(A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (B)   Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
   (C)   The term "shall" is always mandatory and not discretionary; the word "may" is permissive. The term "should" is permissive, but indicates strong suggestion to comply, complete or cooperate.
   (D)   The word or term not interpreted or defined by this article shall be construed according to the rules of grammar and common usage so as to give these regulations their most reasonable application.
   (E)   For the purpose of these regulations, the words and phrases defined below shall have the meanings respectively ascribed to them, unless a different meaning is clearly indicated by the context.
      AFFECTED EXISTING TERRAIN. That area of existing land surrounding a work area which may be influenced or impacted by the earthwork operations in the work area; may be located on the same site as the work area and/or on adjacent site(s).
      AGRICULTURE.  The science, art and business of cultivating soils, producing crops and raising livestock, as defined in City of Aurora, Indiana, Zoning Code § 152.004.
      BOND.  Surety bond issued by a corporate surety authorized to do business in the State of Indiana which bond shall be executed by the owner and the surety; may also include a cash deposit with the City of Aurora, Indiana, an irrevocable letter of credit in favor of the City of Aurora, Indiana and issued by a bank, or direct obligations of the United States of America deposited with the City of Aurora, Indiana.
      BORROW MATERIAL.  Earth material for grading purposes acquired from an offsite location.
      CHANNEL.  A natural stream that conveys water; a ditch or channel excavated for the flow of water.
      COMPACTION.  The densification of earth materials when creating a fill by mechanical or other approved means.
         (a)   A project executed progressively from start to finish without interruption; or
         (b)   A series of small isolated grading operations done concurrently or intermittently involving the movement of earth material within the same site.
      DESIGNER.  An architect or professional engineer, registered to practice in the State of Indiana, and as specifically defined in these regulations.
      DEVELOPMENT AREA.  Any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for commercial, industrial, residential or other purposes upon which earth-disturbing activities are planned or underway.
      DISTRICT. A soil and water conservation district, organized under the laws of the State of Indiana.
      DITCH.  An excavation either dug or natural for the purpose of drainage or irrigation with intermittent flow.
      DRAINAGE COURSE. A system of well defined natural or man-made facilities (such as one or more contiguous swales, valleys, streams, pipes or conduits) to continuously or intermittently convey runoff.
      DRAINAGEWAY.  An area of concentrated water flow other than a river, stream, ditch or grassed waterway.
      DUMPING. Grading, pushing, piling, throwing, unloading or placing of earth materials.
      EARTHWORK.  Operations involving the excavating or filling of land using earth materials.
      EARTH-DISTURBING ACTIVITY.  Any grading, excavating, filling, clear-cutting of trees/vegetation, or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which will have an effect on the stability of hillsides and slopes and contribute to erosion and sediment pollution.
      EARTH MATERIAL.  Soil sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil; any non-deleterious rock, natural soil or combination thereof.
      ENFORCING OFFICIAL.  That person and designated representatives charged by the City of Aurora with administration and enforcement of these regulations (§ 153.15).
      ENGINEERING GEOLOGIST.  An individual trained and having local experience in the application of the principles and methods of geology to civil engineering works, and who meets the requirements for full Member status in the Association of Engineering Geologists (AEG).
      EROSION. The wearing away of earth materials, either surface or subsurface, by the actions of water, wind, ice, gravity or a combination thereof.
      EXCAVATION.  Any mechanical act by which earth materials are removed, displaced or relocated, including the conditions resulting therefrom.
      EXISTING TERRAIN. The condition prior to any proposed land disturbance.
      EXPLORATORY EXCAVATION. Temporary excavation for gathering of technical data, which is not made in connection with any permanent construction.
      FILL. The deposit of earth materials by mechanical means, including the conditions resulting therefrom; includes both uncontrolled and engineered fills, but does not include building backfill.
      GRADING.  Any excavating, filling or combination thereof.
