919.02   DEFINITIONS.
   For the purpose of this chapter, the following words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning:
   (1)   "Abatement" means any action taken to remedy, correct or eliminate a condition within, associated with or impacting a drainage system, pursuant to Section 919.25 or 919.26.
   (2)   "Approved plans" means plans approved pursuant to Section 919.18.
   (3)   "Architect" and "registered architect" mean a person holding a certificate under Ohio R.C. 4703.06.
   (4)   "Building Code" means the Building Code provided in Part Thirteen of these Codified Ordinances.
   (5)   "Building Department" means the Building Department of the City, or the Community Development Department.
   (6)   "City" means the City of Sidney, Ohio, and its authorized agents.
   (7)   "City Engineer" means a professional engineer designated by and representing the City, or his or her authorized agent.
   (8)   "City Manager" means the City Manager as provided for in Article V of the City Charter.
   (9)   "Community Development Department" means the Department of the City under the control of the Director of Community Development.
   (10)   "Council" means the City Council of the City.
   (11)   "Detention basins" means dry surface stormwater storage areas created by natural contours or by constructing a basin by excavation or embankment or by installing underground structures, such as concrete pipes or chambers.
   (12)   "Developer" means a person, firm, partnership or corporation that improves a specific parcel or tract of land, performs construction work of any kind in a project area or holds or is required to obtain a building permit.
   (13)   "Embankment" 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 or cut, and shall include the conditions resulting therefrom. "Embankment" also means the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. "Embankment" also means a fill or the material used to make an embankment.
   (14)   "Engineer, professional" means a person holding a certificate or registration under Ohio R.C. 4733.14 or 4733.19.
   (15)   "Erosion" means the wearing away of the land surface by the action of wind, water or gravity.
   (16)   "Excavation" means any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom. "Excavation" also means the difference between a point on the original ground and a designated point of lower elevation on the final grade. "Excavation" also means the cut or the material removed in excavation.
   (17)   "Existing" means present or in effect as of the time of the adoption of this chapter.
   (18)   "Facilities" means the various drainage works that may include inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins and other structural components.
   (19)   "Grading" means any stripping, cutting, filling, stockpiling or combination thereof, and shall include the land in its cut or filled condition.
   (20)   "Impervious surface" means a surface on or in a lot or parcel of real property which substantially reduces the rate of infiltration of stormwater into the earth.
   (21)   "Inspector" means a person designated by and representing the City for inspection of stormwater related work to ensure conformance with an approved plan and the provisions of this chapter.
   (22)   "Mulching" means the application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid the establishing of plant cover.
   (23)   "Municipal" means property or facilities owned by the City.
   (24)   "Natural vegetation" means the ground cover in its original state before any grading, excavating or filling.
   (25)   "Notice" means a written or printed communication conveying information or a warning.
   (26)   "ODOT" means the Ohio Department of Transportation.
   (27)   "Order" means the whole or any part of a final disposition (whether affirmative, negative, injunctive or declaratory in form), or any matter issued by the City Engineer or City Manager, or a person designated by them, pursuant to any provision of this chapter.
   (28)   "Owner" means any person, partnership, corporation, business or organization that possesses real property.
   (29)   "Permanent vegetation" means vegetation which produces long-term vegetative ground cover, such as bluegrass, tall fescue, crown vetch, etc.
   (30)   "Permit" means the stormwater management permit required by this chapter.
   (31)   "Person" means any person, firm or corporation (public or private), the State and its agencies or political subdivisions, the United States of America and its agencies and instrumentalities, and any agent, servant, officer or employee of any of the foregoing.
   (32)   "Plan" means the stormwater management plan required by this chapter.
   (33)   "Planning Commission" means the Planning Commission provided for in Article VII of the City Charter.
   (34)   "Premises" means a lot or parcel and the buildings and improvements situated thereon.
   (35)   "Private" means property or facilities owned by individuals, partnerships, corporations and other organizations and not by local governments or the State or Federal Government.
   (36)   "Project area" means the land lying within the geographical limits of the tract or parcel under consideration and on which work is to be performed.
   (37)   "Public" means property or facilities owned by local governments, or by the State or Federal Government, or in which said governments have a legal right of entry.
   (38)   "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its original site or origin by air, water or gravity as a product of erosion.
   (39)   "Sediment basin" means a barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, silt or other materials.
   (40)   "Sediment control plan" means a plan required by an ordinance, rule or regulation for controlling the movement of soils due to storm runoff created by construction activities.
   (41)   "Slopes" are expressed as a percentage of vertical difference in feet per 100 feet of horizontal distance or as a ratio of horizontal distance to vertical distance. For example, five percent means five feet vertical to 100 feet horizontal, and three to one means three feet horizontal distance to one foot in elevation change.
   (42)   "Storm" and "stormwater" are interchangeable terms.
   (43)   "Storm sewer" and "storm drain" mean a sewer or drain which carries storm waters, surface runoff, street wash waters and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water. Storm sewers begin at the grating or opening where water enters the structure and continue through the sewer and conduits to the outlet structure where water enters a channel or natural watercourse.
   (44)   "Stormwater Management Chapter" and "this chapter" mean this Chapter 919.
   (45)   "Stormwater Management Design Manual" means a handbook of design methods, standards and requirements for the design, construction, maintenance and use of stormwater facilities, written by and available from the City.
   (46)   "Stormwater management plan" means the application, maps, plans, calculations and all other material required by this chapter or the Stormwater Management Design Manual.
   (47)   "Stormwater management system" means all man-made facilities, structures and natural watercourses used for collecting, transporting, detaining, storing or disposing of stormwater to, through and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention/detention basins, dams, flood walls, levees and pumping stations.
   (48)   "Subdivision" means the division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term "subdivision" includes the name given to an area of land divided into lots, including streets, walkways, easements, etc.
   (49)   "Swale" means a low-lying stretch of land which gathers or carries surface-water runoff (see also "Watercourse").
   (50)   "Temporary vegetation" means short-term vegetative ground cover used to stabilize the soil surface until final grading and the installation of permanent vegetation, such as oats, rye or wheat.
   (51)   "Topsoil" means surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer.
   (52)   "Total square footage" means the square footage of a lot or parcel measured or estimated by using the outside boundary dimensions, in feet, to obtain the total enclosed area, without regard for topographic features of the enclosed surface.
   The boundary dimensions, in feet, of the enclosed surface area may be established by any of the following methods:
      A.   On-site or photogrammetric measurements of the apparent outside boundary dimensions of the lot or parcel of real property made by the City or on its behalf; or
      B.   Computation of the area using dimensions of the lot or parcel of real property and/or existing area measurements which are set forth and contained in the records of the office of the County Recorder or County Auditor.
   (53)   "Utility" and "Stormwater Management Utility" mean the Stormwater Management Utility provided for by this chapter, which shall be operated or organized as a department of the City.
   (54)   "Vacant land" means a lot or parcel of land that is without any building, structure or improvement. The term "vacant land" does not mean recreation, green or open space created around private or public facilities, nor parcels connected or contiguous thereto for the same or similar uses.
   (55)   "Watercourse" means the path of least elevation in a valley. It is immaterial whether the path is occupied by a stream. A watercourse may also be any artificial or natural channel for the conveyance of water, particularly drainage. It may be a canal, stream, drainage tunnel, ditch or flume.
(Ord. A-1947. Passed 3-14-94.)