§ 1113-03. Prohibition of Certain Excavations, Fills, or Grades.

1113-03.1 Operational Plan: An excavation and fill permit shall not be issued for an excavation or fill comprising the movement of more than 1,000 cubic yards of material or disturbing one acre or more (whichever is more restrictive), unless the permit application is accompanied by an operational plan determined by the Cincinnati Stormwater Management Utility as sufficient to ensure that the operations are not offensive or objectionable due to erosion, siltation, dust or construction site pollutants. The operational plan must include:

(1)

A narrative description of the site that includes:

(a)

Total area of the site;

(b)

Area of the site that is expected to be disturbed;

(c)

A calculation of the area-weighted runoff coefficients for each catchment tributary to an erosion prevention and sediment control best management practice, post-construction stormwater control best management practice, stormwater conveyance facility, and stormwater detention facility under both pre-construction and post-construction site conditions;

(d)

An estimate of the impervious area and percent imperviousness of the site at the beginning and at the conclusion of the project;

(e)

Existing data describing the soils throughout the site, including the soil series, soil association, and hydrologic soil group;

(f)

Geotechnical data such as infiltration, extended conveyance, media filtration, or other best management practice to support the design of each proposed erosion prevention and sediment control best management practice and post-construction stormwater control best management practice, whose effectiveness depends upon site-specific data about the porosity, infiltration characteristics, depth to groundwater, depth to bedrock, and any impermeable layers;

(g)

Existing data, if available, describing the quality of any stormwater discharge from the site;

(h)

The name and/or location of the immediate receiving water resource and the first subsequent named water resource and the extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the site;

(i)

The location and description of any stormwater discharges associated with asphalt and concrete plants on or contiguous with the project site and dedicated to the project, and the best management practices to address pollutants in these stormwater discharges;

(j)

The location of structures on adjoining properties;

(k)

The hours of operation of work activities on site;

(l)

The anticipated duration of the project; and

(m)

The intended use of the property after completion of construction on the site.

(2)

A map or series of maps that, in addition to the survey plat requirements of § 1101-19.4, includes and/or delineates:

(a)

The entire site on a single 24" × 36" (architectural D-size drawing) plan sheet;

(b)

A scale of at least 1-inch equals 50-feet;

(c)

Identification of the phase of construction, if applicable, in relation to the overall construction;

(d)

A north arrow;

(e)

Elevation datum;

(f)

Date of preparation or revision;

(g)

Ingress and egress from the site including access drives and the connection to the public right of way;

(h)

Limits of excavation and fill on the site for each phase of construction;

(i)

Soils types for the site, including the location and extent of visibly evident existing excavations or fills, slope instability, erosion and water seepage or wet conditions, unstable or highly erodible soils, or other areas with potentially serious existing or future erosion problems;

(j)

Existing and proposed two-foot (2') contours, unless site conditions require more detailed topography to depict site drainage conditions;

(k)

Drainage patterns;

(l)

Erosion prevention and sediment control best management practices within, entering, and exiting the site during each phase of construction, including any existing and/or constructed combined and separate stormwater drainage conveyance and drainage inlet facilities within the site, beyond the site, and/or within the larger common plan of development if utilized during construction;

(m)

Drainage watersheds at the site expected before, during, and after major excavation and fill activities;

(n)

Location and approximate depth of existing and proposed utilities including appurtenances, structures and outfalls;

(o)

Water resource locations including known springs, wetlands, streams, lakes, water wells, and Stream Corridor Protection Overlay District and/or other setbacks on or within 200 feet of the site, including the boundaries of wetlands or streams and any first subsequent named receiving water resource(s) intending to be filled or relocated under an approval from the Army Corps of Engineers and/or Ohio EPA;

(p)

Existing and proposed locations of buildings, roads, and parking facilities;

(q)

In-stream activities including stream crossings;

(r)

Existing and proposed property boundaries, including bearings, distances, and survey monument information, and subdivision lot numbers;

(s)

Existing or proposed easements or other restrictions placed on the use of the property and the responsible party under such easement or restriction;

(t)

Areas vulnerable to erosion and sediment damage;

(u)

Areas that do not drain to erosion prevention and sediment control best management practice structures;

(v)

Locations where soil is to be stockpiled; and

(w)

Location and size of permanent stormwater control best management practices and other stormwater facilities, drawn to scale.

