City of Lima Ohio Stormwater Management Plan

Stormwater Control Ordinance For Lands Within the Zone

Prepared by the

Section 1

1.1 Statutory Authority

The Municipal Land Use Law, , and the Soil Erosion and Sediment Control Act, , provide the statutory authority for this ordinance.

1.2 Findings of Fact

It is hereby determined that:

1. Water bodies, roadways, structures and other property within, and downstream of, the municipality are at times subjected to flooding;

2. Flooding is a danger to the lives and property of the public and is also a danger to the natural resources of the municipality and the region;

3. Land development projects and activities alter the hydrologic response of watersheds resulting in increased stormwater runoff rates and volumes, increased flooding, increased stream channel erosion, and increased sediment transport and deposition;

4. Stormwater runoff produced by the land development contributes to increased quantities of water-borne pollutants;

5. Increases of stormwater runoff, soil erosion and non-point source pollutants have occurred in the past as a result of land development, and constitute deterioration of the water resources of the municipality and downstream municipalities;

6. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized by the regulation of stormwater runoff from development projects.

7. The State of Surface Water Quality Standards () establish surface water quality standards and antidegradation policies applicable to all surface waters of the state and these standards and antidegradation policies provide reasonable guidance to municipalities for the regulation of stormwater runoff for purposes of protecting surface water resources from degradation.

8. A portion of this municipality lies within the and hence, some surface waters located in this municipality are tributary to . The waters of the Area are all classified as Category waters, for purposes of applying the State of 's surface water quality antidegradation policies.

9. The existing uses of the Area, which are to be protected in accordance with the State's surface water quality antidegradation policies, are dependent on maintaining good water quality and natural rates and volumes of flow. These uses include the following:

a. to preserve, restore and enhance, in their natural ecosystem, all species of animals and plants that are endangered or threatened with becoming endangered;

b. to perpetuate the migratory bird resource;

c. to preserve a natural diversity and abundance of fauna and flora on refuge lands;

d. to provide an understanding and appreciation of fish and wildlife ecology and people's role in their environment, and to provide refuge visitors with high quality, safe, wholesome and enjoyable recreational experiences oriented toward wildlife to the extent these activities are compatible with the purposes for which the refuge was established.

e. Within the Area, to manage so as to maintain the wilderness resource for future benefit and enjoyment; to preserve the wilderness character of the biological and physical features of the area; to provide opportunities for research, solitude and permitted recreational uses; to ensure that the works of man remain substantially unnoticeable.

10. Stormwater runoff, soil erosion, stream channel erosion and nonpoint source pollution, due to land development activities within the Area, have resulted in a deterioration of the water resources of the municipality and downstream municipalities, including the water resources of the Area.

11. Increased stormwater runoff rates and volumes, and the sediments and pollutants associated with stormwater runoff, from future development projects within the , have the potential to adversely affect the municipality's streams and water resources, and the streams and water resources of downstream municipalities, including the Category waters of the Area.

It is therefore determined that it is in the public interest to regulate the discharge of stormwater runoff from land development projects and other construction activities, within the , as provided in this ordinance, in order to control and minimize increases in stormwater runoff rates and volumes and to control and minimize soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff.

1.3 Purpose

It is the purpose of this ordinance to establish minimum stormwater management requirements and controls:

1. To reduce artificially induced flood damage to public health, life, and property;

2. To minimize increased stormwater runoff rates and volumes from any new land development.

3. To minimize the deterioration of existing watercourses, culverts and bridges, dams and other structures;

4. To induce water recharge into the ground where geologically favorable conditions exist;

5. To prevent an increase in nonpoint source pollution;

6. To maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;

7. To minimize the impact of development upon streambank and streambed stability;

8. To reduce erosion from any development or construction project;

9. To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and runoff pollution;

10. To reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, from lands that were developed without stormwater management controls meeting the purposes and standards of this ordinance; and

11. To minimize public safety hazards at any stormwater detention facility constructed pursuant to subdivision or site plan approval.

1.4 Applicability

This ordinance shall be applicable to any major subdivision or site plan application, as defined in the Municipal Land Use Law, or any project, as defined by the Soil Erosion and Sediment Control Act, located within the municipality and within the , as shown on Attachment 1.

1.5 Compatibility with Other Permit and Ordinance Requirements

Development approvals issued pursuant to this ordinance are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, stature, or other provision of law. Where any provision of this ordinance imposes restriction different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

In addition, in the event a regional stormwater management plan is prepared and formally adopted for the , this ordinance shall be amended to ensure consistency with that regional plan.

