Ordinance Review - September 13th 2016
ORDINANCE REVIEW COMMITTEE
Sept 13, 2016
The Ordinance Review Committee met in regular session on Tues, Sept 13, 2016 at 5:00 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Bill Marquardt presided.
Present: Mr. Bill Marquardt (Chairman), Mrs. Mary Ann Wervey, Mr. Paul Fikaris, Mr. David Hunter, and Mr. John Marrelli
Also Present: Mr. Tom Cappello (Village Engineer) and Ms. Deborah Garbo (Secretary)
Absent: Mayor Bodnar, Mr. Joseph Diemert (Law Director), and Dr. Stephan Parker
CONSIDERATION OF MEETING MINUTES: May 10, 2016
Mr. Marrelli, seconded by Mr. Fikaris made a motion to approve the minutes of May 10, 2016.
Motion Carried. Minutes Approved as Written.
- Chapter 1128; Comprehensive Storm Water Management
Chapter 1129; Erosion & Sediment Control
Chairman Marquardt called the meeting to order.
Comprehensive Storm Water Management
Mr. Cappello reviews the Model Ordinance revisions beginning with Comprehensive Stormwater Management. What’s highlighted in yellow is required to meet the Ohio EPA Permit #OHC000004. What’s highlighted in green is something they recommend to help us meet the PHASE II permit (TMDL) Total Maximum Daily Load requirements for all the different types of pollutants into the stream bed.
We have a lot in place already. We passed the Riparian Setback Ordinance a while back. Yellow, we have to do. Green, are recommendations. I do question them on; Whereas, green infrastructure produces community benefits including reduced crime. I guess maybe that makes people calmer.
Review Text Highlighted in Green (Recommendations)
Low Impact Development: (LID) is a site design approach which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID’S goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCM’s) are uniformly and strategically located throughout the site.
Mr. Cappello said, I think this is good practice anyway. LID is not necessarily new. When we redid our ordinance for parking, that’s considered an LID. We changed the parking space requirements, made them a little smaller. That tends to make less pervious area, less pavement, less impact.
Mr. Cappello said, I did have a question regarding “Redevelopment”. They’re going to check into this to make sure the wording is correct. This was a little bit stringent.
Mr. Marrelli asked, do you believe the Design Engineers are getting this stuff too?
Mr. Cappello replied, yes.
Mr. Marrelli asked, will they ask for this information before they design a project?
Mr. Cappello replied, this is standard.
Mr. Marrelli asked, is this National or just Northeast Ohio?
Mr. Cappello replied, they’re talking about Ohio here. Other states have very similar, some are stricter than ours.
Mr. Hunter asked, is there a Federal minimum?
Mr. Cappello replied, this is per the Ohio EPA. I’m not sure if there’s a criteria Federally that they model theirs after.
Mr. Marrelli asked, we don’t know if the state supersedes the feds?
Mr. Cappello replied, I’m pretty sure if we follow the state permit, we’re fine.
Chairman Marquardt asked, is this the state document or is this our document?
Mr. Cappello replied, this is our document under our MS4 Phase II. Every five years we renew the permit. It seems like every five years they have new things they want to tweak. This is part of that. I think a lot of it is in response to Federal requirements.
PP. Stormwater Control Measure (SCM)
Mr. Cappello said, this means what you’re using. Is it a bio-retention basin? Is it some sort of pervious pavement?
A Comprehensive Stormwater Management Plan must be developed and implemented for all commercial and industrial site development. The “community engineer” may require a comprehensive stormwater management plan on sites disturbing less than 1 acre.
Mr. Cappello said, I think that’s a good idea anyway. If someone comes in and wants to put an addition on, a lot of times it’s under 1 acre, we still may want them to do water quantity but we don’t have them do water quality. I think we should incorporate that. This is not a bad provision and not too encumbering.
Selection (source and justification) and/or calculations of runoff coefficients for water quality volume determination, peak discharge control (curve number/critical storm method), and rational method.
Mr. Cappello said, they basically rewrote what was there before, and that’s fine.
Mr. Cappello said, this is all fine. They just talk about how they want to treat the watersheds when they do the calculations.
Mr. Cappello said, some of these are just tweaks of verbiage. When they say “upper watershed”, they really mean “offsite watershed”.
Mr. Cappello said, here they talk about design.
