(a) Accelerated Water Erosion: The wearing away of the land surface by water, occurring at a much more rapid rate than geologic or normal erosion.
(b) Abbreviated Stormwater Pollution Prevention Plan (Abbreviated SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this regulation.
(c) Acre: A measurement of area equaling 43,560 square feet.
(d) Agricultural Building Facility: Any structure or impervious area constructed for agricultural purposes, to include pole barns, grain bins, machinery sheds, etc.
(e) Appeals Board: Appeals to determinations made under this Chapter shall be heard by the City of Mount Vernon Utility Commission.
(f) As-Built Survey: A survey shown on a plan or drawing prepared by a Registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.
(g) Best Management Practice (BMP) also Stormwater Control Measures (SCMs): Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. For guidance see U.S. EPA's National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm
(h) Stormwater Master Plan: the plan that identifies stormwater related capital projects and equipment purchases, provides a planning schedule and identifies options for financing the plan for the City.
(i) Channel: A natural bed that conveys water; a ditch excavated for the flow of water.
(j) City Engineer: The professional civil engineer, registered in the State of Ohio, as employed by the City of Mount Vernon either on staff or through contract agreement.
(k) City of Mount Vernon Standards: Standards and details for stormwater management and stream protection practices include the following:
(1) The standards and details published by the Ohio EPA in the current online edition of Rainwater and Land Development - Ohio's Standards for Stormwater Management Land Development and Urban Stream Protection.
(2) The standards and details that may be published by the City of Mount Vernon or the City Engineer.
(3) Ohio Department of Transportation's "Location and Design Manual, Volume Two Drainage Design"
(4) Clean Water Act: 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., referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(l) Construction Entrance: The permitted points of ingress and egress to development areas regulated under this regulation during construction activities.
(m) Critical Storm: A storm that is determined by calculating the percentage increase in volume of runoff from a proposed development area for the 1 year 24-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site pursuant to the chart in Section 920.19.
(n) Cut: An excavation that reduces an existing elevation, as in road or foundation construction.
(o) Development Area: An 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 that changes runoff characteristics.
(p) Disturbed Area: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.
(q) Ditch: An open channel, either dug or natural, for the purpose of drainage or irrigation with intermittent flow.
(r) Drainage: The removal of surface water or groundwater from land by surface or subsurface drains.
(s) Dumping: Grading, pushing, piling, throwing, unloading or placing.
(t) Earth-Disturbing Activity: Any 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.
(u) Earth Material: Soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.
(v) Engineer: A Professional Engineer registered in the State of Ohio.
(w) Equivalent Residential Unit (ERU) - An Equivalent Residential Unit (ERU) is the average impervious surface area (measured in square feet) associated with single family residential properties in the City. The ERU is determined by performing detailed measurements of impervious surfaces contained on a representative sample of residential properties throughout the City.
(x) Erosion: The process by which the land surface is worn away by the action of wind, water, ice or gravity.
(y) Erosion and Sedimentation Control: A system of structural and vegetative measures that minimize soil erosion and offsite sediment pollution.
(z) Extended Detention Facility: A stormwater control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least 24 to 48 hours, retarding flow and allowing pollutants to settle within the facility.
(aa) Final Stabilization: All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed. In addition, all temporary erosion and sediment control practices are removed and disposed of and all trapped sediment is permanently stabilized to prevent further erosion. Final stabilization also requires the installation of permanent post-construction stormwater control measures.
(bb) Grassed Waterway: A broad or shallow natural watercourse or constructed channel, covered with erosion-resistant grasses or similar vegetative cover, used to convey surface water.
(cc) Green Infrastructure: Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of filtration, evapotranspiration and reuse.
(dd) Hydrologic Unit Code: a cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.
(ee) Impervious: Areas not allowing infiltration of water.
(ff) Impervious Cover: Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.