1.6 Severability

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance.

Section 2

Definitions

Unless specifically defined below, or in the Municipal Land Use Law (), or in the Soil Erosion and Sediment Control Act (), or in 's Surface Water Quality Standards (), words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. For purposes of this ordinance, such uses shall not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

"Detention basin" means an impoundment area made by construction and embankment, or excavation a pit, or both, for the purpose of temporarily storing stormwater.

"Detention facility" means a detention basin or alternative structure designed to temporarily retain stormwater runoff.

"Flood plain" means the area inundated by 's regulatory flood including the water course that creates it. 's regulatory flood means along streams for which has an adopted flood hazard area and floodway study, and the 100-year flood along non-delineated streams for which has not delineated a flood hazard area.

Section 3

Technical Standards

3.1 No Net Increase Provisions

1. No net increase in nonpoint source pollution - Stormwater control systems shall be designed so that there is no degradation of water quality in the receiving watercourse, due to nonpoint source pollution associated with stormwater runoff. 's Surface Water Quality Standards, , shall be used as guidelines for this determination.

2. No net increase in sediment loadings - Stormwater control systems shall be designed to reduce, to the maximum extent possible, the Total Suspended Solids (TSS) generated by the development for storm events up to the water quality design storm and to retain, as closely as possible, the pre-development hydrologic response of the site, and the watershed.

3. No net increase in stormwater runoff rates and stream channel erosion - Stormwater control systems shall be designed so that, to the maximum extent possible, the post-development stormwater runoff rates, from the site, and at any point in the watershed between the site and the , are no greater than pre-development rates, in order to retain as closely as possible, the pre-development hydrologic response of the site and the watershed.

4. No net increase in stormwater runoff volumes - Stormwater control systems shall be designed so that all stormwater runoff is infiltrated into the ground for the 1.25 inch, 24-hour storm, using the Type III rainfall distribution recommended for by the US Soil Conservation Service. In addition, the first 1.25 inches of stormwater runoff from all larger storms shall also be infiltrated into the ground.

3.2 Procedures for Measuring Compliance with the No Net Increase Provisions of the Ordinance

1. Hydrologic/hydraulic analyses shall be prepared and submitted demonstrating that the post-development stormwater runoff rates do not exceed the standards set forth in this ordinance for the water quality storm and the 2-, 10-, and 100-year storms.

The hydrologic and hydraulic analyses shall follow generally accepted methodologies for evaluating stormwater runoff rates and volumes, including the methodologies specified in 's Stream Encroachment Manual, the USDA/SCS's TR-55 and TR-20 methodologies, and the US Army Corps of Engineers' HEC-1 model.

For infiltration facilities proposed to meet the no net increase provisions of this ordinance, the results of soil tests demonstrating the suitability of the area's soils for infiltration of runoff shall also be provided.

2. A nonpoint source pollutant loading analysis shall be prepared and submitted, demonstrating that the post development nonpoint source pollutant and sediment loadings do not exceed the standards set forth in this ordinance, as a result of the proposed land development project.

In preparing the required analysis it shall be acceptable to utilize the average removal efficiency statistics provided in the Stormwater and Nonpoint Source Pollution Control Best Management Practices Manual, dated , and any subsequent revisions thereto, prepared by the Department of Environmental Protection and the New Jersey Department of Agriculture.

3.3 Mitigation Measures

If the natural or existing physical characteristics of the project site preclude achievement of any of the above no net provisions, the municipality may grant a variance from strict compliance with the specific no net increase provisions that are precluded, provided that acceptable mitigation measures are provided.

However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the municipal engineer that the immediately downstream waterways will not be subject to:

1. Deterioration of existing culverts, bridges, dams, and other structures;

2. Deterioration of their biological functions, as well as for drainage and other purposes;

3. Streambank or streambed erosion or siltation;

4. Increased threat of flood damage to public health, life and property.

Furthermore, where partial compliance with a specific no net increase provision is possible, the municipal engineer will direct the applicant to satisfy a reduced performance criterion. Mitigation measures will be required to compensate for the unfulfilled component of the no net increase provision.

Section 4

Requirements for a Site Development Stormwater Plan

4.1 Submission of Site Development Stormwater Plan

1. Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan as part of the submission of the application for subdivision or site plan approval.

2. The applicant shall demonstrate that the project meets the standards set forth in this ordinance.

3. The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with Section 4.3 of this ordinance.

4.2 Site Development Stormwater Plan Approval

The applicant's plans for development shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.

