For the purposes of this chapter, all words used in this chapter shall have their customary meanings as defined in Webster's New World Dictionary and/or Rainwater and Land Development, except those specifically defined in this section.
(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 storm water management permit.
(c) “Approval authority” means an official, organization, or group designated to review and approve/disapprove site development plans, storm water pollution prevention plans, storm water management plans.
(d) “Authorized agent” means an official (typically the City Engineer), organization, or group designated by the City Manager to provide technical guidance in the development and implementation of site development, storm water pollution prevention plans and storm water management plans, to review and approve/ disapprove such plans as authorized, and to enforce this chapter.
(e) “Best management practices (BMPs)” are schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or the municipal separate storm sewer system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from materials storage.
(f) “Buffer” 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.
(g) “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.
(h) “Channel” means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
(i) “City” means the City of Miamisburg.
(j) “Critical storm” means a storm which is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.
(k) “Cut” means an excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.
(l) “Dedication” means the deliberate appropriation of property by its owner for general public use.
(m) “Detention basin” means an impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing storm water.
(n) “Detention facility” means a detention basin or alternative structure designed to temporarily store storm water runoff and gradually release the stored water at a controlled rate.
(o) “Developer” means a person who undertakes land disturbance activities.
(p) “Development area” means any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth-disturbing activities are planned or underway.
(q) “Drainage easement” means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.
(r) “Earth-disturbing activity” means any grading, excavation, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(s) “Fill” means any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(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) “Hydrologic Soil Group (HSG)” means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
(v) “Impervious cover” means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).
(w) “Industrial storm water permit” means a National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial storm water discharges or specifies on- site pollution control strategies.
(x) “Infiltration” means the process of percolating storm water into the subsoil.
(y) “Infiltration facility” means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
(z) “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.
(aa) “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.
(bb) “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.
(cc) “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.
(dd) “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 owned or operated by the City.
(ee) “Nonpoint 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, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
(ff) “Non-structural controls” means storm water runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
(gg) “Off-site facility” means a storm water management measure located outside the subject property boundary described in the permit application for land development activity.
(hh) “On-site facility” means a storm water management measure located within the subject property boundary described in the permit application for land development activity.
(ii) “Parcel” means any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.
(jj) “Peak rate of runoff” means the maximum rate of runoff for any 24 hour storm of a given frequency.
(kk) “Pre-development conditions” means site conditions as they existed prior to manmade alterations and/or earth disturbing activities.
(ll) “Recharge” means the replenishment of underground water reserves.
(mm) “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.
(nn) “Sediment basin” means a barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
(oo) “Site development plan” is the written document or set of plans meeting the requirements of this chapter that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of earth disturbing activities.
(pp) “Steep slope” means a slope over 18 percent grade, which is characterized by increased run-off, erosion and sediment hazards.
(qq) “Stop work order” means an order issued by the City authorized agent which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWP3 or site development plan.
(rr) “Storm water management” means the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.
(ss) “Storm water management plan (SMP)” is the written document meeting the requirements of this chapter that sets forth the plans and practices to be used to minimize storm water runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.
(tt) “Storm water pollution prevention plan (SWP3)” is the document required by the Ohio EPA for compliance with its NPDES construction activity general permit #OHC000002. The requirements of the SWP3 are required as part of the local jurisdiction's storm water management plan as described above and in this chapter.
(uu) “Storm water retrofit” means a storm water management practice designed for an existing development site that previously had either no storm water management practice in place or a practice inadequate to meet the storm water management requirements of the site.
(vv) “Storm water runoff” means flow on the surface of the ground, resulting from precipitation.
(ww) “Storm frequency” means the average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(xx) “Structural controls” mean any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
(yy) “Swale” means a low lying stretch of vegetated land which gathers and carries surface water.
(zz) “Temporary vegetation” means short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
(aaa) “Water quality volume (WQV)” means the storage needed to capture and treat 90 percent of the average annual storm water runoff volume. Numerically (WQV) will vary as a function of long term rainfall statistical data.
(bbb) “Waters of the State” means surface watercourses and water bodies as defined at 40 CFR 122.2. including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
(Ord. 5973. Passed 2-20-07.)