For the purposes of this Chapter:
   (a)    “Acre” means a measurement of area equaling 43,560 square feet.
   (b)    “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.
   (c)    “CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL” or “CPESC” means a person that has subscribed to the Code of Ethics and has 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.
   (d)    “Channel” means a natural stream that conveys water or a ditch or channel excavated for the natural flow of water.
   (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)    “City” means the City of Independence, its designated representatives, boards, or commissions.
   (g)    “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.
   (h)    “Conservation” means the wise use and management of natural resources.
   (i)    “County SWCD” means the Cuyahoga County Soil and Water Conservation District.
   (j)    “Critical Storm” means 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 stormwater discharge rate from a developed site.
   (k)    “Development Area” means 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.
   (l)    “Development Drainage Area” means a combination of each hydraulically unique watershed with individual outlet points on the development area.
   (m)    “Disturbed Area” means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
   (n)    “Ditch” means an excavation, either dug or natural, for the purpose of drainage or irrigation and having intermittent flow.
   (o)    “Earth Disturbing Activity” means any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
   (p)    “Erosion” means the process by which the land surface is worn away by the action of water, wind, ice, or gravity.
   (q)    “Erosion And Sediment Control” means 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.
   (r)    “Erosion and Sediment Control Practices” means conservation measures used to control sediment pollution and including structural practices, vegetative practices, and management techniques.
   (s)    “Existing” means in existence at the time of the passage of this chapter and these regulations.
   (t)    “Extended Detention Facility” means an SCM that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the storm event to improve stormwater quality over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
   (u)    “Federal Emergency Management Agency” or “FEMA” means the agency with the overall responsibility for administering the National Flood Insurance Program.
   (v)    “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 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
   (w)    “Grading” means earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
   (x)    “Green Infrastructure” means wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
   (y)    “Grubbing” means removing, clearing, or scalping material such as roots, stumps, or sod.
   (z)    “Hydrologic Unit Code (HUC)” means a cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
   (aa)    “Impervious Cover” means any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
   (bb)    “Infiltration Control Measure” means an SCM 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.
   (cc)    “Intermittent Stream” means 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.
   (dd)    “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.
   (ee)    “Landslide” means 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.
   (ff)    “Low Impact Development (LID)” means 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 stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.
   (gg)    “Maintenance Organization” means the homeowner’s association, business association, or any other applicable organization or individual entrusted with the responsibility of maintaining common areas, easements, and other similar matters with respect to the property.
   (hh)    “Maximum Extent Practicable” means 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 Stormwater Phase II, must meet.
   (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 Clean Water Act that discharges into water resources; and
      (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)    “Natural Resources Conservation Service” or “NRCS” means an agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
   (kk)    “National Pollutant Discharge Elimination System (NPDES)” means 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.
   (ll)    “Nonstructural Stormwater Control Measure” 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.
   (mm)    “NPDES Permit” means a National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA and derived from the Federal Clean Water Act.
   (nn)    “ODNR” means the Ohio Department of Natural Resources.
   (oo)    “OHIO EPA” means the Ohio Environmental Protection Agency.
   (pp)    “Ohio 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.
   (qq)    “Outfall” means 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.
   (rr)    “Owner or Operator” means any party associated with a construction project that meets either of the following two criteria:
      i.    The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
      ii.    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.)
   (ss)    “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.
   (tt)    “Person” means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
   (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” means 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.
   (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 person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering and acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
   (yy)    “Qualified Inspection Personnel” A person knowledgeable in the principles and practice of erosion and sediment controls, who possesses 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 measures selected to control the quality of storm water stormwater discharges from the construction activity.
   (zz)    “Redevelopment” means sites that have been previously developed where no post construction SCMs were installed shall either ensure a 20 % net reduction of site impervious area, provide for treatment of at least 20% of the WQv, or a combination of the two. A one-for-one credit towards the 20 % 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% WQv and redevelopment at 20% WQv.
   (aaa)    “Retention Basin” means a stormwater management pond that maintains a permanent pool of water. These stormwater management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
   (bbb)    “Riparian Area” means 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.
   (ccc)    “Riparian and Wetland Setback” means 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.
   (ddd)    “Runoff” means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to water resources.
   (eee)    “Sediment” means 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.
   (fff)    “Sedimentation” means the deposition of sediment in water resources.
   (ggg)    “Sediment Basin” means 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 stormwater detention structures can be modified to function as temporary Sediment Basins.
   (hhh)    “Sediment Control” means the limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
   (iii)    “Sediment Pollution” means 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.
   (jjj)    “Sediment Trap” means a temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
   (kkk)    “Sensitive Area” means 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; and
      (4)    Riparian and wetland areas.
   (lll)    “Settling Pond” means a runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(mmm)   “Sheet Flow” means water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
   (nnn)    “Slip” means a landslide as defined under “Landslides.”
   (ooo)    “Sloughing” means 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.
   (ppp)    “Soil” means unconsolidated erodible earth material consisting of minerals and/or organics.
   (qqq)    “Soil Conservation Service” means the federal agency now titled the “Natural Resources Conservation Service,” which is an agency of the United States Department of Agriculture.
   (rrr)    “Soil Disturbing Activity” means the 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, increased stormwater quantity and/or decreased stormwater quality.
   (sss)    “Soil Stabilization” means vegetative or structural soil cover that controls erosion and includes permanent and temporary seed, mulch, sod, pavement, etc.
   (ttt)    “Soil Survey” means the official soil survey produced by the Natural Resources Conservation Service in cooperation with the Division of Soil and Water Conservation, ODNR, and the local Board of County Commissioners.
   (uuu)    “Stormwater” defined in 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
   (vvv)    “Stormwater Control Measure (SCM)” means the 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 stormwater 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 SCMs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm
(www)    “Structural Stormwater Control Measure” means any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
   (xxx)    “Stormwater Runoff” means 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.
   (yyy)    “Stream” means 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.
   (zzz)    “Surface Water of the State” or “Water Resource” 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 Section 6111.01 of the Ohio Revised Code are not included.
   (aaaa)    “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 body, or water body segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensures attainment and maintenance of water quality standards.
(bbbb)    “USEPA” means the United States Environmental Protection Agency.
   (cccc)    “Watercourse” means any natural, perennial, or intermittent channel, stream, river, or brook.
(dddd)    “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.
(eeee)    “Water Resources”(Also 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 Section 6111.01 of the Ohio Revised Code are not included.
   (ffff)    “Watershed” means the total drainage area contributing stormwater runoff to a single point.
(gggg)    “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.
   (hhhh)   “Wetland Consultant” means 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.
   (iiii)    “Wetland Setback” means those lands within the City that fall within the area defined by the criteria set forth in these regulations.
      (Ord. 2017-19. Passed 10-10-17.)