As used in this chapter:
(a) ACRE: A unit of measure equaling 43,560 square feet.
(b) AS-BUILT CERTIFICATION: A survey shown on a plan or drawing prepared by a registered surveyor or a Professional Engineer indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(c) BEST MANAGEMENT PRACTICE (BMP): means schedules of activities, prohibitions of practices, maintenance procedures and other management practices (both structural and nonstructural) to prevent or reduce the pollution of surface waters of the State. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(d) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(e) CONSERVATION: The wise use and management of natural resources.
(f) CRITICAL STORM: A storm which is calculated by means of the percentage increase in volume of run-off by a proposed development area.
(g) DETENTION BASIN: A storm water management pond that does not maintain a permanent pool of water, but includes a properly engineered/designed volume dedicated to the temporary storage and slow release of run-off waters.
(h) DEVELOPMENT AREA: Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth disturbing activity is to be performed.
(i) EARTH DISTURBING ACTNITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(j) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(k) EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(l) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(m) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(n) IMPERVIOUS SURFACE: Any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
(o) LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(p) MAXIMUM EXTENT PRACTICALBE: The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.
(q) NPDES PERMIT: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(r) OHIO EPA: The Ohio Environmental Protection Agency.
(s) OUTFALL: An 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 impacted by the velocity of flow in the structure.
(t) PERSON: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(u) PROFESSIONAL ENGINEER: A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
(v) RAINWATER AND LAND DEVELOPMENT MANUAL: is a manual describing construction and post-construction best management practices and associated specifications. A copy of the manual may be obtained by contacting the Ohio Department of Natural Resources, Division of Soil & Water Conservation.
(w) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction new ones.
(x) RETENTION BASIN: A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(y) RIPARIAN AREA: means the transition area between flowing water and terrestrial (land) ecosystems composed of trees, shrubs and surrounding vegetation which serve to stabilize erodible soil, improve both surface and ground water quality, intrease stream shading and enhance wildlife habitat.
(z) RIPARIAN SETBACK: Thole lands within the City of Middleburg Heights which are alongside streams, and which fall within the area that the City of Middleburg Heights prohibits or restricts changes in land use and the building of structures.
(aa) SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(bb) SEDIMENT BASIN: A temporary sediment pond that releases runoff at a controlled rate. It is designed to slowly release runoff, detaining it long enough to allow most of the sediment to settle out of the water. The outlet structure is usually a designed pipe riser and barrel. The entire structure is removed after construction. Permanent storm water detention structures can be modified to function as temporary Sediment Basins.
(cc) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(dd) SEDIMENT POLLUTION: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(ee) SEDIMENT TRAP: A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
(ff) SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(gg) SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(hh) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(ii) STORM WATER RUNOFF: Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(jj) STORM WATER POLLUTION PREVENTION PLAN (SWP3): The document that meets the requirements of Ohio EPA for compliance with Ohio EPA's NPDES Construction Activity General Permit or an individual NPDES Construction Activity Permit.
(kk) STREAM: A surface watercourse with a well defined bed or bank, either natural or artificial, which confines and conducts continuous or periodical flowing water in such a way that terrestrial vegetation cannot establish roots within the channel.
(ll) USEPA: The United States Environmental Protection Agency.
(mm) WATER RESOURCES: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either 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 affect a junction with natural surface waters.
(nn) WETLAND: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
(oo) WETLAND SETBACK: Those lands within the City of Middleburg Heights that fall within the area defined by the criteria set forth in Chapter 1363.
(Ord. 2008-18. Passed 2-26-08.)