As used in this chapter, the following words and terms shall mean the following:
APPROVING AUTHORITY: The official responsible for administering the applicable program(s).
BEST MANAGEMENT PRACTICE (BMP): Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A person that has subscribed to the Code of Ethics and have met the requirements established by the CPESC Council of Certified Professional In Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control.
CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
COMMUNITY: Community shall mean the City of Berea, State of Ohio, and its designated agents and representatives.
CONCENTRATED STORM WATER RUNOFF: Surface water 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.
CONSERVATION: The wise use and management of natural resources.
CUT AND FILL SLOPES: A portion of land surface or area from which soil material is excavated and/or filled.
DENUDED AREA: 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.
DETENTION BASIN: A storm water management pond that remains dry between storm events. Storm water management ponds include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of runoff waters.
DEVELOPMENT AREA: Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.
DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
DUMPING: The grading, pushing, piling, throwing, unloading or placing of soil or other material.
EARTH DISTURBING ACTIVITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
EARTH MATERIAL: Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
EXISTING: In existence at the time of the passage of these regulations.
FREQUENCY STORM: A rainfall event of a magnitude having a specified average recurrence interval and which is calculated with Natural Resources Conservation Service, USDA Type II twenty-four hour curves or depth-duration frequency curves.
GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
LANDSLIDE: 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.
LOCAL COUNTY SWCD: The local county Soil and Water Conservation District.
Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
NPDES PERMIT: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the US EPA, and derived from the Federal Clean Water Act.
OHIO EPA: The Ohio Environmental Protection Agency.
ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
OUTFALL: 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.
PERSON: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
PROFESSIONAL ENGINEER: A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
RETENTION BASIN: A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
RIPARIAN SETBACK: Those lands within the Community which are alongside streams where earth disturbing activities will not take place and natural vegetation will not be removed.
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 either on dry land or in a body of water.
SEDIMENT SETTLING POND: A temporary Sediment Pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary Sediment Basins.
SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water and, allowing the sediment to settle out.
SEDIMENT BARRIER: A sediment control device such as a geotextile Silt Fence or a grass Filter Strip, usually capable of controlling only small flow rates. (Straw bale barriers are not acceptable.)
SEDIMENT POLLUTION: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
SENSITIVE AREA: An area or water resource that requires special management because of its
susceptibility to sediment pollution, or because of its importance to the well-being of the surrounding communities, region, or the state and includes, but is not limited to, the following:
   (1)   Ponds, wetlands or small lakes with less than five acres of surface area;
   (2)   Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
   (3)   Drainage areas of a locally or Ohio designated Scenic River.
   (4)   Riparian and wetland areas.
SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
SLIP: A landslide as defined under "Landslides."
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: Unconsolidated erodible earth material consisting of minerals and/or organics.
SOIL CONSERVATION SERVICE, USDA: The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture.
SOIL EROSION AND SEDIMENT CONTROL PLAN: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
SOIL EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
SOIL STABILIZATION: Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seeding, mulch, sod, pavement, etc.
SOIL SURVEY: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
STORM WATER CONTROL STRUCTURE: Practice used to control accelerated storm water runoff from development areas.
STORM WATER CONVEYANCE: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
STORM WATER POLLUTION PREVENTION PLAN (SWP3): The plan required by Ohio EPA to meet the requirements of its National Pollutant Discharge Elimination System (NPDES) Permit program for construction activities.
STREAM: A body of water running or flowing on the earth's surface, or a channel with a defined bed and banks in which such flow occurs. Flow may be seasonally intermittent.
UNSTABLE SOIL: A portion of land surface or area which is prone to slipping, sloughing or landslides, or is identified by Natural Resources Conservation Service methodology as having a low soil strength.
USEPA: The United States Environmental Protection Agency.
WASTEWATER: Any water that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals, paint, paint washing liquids or other paint wastes, sanitary wastes, or any other Ohio EPA regulated contaminants.
WATERCOURSE: Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river or brook.
WATER RESOURCES: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
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 Codified Federal Register (CFR) 232, as amended). Wetlands shall be delineated by a site survey approved by the Community using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.
WETLAND SETBACK: Those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed.
WINTER: October 1st to April 1st of each year.
(Ord. 2011-4.  Passed 1-3-11.)