 53.330 SOIL EROSION AND SEDIMENT CONTROL PLAN REQUIREMENTS
(B) The ESC Plan for the site shall be an integral part of the site's stormwater management
plan. ESC Plan requirements and approval processes are defined in §53.110.
§ 53.340 EROSION AND SEDIMENT CONTROL COMPLIANCE RESPONSIBILITY
(A) Responsibility.
(1) ESC Plan approval does not constitute assurance that the proposed BMPs will
perform in the manner indicated by the design. The responsibility of the proper
functioning operation and maintenance of the BMPs remains with the owner.
The owner shall be responsible for providing any additional means or methods
necessary to meet the intent of these regulations.
(2) It shall be the responsi ility of the site owner to rovide notification to the City
tY
48 -hours prior to commence�nt of initial site earth- disturbance. In addition,
the site owner shall provide A to the City, at least 48 -hours prior to
any work within or across a stream channel or SCPZ. Furthermore, within 45-
days after Site I Final Stablizat'on (had been achieved, it shall be the
responsibility of e site owner to inform the City Engineer that site activities
are complete.
(B) Per Liability. No provision of this standard shall limit, increase or otherwise
affect the liabilities of the developer nor impose any liability upon the City not
I
therwise imposed by law. j
(C) Ownership and Mainternce. 'The person(s) or entity responsible for the continued
maintenance of temporary and permanent erosion control measures shall, prior to any
earth - disturbance, be identified to the satisfaction of the City. This party, both during
and after site de "velopmen4 shall be responsible for:
(1) Carrying out all provisions as approved on the erosion and sediment control
plan and required by this standard,
(2) Promptly removing all soil, miscellaneous debris and other materials that may
become spilled, dumped or otherwise deposited on any public thoroughfares
during transport to and from the development site, and taking precautions to
inhibit the deposition of sediment into any sewer system or natural watercourse.
(3) In addition, the developer shall assume responsibility and all costs for removing
any sedimentation deposited in downstream drainage ways or facilities deemed
objectionable by the City to the proper functioning of these downstream areas.
Page 28 of 31
Exhibit "A
(4) The applicant shall provide a description of maintenance procedures needed to
ensure the continued performance of control practices and shall ensure the
responsible party has adequate funding to conduct maintenance activities as
deemed necessary.
(5) All temporary and permanent erosion and sediment control practices shall be
designed and constructed to minimiz maintenance requirements. They shall be
maintained and repaired as needed to assure continued performance of their
intended function. All sediment control practices shall be maintained in a
functional condition until all up slope areas they control reach final stabilization.
Final stabilization shall be determined by the City Engineer.
LUJInspection and Enforcement. VII IIIIII������IIIIII
o II III
(4)� General Inspection Requirements jl II IIIII
dlkll Ilip�' I IIIIh�li�s
(a) The City Engineer may inspect all site develo mnt activities Y p including
erosion and sediment control devices and facilities while a development
site, when subject to this regulation, gulation, is under construction. At a
minimum this will be m onthly and within 24 hours afte an event
rg�ea than o ne -half inch of rain �r 24 hour eP riod. When facilities are
not constructed according to approved plans, the City Engineer has the
explicit authority to compel compliance with the approved plan and the
objectives and standards of this regulation.
(b) A copy of the approved erosion and sediment control plan shall be
I I 1 ! I mainta on site, or in a location easily accessible by the applicant and
If IIIIIIIIIIIIIIIIIIIIII�f It!!e City's inspector. ill411fl���,.
(!
