(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 occupancy permit.
(2) "Best Management Practices" (BMPs) means activities, practices and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants.
(3) "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 Chapter 1305 Permits, Bonds, Deposits and Fees.
(4) "City" means the City of Bedford, Ohio.
(5) "Channel" means a natural stream that conveys water or man-made structure or ditch excavated for the flow of water.
(6) "Concentrated Storm Water Runoff" means surface runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(7) "Conservation" means the wise use and management of natural resources.
(8) "Cut and Fill Slopes" means a portion of land surface or area from which soil material is excavated and/or filled, forming a slope or embankment.
(9) "Cuyahoga Soil and Water Conservation District" means the local section of Ohio Department of Natural Resources, organized under Ohio Revised Code Chapter 1515.
(10) "Denuded Area" means a portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered and which may result in or contribute to erosion and sedimentation.
(11) "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.
(12) "Drainage Pattern" means the path of flow of storm water runoff and the methods of collecting the water including sheet flows, ditches, swales, storm sewers, culverts, manholes, catch basins, trench drains, detention and retention basins and ponds.
(13) "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.
(14) "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.
(15) "Erosion" means the process by which the land surface is worn away and relocated by the action of water, wind, ice or gravity.
(16) "Erosion and Sediment Control Practices" means conservation measures used to control wearing away and movement of soils and includes structures, vegetation and management techniques.
(17) “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.
(18) "Grading" means earth-disturbing activity such as excavation, stripping, cutting, filling, stockpiling, dumping or any combination thereof.
(19) "Grubbing" means removing, clearing or scalping material such as roots, stumps or sod.
(20) "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity, in which the movement of the soil mass occurs along an interior surface of sliding.
(21) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" means general, group and individual storm water discharge permits, which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act.
(22) "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.
(23) "Occupancy Permit" means the permit issued by the City Building Commissioner as described in Chapter 1339 Real Property Occupancy Permits.
(24) "OEPA" means the Ohio Environmental Protection Agency.
(25) "Outfall" means an area where water flows from a structure, such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure, which is impacted by the velocity of flow in the structure.
(26) "Permit Holder". Person or entity with a building permit.
(27) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the Federal government or any combination thereof.
(28) "Post Development" means the condition and drainage pattern after an earth disturbing activity has been completed.
(29) "Project Site" means development area.
(30) "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.
(31) "Sediment" means 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.
(32) "Sediment Barrier" means a sediment control device such as a geotextile silt fence or filter strip, usually capable of controlling only small flow rates and as defined in "Rainwater and Land Development", (latest edition) Ohio's Standards for Stormwater Management Land Development and Urban Stream Protection (available from Ohio Department of Natural Resources, Division of Soil and Water Conservation).
(33) "Sediment Settling Facility" means a settling pond, meeting or exceeding the design specifications of a temporary sediment basin as defined in "Rainwater and Land Development", (latest edition) Ohio's Standards for Stormwater Management Land Development and Urban Stream Protection (available from Ohio Department of Natural Resources, Division of Soil and Water Conservation).
(34) "Sediment Control" means the limiting of sediment transport by controlling erosion or detaining sediment-laden water, allowing sediment to settle out and the implementing of Best Management Practices (BMPs).
(35) "Sensitive Area" means an area or water resource (as delineated prior to Storm Water Pollution Prevention 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)
(36) "Settling Pond" means a storm water runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.
(37) "Sheet Flow" means water runoff in a thin, uniform layer, or in rills, which is of small enough quantity to be treated by sediment barriers.
(38) "Sloughing" means 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.
(39) "Soil" means erodible earth material.
(40) "Storm Water Pollution Prevention Plan (SWPPP)" means a plan of the Development Area showing the proposed implementation of Best Management Practices, as defined in paragraph (b)(2) hereof.
(41) "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.
(42) "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.
(43) "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.
(44) "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). An ecological resource specialist who is on the Ohio Department of Transportation (ODOT) pre-qualifications list shall identify these areas.
(Ord. 7665-04. Passed 1-17-05.)