(3)

A narrative that describes how stormwater discharges from the site will be controlled during construction that includes:

(a)

A description of the overall erosion prevention and sediment control plan that highlights specific areas of concern;

(b)

A maintenance and inspection plan for erosion prevention and sediment control best management practices;

(c)

An implementation schedule that describes the sequence of major construction operations (i.e., grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion prevention and sediment control best management practices to be employed during each operation of the sequence;

(d)

Standards and specifications for the installation and maintenance of all temporary erosion prevention and sediment control best management practices;

(e)

Temporary stabilization requirements and timelines for specific areas of the site;

(f)

Standards and specifications for all vegetative practices including seeding, mulching, and fertilizing rates;

(g)

Standards and specifications for any turf re-enforcement matting or other stabilization practices;

(h)

Procedures for the stabilization of areas receiving stockpiled soils immediately after stockpiling is completed;

(i)

Schedule indicating the anticipated starting and completion times of the development sequence, including clearing land, grubbing, stripping, rough grading and construction, final grading and vegetative establishment, and maintenance including the time of exposure of each area prior to the completion of erosion prevention and sediment control best management practices;

(j)

Inspection and maintenance guidelines for each erosion prevention and sediment control best management practice;

(k)

Calculations for proposed stormwater runoff flows, volumes, and timing into and through all temporary erosion prevention and sediment control best management practices that shall include the underlying assumptions and hydrologic and hydraulic methods and parameters, under pre- and post-development land use conditions, for flood control, water resource protection, and water quality, which calculations shall demonstrate that the runoff from upper watershed areas have been considered in the calculations and indicate that no adverse impacts are conveyed downstream of the proposed project; and

(l)

An investigation of immediate downstream conditions that addresses anticipated temporary impacts on the downstream water resource and floodplain morphology, hydrology, and water quality.

(4)

A narrative that describes how the quantity and quality of stormwater discharges from the site and/or into a water resource will be controlled after completion of construction that includes:

(a)

Standards and specifications for the installation and maintenance of all permanent stormwater control best management practices including vegetation, amended soil composition, structural materials, and rationale for the selection of each practice;

(b)

Operations and maintenance requirements for all permanent stormwater control best management practices during and after construction;

(c)

Permanent stabilization requirements and timelines for specific areas of the site;

(d)

Calculations for proposed stormwater runoff flows, volumes, and timing into and through all stormwater control best management practices that shall include the underlying assumptions and hydrologic and hydraulic methods and parameters, under pre- and post-development land use conditions, for flood control, water resource protection, and water quality, which calculations shall demonstrate that the runoff from upper watershed areas have been considered in the calculations and indicate that no adverse impacts are conveyed downstream of the proposed project;

(e)

An investigation of immediate downstream conditions that addresses anticipated permanent impacts on the downstream water resource and floodplain morphology, hydrology, and water quality;

(f)

Soil and subsurface conditions, including tests of infiltration rates for native and amended soils underlying post construction stormwater control best management practices, and borings or equivalent data indicating seasonal high groundwater levels, top of bedrock elevations, and perched groundwater elevations;

(g)

Installation of permanent stormwater control best management practices off-site may be considered if it is shown that installation of these structures are not feasible on the site and a maintenance agreement for off-site structures in a form acceptable to the city solicitor is recorded.

(5)

A narrative that describes how non-sediment pollutants will be controlled during construction that includes:

(a)

The type, location, and dimensions of structural and non-structural non-sediment pollution best management practices incorporated into the site and the rationale for their selection; and

(b)

An inspection and maintenance plan for the non-sediment pollution best management practices used on the site.