11. Soil Preservation and Post-Construction Soil Restoration: To the maximum extent practicable leave native soil undisturbed and protect from compaction during construction. Except for areas that will be covered by impervious surface or have been incorporated into an SCM, the soil moisture-holding capacity of areas that have been cleared and graded must be restored to that of the original, undisturbed soil to the maximum extent practicable. Areas that have been compacted or had the topsoil or duff layer removed should be amended using the following steps: 1. till subsoil to a depth of 15-18 inches, 2. incorporate compost through top 12 inches, 3. Replace with stockpiled site or imported suitable topsoil to a minimum depth of 4 inches.
Mr. Cappello said, this one I said NO on, I think it’s a little bit over the top. For example, when they built out here, they left green area, but they were over the top of it. It wasn’t fenced off and preserved as natural. They drove equipment over it, they stockpiled on it. Those areas that were disturbed, they want you to come in and till/plow to a depth of 15 – 18 inches and add other material in and add top soil to condition it so it’s more pervious. The problem you have here is that is someone’s lawn. It’s a little different if you’re never going to cut the grass for one year.
Mr. Marrelli said, and if you never walk or drive on it.
Mr. Cappello said, I’m on the Uniform Standards Committee. Because of all the flooding we’ve had, we’re going to make it a little stricter. So anyone designing any storm sewer system residentially is a 10 year minimum. The pipes full capacity has to take a 10 year storm. The 25 year storm, the pipe surcharges you don’t want popping out of the road, it has to be contained.
Mr. Hunter asked, in spite of all the changing weather, is there any changing of what is a 10 & 25 year?
Mr. Cappello said yes, good question. On page 31 (5):
Rainfall Depth - For the most accurate, up-to-date, location-specific rainfall data for stormwater design, use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3). [available online: http://hdsc.nws.noaa.gov/hdsc/pfds/.]
Basically, when that updates, we’re going to be using the most current. Good point. It has changed, we were using stuff that the 100-year was 4.6 inches, now it’s 5.89 inches.
Mr. Cappello said, they have to check the wording on this because you can’t build piers in the middle of the creek in the State above the normal high water.
Mr. Cappello said, when you develop these water quality structures, sometimes the requirements let the water out so slow, you have to do it in small holes. If I put a ½ inch hole in a pond, it’ll clog up. So they’re saying there’s ways in which you could put that ½ inch hole in a tract pipe of some sort for anti-clogging.
c. Each individual SCM must be sized to treat the WQv associated with its entire contributing drainage area. Exceptions to this may be granted by the [community engineer] and/or the OEPA on a case-by-case basis.
Mr. Cappello said, this makes sense.
e. Sites within watersheds of coldwater habitat streams shall include SCMs to infiltrate the water quality volume or reduce the temperature of discharged runoff. SCMs that reduce the temperature of discharged runoff include bioretention, permeable pavement, underground detention, and incorporation of shading and infiltration in parking lot design.
Mr. Cappello said, this makes sense.
(4) Detention basins shall be provided with an emergency drain, where practicable, so that the basin may be emptied if the primary outlet becomes clogged and/or to drain the permanent pool to facilitate maintenance. The emergency drain should be designed to drain by gravity where possible.
Mr. Cappello said, this makes sense.
(3) Model pervious, directly connected impervious and disconnected impervious areas as separate subwatersheds.
Cappello said, not sure what they meant on this. I’ll check into that.
(5) Rainfall Depth - For the most accurate, up-to-date, location-specific rainfall data for stormwater design, use the Precipitation-Frequency Atlas of the United States, NOAA Atlas 14, Vol 2(3). [available online: http://hdsc.nws.noaa.gov/hdsc/pfds/.]
Mr. Cappello said, this is good.
(6) Temporal Distribution – Use the SCS Type II rainfall distribution for all design events with a recurrence interval greater than 1 year. Include lot coverage assumptions used for full build out of the proposed condition.
Mr. Cappello said, this is good.
(7) Curve numbers for the pre-development condition shall reflect the average type of land use over the past 10 years and not only the current land use.
- Pre-development Curve Numbers – For wooded or brushy areas, use listed values from TR-55 NRCS USDA Urban Hydrology for Small Watersheds, 1986 in good hydrologic condition. For meadows, use listed values. For all other areas (including all types of agriculture), use pasture, grassland, or range in good hydrologic condition.
- Post-development Curve Numbers - Open space areas shall use post-construction HSGs from Rainwater and Land Development unless the soil is amended after development according to the following protocol: till the subsoil to 15-18 inches, then till using a chisel, spader, or rotary tillage and incorporate compost through top 12 inches, replace topsoil to a minimum depth of 4 inches. All undisturbed areas or open space with amended soils shall be treated as “open space in good condition.”
Mr. Cappello said, I said NO to (7) ii because that’s tilling the soil to some ridiculously deep depth.