(gg) Infiltration: A stormwater management control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either seep into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
(hh) Jurisdictional Waters: All rivers, streams, lakes, ponds, wetlands, watercourses, drainage systems, and all other bodies or accumulations of surface water, natural or artificial, which are situated wholly or partly within the City of Mount Vernon, or are within its jurisdiction, except those private waters that do not combine or affect a junction with natural surface waters.
(ii) Kokosing Scenic River: The designated portion of the Kokosing River and its designated tributaries as defined by ORC Chapter 1517.
(jj) Landslide: Rapid movement down slope of a mass of soil.
(kk) Landscape Architect: A Professional Landscape Architect registered in the State of Ohio.
(ll) 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.
(mm) (Intentionally left blank)
(nn) Maximum Extent Practicable: The level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.
(oo) Multi-family Development: Apartments, condominiums, or other similar buildings containing three (3) or more dwelling units.
(pp) Municipal Planning Commission: Responsible for review and approval of all plans of development within the City.
(qq) Municipal Separate Storm Sewer System (MS4): A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains that are:
(1) Owned or operated by the municipality
(2) Designed or used for collecting or conveying solely stormwater,
(3) Which is not a combined sewer, and
(4) Which is not part of a publicly owned treatment works.
(rr) NOI: Notice of Intent.
(ss) Nonstructural Stormwater Control Measure: Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.
(tt) NPDES: National Pollutant Discharge Elimination System: 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.
(uu) ODOT: Ohio Department of Transportation.
(vv) Ohio EPA: Ohio Environmental Protection Agency.
(ww) ORC: Ohio Revised Code.
(xx) Parcel: Means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a 'Permanent Parcel Number' assigned by the Knox County Auditor's Office.
(yy) Person: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.
(zz) Phasing: Working in distinct sections, with the stabilization of each section before the clearing of the next.
(aaa) Pre-Construction Meeting: Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.
(bbb) Post-Development: The conditions that exist following the completion of soil disturbing activity or clearing in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.
(ccc) Pre-Development: The conditions that exist prior to the initiation of soil disturbing activity or clearing in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff. The City Engineer shall have discretion to define pre-development, given activities that occurred without prior knowledge and approval by the City of Mount Vernon that may have been subject to stormwater and erosion and sedimentation ordinances.
(ddd) Qualified Inspection Personnel: A person knowledgeable in the principles and practice of erosion and sedimentation controls, who possesses the skills to assess all conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any sedimentation and erosion control measure selected to control the quality of stormwater discharges from the construction activity.
(eee) Redevelopment: A construction project on land that has been previously developed and where the new land use will not increase the runoff coefficient used to calculate the water quality volume. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.
(fff) Retention Structure: A permanent stormwater management facility that provides for the storage of runoff by means of a permanent pool of water.
(ggg) Riparian Area: Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out pollutants, or performs other function consistent with the purposes of this regulation.
(hhh) Runoff: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually returned to streams.
(iii) Sediment: Soils or other surface materials that can be transported or deposited by the action of wind, water, ice or gravity as a product of erosion (sedimentation).
(jjj) Sediment Basin: A barrier or other suitable retention structure built across an area of water flow to intercept runoff and allow transported sediment to settle and be retained.
(kkk) Sediment Pollution: Degradation of surface waters by sediment as a result of failure to apply management or conservation practices to abate wind or water soil erosion, specifically in conjunction with earth-disturbing activities on land used or being developed for commercial, industrial, residential or other non-farm purposes.
(lll) Sedimentation: The deposition or settling of sediment.
(mmm) Setback: 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. Soil disturbing activities in this area are restricted by this regulation.
(nnn) 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.
(ooo) Soil Conservation: Using the soil within the limits of its physical characteristics and protecting it from the limitations of climate and topography.
(ppp) Soil Disturbing Activity: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.
(qqq) Soil and Water Conservation District: 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 Knox SWCD.
(rrr) Soil Stabilization: Vegetative or structural cover for controlling erosion including permanent and temporary seed, mulch, sod, pavement, etc.
(sss) Stabilization: The use of BMPs or stormwater control measures (SCMs), such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(ttt) 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.
