For the purpose of the stormwater regulations, the following terms, phrases, and definitions shall apply. Words used in the singular shall include the plural, and the plural, the singular. Words used in the present tense shall include the future tense. The word SHALL is mandatory and not discretionary. The word MAY is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined by the latest edition of Webster's Dictionary.
AGRICULTURE. The art or science of cultivating the ground, including the harvesting of crops, and the rearing and management of livestock; farming.
APPLICANT. Any person or duly designated representative applying for a permit or other type of city, federal, or state regulatory approval to proceed with a project.
AS-BUILT PLANS. The final plans amended to include all locations, dimensions, elevations, capacities, capabilities, as actually constructed and installed.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibition of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of waters. BMP's also include treatment requirements, operating procedures, and practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BLUE-LINE STREAM. Those streams shown on USGS 7.5' Quad maps with solid or dashed blue lines.
CLEARING. The removal of trees, brush, and other ground cover from a part of the land, but shall not include mowing.
COMPENSATING STORAGE. Equivalent floodplain storage provided to counterbalance floodplain filling.
CONSERVATION. The wise use and management of natural resources.
CONSTRUCTION. The erection, alteration, repair, renovation, demolition or removal of any building or structure; and the clearing, stripping, excavating, filling, grading, and regulation of sites with connection therewith.
CONSTRUCTION ENTRANCE. The permitted points of ingress and egress to construction sites regulated under this regulation which reduce the mud, dust and dirt tracked out of the site.
DAMAGED OR DISEASED TREES. Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.
DENUDE. The act of stripping, scraping, and/or scalping a site of vegetation, thus exposing bare soil.
DETENTION or TO DETAIN. The retardance of, or to retard or slow, the discharge, directly or indirectly, of a given volume of stormwater runoff into surface waters in a facility that does not contain a permanent or normal pool of water.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect the development of land for himself or herself or for another.
DEVELOPMENT AREA. Any contiguous (abutting) area owned by one or more person(s) or developed as a single phase or multiple phases (units) and used or being developed or redeveloped, for non-farm commercial, industrial, residential, or other non-farm purposes upon which earth-disturbing activities are planned or underway.
DEVELOPMENT or DEVELOPMENT ACTIVITY. The alteration, construction, installation, demolition or removal of a structure, impervious surface or drainage facility; or clearing, scraping, grubbing, killing or otherwise removing the vegetation from a site; or adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise significantly disturbing the soil, mud, sand or rock of a site.
DISCHARGE. The outflow of water from a project, site, aquifer, drainage basin or facility.
DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or other earth disturbing activities.
DITCH. A constructed channel for irrigation or stormwater conveyance.
DRAINAGE. The removal of excess surface water or groundwater from land by surface or subsurface drains.
DRAINAGE AREA. The area of land contributing surface water to a specific point.
DUMPING. Grading, pushing, pilling, throwing, unloading, or placing of fill material, composed of earth, soil, rock, sand, gravel, or demolition 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 and which may result in or contribute to erosion and sediment pollution.
EASEMENT. A grant by a property owner for the use of a specified portion of land for a specified purpose.
EROSION.
(1) The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.
(2) Detachment and movement of soil or rock fragments by wind, water, ice or gravity.
(3) Erosion includes:
(a) Accelerated erosion. Erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
(b) Floodplain erosion. Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.
(c) Gully erosion. A type of erosion caused by concentrated runoff that removes soil such that channels are formed and/or become considerably deeper than what would otherwise result by normal smoothing or tilling operations.
(d) Natural (geological) erosion. The wearing away of the earth's surface by water, ice or other natural agents under natural environmental conditions of clime, vegetation, etc., undisturbed by man.
(e) Normal erosion. The gradual erosion of land used by humans which does not greatly exceed natural erosion.
(f) Rill erosion. An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.
(4) Sheet erosion. The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
(5) Stream erosion. Erosion of the bank or bottom due to the high velocity of flow within the stream.
EROSION AND SEDIMENT CONTROL. Physical, mineral, procedural, and organic measures 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.
EXEMPTION. Those activities that are not subject to the requirements contained in this regulation.
