For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Best Management Practice (BMP): Also storm water control measure (SCMs).” Any practice or combination of management practices (both structural and nonstructural) 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 non-point sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(b) “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.
(c) “Channel.” A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(d) “Conservation.” The wise use and management of natural resources.
(e) “Critical storm.” A storm that is determined by calculating the percentage increase in volume of runoff by a proposed development area for the 1 year 24 hour event. The critical storm is used to calculate the maximum allowable storm water discharge rate from a developed site.
(f) “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.
(g) “Ditch.” An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(h) “Earth disturbing activity.” Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(i) “Erosion.” The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(j) “Erosion and sediment control.” 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.
(k) “Erosion and sediment control practices.” Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(l) “Existing.” In existence at the time of the passage of this chapter and these regulations.
(m) “Extended detention facility.” A storm water control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm water quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(n) “Federal Emergency Management Agency (FEMA).” The agency with overall responsibility for administering the National Flood Insurance Program.
(o) “Grading.” Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(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) “Grubbing.” Removing, clearing or scalping material such as roots, stumps or sod.
(r) “Impervious cover.” Any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
(s) “Infiltration control measure.” A storm water control measure that does not discharge to a water resource during the storm water quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining storm water pollutants in the facility.
(t) “Intermittent stream.” A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months.
(u) “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.
(v) “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.
(w) “Local county SWCD.” The local county Soil and Water Conservation District.
(x) “Low impact development (LID).” A site design approach, which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID's goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire storm water. LID storm water control measures (SCMs) are uniformly and strategically located throughout the site.
(y) “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 storm water;
(3) Which is not a combined sewer; and
(4) Which is not a part of a publicly owned treatment works.
(z) “Natural Resources Conservation Service (NRCS).” An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(aa) “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.
(bb) “Nonstructural storm water control measure (SCM).” Any technique that uses natural practices, processes, and features to prevent or reduce the discharge of pollutants to water resources and control storm water volume and rate.
(cc) “Ohio EPA.” The Ohio Environmental Protection Agency.
(dd) “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.
(ee) “Person.” Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, State agency, the Federal government, or any combination thereof.
(ff) “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.
(gg) “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.
(hh) “Redevelopment.” A construction project on land that has been previously developed and where the new land use will not increase the runoff coefficient used to calculate the water quality volume. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.
(ii) “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.
(jj) “Riparian area.” Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to, 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.
(kk) “Riparian setback.” Those lands within the City which are alongside streams, and which fall within the area that the City prohibits and restricts changes in land use and the building of structures.
(ll) “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.
(mm) “Sediment basin.” 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.
(nn) “Sediment control.” The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(oo) “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.
(pp) “Sediment trap.” A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
(qq) “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 designated or an Ohio designated scenic river.
(4) Riparian and wetland areas.
(rr) “Settling pond.” A runoff detention structure, such as a sediment basin or sediment trap, which detains sediment-laden runoff, allowing sediment to settle out.
(ss) “Sheet flow.” Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(tt) “Slip.” A landslide as defined under “Landslide.”
(uu) “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.
(vv) “Soil.” Unconsolidated erodible earth material consisting of minerals and/or organics.
(ww) “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.
(xx) “Soil stabilization.” Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seed, mulch, sod, pavement, etc.
(yy) “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.
(zz) “Stabilization.” The use of Best Management Practices or storm water control measures that reduce or prevent soil erosion by storm water runoff, trench dewatering, wind, ice, gravity, or a combination thereof.
(aaa) “Stormwater or storm water.” Defined at 40 CFR 122.26(b)(13) and means storm water runoff, snow melt runoff and surface runoff and drainage.
(bbb) “Storm water control measure (SCM): Also Best Management Practice (BMP).” 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 storm water 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 BMPs at http://water.epa.gov/polwaste/npdes/swbmp/i ndex.cfm.
(ccc) “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.
(ddd) “Stream.” A body of water running or flowing on the earth's surface, or a channel with defined bed and banks in which such flow occurs. Flow may be seasonally intermittent.
(eee) “Structural storm water management practice or storm water control measure (SCM).” Any constructed facility, structure, or device that or reduces the discharge of pollutants to water resources and controls storm water volume and rate
(fff) “Surface waters of the State: Also water resource.” 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.
(ggg) “USEPA.” The United States Environmental Protection Agency.
(hhh) “Watercourse.” Any natural, perennial, or intermittent channel, stream, river or brook.
(iii) “Water quality volume (WQv).” The volume of storm water 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.
(jjj) “Water resource or 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 R.C. § 6111.01 are not included.
(kkk) “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.
(lll) “Wetland setback.” Those lands within the City that fall within the area defined by the criteria set forth in these regulations.
(Ord. 10088-2017. Passed 6- 20-17.)