4.3 Checklist Requirements

1. Topographic Base Map - A topographic base map of the site shall be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map shall indicate existing surface water drainage; marshlands and other wetlands; pervious or vegetative surfaces; existing man-made structures; roads; bearing and distances of property lines; and significant natural and manmade features not otherwise shown. The reviewing engineer may require upstream tributary drainage system information as necessary.

2. Environmental Site Analysis - A written and graphic description of the natural and man-made features of the site and its environs shall be provided. This description should include a discussion of soil conditions, slopes, wetlands, and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

3. Project Description and Site Plan(s) - A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

4. Stormwater Management Facilities Map - The following information shall be provided and illustrated on a map of the same scale as the topographic base map, shall be included:

a. total area to be paved or built upon, proposed surface contours, estimated land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of surface water.

b. details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

5. Calculations

a. comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms as specified in Section 3 of this ordinance.

b. When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil sits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

6. Maintenance and Repair Plan

a. The design and planning of the stormwater management facility shall meet the objectives of Section 3.8.

b. Maintenance procedures shall be detailed which ensure the continuation of the intended function of the facility.

c. Maintenance and repair plans for stormwater management facilities shall identify the parts or components of the facility that need to be maintained, and when repairs are required, the equipment and skills or training necessary. Plans for stormwater management facilities shall detail the accessibility of maintenance personnel and equipment. Costs and sources of funds shall be identified when possible.

d. A schedule shall be developed of when and how often maintenance will occur to maintain proper function of the stormwater management facility. To reduce the potential for extensive, difficult, and costly remedial or emergency maintenance efforts, the schedule of maintenance activities shall include inspections to ensure proper performance of the facility between scheduled cleanouts.

e. Where a stormwater management facility is used for sediment control during construction, a debris and sediment disposal site shall be confirmed before the facility is constructed. The disposal site may or may not be at the site of the proposed development. The responsible party shall demonstrate that he or she is capable of financing the removal and disposal of debris and sediment before the facility is operating. Disposal site(s) shall be included in the Soil Erosion and Sediment Control Plan and certified by the local Soil Conservation District.

f. Provisions for periodic review and evaluations to determine the overall effectiveness of the maintenance programs and the need for revised or additional maintenance procedures, personnel and equipment shall be included in the facilities maintenance and repair plan.

Section 5

Continued Maintenance, Repair and Safety

5.1 Applicability

Projects subject to review as specified in Section 1.4 of this ordinance shall comply with the requirements of Sections 5.2 and 5.3

5.2 Responsibility for Continued Maintenance, Repair and Safety

1. The requirements of this section do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. Responsibility for operation and maintenance of stormwater management facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the property owner, unless assumed by a governmental agency, with permanent arrangements that it shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for inspection and maintenance, hereinafter in this section referred to as the responsible person.

2. Prior to granting approval or as a condition of final subdivision or site plan approval to any project subject to review under this ordinance, the applicant shall enter into an agreement with the municipality to ensure the operation and maintenance of the stormwater management facility. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity shall be established as the responsible person absent an agreement by a governmental agency to assume responsibility. It shall be demonstrated to the municipality that a proposed new responsible entity has the capability to complete and finance necessary maintenance.

3. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

5.3 Continued Maintenance and Repair Procedures

1. Preventive maintenance procedures are required to maintain the intended operation and safe condition of the stormwater management facility by reducing the occurrence of problems and malfunctions. To be effective, preventive maintenance shall be performed on a regular basis and include such routine procedures as training of staff, periodic inspections, grass cutting and fertilizing, silt and debris removal and disposal, upkeep of moving parts, elimination of mosquito breeding habitats, pond maintenance, and review of maintenance and inspection work to identify where the maintenance program could be more effective.

2. Corrective maintenance procedures are required to correct a problem or malfunction at a stormwater management facility and to restore the facility's intended operation and safe condition. Based upon the severity of the problem, corrective maintenance must be performed on an as-needed or emergency basis and include such procedures as structural repairs, mosquito extermination, removal of debris, sediment and trash removal which threaten discharge capacity, erosion repair, snow and ice removal, fence repair and restoration of vegetated and no vegetated lining.

5.4 Penalties - Any responsible person who violates any portion of Section 5.2.3 or Section 5.3 of this ordinance shall be subject to the following penalties:

Section 6

Effective Date

This ordinance shall take effect upon final passage by the Township Committee.

ATTACHMENT 1

Map of the Zone

ATTACHMENT 2

Requirements

ATTACHMENT 4

Stormwater Management for Water Quality Improvement and Infiltration in the