For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) ACRE: A unit of measure equaling 43,560 square feet.
(b) AS-BUILT CERTIFICATION: A survey shown on a plan or drawing prepared by a registered surveyor or a Professional Engineer indicated the actual dimensions, elevations, and locations of any structures, underground utilities, swales detention facilities, and sewage treatment facilities after construction has been completed.
(c) BEST MANAGEMENT PRACTICES: Structural or nonstructural facilities or activities that control soil erosion and/or storm water runoff at a development site. Includes treatment requirements, operating and maintenance procedures, or other practices to control site runoff, leaks, or waste disposal.
(d) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(e) CLEAN WATER ACT: 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. formally referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(f) COMMUNITY: Throughout this regulation, this shall refer to the City of Fairview Park or its designated representatives.
(g) CONSERVATION: The wise use of management of natural resources
(h) CPESC: a person who is a Certified Professional in Erosion and Sediment Control as certified by CPESC, Inc., subscribes to the Code of Ethics and has met the requirements established by the CPESC Council as a Certified Professional in Erosion and Sediment Control.
(i) CUT: An excavation that reduces an existing elevation, as in road or foundation construction.
(j) DEVELOPMENT AREA: A contiguous area owned by one person or persons or operated as one development unit, and used or being developed for non-farm commercial, residential, or other institutional construction or alteration which changes the runoff characteristics of a parcel of land.
(k) DISTURBED AREAS: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(l) DRAINAGE: The removal of surface water or groundwater from land by surface or subsurface drains.
(m) EROSION: The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(n) EROSION AND SEDIMENT CONTROL: The control of soil material, both mineral and organic, during soil disturbing activities so as to minimize the removal of soil material from the land surface and to prevent its transport out of the disturbed area by means of wind, water, ice, gravity or any combination of those forces.
(o) FINAL STABILIZATION: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 70% cover for the area has been established or equivalent permanent stabilization measures have been employed.
(p) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(q) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(r) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.
(s) 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.
(t) MAXIMUM EXTENT PRACTICABLE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(u) NPDES: National Pollutant Discharge Elimination System; 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.
(v) OHIO EPA: The Ohio Environmental Protection Agency.
(w) OWNER: Any person, as defined herein, holding fee simple title to the property or option to purchase the property proposed for development.
(x) PERSON: 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.
(y) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before clearing the next.
(z) PROFESSIONAL ENGINEER: A Professional Engineer registered in the State of Ohio acting in strict conformance with the code of ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(aa) PROFESSIONAL SOIL SCIENTIST: An individual certified by American Registry of Certified Professionals in Agronomy, Crops and Soils or affiliated registries such as the Association of Ohio Pedologists that meet the educational and practical experience standards, subscribe to the code of ethics, and qualify for identification as professionals.
(bb) PROFESSIONAL WETLAND CONSULTANT: Individuals competent in the areas of botany, hydric soils and wetland hydrology that provide professional services or advice, and meet the education and professional experience requirements as required by the Society of Professional Wetland Scientists.
(cc) RAINWATER AND LAND DEVELOPMENT MANUAL: The publication of Ohio’s standards for storm water management, land development, and urban stream protection developed by the Ohio Department of Natural Resources, the U.S. Department of Agriculture Natural Resource Conservation Service, and the Ohio Environmental Protection Agency. The most recent version of these standards shall be used with this regulation.
(dd) RIPARIAN AREA: means the transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, increase stream shading and enhance wildlife habitat.
(ee) RIPARIAN SETBACK: Those lands within the City of Fairview Park which are alongside streams, and which fall within the area that the City of Fairview Park prohibits or restricts changes in land use and the building of structures.
(ff) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
(gg) SEDIMENT: The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(hh) 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.
(ii) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(jj) 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, residential, or other purposes.
(kk) SEDIMENT TRAP: A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
(ll) SEDIMENTATION: The deposition of sediment in water resources.
(mm) SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(nn) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or human made ground cover is altered or destroyed and which may result in, or contribute to, erosion and sediment pollution.
(oo) SOIL & WATER CONSERVATION DISTRICT: An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employee(s).
(pp) STABILIZATION: The use of Best Management Practices that reduces or prevent soil erosion by storm erosion by storm water runoff, wind, ice, gravity, or a combination thereof.
(qq) STORM WATER POLLUTION PREVENTION PLAN (SWP3): The written document meeting the requirements of this regulation that sets forth the plans and practices to be used to minimize soil erosion, prevent off-site disposal of soil sediment by minimizing soil disturbance, by containing sediment and non-sediment materials on-site, and/or by passing sediment-laden runoff through sediment control measures during and after development, and increase water quality. Referred to as the “SWP3”.
(rr) UNSTABLE SOILS: A portion of land surface or area which is identified by the Community 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.
(ss) WATER RESOURCES: Any public or private body of water including lakes or ponds, and streams, gullies, swales, or ravines having banks, a defined bed, and a definite direction of course, either continuously or intermittently flowing.
(tt) WATERSHED: The total drainage area contributing storm water runoff to a single point.
(uu) WETLAND: Those areas as determined to be jurisdictional wetlands by the U.S. Army Corps. Of Engineers or the Ohio EPA 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, include swamps, marshes, bogs, and similar areas. (40 CFR 232, as amended)
(vv) WETLAND SETBACK: Those lands within the City of Fairview Park that fall within the area defined by the criteria set forth in other sections of the Codified Ordinances of the City of Fairview Park.
(Ord. 08-13. Passed 3-3-08.)