Stormwater Management on Redevelopment Projects
- Alternate to XXXX.09(E)(1): Comprehensive Stormwater Management Plans for redevelopment projects must accomplish one of the following options:
- Reduce existing site impervious areas by at least 25 percent, a one-for-one redit towards the 25 percent net reduction of impervious area can be obtained through the use green roofs.
- Infiltrate at least 25 percent of the
- Capture, treat and release 50 percent of the
- Note: If community is adopting alternate redevelopment requirement in green for XXXX.09(E)(1), use following replacement language: Where projects are a combination of new development and redevelopment, the total water quality volume required to be treated shall be calculated by a weighted average based on acreage, with the new development at 100 percent water quality volume and redevelopment at 25% infiltration of the WQv or 50% treatment of the WQv.
Mr. Cappello said, when you redevelop a site they require you to treat 20% of what was there before, that’s a fair trade off. Or, you could design it so that you have 20% less impervious area and you don’t have to do anything. When you develop more than what was there, you have to treat 20% of the existing before any development and add 100% treatment of the difference. They want to make it 25% and 100%. I think 20% is a good start.
Mr. Hunter asked, what does treat mean?
Mr. Cappello replied, treat means you have to run it through those water quality devices. If my existing site was 1 acre of pavement on 5 acres and I redevelop it, I do one roof and pavement, I don’t have to do detention because I didn’t increase the runoff because it was already developed, it was the same. That’s quantity (storing the water). If I have a 5 acre site that had 1 acre of impervious area and I made 4 acres, I have to now store that increased runoff. That’s the quantity portion of this.
Then there’s the quality portion, quality is the first flush, the first 3/4” of rain you get. That’s going to take all the grit, oils, sediments, whatever’s in the roof. That gets put into some sort of treatment device, i.e. rain gardens, bio-retention basins. They consider pervious pavers a treatment device because it’s some sort of filter. The bio-retention is probably the best because it’s layers. Other devices that would work, but not here because the soils here are bad, are clay. But if you have soil in Mentor, where you have a lot of sand, you can run it through infiltration trench. Another example is a subdivision, a lot of times they’ll build a big pond and treat that first ¾” of runoff with some sort of outlet for that pond and above that they’d do detention. Other methods are a green roof. Pervious pavement is a 1 to 1 credit. If I had a building and the site had one acre of roof and pavement and all the pavement I put back is pervious pavement and I painted a green roof, they would consider that zero runoff. But, it would also cost a lot of money.
When they talk about comprehensive stormwater, there are 2 facets; Treatment is the water quality and containment would be the detention or quantity.
So, these two things on page 33, they want to make it stricter which I don’t want to, I think it’s onerous. You want to do what’s right but you also want to encourage development. That’s where your tax dollars are.
Summary of Comprehensive Storm Water Management Review
Chairman Marquardt said, this is a Chagrin River Watershed Partner’s document. You’re changing it for ours. Who is going to say if it’s good or bad?
Mr. Cappello replied, they’ll review this. I’ll send this to the Law Department. They’ll make the changes that are required in yellow. What we have in green, they’ll keep. What we don’t have in green goes away. As far as CRWP is concerned, the green highlights are recommendations. We don’t have to do any of those.
Chairman Marquardt asked, what if there’s something they wanted in and we don’t have it?
Mr. Marrelli asked, what if you have a NO on something that they absolutely love?
Mr. Cappello replied, that doesn’t matter to them. I didn’t say NO to any yellow, that’s required. It’s the green that we have the option with, those are recommendations. I think all the recommendations we’re keeping except amending the soils, and increasing the 25 percent. Kristina with CRWP will review all of this. I sent the changes to Mark last week. Anything I have NO on, he’s taking it out.
Mr. Marrelli asked, is there any more action this Board needs to take?
Mr. Cappello replied, if you want to look at it when it’s done, but it’s not ready for final review.
Chairman Marquardt asked, what’s the deadline?
Mr. Cappello replied, end of the year. I’d like to pass it by Dec 31st.
Mr. Hunter requested a word document from Tom. Copies are difficult to read.
Erosion and Sediment Control
(u) FINAL STABILIZATION Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs).
Mr. Cappello said, this makes total sense.
(mm)PRE-CONSTRUCTION MEETING: A meeting between the [community] and all principle parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan [Lake County Communities: Erosion and Sediment Control Plan].
(nn)PRE-WINTER STABILIZATION MEETING: A meeting between the [community] and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan [Lake County Communities: Erosion and Sediment Control Plan].