(uuu) Stormwater or Storm Water: Defined in 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(vvv) Stormwater Control Measure (SCM): Also Best Management Practice (BMP): Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. For guidance see U.S. EPA's National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm
(www) Stormwater Conveyance System: All stormwaters, channels, streams, ponds, lakes, pipes, etc., used for moving concentrated stormwater runoff or storing stormwater runoff.
(xxx) Stormwater Management: The practice of safely conveying or temporarily storing and releasing stormwater runoff at an allowable rate to minimize erosion and flooding.
(yyy) Stormwater Management Plan: A written document and plans, describing how the quantity and quality of stormwater will be managed from a development area after construction is complete for every discharge from the site and/or into a water resource prepared and approved in accordance with the specific requirements of the City Engineer and this Chapter.
(zzz) Stormwater Pollution Prevention Plan (SWP3): A written document that sets forth the plans and practices to be used to meet the requirements of this regulation through defined BMP's during construction activity.
(aaaa) Stream: A body of water running or flowing on the earth's surface. Streams appear on USGS maps as a blue line.
(bbbb) Structural Stormwater Management Practice: Any constructed facility, structure, or device that provides storage, conveyance, and/or treatment of stormwater runoff.
(cccc) Subsoil: That portion of the soil below the topsoil and down to bedrock or parent material.
(dddd) Surface Water of the State: A stream, lake, reservoir, pond, marsh, wetland or other waterway situated wholly or partly within the boundaries of the state except those private waters which do not combine to affect a junction with surface water. Waters defined as sewerage system, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(eeee) Topsoil: The upper layer of soil that is usually darker in color and richer in organic matter and nutrients than the subsoil.
(ffff) Total Maximum Daily Load (TMDL): The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into the water and still ensures attainment and maintenance of water quality standards.
(gggg) Unstable Soils: A portion of land that is identified by the City Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.
(hhhh) Utility Commission also Water and Wastewater Commission: The Utility Commission is responsible for reviewing complaints relative to rates on individual properties and for resolving other issues with customers as needed. The Commission meets monthly, as needed.
(iiii) Water and Wastewater Commission also Utility Commission: See Definition of Utility Commission.
(jjjj) Watercourse: A definite channel with bed and banks within which concentrated water flows, either continuously or intermittently, e.g. streams.
(kkkk) Watershed: The total drainage area contributing runoff to a single point.
(llll) Water Resource: Also Surface Water of the State. Any stream, lake, reservoir, pond, marsh, wetland, or waterway situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works, or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.
(mmmm) Water Quality Volume (WQv)Means the volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur.
(nnnn) Wetland: Those areas that are inundated or saturated by surface or ground water at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas as defined in the Ohio Revised Code.
(oooo) Residential Property. All single-family, condominium dwelling units, mobile home units outside of a mobile home park, two-family duplex properties, and three-family triplexes within the City.
(pppp) Nonresidential Property. All properties not encompassed by the definition of residential and shall be defined as nonresidential. Nonresidential properties will include:
(1) Agricultural properties with CAUV designations;
(2) Apartment properties;
(3) Mixed-use condominiums properties;
(4) Mobile home parks with rented spaces (parcel not owned);
(5) Commercial property;
(6) Industrial property;
(7) Institutional property;
(8) Governmental property;
(9) Churches;
(10) Schools;
(11) Federal, State and local properties; and
(12) Any other property not mentioned in this list or the list of residential properties.
(qqqq) Public roads, streets, highways, thoroughfares, and alleys. These are not "Residential Property" or "Nonresidential Property" and are not assessed for purposes of the Stormwater Utility.
(rrrr) Condominium dwelling unit. A lot or parcel of real estate on which is situated at least one building containing two or greater individually-owned single-family dwelling units.
(ssss) Home Owners Association or HOA. An organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a homeowners association is to provide a common basis for preserving, maintaining and enhancing their homes and property, and owning common areas or common property of the subdivision, condominium or planned unit development. (Ord. 2019-35. Passed 11-12-19.)