(a) Interpretation. For the purpose of these Regulations, certain rules of 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 word "shall" is always mandatory and never discretionary; the word of may' is permissive. The word "should" is permissive, but indicates strong suggestion.
(3) A word or tern 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.
(b) Definitions. As used in this chapter, the following words and terms shall have the meanings respectively ascribed to them:
As used in this chapter:
(1) Approving agency: The governing body of the City or its duly designated representative. The office of the Safety-Service Director is hereby designated as the approving agency with the advice and technical assistance, in review, of the Madison Soil and Water Conservation District.
(2) Builder: Following the issuance of a building permit, the person responsible for the construction of a structure.
(3) Channel: A natural bed that conveys water; a ditch excavated for the flow of water.
(4) Conservation: The wise use and management of natural resources.
(5) Cut and fill slope: A portion of land surface or area from which soil material is excavated and/or filled forming a slope or embankment.
(6) Denuded area: A portion of land surface on which the vegetation or other soil stabilization features have been removed, destroyed or covered, which may result in or contribute to erosion and sedimentation.
(7) Detention structure: A permanent or temporary structure for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
(8) Developer: Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or herself or for another.
(9) Development: The division of land into two or more parcels, the carrying out of any building, or the making of any material change in the use or appearance of any land, through activities of construction, erection or alteration.
(10) Development area: Any contiguous area owned by one person or operated as one development unit and used or being developed for non-farm commercial, industrial, residential or other non-farm purposes upon which earth-disturbing activities occur.
(11) District: A soil and water conservation district, organized under Ohio R.C. Chapter 1515.
(12) Ditch: An open channel, either dug or natural, for the purpose of drainage or irrigation with its intermittent flow.
(13) Drainage improvement: As defined in Ohio R.C. 6131.01(C), and/or conservation works of improvement, Ohio R.C. Chapters 1511 and 1515.
(14) Drainageway: An area of concentrated flow other than a river, stream, ditch or grassed waterway.
(15) Dumping: Grading, pushing, piling, throwing, unloading or placing of earthen material.
(16) 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.
(17) Earth material: Soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil
(18) Erosion: The process by which the land surface is worn away by the action of wind, water, ice or gravity.
A. Accelerated erosion: A process which is more rapid than natural or geologic erosion and which is primarily a result of the activities of man.
B. Channel erosion: The erosion process whereby the volume and velocity of a concentrated flow wears away the bed anal banks of a well defined channel.
C. Floodplain erosion: Abrading and wearing away of the nearly level land situated on either side of the channel due to overflow and flooding.
D. Gully erosion: The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths, such that the channel would not be obliterated by normal smoothing or tillage operations.
E. Natural erosion (geologic erosion): The wearing away of the earth's surface by water, wind or ice under natural environmental conditions that are undisturbed by man.
F. Normal erosion: The gradual erosion of land used by man which does not greatly exceed natural erosion.
G. Rill erosion: An erosion process in which numerous small channels only several inches deep are formed, which, if not corrected, can become gullies. Normal tillage operations can remove the rills.
H. Sheet erosion: The removal of a fairly uniform layer of soil from the land surface as a result of raindrop splash and runoff.
(19) Erosion, sediment and stormwater control: A system of structural and vegetative measures that minimize soil erosion and off site sedimentation.
(20) Erosion, sediment and stormwater control plan: An erosion and sediment control strategy or plan to minimize erosion and prevent off-site sedimentation by containing sediment off-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of these Regulations. The erosion and sediment control plan is equivalent to the Ohio Environmental Protection Agency's Stormwater Pollution Prevention Plan (SPP).
(21) Farm: Land or water devoted to agriculture.
(22) Frequency storm: A rainfall event of a magnitude with a specified average recurrence interval, calculated with SCS type II twenty-four-hour curves or depth duration frequency curves.
(23) Grassed waterway: A broad or shallow natural course or constructed channel with erosion-resistant grasses or similar vegetative cover, used to conduct surface water.
(24) Highly erodible soil: A portion of land surface which is very susceptible to erosive forces and is characterized by steep or long slopes.
(25) Impervious: Not allowing infiltration.
(26) Landslide: Rapid movement downslope of a mass of soil.
(27) Outfall: 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 affected by the velocity of flow in the structure.
(28) Owner: Any person seized of a freehold estate in land, except that persons holding easements are not included within such meaning.
(29) Person: Any individual, corporation, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the Federal Government, or any combination thereof.
(30) Public waters: Water within rivers, streams, ditches and lakes, except private ponds and lakes wholly within single properties, or waters leaving property on which surface water originates.
(31) Retention structure: A permanent structure that provides for the storage of runoff by means of a permanent water pool.
(32) Runoff: The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to streams.
(33) Sediment: Soils or other surficial materials transported or deposited by the action of wind, water, ice or gravity as a product of erosion.
(34) Sediment basin: A dam or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.
(35) Sediment pollution: Failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling or other soil-disturbing activities on land used or being developed for non-farm commercial, industrial, residential or other non-farm purposes.
(36) Sedimentation: The process or action of depositing sediment.
(37) Sensitive area: An area or water resource delineated by the approving authority prior to plan approval 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, including:
A. Ponds, wetlands or small lakes with less than five acres of surface area;
B. Small streams with gradients less than ten feet per mile, with average annual flows of less than 3.5 feet per second and containing sand or gravel bottoms.
(38) Site: Any lot or parcel of land, or a series of lots or parcels of land adjoining, contiguous or joined together under one ownership, where clearing, stripping, grading or excavating is performed.
(39) Slip: Landslide, as defined above.
(40) Sloughing: A slip or downward movement of art extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.
(41) Soil conservation: sing the soil within the limits of its physical characteristics and protecting it from unalterable limitations of climate and topography.
(42) Soil and water conservation district: 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 Madison Soil and Water Conservation District.
(43) Soil loss: Soil moved from a given site by the forces of erosion.
(44) Soil stabilization: Vegetative or structural soil cover controlling erosion, including permanent and temporary seed, mulch, sod, pavement, etc.
(45) Stockpile: Any deposition of soil to be used for a future purpose.
(46) Storm frequency: The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(47) Stormwater conveyance system: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated stormwater runoff or storing stormwater runoff.
(48) Stormwater management: Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
(49) Stormwater runoff: That portion of the rainfall that exceeds the infiltration capacity of the soil.
(50) Stream: A body of water running or flowing on the earth's surface. Flow may be seasonally intermittent.
(51) Subsoil: That part of the soil below the surface soil or plow layer.
(52) Topsoil: The upper layer of soil which is usually darker and richer in organic matter and nutrients than the subsoil.
(53) Unstable soil: A portion of land surface or area which is prone to slipping, sloughing or landslides.
(54) Water resources: All streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems and other bodies or accumulations of surface water, natural or artificial, which are situated wholly or partly within, or border upon, this State, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface waters.
(55) Watercourse: A definite channel with bed and banks within which concentrated water flows, either continuously or intermittently.
(56) Watershed: The total drainage area contributing runoff to a single point.
(Ord. 140-96. Passed 4-4-96.)