      GRASSED WATERWAY. A broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
      HAZARD. Any earth condition of considerable consequence to any property, or to public health and safety, which has been established through experience to be of certain or probable consequence, or which can be determined to be, or which is obviously a threat to property or public health and safety, including but not limited to conditions which cause inadequate drainage, erosion, sedimentation, disruption of the sewer system, slope stability problems or imposition of unsafe loads on structures or slopes.
      INSTABILITY. A state of disturbed slope equilibrium, identified through observation, measurement, analysis, or experience, which is of probable immediate or long-term consequence.
      LANDSLIDE.  The rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
      MONITORING. Site inspections during performance of construction work and upon completion, to determine compliance of the grading with the geotechnical design and permit requirements or in the case of a complaint registered with the Enforcing Official.
      OWNER. The person or persons shown in the Dearborn County Recorder's records as owner of the property, any agent of the owner or any person in current control of the property.
      PERSON. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof.
      PLANS AND SPECIFICATIONS.  The contract documents describing the minimum acceptable criteria for the work, which is to be performed.
      PUBLIC WATERS. Water within rivers, streams, ditches and lakes, except private ponds and lakes wholly within single properties or waters leaving property on which surface water originates.
      QUALIFIED GEOTECHNICAL ENGINEER. A registered Indiana Professional Engineer experienced in the application of the principles of Geotechnical Engineering (Soil Mechanics) in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
      REGISTERED ARCHITECT. An individual licensed in the State of Indiana to practice in the field of architecture pursuant to IC 25-4-1 et seq.
      REGISTERED PROFESSIONAL ENGINEER.  An individual licensed in the State of Indiana to practice in the field of engineering pursuant to IC 25-31-1 et seq.
      REGISTERED SURVEYOR.  An individual licensed in the State of Indiana to practice in the field of surveying pursuant to IC 25-21.5-1 et seq.
      RUNOFF.  Water which moves over the ground surface.
      SEDIMENT.  Solid material both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface above or below sea level.
      SEDIMENT BASIN. A barrier, dam or other suitable detention facility built across an area of waterflow to settle and retain sediment carried by the runoff waters.
      SEDIMENT CONTROL PLAN. Existing regulation, acceptable to the approving agency, of methods for controlling sediment pollution from accelerated erosion on a disturbed area of one or more contiguous acres or from erosion caused by accelerated runoff from a disturbed area of one or more contiguous acres.
      SEDIMENT POLLUTION. Failure to use management or conservation practices to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling or other solid disturbing activities on land used for farming or being developed for commercial, industrial, residential or other purposes.
      SEDIMENTATION. The process of accumulation of earth materials resulting from erosion.
      SENSITIVE LAND AREAS AND FORMATIONS.  Areas in which the ground surface is moving downhill (sliding or creeping), areas adjacent to ground surface movement, relatively steep land or areas that are underlain by land sliding susceptible geologic formations such as the Kope Formation.
      SITE.  Any lot or parcel of land, or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
      SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. SLOPE may also be expressed in percent, degrees or both from the horizontal.
      SLOUGHING.  A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
      SOIL LOSS. Soil relocated on or removed from a given site by the force of erosion and the redeposit of the soil at another site on land or in a body of water.
      STABILITY.  A state of slope equilibrium, identified through observation, measurement, analysis, or experience which affords an adequate margin of safety against immediate or long-term development of instability.
      STORM FREQUENCY.  The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
      STREAM.  A body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow may be seasonally intermittent.
      SURFACE PROTECTION.  Application of natural or mechanical measures which control erosion while allowing surface water to flow.
      TEMPORARY. An impermanent condition during the progress of work utilized for the shortest period of time practicable immediately prior to bringing the work into full compliance with these regulations.
      TOPSOIL.  Surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
      VEGETATIVE ESTABLISHMENT.  The planting and growth of selected grasses, ground cover, trees and shrubs as necessary to control erosion.
      WORK AREA. A specifically indicated area of land on which earthwork operations are under permit; may be a portion of a site or the entire site, depending on the topography.
(Ord. 2005-2, passed 3-21-05; Am. Ord. 2006-01, passed 3-20-06)