EXTENDED DRY DETENTION. A drainage facility designed to capture the water quality volume, release 50% of it in no less than 16 hours, and the remainder in no less than 32 hours (for a total of 48 hours).
FINAL STABILIZATION. Establishment of a uniform perennial vegetative cover with a density of at least 70% of the cover for the disturbed area, or equivalent stabilization measures (such as the use of mulches or geotextiles) employed after all earth disturbing activities have been completed.
FINISHED GRADE. The final grade or elevation of the ground surface conforming to the approved site grading plan.
FOREBAYS. Areas located at detention basin inlets that are designed to trap coarse sediment particles by separating approximately ten percent of the extended detention basin volume from the remainder of the basin with a lateral sill, rock-filled gabions, a retaining wall, or horizontal rock filters.
GRADING. The stripping, cutting, filling, stockpiling, or any combination thereof of earth disturbing activities, including land in its cut or filled conditions.
GRUBBING. Any activity which removes or significantly disturbs the root matter within the ground.
GROUNDWATER. Water below the surface of the ground whether or not flowing through known or defined channels.
HYDROGRAPH. A graph of discharge versus time for a selected point in the drainage system.
MAINTENANCE. The action taken to restore or preserve the as-built functional design of any facility or system.
NATURAL SUCCESSION. A gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.
NOXIOUS WEED. Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of this regulation shall prevail.
100-YEAR FLOODPLAIN. Any land susceptible to being inundated by water from a base flood, which is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations, the 100-year floodplain shall be defined and approved by the City Engineer or designee.
OPEN CHANNEL. A ditch, channel, swale, or other open conveyance that is not a stream and is used to safely convey stormwater runoff.
ORDINARY HIGH WATER MARK. The point on the bank or shore to which the presence and action of surface water is so continuous as to leave a distinctive mark by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the channel of a stream.
OUTDOOR ACTIVITY AREAS. Areas where pollutants are or may become more concentrated than typical urban runoff as characterized by the USEPA National Urban Runoff Program (NURP), as listed below or otherwise defined by the City Engineer:
(1) Industrial material, waste handling, and storage areas, including but not limited to loading docks, fuel and other liquid storage/dispensing facilities, material bins, containers, stockpiles, and other storage containers, waste dumpsters, bins, cans, tanks, stockpiles, and other waste containers.
(2) Processing, manufacturing, fabrication, cleaning, or other permanent outdoor equipment or work areas.
(3) Areas where vehicles and equipment are repaired, maintained, stored, disassembled, rinsed, cleaned or disposed.
OWNER. The person in whom is vested the fee, ownership, dominion, or title of property (i.e., the proprietor). This term may also include a tenant, if chargeable under his or her lease for the maintenance of the property, and any agent of the owner or tenant including a developer.
PARCEL or PARCEL OF LAND. A contiguous quantity of land in possession or owned by, or recorded as property of the same claimant person as of the effective date of the stormwater regulations.
PERMITTEE. Any person who has been granted a permit to proceed with a project.
PERSON. Any individual, firm, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common business interest, or any other legal entity.
POLLUTION. Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; livestock, wildlife, including birds, fish or other aquatic life.
POST-DEVELOPMENT. The average conditions as of the completion of the development for which a permit has been applied.
PRE-DEVELOPMENT. The hydrologic and hydraulic condition of the project site immediately before development or construction begins.
PROFESSIONAL ENGINEER. A professional engineer licensed by the State of Ohio, skilled in the practice of civil engineering and the engineer of record for the project under consideration.
PROHIBITED DISCHARGES. Any discharges which are not composed entirely of stormwater unless authorized under a discharge permit issued by the OEPA.
RECHARGE. The inflow of water into an aquifer.
RETENTION or TO RETAIN. The prevention of, or to prevent, the discharge, directly or indirectly, of a given volume of stormwater runoff into surface waters in a facility that has a permanent or normal pool of water.
RIPARIAN AREA. A transitional area between flowing water and land covered by terrestrial vegetation that provides a continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. Riparian areas, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.
SEDIMENT. Solid material, both mineral and organic, that is or was in suspension, is being or has been transported, or has been moved from its site of origin by air, water, gravity, or ice, and has come to rest on the earth's surface either above or below water.
