(a) Interpretation of Terms and Words.
(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 Rules their most reasonable application.
(b) Acre: A unit of measure equaling 43,560 square feet.
(Ord. 84-2004. Passed 5-3-04.)
(Ord. 84-2004. Passed 5-3-04.)
(b.1) As-built Survey: A survey shown on a plan or drawing prepared and sealed by a Professional Surveyor and/or Engineer licensed in the State of Ohio indicating information such as, but not limited to: actual dimensions, elevations, and locations of any structures and their components, underground utilities, roads, swales, ditches, detention/retention facilities, storm and sanitary sewers, water quality practices, or other infrastructure and facilities after construction has been completed to the satisfaction of the City Engineer.
(Ord. 54-2008. Passed 3-17-08.)
(c) Stark SWCD: The office responsible for administering sediment pollution and/or storm water run-off control programs.
(d) Best Management Practice or BMP: means physical, structural, non-structural and managerial practices that when used singly or in combination prevent or reduce erosion.
(e) Channel: A natural bed that conveys water. A ditch excavated for water flow.
(Ord. 84-2004. Passed 5-3-04.)
(Ord. 84-2004. Passed 5-3-04.)
(e.1) CPESC: Certified Professional in Erosion and Sediment Control.
(Ord. 54-2008. Passed 3-17-08.)
(f) 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 storm water discharge rate from a developed site.
(g) Cut: An excavation that reduces an existing elevation, as in road or foundation construction.
(h) Detention Structure: A permanent storm water management structure whose primary purpose is to temporarily store water runoff and release the stored runoff at controlled rates.
(i) Development Area: Any contiguous area owned by one person or persons, or operated as one development unit, and use being developed for non-farm commercial, industrial, residential or other institutional construction or alteration which changes the runoff characteristics of a parcel of land.
(j) Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil moving activities, including filling.
(k) Ditch: An open channel, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
(l) Drainage: The removal of excess surface water or ground water from land by surface or subsurface drains.
(m) Drainage Surface Area: An area, measured in a horizontal plane, enclosed by a topographic divide from which surface run-off from precipitation normally drains by gravity into a stream, river or lake above the specified point of measurement.
(n) Drainage Improvement: As defined in Ohio R.C. 6131.01(C), and/or conservation works of improvement, Ohio R.C. 1511 and 1515.
(o) Earth Material: Soil, sediment, rock, sand, gravel and organic material or reside associated with or attached to the soil.
(p) Engineer: A Professional Engineer registered by the State of Ohio.
(q) 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.
(r) Erosion & Sediment Control: A system of structural and vegetative measures that minimize soil erosion and offsite sediment pollution. The control of soil material, both mineral and organic, during soil disturbing activity to prevent its transport out of the disturbed area by means of wind, water, ice or gravity.
(s) Farm: Land or water devoted to growing crops and nursery crops.
(t) Grading: Excavating, filing, or stockpiling of earth material or any combination thereof, including the land in its excavated or filled condition.
(u) Impervious: That which does not allow infiltration.
(v) Landslide: A rapid mass movement of soil rock materials downhill under the influence of gravity.
(w) Multi-family Development: Apartments, condominiums, duplexes or other similar buildings housing more than one family.
(x) One Hundred-Year Frequency Storm: A storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 100 years. It may also be expressed as an exceedence probability with a 1 percent chance of being equaled or exceeded in any given year.
(y) Person: Any individual, corporation, firm, trustee, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government or any combination thereof.
(z) Pre-construction Meeting: A meeting between the Stark SWCD and all principal parties, prior to the start of any construction, at a site that requires an Erosion and Sediment Control Plan.
(aa) Pre-Winter Stabilization Meeting: A meeting between the Stark SWCD and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that requires an Erosion and Sediment Control Plan.
(bb) Qualified Person: Professional Engineer or Surveyor, Landscape Architect, Soil Conservationist, Certified Professional in Erosion/Sediment Control or any person having completed a minimum of 20 hours of accredit training in erosion sediment control.
(cc) Retention Structure: A permanent structure whose primary purpose is to permanently store a given volume of storm water runoff for release of the given volume by infiltration and/or evaporation.
(dd) Sediment: Soils or other surface materials that can be transported or deposited from its site of origin by the action of wind, water, ice or gravity as a product of erosion.
(ee) Sedimentation: Deposition of sediment particles in water bodies.
(ff) Sediment Basin: A temporary barrier or other suitable retention structure built across an area of water flow to intercept runoff and allow transport sediment to settle and be retained prior to discharge into waters of the State.
(gg) Sediment Pollution: Degradation of Waters of the State by sediment as a result of failure to apply management or conservation practices to abate wind or water soil erosion, specifically in conjunction with soil-disturbing activities on land used or being developed for commercial, industrial, residential or other non-farm purposes.
(hh) Sloughing: 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.
(ii) Soil Conservation: The use of the soil within the limits of its physical characteristics and protecting it from unalterable limitations of climate and topography.
(jj) Soil-Disturbing Activity: A clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or man-made ground cover is destroyed, which may result in, or contribute to, erosion and sediment pollution.
(kk) Soil and Water Conservation District: The agency responsible for implementing these regulations as organized under Chapter 1515 of the Ohio Revised Code; referring either to the Soil and Water Conservation District Board or its designated employee(s), hereinafter referred to as the Stark SWCD.
(ll) Soil Loss: Soil moved from a given site by the forces of erosion, measured using “T”.
(mm) Stabilization: The installation of vegetative and/or structural measures to establish a soil cover in order to reduce soil erosion by storm water runoff, wind, ice, and gravity.
(nn) Storm Drain: A conduit, pipe, or human-made structure, which serves to transport storm water runoff.
(oo) Storm Water Management: Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
Storm Water Runoff: The direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a stream, ditch, storm sewer or other concentrated flow during and following the precipitation.
(pp) Stream: A body of water running or flowing on the earth’s surface in which flow may be perennial and/or seasonally intermittent.
(qq) Subsoil: That portion of the soil below the topsoil or plow layer, beginning 6- 12" below surface down to bedrock parent material.
(rr) T: The soil loss tolerance expressed in tons per acre per year as determined by the USDA Revised Universal Soil Loss Equation (RUSLE)
(ss) Temporary Soil Erosion and Sediment Control Measures: Interim control measures which are installed or constructed to control soil erosion or sedimentation until permanent soil erosion control measures are established.
(tt) Top soil: The upper layer of soil that is usually darker in color and richer in organic matter and nutrients than the subsoil.
(uu) Unstable Soils: A portion on land surface or area which is prone to slipping, sloughing, landslides or is identified by Natural Resource Conservation Service, USDA methodology as having low soil strength.
(vv) Watercourse: A definite channel with bed and banks within which concentrated water flows, either continuously or intermittently; e.g. streams.
(ww) Watershed: The total drainage area contributing runoff to a single point.
(Ord. 84-2004. Passed 5-3-04.)