(6)

Drawings that include:

(a)

Each permanent stormwater control best management practice providing sufficient dimensions, construction details, design calculations, volumes and sizes of contributing drainage areas, and elevations;

(b)

For subdivided developments where a centralized erosion prevention and sediment control best management practice capable of controlling multiple individual lots is not provided, a detail drawing of a typical individual lot showing standard individual lot erosion prevention and sediment control best management practices.

(7)

An inspection and maintenance plan for each permanent stormwater control best management practice in a form acceptable to the city solicitor that must be recorded that includes:

(a)

The parties who:

(i)

Own the permanent stormwater control best management practice;

(ii)

Are responsible for inspecting and maintaining the permanent stormwater control best management practice;

(iii)

Own property contributing stormwater to the permanent stormwater control best management practice; and

(iv)

Are required to install the permanent stormwater control best management practice.

(b)

A schedule for the regular inspection and maintenance of the permanent stormwater control best management practice.

(c)

A requirement that if the party listed in the plan as responsible for inspecting and maintaining the permanent stormwater control best management practice fails to do so, each property owner contributing stormwater to and/or required to install the permanent stormwater control best management practice shall be proportionally responsible for such inspection and maintenance.

(d)

The legal description for each property served by the permanent stormwater control best management practice.

(e)

The legal description for the property on which a permanent stormwater control best management practice is located.

(f)

A description of the funding for the long-term maintenance and inspection of the permanent stormwater control best management practice.

(g)

A requirement that reports of all inspections of and maintenance operations on the stormwater control best management practice must be filed with the utility engineer within thirty days after such inspection or maintenance.

(h)

A prohibition on alteration of the stormwater control best management practice without prior written approval from the utility engineer.

An operational plan is also required for an excavation or fill comprising the movement of less than 1,000 cubic yards of material or on less than one acre if the work area borders one or more work areas under separate excavation and fill permit and the total amount of material being moved in all contiguous areas is more than 1,000 cubic yards or the contiguous areas comprise more than one acre and the areas have some common ownership or the work in all areas is under common control.

1113-03.2 Certification of Excavation and Fill Quantities and Operational Plan Compliance: Every six months after the issuance of an excavation and fill permit and on completion of operations, the holder of permit for an excavation or fill comprising the movement of more than 1,000 cubic yards of material must file with the Director a certification prepared by a registered surveyor, registered architect or professional engineer of the quantities of materials placed or removed since the issuance of the permit and that the work has been conducted in accordance with the operational plan.

1113-03.3 Revocation of Excavation and Fill Permits: The Director may revoke an excavation and fill permit if the holder of the permit has failed to comply with the operational plan or if the Director determines that the operations have become offensive or objectionable due to erosion, siltation or dust.

1113-03.4 Excavations and Fills in Residential Districts: If the proposed work is wholly or partially within a residential zone district, work must be completed within one year from the date of permit issuance. The Director may extend the time for completion of the work if the Director determines after conducting a public hearing that the operations have been conducted in compliance with the permit and have not been offensive or objectionable due to erosion, siltation or dust. The Director has the duty to notify the owner or occupant of the subject property, any owner or occupant of property abutting the subject property and any community or neighborhood association or organization whose boundaries include or abut the subject property, recognized by the council as representing the area. Notice must be sent by ordinary U.S. Mail at least ten days in advance of the date set for the public hearing.

1113-03.5 Slope: An excavation and fill permit may not be issued for an excavation or fill to be made with a face steeper in slope than three horizontal to one vertical.

Exception: The director of buildings and inspections may permit an excavation or fill to be made with steeper face if an applicant demonstrates satisfactorily by means of appropriate soil exploration and analysis and the written opinion of the geotechnical engineer that the materials are capable of standing on a steeper slope without creating any of the hazards described in §§ 1101-17.1.1 and 1101-63.5 CBC.

(Ordained by Ord. No. 67-1996, eff. Apr. 5, 1996; a. Ord. No. 343-2001, eff. Nov. 23, 2001; a. Ord. No. 058-2012, § 1, eff. March 29, 2012)