For purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) "Abbreviated stormwater pollution prevention plan (SWP3)" means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(b) "Acre" is a measurement of area equaling 43,560 square feet.
(c) "Administrator" means the person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.
(d) "As-built survey" means 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.
(e) "Clean Water Act" means 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.
(f) "Commencement of construction" means the initial disturbance of soils associated with clearing, grubbing, grading placement of fill, or excavating activities or other construction activities.
(g) "Community," throughout this regulation, this shall refer to the Village of Brooklyn Heights, its designated representatives, boards, or commissions.
(h) "Comprehensive stormwater management plan" means 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.
(i) "Concentrated stormwater runoff" means any stormwater runoff that flows through a drainage pipe, ditch, diversion, or other discrete conveyance channel.
(j) "Construction entrance" means the permitted points of ingress and egress to development areas regulated under this regulation.
(k) "Critical storm" means 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.
(l) "Development area" means 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.
(m) "Development drainage area" means a combination of each hydraulically unique watershed with individual outlet points on the development area.
(n) "Dewatering volume." See current Ohio Rainwater and Land Development Manual.
(o) "Discharge" means the addition of any pollutant to surface waters of the State from a point source.
(p) "Disturbance" means any clearing, grading, grubbing, excavating, filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils.
(q) "Disturbed area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(r) "Drainage."
(1) The area of land contributing surface water to a specific point.
(2) The removal of excess surface water or groundwater from land by surface or subsurface drains.
(s) "Drainage watershed" means for the purpose of this regulation the total contributing drainage area to a SCM, i.e., the "watershed" directed to the practice. This includes offsite contributing drainage.
(t) "Drainage way" means a natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
(u) "Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(v) "Erosion and sediment control" means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(w) "Extended detention facility" means a stormwater management practice that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least twenty-four to forty-eight hours, retarding flow and allowing pollutants to settle within the facility.
(x) "Final stabilization" means 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 measures, such as the use of mulches or geotextiles, have been employed.
(y) "Grading" is the process in which the topography of the land is altered to a new slope.
(z) "Green infrastructure" means wet weather management approaches and technologies that utilize enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
(aa) "Grubbing" means removing or grinding of roots, stumps and other unwanted material below existing grade.
(bb) "Hydrologic Unit Code (HUC)" is a cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(cc) "Impervious" means that which does not allow infiltration.
(dd) "Impervious cover" means 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.
(ee) "Infiltration control measure" means a stormwater control measure 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.
(ff) "Landscape architect" means a professional landscape architect registered in the State of Ohio.
(gg) "Larger common plan of development or sale" means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(hh) "Maximum extent practicable (MEP)" is the technology-based discharge standard for municipal separate storm sewer systems to reduce pollutants in stormwater discharges that was established by the Clean Water Act §402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR 122.34.
(ii) "Municipal separate storm sewer system (MS4)" means 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 Federal Water Pollution Control Act that discharges into surface waters of the State;
(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.
(jj) "Nonstructural stormwater control measure (SCM)" means 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.
(kk) "National Pollutant Discharge Elimination System (NPDES)" means the National program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits and enforcing pretreatment requirements, under sections 307, 402, 318, 405 under the Clean Water Act.
(ll) "Operator" means 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.
(mm) "Ordinary high water mark" means 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.
(nn) "Owner or operator" means the owner or operator of any "facility or activity" subject to regulation under the NPDES program.
(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.)
(oo) "Parcel" means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a 'permanent parcel number' assigned by the Cuyahoga County Auditor's Office.
(pp) "Percent imperviousness" means the impervious area created divided by the total area of the project site.
(qq) "Permanent stabilization" means establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip rap, and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further disturbance is expected for at least one year.
(rr) "Person" means 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.
(ss) "Phasing" means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(tt) "Point source" means any discernible, confined and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or the floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
(uu) "Post-development" means 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.
(vv) "Pre-construction meeting" is a 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.
(ww) "Pre-development" means 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.
(xx) "Professional engineer" means a registered professional engineer registered in the State of Ohio.
(yy) "Qualified inspection personnel" means a person knowledgeable in the principles and practice of erosion and sediment controls, who possess the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of stormwater discharges from the construction activity.
(zz) "Rainwater and land development" means 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.
(aaa) "Redevelopment" means 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.
(bbb) "Riparian area" means 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.
(ccc) "Riparian and wetland setback" means the real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by riparian setbacks.
(ddd) "Runoff" means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(eee) "Runoff coefficient" means the fraction of rainfall that will appear at the conveyance as runoff.
(fff) "Sediment" means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(ggg) "Sedimentation" means the deposition or settling of sediment.
(hhh) "Sediment settling pond" means a sediment trap, sediment basin or permanent basin that has been temporarily modified for sediment control, as described in the latest edition of Rainwater and Land Development.
(iii) "Sediment storage volume." See current edition of Ohio Rainwater and Land Development.
(jjj) "Setback" means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.
(kkk) "Site owner/operator" means 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.
(lll) "Soil disturbing activity" means 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, erosion and sediment pollution, increased stormwater quantity and/or decreased stormwater quality.
(mmm) "Soil & Water Conservation District" means an entity organized under R.C. Chapter 940 referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as Cuyahoga SWCD.
(nnn) "Stabilization" means the use of SCMs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(ooo) "Steep slopes" are slopes that are fifteen percent or greater in grade.
(ppp) "Stormwater" is defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(qqq) "Stormwater control measure (SCM)" means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources. SCMs also include treatment requirements, operating procedures, and practices to control facility and/or construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.
(rrr) "Stormwater pollution prevention plan (SWP3)" means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(sss) "Structural stormwater control measure (SCM)" means any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
(ttt) "Subdivisions, major and minor." See Ohio Administrative Code 711.001 for definition.
(uuu) "Surface outlet" means a dewatering device that only draws water from the surface of the water.
(vvv) "Surface water of the State": also "water resource or water body" means any stream, lake, reservoir, pond, 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 R.C. § 6111.01 are not included.
(www) "Temporary stabilization" means the establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
(xxx) "Topsoil" means the upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.
(yyy) "Total maximum daily load (TMDL)" means the sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water resource or wetland, or water resource or wetland segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standard.
(zzz) "Unstable soils" means a portion of land that is identified by the Village Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(aaaa) "Village," throughout this regulation, shall refer to the Village of Brooklyn Heights, its designated representatives, boards, or commissions.
(bbbb) "Water quality volume (WQv)" means 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.
(cccc) "Water resource": also "surface water of the State" means 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 R.C. § 6111.01 are not included.
(dddd) "Water resource crossing" means 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.
(eeee) "Watershed" means the total drainage area contributing stormwater runoff to a single point.
(ffff) "Wetland" means 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).
(gggg) "Wetland consultant" means 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. 63-2017. Passed 12-5-17.)