SEDIMENT BASIN. Sedimentation control devices such as ponds or traps that are designed to collect concentrated runoff from disturbed areas, settle and retain sediment in the runoff, and discharge the runoff water to a stabilized channel or pipe.
SEDIMENTATION CONTROL DEVICE. Any structure or area which is designed to hold runoff water until suspended sediments have settled.
SINKHOLE. A depression characterized by closed contours on a topographic map.
SITE. Any lot or parcel, or a series of lots or parcels of land adjoining or contiguous or joined together under one ownership where clearing, stripping, grading or excavating is performed.
STABILIZATION. The use of BMPs, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
STORM EVENT. The storm of a specific duration, intensity, and frequency.
STORMWATER or RUNOFF. Refers to the flow of water which results from, and which occurs during and immediately following a rainfall event.
STORMWATER CONTROL MEASURES. Can also be known as BMPs, but here it is used to describe the allowable methodologies for handling stormwater quantity and quality control as outlined in our stormwater design manual.
STORMWATER FACILITY. Any natural or constructed component of the stormwater management system.
STORMWATER MANAGEMENT PLAN. Refers to the approved detailed analysis, design, and drawings of the stormwater management system, including erosion and sediment controls and other management practices and stormwater control measures for construction activities, required for all construction.
STORMWATER MANAGEMENT SYSTEM. All natural and constructed stormwater control measures used for the conveyance, cleaning and storage of stormwater through and from a drainage area, including, but not limited to, any and all of the following: channels, ditches, swales, flumes, culverts, streets, streams, watercourses, waterbodies, wetlands detention/retention facilities, and treatment devices.
STORMWATER MASTER PLAN. The technical and policy manuals and any subsequent updates or amendments thereto used by the City Engineer to administer the stormwater regulations.
STORMWATER QUALITY. Any liquid, solid, or semi-solid substance, or combination thereof, that enters stormwater runoff in concentrations or quantities large enough to contribute to the degradation of the beneficial uses of the body of water receiving the discharge.
STORMWATER QUALITY TREATMENT. The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.
STREAM. A channel having a well-defined bed and bank, either natural or artificial which confines and conducts continuous or periodic flowing water in such a way that terrestrial vegetation cannot establish roots within the streambed. Includes intermittent, ephemeral and perennial streams and streams identified by USGS or NRCS maps.
STREAM CORRIDOR PROTECTION ZONE (SCPZ). The area set back along a stream to protect the riparian area and stream from impacts of development, and streamside residents from impacts of flooding and land loss through erosion. SCPZs are those lands within the city that fall within the area defined by the criteria set forth in these regulations.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover.
STRUCTURE. Anything constructed or installed with a fixed location on the ground, or attached to something having a fixed location on the ground.
SUBGRADE. The top elevation of graded and compacted earth underlying roadway pavement.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or would exceed, 50% of the market value of the structure before the damage occurred.
SWALE. An artificial or natural waterway which may contain contiguous areas of standing or flowing water only following a rainfall event, or is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake, or is designed to take into account the soil erodibility, soil percolation, slope, slope length, and contributing area so as to prevent erosion and reduce the pollutant concentration of any discharge. Also see definitions for OPEN CHANNEL and DITCH.
TAIL WATER. The water into which a spillway or outfall discharges.
TEMPORARY SOIL EROSION AND SEDIMENT CONTROL MEASURES. Interim control measures installed or constructed to control soil erosion until permanent soil erosion control measures are established.
TERRESTRIAL VEGETATION. Upland vegetation and facultative upland vegetation, as defined in the National Wetland Plant List.
TOPSOIL. Surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
WAIVER. A permit of conditional exemption from the regulation in part or in whole, as specified by the approving agent, in a formal written statement. A waiver from the regulation shall not be assumed to be in effect, without the expressed written statement from the city.
WATERBODY or RECEIVING WATERS. Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline and into which surface waters flow.
WATERCOURSE. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, drainageways, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
WETLANDS. Those areas that are inundated or saturated by surface or groundwater with 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. Wetlands generally include swamps, marshes, bogs, and similar areas.
WORKS. All artificial structures, including, but not limited to, canals, ditches, swales, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.
(Ord. 48-05, passed 9-6-05; Am. Ord. 86-14, passed 9-8-14)