For the purpose of this regulation, 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 professional 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) “City engineer.” The City Engineer shall mean the City's Engineer, its consulting engineer or engineering firm, any engineer or engineering firm hired by the City to perform work for the City on any given project or any designee of one of the above, e.g., a City Building Inspector designated to perform stormwater inspections.
(d) “Clean Water Act.” Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, 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, its designated representatives, boards, or commissions.
(f) “Comprehensive Stormwater Management Plan.” The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater 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 stormwater quality and stream channels.
(g) “Critical storm.” A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the one year twenty-four hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
(h) “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.
(i) “Development drainage area.” A combination of each hydraulically unique watershed with individual outlet points on the development area.
(j) “Disturbed area.” An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(k) “Drainage.” The removal of excess surface water or groundwater from land by surface or subsurface drains.
(l) “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.
(m) “Extended detention facility.” An SCM that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm event to improve stormwater quality over at least twenty-four to forty-eight hours, retarding flow and allowing pollutants to settle within the facility.
(n) “Final stabilization.” All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
(o) “Grading.” The process in which the topography of the land is altered to a new slope.
(p) “Green infrastructure.” Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
(q) “Hydrologic Unit Code.” A cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(r) “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.
(s) “Infiltration control measure.” An SCM that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
(t) “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.
(u) “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 Stormwater Phase II, must meet.
(v) “Municipal separate storm sewer system (MS4).” A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are:
(1) Owned or operated by the Federal government, State, municipality, township, county, district, or other public body (created by or pursuant to State or Federal law) including a special district under State law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into water resources;
(2) Designed or used for collecting or conveying solely stormwater;
(3) Which is not a combined sewer; and
(4) Which is not a part of a publicly owned treatment works.
(w) “National Pollutant Discharge Elimination System (NPDES).” 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.
(x) “Nonstructural stormwater control measure (SCM).” Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.
(y) “Owner or operator.” Any party associated with a construction project that meets either of the following two criteria:
(1) The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a Stormwater Pollution Prevention Plan (SWP3) for the site or other permit conditions (e.g. they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions.)
(z) “Ordinary high water mark.” The line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
(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 stormwater 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 submitted and approved.
(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 stormwater 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) “Rainwater and Land Development Manual.” Ohio's standards for stormwater management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.
(ff) “Redevelopment.” Sites that have been previously developed where no post construction SCMs were installed shall either ensure a twenty percent net reduction of site impervious area, provide for treatment of at least twenty percent of the WQv, or a combination of the two. A one-for-one credit towards the twenty percent net reduction of impervious area can be obtained through the use of green roofs and/or pervious pavement. Where projects are a combination of new development and redevelopment, the total WQv that must be treated shall be calculated by a weighted average based on acreage with the new development at 100 percent WQv and redevelopment at twenty percent WQv.
(gg) “Riparian area.” Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize stream banks, 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.
(hh) “Riparian and wetland setback.” The real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by Chapter 1051 - Establishment of Riparian Zones.
(ii) “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(jj) “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.
(kk) “Sedimentation.” The deposition of sediment in water resources.
(ll) “Site owner or 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.
(mm) “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 stormwater quantity and/or decreased stormwater quality.
(nn) “Stabilization.” The use of SCMs that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(oo) “Stormwater.” Defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(pp) “Stormwater control measure (SCM).” Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA's National Menu of SCMs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.
(qq) “Stormwater control measure (SCM).” Any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
(rr) “Surface water of the State (also water resource).” Any stream, lake, reservoir, marsh, wetland, or other waterway 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.
(ss) “Total maximum daily load (TMDL).” The sum of the existing and/or projected point source, nonpoint 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.
(tt) “Water quality volume (WQv).” The volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.
(uu) “Water resource (also surface water of the State).” Any stream, lake, reservoir, pond, marsh, wetland, or waterway 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.
(vv) “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, non-commercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below grade utility lines.
(ww) “Watershed.” The total drainage area contributing stormwater runoff to a single point.
(xx) “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).
(yy) “Wetland consultant.” Individuals competent in the areas of botany, hydric soils and wetland hydrology that provide professional services or advise, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(Ord. 133-16. Passed 12-27-16.)