(a) Interpretation of Terms and Words. For the purpose of these regulations, certain rules or word usage apply to the text as follows:
(1) Words used in the present tense include the future tense, and the singular includes the plural, unless the context clearly indicates the contrary.
(2) The term “shall” is always mandatory and not discretionary; the word “may” is permissive. The term “should” is permissive but indicates strong suggestion.
(3) The word or term not interpreted or defined by this section shall be construed according to the rules of grammar and common usage so as to give these regulations their most reasonable application.
(4) In instances where mention is made of the Ohio Revised Code, hereby referred to as the “Ohio R.C.,” it means that the actual wording of the current code is to be used. Any summary or paraphrasing of the Ohio Revised Code is provided only as a guide to that which is being referred to in the actual code.
(b) Definitions.
Appeals Board: A group of three (3) individuals knowledgeable in matters relating to stormwater management and erosion control, representing diverse interests appointed by the Mayor for terms of three (3) calendar years to consider appeals to these regulations. The Mayor shall initially appoint one member for one year, one member for two years, and shall fill all vacancies for the unexpired term.
Best Management Practice (BMP): Techniques used to lessen the environmental impacts of land use. These techniques may involve structures, vegetation, or altering construction operations. BMPs include 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.
Construction Plan: A site plan submitted and stamped by a Registered Engineer in the State of Ohio.
Critical Storm: That storm which is calculated by means of the percentage increase in volume of runoff by a proposed development. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.
Cut: An excavation that reduces an existing elevation, as in road or foundation construction.
Detention Basin: A permanent stormwater management facility for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
Development Drainage Area: Any contiguous area operated as one development unit.
Ditch: An open earthen channel, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
Drainage Improvement: As defined in Ohio R.C. 6131.01(C), and/or conservation works of improvement under Ohio R.C. Chapters 1511 and 1515.
Earth-Disturbing Activity: Any clearing, grading, excavating, grubbing, and/or filling of the earth’s surface where natural or man-made ground cover is destroyed. Earth-disturbing activities also include equipment movement, driveways, equipment staging, material storage, soil borrow areas, material disposal areas, soil stockpiles, and other soil-disturbing activities associated with the clearing, excavating, grubbing, and/or filling that are on the same property or a contiguous property. Both development and redevelopment projects are included.
Engineer: A Registered Professional Engineer licensed in the State of Ohio.
Erosion: The process by which the land surface is worn away by the action of wind, water, ice or gravity or by man-made disturbance of the soil.
Erosion and Sediment Control: A system of structural and vegetative measures that minimize soil erosion and offsite sediment pollution.
Farming: Any development whose primary purpose is the bona fide commercial production of crops, livestock, trees, and/or other agricultural products. Also includes any soil used to grow agricultural crops for sale or self-consumption. Farming does not include a farm residence, nor does it include buildings or developments on a farm that will be used primarily for purposes other than farming.
Improvement Drawings: Grading, street resurfacing, curbs and gutter, sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, drainage facilities and structures, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.
Impervious: Not allowing infiltration. Impervious areas include gravel drives, roofs, compacted unimproved work areas, concrete, and asphalt.
Include or Including: Includes but is not limited to.
Multi-family Development: Apartments, condominiums, or other similar buildings containing two or more dwelling units.
Natural Drainage Course: A means to convey water across existing lands or topography from one end of a watershed to the other. Can appear in the form of a grassed swale, waterway, or small intermittent eroded channel that has not been physically altered from its natural state other than cleaning, mowing, clearing, or the removal of vegetation.
Owner/Operator: Any Person that:
(a) Owns or leases a property subject to these regulations, or
(b) Is a developer or construction contractor for the property that either:
(1) Has operational control over construction plans and specifications for the project or
(2) Has day-to-day operational control over the activities at a project necessary to comply with these regulations (e.g., it has the authority to direct workers at a site to carry out the activities required by these regulations).
Person: Any individual, corporation, partnership, limited liability company, trust, business trust, estate, joint venture, agency, unincorporated association, municipal corporation, school district, county or state agency or entity, township, the federal government, any other entity, or any combination thereof.
River: A natural body of running water flowing on or under the earth and having a detectable current. Also see Stream.
Retention Structure: A permanent stormwater management facility that provides for the storage of runoff by means of a permanent pool of water.
Riprap: Sometimes known as channel rock protection. A permanent cover of rock typically in the form of limestone. It is used to stabilize stream banks, provide in-stream channel stability, and provide a stabilized outlet at culvert or tile outlets.
Runoff: The portion of rainfall, melted snow, or irrigation water that flows across the earth’s surface and is naturally released back to streams.
Sediment: 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 (sedimentation).
Sediment Basin: A barrier or other suitable retention structure built across an area of water flow to intercept runoff and allow transported sediment to settle and be retained prior to discharge into waters of the State.
Sediment Pollution: Degradation of water resources by sediment as a result of failure to apply management or conservation practices to abate wind or water soil erosion.
Soil and Water Conservation District (SWCD): As organized under Ohio R.C. Chapter 1515; referring either to the Soil and Water Conservation District Board, or its designated employee(s), hereinafter referred to as the Richland SWCD.
Soil Stabilization: Vegetative or structural soil cover controlling erosion, including permanent and temporary seed, mulch, sod, netting, jute mat, and silt fence.
Special Flood Hazard Area: The land in the floodplain subject to a one percent or greater chance of flooding in any given year. Areas of special flood hazard are designated by the Federal Emergency Management Agency as Zones A, AE, AH, AO, A1-A30, and A99.
Stormwater: Stormwater runoff, snow melt runoff, and/or surface runoff and drainage.
Stormwater Engineer: An individual, organization or agency appointed by the Village to perform the engineering duties required of the Stormwater Engineer by the SWM/SC Regulations.
Stormwater Management: Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
Stormwater Management and Sediment Control Plan: An erosion and sediment control strategy or plan to minimize erosion and prevent off-site sedimentation by containing sediment on-site, or by passing sediment-laden runoff through a sediment control measure prepared and approved in accordance with the specific requirements of the Stormwater Manager and Section 943.03 and 943.05 of these regulations. This is hereinafter referred as “SWM/SC Plan.”
Stormwater Manager: The Richland County Soil and Water Conservation District, which is appointed by the Village of Lexington to manage the SWM/SC Regulations.
Stream: A body of flowing water on the earth’s surface confined within a bed and banks and having a detectable current. Typically is a natural watercourse containing water at least part of the year and can at times appear on USGS maps as a blue solid line or intermittent dashed line. USGS maps are available at the Richland County Tax Map Office.
Subsoil: That portion of the soil below the topsoil down to bedrock parent material.
Topography: The depiction of the general shape of the land, including its relief and the position of its natural and man-made features through the use of contour lines of elevation.
Topsoil: The upper layer of soil that is usually darker in color and higher in organic matter and nutrients than the subsoil.
Vegetation: Actively growing grass, wheat, oats, ground cover, or other plant life.
Village: The Village of Lexington, Richland County, Ohio.
Watercourse: A definite channel with bed and banks, within which concentrated water flows either continuously or intermittently, e.g. streams.
Water Resources: All rivers, streams, lakes, ponds, wetlands, watercourses, drainage systems, and all other bodies or accumulations of surface water, natural or artificial, that are situated wholly or partly within or border upon this State, or are within its jurisdiction, except those private waters that do not combine or effect a junction with natural surface waters.
Watershed: The total drainage area contributing runoff to a single point.
(Ord. 07-40. Passed 7-16-07.)