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For the purpose of this chapter, the following terms shall have the meaning herein indicated:
(a) “Acre.” A measurement of area equaling 43,560 square feet.
(b) “As-built survey.” A survey shown on a plan or drawing prepared by a registered surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(c) “Best management practices (BMPs).” Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other practices to reduce the pollution of water resources and to control storm water volume and rate.
(d) “Clean Water Act.” Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(e) “Community.” The City of Avon Lake, its designated representatives, boards, or commissions.
(f) “Comprehensive Storm Water Management Plan.” The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
(g) “Critical storm.” A storm that is calculated by means of the percentage increase in volume of runoff by a proposed development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a developed site.
(h) “Debris.” Any gathered or exposed particulates that are subject to transport by storm water facilities in whole or part by ordinary storm water flow.
(i) “Detention facility.” A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of storm water leaving the facility by temporarily storing a portion of the storm water entering the facility.
(j) “Development area.” A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.
(k) “Development drainage area.” A combination of each hydraulically unique watershed with individual outlet points on the development area.
(l) “Disturbance.” Any activity involving the addition or removal of soil or the alteration of existing land surfaces.
(m) “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
(n) “Drainage.” The removal of excess surface water or groundwater from land by surface or subsurface drains.
(o) “Erosion.” The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(p) “Extended conveyance.” A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.
(q) “Extended detention.” A storm water management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(r) “Final stabilization.” All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
(s) “Grading.” The process in which the topography of the land is altered to a new slope.
(t) “Hydrologic unit code.” A cataloguing system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(u) “Impervious cover.” Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(v) “Infiltration.” A storm water management practice that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the ground water and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
(w) “Larger common plan of development.” A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(x) “Maximum extent practicable.” The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(y) “NPDES.” National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.
(z) “Nonstructural storm water management practice.” Storm water runoff control and treatment techniques that use natural practices to control runoff and/or reduce pollution levels.
(aa) “Post-development.” The conditions that exist following the completion of soil- disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
(bb) “Pre-construction meeting.” Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as approved and submitted.
(cc) “Pre-development.” The conditions that exist prior to the initiation of soil-disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of storm water runoff.
(dd) “Professional engineer.” A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(ee) “Redevelopment.” A construction project on land where impervious cover has previously been developed and where the new land use will not increase the runoff coefficient. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project. (Refer to Table 1 in Section 1060.09)
(ff) “Riparian area.” Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(gg) “Riparian and wetland setback.” The real property adjacent to a water resource on which soil-disturbing activities are limited, all as defined by the requirements of Section 1058.11.
(hh) “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(ii) “Sediment.” The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(jj) “Sedimentation.” The deposition of sediment in water resources.
(kk) “Site owner/operator.” Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, County or State agency, the Federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.
(ll) “Soil-disturbing activity.” Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human-made ground cover is destroyed and that may result in, or contribute to, increased storm water quantity and/or decreased storm water quality.
(mm) “Stabilization.” The use of best management practices that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(nn) “Storm Water Manager.” The employee designated by the Public Works Director to administer the storm water program for the City in accordance with the Storm Water Pollution Prevention Program Manual.
(oo) “Structural storm water management practice.” Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of storm water runoff.
(pp) “Surface waters of the State.” All streams, lakes, reservoirs, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the State, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Ohio R.C. 6111.01 are not included.
(qq) “Total maximum daily load.” The sum of the existing and/or projected point source, non-point source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A “TMDL” sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensures attainment and maintenance of water quality standards.
(rr) “Water quality volume.” The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture volume as defined in the American Society of Civil Engineers (ASCE) Manual and Report on Engineering Practice No. 87 and Water Environment Federation Manual of Practice No. 23 titled Urban Runoff Quality Management.
(ss) “Water resource.” Any public or private body of water; including wetlands; the area within the ordinary high water level of lakes and ponds; as well as the area within the ordinary high water level of any brook, creek, river, or stream having a defined bed and bank (either natural or artificial) which confines and conducts continuous or intermittent flow.
(tt) “Water resource crossing.” Any bridge, box, arch, culvert, truss, or other type of structure intended to convey people, animals, vehicles, or materials from one side of a watercourse to another. This does not include private, noncommercial footbridges or pole-mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
(uu) “Watershed.” The total drainage area contributing storm water runoff to a single point.
(vv) “Wetland.” Those areas that are inundated or saturated by surface or ground water at 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, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(Ord. 88-2012. Passed 6-25-12; Ord. 26-2013. Passed 3-25-13; Ord. 43-2014. Passed 4-14-14.)