(a) "Accelerated Erosion" means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
(b) "Applicant" means a property owner or agent of a property owner who has filed an application for a building permit from the City of Loveland.
(c) “Best Management Practices" mean structural or nonstructural facilities, devices, activities, prohibitions of practices, maintenance procedures, and other management practices 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) "Building" means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
(e) "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
(f) "City of Loveland" means the City of Loveland, its designated representatives, boards, or commissions.
(g) "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. Formally referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(h) "Construction Entrance" means the permitted points of ingress and egress to development areas regulated under this chapter.
(i) "Cut" means an excavation that reduces an existing elevation, as in road or foundation construction.
(j) "Dedication" means the deliberate appropriation of property by its owner for the general public or use by another party.
(k) "Detention" means the temporary storage of storm runoff in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
(l) "Detention Facility" means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
(m) "Developer" means a person who undertakes or causes to be performed land disturbance activities.
(n) "Development Area" means a contiguous area 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 which changes the runoff characteristics of a parcel of land.
(o) "Disturbed Area" means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(p) "Drainage Easement" means a legal right granted by a landowner to a grantee allowing use of private land for storm water management purposes.
(q) "Erosion" The process by which the land is worn away by the action of wind, water, ice, gravity, or any combination of those forces.
(r) "Erosion and Sediment Control" means practices or facilities that are designed to minimize the accelerated erosion and to prevent sediment transport out of a disturbed area.
(s) "Final Stabilization" means all soil disturbing activities at the site have been completed and a uniform perennial vegetation with a density of at least eighty percent (80%) cover for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.
(t) "Hotspot" means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
(u) "Impervious Cover" means those surfaces that cannot effectively absorb or infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).
(v) "Infiltration" means the process of percolating storm water into the subsoil.
(w) "Infiltration Facility" means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
(x) "Jurisdictional Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
(y) "Land Disturbance Activity" means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
(z) "Landowner" means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
(aa) "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 (OEPA, NPDES Permit #OH100000).
(bb) "Maintenance Agreement" means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.
(cc) "Non-point Source Pollution" means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, mining, construction, subsurface disposal and urban runoff sources.
(dd) "NPDES" stands for the National Pollutant Discharge Elimination System, meaning 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 from OEPA.
(ee) "Person" means 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 agency thereof.
(ff) "Phasing" means scheduled clearing a parcel of land in distinct sections, with the stabilization of each section before clearing of the next.
(gg) "Post-Construction Storm Water Management Practice" means methods of treating or protecting storm water quality on a site in perpetuity after development or construction has been completed. Structural practices must be built to provide treatment of storm water either through storage, filtration or infiltration. Non-Structural practices consist of preservation, planning or procedures that direct development away from water resources or limit the creation of impervious surfaces.
(hh) "Rainwater and Land Development" means Ohio Department of Natural Resources' land development, and urban stream protection. The most current edition of these standards shall be used with this chapter.
(ii) "Recharge" means the replenishment of underground water reserves.
(jj) "Redevelopment" means any construction, alteration or improvement exceeding square feet in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.
(kk) “Runoff" means the portion of rainfall, melted snow, or irrigation water that is not absorbed, used, or infiltrated into the soil on a site, but flows across the ground surface or in storm sewers onto other properties and is eventually conveyed to water resources.
(ll) "Sediment" means the soils or other surface materials that are or have been transported and deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(mm) "Setback" means 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. Construction activities in this area are restricted or prohibited as required in this chapter.
(nn) "Soil Disturbing Activity" means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(oo) "Stop Work Order" means an order issued which requires that all construction activity on a site be stopped.
(pp) "Storm Water Management" means the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
(qq) "Storm Water Treatment Practices (STPs)" means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to storm water runoff and water bodies.
(rr) "Structural Storm Water Management Practice" Any human made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff.
(ss) "Water Quality Volume (WQv)" means the storage needed to capture and treat the storm water runoff volume from a 0.90" rainfall event. Numerically (WQv) will vary from site to site as a function of both area and proposed ratio of impervious to pervious ground cover.
(tt) "Watercourse" means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
(uu) "Water Resource" means any public or private body of water including lakes and ponds, as well as streams, gullies, ditches, swales, or ravines that have banks and a defined bed where terrestrial vegetation cannot establish roots, and a definite direction of flow, either continuously or intermittently flowing.
(vv) "Watershed" Total drainage area contributing storm water runoff to a single point.
(Ord. 2022-31. Passed 4-12-22.)