Mr. Cappello said, both of these are fine. We’re already doing this. Cuyahoga Soil and Water and the contractor come in, we do a Pre-Construction meeting before the contractor does anything. Then we’re all on the same page.
XXXX.05 DEVELOPMENT OF STORMWATER POLLUTION PREVENTION PLANS
(a)A Stormwater Pollution Prevention Plan must be developed and implemented for all commercial and industrial site development. The [community engineer] may require a comprehensive stormwater management plan on sites disturbing less than 1 acre.
Mr. Cappello said, this is saying if you’re less than an acre you still have to do something for us if you’re commercial or industrial.
(d) Soil disturbing activities shall not begin and zoning permits shall not be issued without
i.i.i. Physical marking in the field of protected areas or critical areas, including wetlands and riparian areas
Mr. Cappello said, this is extremely smart because contractors start driving in their heavy equipment before looking at the plan.
(f) The developer, engineer and contractor, and other principal parties, shall meet with the [community engineer] for a Pre-Construction Meeting no less than seven (7) days prior to soil-disturbing activity at the site to ensure that erosion and sediment control devices are properly installed, limits of disturbance and buffer areas are properly delineated and construction personnel are aware of such devices and areas. Pre-Construction Meetings for Abbreviated SWP3s may be waived at the discretion of the [community engineer].
Mr. Cappello said, this is the same thing about Pre-Construction meeting, it makes sense.
M. Each temporary and permanent stormwater practice shall be designated with an individual identification number.
Mr. Cappello said, I don’t know if that’s something we need to do.
viii. Data sheets for all sediment traps, sediment basins, and SCMs that identify contributing drainage area, disturbed area, water quality volume, sedimentation volume, dewatering volume, practice surface area, facility discharge and dewatering time, outlet type and dimensions, and any other relevant parameters for each practice.
Mr. Cappello said, the data sheets are not a bad idea.
‘The applicant shall review the SWP3 with the primary contractor prior to commencement of construction activities and keep a SWP3 training log to demonstrate that this review had occurred.’
Mr. Cappello said, basically there’s a whole bunch of paperwork that these contractors on site have to do.
Mr. Cappello said, they recommend if you have a sediment basin, if it’s 10 feet wide, it has to be 20 feet long, they want to make it 40 feet long. I didn’t want to require that. If you could do it, great. Is it better? Yes, but you could do baffles.
F. Contaminated Soils Disposal and Runoff: Discovery of previously unknown contaminated soils onsite shall be self-reported to Ohio EPA and local authorities.
Mr. Cappello said basically, if the contractor finds it on site, he has to report it.
(D) For sites that will not be completed by October 1, a Pre-Winter Stabilization Meeting shall be held by the landowner and the developer, engineer and contractor of the project and the [community] prior to October 1, in order to plan and approve winter erosion and sediment controls as defined in the most current online edition of Rainwater and Land Development.
Mr. Cappello said, this is saying they want a meeting to see how the guys are going to stabilize it over the winter.
‘Certified inspection reports shall be submitted to the [community engineer] within seven (7) working days from the inspection and retained at the development site.’
Mr. Cappello said, I said NO to this. They wanted to send these to me. They need to keep all that stuff, between Cuyahoga Soil and Water and themselves.
Mr. Cappello said, they basically are saying here if you’ve been cited, you have a certain period of time to get it implemented. This makes sense.
(j) FINAL STABLIZATION. Final stabilization also requires the installation of permanent (post-construction) stormwater control measures (SCMs). Obligations under this ordinance shall not be completed until installation of post-construction BMPs is verified.
Mr. Cappello said, this is perfectly legitimate.
Mr. Cappello said, this goes into BOND Deposits. It’s in the ordinance already.
Summary of Erosion and Sediment Control Review
Mr. Cappello said, there’s nothing in here on the erosion model that was crazy, just tweaks. A lot of this is a process. They write these things then realize after five years after seeing something in the field that either a) certain things need to be improved or b) certain things don’t need to be done anymore. This is probably the third revision they’ve required us to do on these.
Mr. Marrelli said, it’s in response to issues they run into in the field that they think could be done better.
Mr. Fikaris asked, what’s the frequency this is updated?
Mr. Cappello replied, you’re going to see it every five years because the permit is renewed every five years.
Chairman Marquardt asked, any other issues?
There were none.
Law Dept making revisions.
Review Final Draft at next Ordinance Review meeting on Tues, Oct 11th @ 5:00 p.m.
Mr. Fikaris, seconded by Mrs. Wervey made a motion for adjournment.
Motion Carried. Meeting adjourned at 5:35 p.m.