(a) In General. For the purpose of this chapter:
(1) Words used in the present tense include the future tense, and the singular includes the plural unless the context clearly indicates the contrary.
(2) The term "shall" is always mandatory and not discretionary; the word “may”is permissive.
(3) Any word or term used in these regulations but not defined in this section shall be given the standard or common interpretation.
(b) Specific Definitions. As used in this chapter:
(1) "Applicant" means the developer, owner or contractor applying for the building permit or the occupancy permit.'
(2) "Building Permit" means the permit to start construction after plans for the construction have been approved by the Building Commissioner or his assigns in accordance with City Ordinance Chapter 1305 Permits, Fees and Deposits.
(3) "City" means the City of Bedford, Ohio.
(4) "Channel" means a natural stream that conveys water or man-made paved channel or ditch excavated for the flow of water.
(5) "Critical Storm Method" means the method of comparing the pre-developed to the post developed storm water runoff to determine the volume of detention/retention required to prevent an increase in the runoff rate.
(6) "Cuyahoga Soil and Water Conservation District" means the local section of Ohio Department of Natural Resources.
(7) "Detention Facilities" means a storm water detention system consisting of detention basin, underground storage system, parking lot storage or infiltration system or a combination of these that include a properly engineered/designed volume, dedicated to the temporary storage and slow release of runoff water.
(8) "Development Area" means any tract, lot or parcel of land, where an earth disturbing activity is to be performed in accordance with a single plan of development.
(9) "Drainage Area" means all the area upstream of a specific point that contributes storm water runoff that passes through that point.
(10) "Drainage Pattern" means the path of flow of storm water runoff and the method of collecting the water including sheet flows, ditches, swales, storm sewers, culverts, manholes, catch basins, trench drains, detention basins, retention basins and ponds.
(11) "Earth Disturbing Activity" means any clearing, grubbing, grading, excavating, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(12) "Engineer".
"City Engineer" means the person selected by City Council to perform professional engineering services and hired by the City in accordance with the ordinance passed approving such hiring.
(13) "Federal Clean Waters Act" means the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) and any subsequent amendments thereto and its aim is to control and regulate the discharge of pollutants into all waters.
(14) "Frequency Storm" means a rainfall or other storm event of a magnitude with a specified average recurrence interval.
(15) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" mean general, group and individual storm water discharge permits that regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act.
(16) "Notice of Intent (NOI)" means an application form submitted to the Ohio Environmental Protection Agency (OEPA) whereby the applicant certifies their intent to comply with the general permit requirements of the NPDES permit.
(17) "Occupancy Permit" means the permit issued by the City Building Commissioner as described in Chapter 1339.
(18) "Off-Site Drainage" means the storm water runoff from an area outside of the project site that passes through the project site.
(19) "OEPA" means the Ohio Environmental Protection Agency.
(20) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the Federal government or any combination thereof.
(21) "Post Development" means the conditions and drainage pattern after an earth disturbing activity has been completed.
(22) "Pre Development" means the conditions and drainage pattern before an earth disturbing activity.
(23) "Project Site" means the Development Area.
(24) "Redevelopment" means removing existing buildings and facilities and constructing a new building and facilities.
(25) "Retention Basin" means a storm water management basin that maintains a permanent pool of water. These basins include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(26) "Riparian Zone" means a vegetated corridor or buffer zone adjacent to a stream or wetland area which functions to remove agricultural or landscaping nutrients or pesticides from storm runoff water before said water reaches the stream or wetland.
(27) "Sediment Trap" means a temporary sediment settling pond as defined in "Rainwater and Land Development", (latest edition) Ohio's Standards for Storm Water Management, Land Development and Urban Stream Protection (available from Ohio Department of Natural Resources, Division of Soil and Water Conservation).
(28) "Sensitive Area" means an area or water resource (as delineated prior to Storm Water Management plan approval) that requires special management because of its susceptibility to sediment pollution or because of its importance to the well being of the surrounding communities, the region or the State and includes:
A. Ponds, wetlands or small lakes with less than five acres of surface area;
B. Small streams with gradients less than ten feet per mile and with average annual flows of less than three and one-half feet per second containing sand or gravel bottoms;
C. Drainage areas of a locally or State designated scenic river; and
D. Slopes in excess of twenty-five percent. (4H:1V)
(29) "Sewer" means a pipe or culvert for conveyance of water.
(30) "Soil Conservation Service, USDA" means the Federal Agency titled the Soil Conservation Service which is an agency of the United States Department of Agriculture.
(31) "Storm Water" means any surface flow, runoff or drainage consisting entirely of water from rain storm events.
(32) "Storm Water Conveyance System" means all facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff or storing storm water runoff.
(33) "Storm Water Management Plan" includes plans, sketches, maps, narratives, calculations, details, etc., submitted as part of a site development plan, showing how permanent storm water management controls will be implemented.
(34) "Stream" means a body of water running or flowing on the earth's surface or the channel in which such flow occurs. Flow may be seasonally intermittent.
(35) "TR-55" means the Technical Release 55 of the Soil Conservation Service Engineering Division of the U.S. Department of Agriculture (USDA) that describes a procedure to calculate storm water runoff volume, peak discharge and storage required for detention/retention basins.
(36) "Unstable Soil" means a portion of the land surface that is prone to slipping, sloughing or landslides or is identified by Soil Conservation Service, USDA methodology as having low soil strength.
(37) "Water Resources" means all streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems and all other bodies or accumulations of surface water which are situated wholly or partly within the City except those private waters which do not combine or effect a junction with natural surface waters.
(38) "Wetlands" means those areas of land with sufficient moisture, soil type and supporting vegetation consistent with the definition of the United States Army Corp of Engineers (USACE). These areas shall be identified by an ecological resource specialist who is on the Ohio Department of Transportation (ODOT) pre-qualifications list.
(Ord. 7664-04. Passed 1-17-05.)