The definitions contained in Ohio Environmental Protection Agency ("Ohio EPA's) Construction General Permit entitled "General Permit Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System" or current in effect at the time a permit is applied for under this chapter shall apply to this chapter, and the following definitions shall also apply. For the purpose of this chapter, the following terms shall have the meaning herein indicated:
(a) “Abbreviated Storm Water Pollution Prevention Plan (Abbreviated SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this chapter during and after the land development.
(b) “Acre.” A measurement of area equaling 43,560 square feet.
(c) “Administrator.” The person or entity having the responsibility and duty of administering and ensuring compliance with this regulation.
(d) “Architect.” An individual who has been registered to perform the practices of architecture in the State of Ohio in accordance with all applicable laws.
(e) “As-Built Survey.” 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.
(f) “Best management practices (BMPs).” Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of surface waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant and/or construction site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(g) “Community.” Throughout this chapter, this shall refer to the City of Hudson, its designated representatives, boards, or commissions.
(h) “Comprehensive Stormwater Management Plan.” The written document and plans meeting the requirements of this chapter that sets forth the plans and practices to minimize storm water runoff from a development area, to safely convey and temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve storm water quality and stream channels.
(i) “Construction entrance.” The permitted points of stabilized natural stone or other approved material located at ingress and egress to development areas regulated under this chapter. The intent of the construction entrance is to reduce the amount of mud tracked off-site with construction traffic.
(j) “Construction general permit.” The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit # OHC000006 and its successors).
(k) “Critical area.” Any area the disturbance of which would cause soil erosion and sediment runoff and damage to private properties, water courses storm sewers or public lands due to topography, soil type, hydrology, or proximity to a water course. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.
(l) “Critical storm.” For developments which satisfy the criteria established in Section 1419.5.9 “Alternative Detention Facilities,” the peak rates of runoff and volumes shall be controlled using the “Critical Storm Method”. This method is used to determine the design frequencies utilized in the design of the detention/retention structures for the development. A storm that is determined by calculating the percentage increase in volume of runoffby a proposed development area for the 1-year 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
(m) “Development.” A man-made change to improved or unimproved real estate.
(n) “Development area.” 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.
(o) “Dewatering Volume.” See current Ohio Rainwater and Land Development Manual, Section 5.7.
(p) “Disturbance.” 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.” An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.
(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 Way.” A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
(t) “Engineer.” See “Professional engineer.”
(u) “Erosion and sediment control.” 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.
(v) “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.
(w) “Final stabilization.” All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(x) “Impervious surface.” A surface that prevents or does not permit the absorption of rainwater, or does not permit rainwater to readily infiltrate (soak into) the ground such as rooftops, parking lots, and roads.
(y) “Landscape architect.” An individual who has been registered to perform the practices of landscape architecture in the State of Ohio in accordance with all applicable laws.
(z) “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.
(aa) “Long term maintenance agreement (LTMA).” A document that is customized to each development project that lists the specific best management practices (BMPs) to control post-construction sediment and erosion and lists each BMP’s inspection, maintenance, funding and maintenance conditions that are the responsibility of the developer or owner, and accepted by the City.
(bb) “Maximum extent practicable.” The level of pollutant reduction that site owners 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.
(cc) “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.
(dd) “Owner/operator.” 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 site construction.
(ee) “Parcel.” 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 Summit County Auditor’s Office.
(ff) “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.
(gg) “Phasing.” A specific period, stipulated in a plan, contract or specification during which the contractor must complete construction, subject to the conditions of the contract which may include the clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(hh) “Post-Development.” The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and/or the rate, volume, quality, or direction of stormwater runoff.
(ii) “Pre-Construction meeting.” 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 submitted and approved.
(jj) “Pre-Development.” 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.
(kk) “Pre-winter stabilization meeting.” A meeting between the City of Hudson and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires a Stormwater Pollution Prevention Plan.
(ll) “Professional engineer.” An individual who has been registered to perform the practices of engineering in the State of Ohio in accordance with all applicable laws.
(mm) “Qualified inspection personnel.” A person knowledgeable in the principles and practice of erosion and sediment controls, who possesses the skill to assess all conditions at the construction site that could impact storm water quality and to assess the effectiveness of any sediment and erosion control measure selected to control the quality of storm water discharges from the construction activity.
(nn) “Rainwater and Land Development.” Ohio’s standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this chapter.
(oo) “Remedial project.” An action, activity or process of remedying something that is undesirable or deficient.
(pp) “Runoff.” The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(qq) “Sediment.” 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.
(rr) “Sedimentation.” The deposition or settling of sediment.
(ss) “Sediment storage volume.” See current edition of Rainwater and Land Development, Section 6.1b.
(tt) “Setback.” The minimum or maximum distance a building, structure or parking area shall be required to be situated from an adjacent lot line as defined in the Hudson Land Development Code or 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 chapter.
(uu) “Site owner.” 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.
(vv) “Soil & Water Conservation District.” An entity organized under Ohio R.C. Chapter 940 referring to either the Soil and Water Conservation District Board or its designated employee(s). Hereafter referred to as “Summit SWCD.”
(ww) “Soil disturbing activity.” Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, 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.
(xx) “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.
(yy) “Stormwater control measure.” 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.
(zz) “Storm Water Pollution Prevention Plan (SWP3).” The written document that sets forth the plans and practices to be used to meet the requirements of this chapter during and after the land development.
(aaa) “Surface waters of the State.” All streams, lakes, reservoirs, marshes, wetlands, or other waterways 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 Ohio R.C. 6111.01 are not included.
(bbb) “Temporary stabilization.” 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.
(ccc) “Topsoil.” The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.
(ddd) “Unstable soils.” A portion of land that is identified by the City Engineer, or designated representative, as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having low soil strength.
(eee) “Water resource.” Any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(fff) “Watershed.” The total drainage area contributing stormwater runoff to a single point.
(ggg) “Water quality.” The chemical, physical, or biological characteristics of water including the measure of the condition of water relative to the requirements of one or more biotic species and or to any human need or purpose.
(hhh) “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 CFR 232, as amended).
(Ord. 18-91. Passed 8-14-18; Ord. 23-91. Passed 9-5-23.)