II (-7)(Z) Final Inspection: Prior to final inspection, the developer's engineer shall
IIIII provide the site grading flan documenting the intended site final grades.
f�11111111
I
(8)kjLlGeneral Inspection Procedures:
'411111111t I
(a) Erosion and sediment control practices for construction sites shall be
inspected periodically by the City to ensure they are being properly
maintained and, if not, the City may compel the owners to make the
necessary repairs at the expense of the owner. When inspections reveal
the need for repair, replacement, or installation of erosion and sediment
control BMPs, the following procedures shall be followed:
(b) When practices require repair or maintenance: If an internal inspection
reveals that a control practice is in need of repair or maintenance, with
the exception of a sediment - settling pond, it must be repaired or
maintained with three (3) days of the inspection. Sediment settling
ponds must be repaired or maintained within ten (10) days of the
inspection.
Page 29 of 31
Exhibit ,
(c) When practices fail to provide their intended function: If an internal
inspection reveals that a control practice fails to perform its intended
function as detailed in the ESC plan and that another, more appropriate
control practice is required, the plan must be amended and the new
control practice must be installed within ten (10) days of the inspection.
(d) When practices depicted on the ESC plan are not installed: In an
internal inspection reveals that a control practice has not been
implemented in accordance with the schedule, the control practice must
be implemented with 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.
#9)L4) Internal Inspections: IIIIII1I
(a) At a minimum, all controls on the site shall be inspected at least once
every seven calendar days and within 24 hours after any storm event
greater than one -half inch of rain per 24 hour period. The owner shall
assign qualified inspection personnel (those with knowledge and
experience in the installation and maintenance of sediment and erosion
controls) to conduct these inspections to ensure that the control practices
are functional and to evaluate whether the ESC Plan is adequate and
proper ly implemented in accordance with the proposed permit schedule
or whether additional control meas res are required. The qualified
inspection pe sonnel shall inspect the following:
(b) Disturbed areas used for storage of materials exposed to precipitation
� f I1 shall be inspected for evidence of or the potential for pollutants entering
II the drainage system.
�IIIII P (c) Erosion and sediment control measures identified in the approved erosion
and sediment control plan shall be observed to ensure proper operation.
II111,
(d) 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.
(e) Locations where vehicles enter or exit the site shall be inspected for
evidence of off -site vehicle tracking.
"(5) Inspection Reports: Inspectors shall prepare written reports after every
inspection. The inspection report shall describe:
(a) The date and location of the site inspection
Page 30 of 31
Exhibit "A
(b) Whether or not the approved plan has been properly implemented and
maintained.
(c) Any practice deficiencies or erosion and sediment control plan
deficiencies; and the agreed upon type(s) of corrective action necessary
to rectify any identified deficiencies.
(d) If a violation exists, the City will decide upon the type of enforcement
action taken.
(e) The site manager shall sign and receive a copy of the report before the
inspector leaves the site.
r Enforcement. The City Engineer agency shall notify the on -site
personnel or the owner /developer whenl deficiencies are observed, describing
the nature of the deficiency, the agreed upon corrective action, and the time
period in which to have the deficiency corrected. If after a reasonable amount of
time for voluntary compliance, the corrective actions are not undertaken to the
satisfaction of the City, the City may issue a Notice of Violation pursuant to
Dublin City codes Section 153 and proceed with other enforcerrient remedies as
provided by this and `,other applicable provisions of the Dublin City Codes.
Where the violations vd /or deficiencies represent an immediate and substantial
threat to the public health, safety or welfare, the City may immediately proceed
with enforcement remedies as provided by Dublin City Codes Section 153 and
other applicable provisions of the Dublin City Codes.
E Record Keepin
The applicant shall maintain for three (3) years following final
stabilization the results of these inspections, the names and qualifications of personnel
making the inspections, the l dates of inspections, major observations relating to the
implementation of the erosion and sediment control plan, a certification stating whether
the facility is in compliance with the ESC plan, and information on any incidents of
non - compliance determined bylthese inspections.
§ 53.999 PENALTY. I�
(A) Whoever violates! any provisions of this chapter is guilty of an unclassified
misdemeanor with a maximum fine of $2,500 and /or six months in jail with each day of
violation as a separate offense.
Page 31 of 31