For the purpose of this regulation, the following terms shall have the meaning herein indicated.
(a) ACRE. A measurement of area equaling 43,560 square feet.
(b) AS-BUILT SURVEY. A survey done after construction has been completed and shown on a plan or drawing prepared by a registered Professional Engineer or Surveyor, indicating the actual dimensions, elevations and locations of any stormwater management practices, including but not limited to structures, underground utilities, swales or detention facilities, all as necessary for implementation of the Comprehensive Stormwater Management Plan.
(c) BEST MANAGEMENT PRACTICES (BMP) also STORMWATER CONTROL MEASURE (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, please see U.S. EPA's National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.
(d) CLEAN WATER ACT. Pub. L. No. 92-500, as amended Pub. L. No. 95-217, Pub. L. No. 95-576, Pub. L. No. 96-483, Pub. L. No. 97-117 and Pub. L. No. 100-4, 33 U.S.C. Sections 1251 et seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.
(e) CITY. The City of Solon, its designated representatives, boards or commissions.
(f) COMPREHENSIVE STORMWATER MANAGEMENT PLAN. The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.
(g) CRITICAL STORM. A storm that is determined by calculating the percentage increase in volume of runoff by 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.
(h) DEVELOPMENT AREA. A parcel or contiguous parcels 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.
(i) DEVELOPMENT DRAINAGE AREA. A combination of each hydraulically unique watershed with individual outlet points on the development area.
(j) DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil-disturbing activities.
(k) DRAINAGE. The removal of excess surface water or ground water from land by surface or subsurface drains.
(l) EASEMENT. A grant by a property owner for the use of a specified portion of land for a specified purpose.
(m) 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.
(n) 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.
(o) FINAL STABILIZATION. All soil-disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have been employed.
(p) GRADING. The process in which the topography of the land is altered to a new slope.
(q) GREEN INFRASTRUCTURE. Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.
(r) 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.
(s) 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.
(t) INFILTRATION CONTROL MEASURE. A stormwater control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.
(u) LARGER COMMON PLAN OF DEVELOPMENT. A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(v) LOW IMPACT DEVELOPMENT. Low-impact development (LID) is a site design approach, which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID's goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.
(w) MAXIMUM EXTENT PRACTICABLE. 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 Stormwater Phase II, must meet.
(x) 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 federal government, state, municipality, township, county, district, or other public body (created by or pursuant to state or federal law) including a special district under state law such as a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges into water resources; and
(2) Designed or used for collecting or conveying stormwater; and
(3) Which is not a combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined at 40 C.F.R. Part 122.2.
(y) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). 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.
(z) NONSTRUCTURAL STORMWATER CONTROL MEASURE (SCM). 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.
(aa) OPEN DRAINAGE WAY. Use of the land to collect and transport stormwater runoff in a swale, ditch, channel or stream.
(bb) POST-DEVELOPMENT. The conditions that exist following the completion of soil-disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality or direction of stormwater runoff.
(cc) 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 by the City of Solon.
(dd) PRE-DEVELOPMENT. The conditions that exist prior to the initiation of soil-disturbing activity in terms of topography, vegetation, land use and the rate, volume, quality or direction of stormwater runoff.
(ee) PROFESSIONAL ENGINEER. A professional engineer registered in the State of Ohio with specific education and experience in water resources engineering, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(ff) PROFESSIONAL SURVEYOR. A professional surveyor registered in the State of Ohio with specific education and experience to adequately perform the art of surveying, acting in conformance with the Code of Ethics of the Ohio State Board of Registration for Engineers and Surveyors.
(gg) 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.
(hh) RIPARIAN AREA. Land adjacent to any brook, creek, river or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(ii) RUNOFF. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to water resources.
(jj) SEDIMENT. The 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.
(kk) SEDIMENTATION. The deposition of sediment in water resources.
(ll) SHEET FLOW. An overland flow or downslope movement of water taking the form of a continuous film over land surfaces and not concentrated into channels.
(mm) SITE OWNER/OPERATOR. Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity or an agent thereof that is responsible for the overall construction site.
(nn) 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, increased stormwater quantity and/or decreased stormwater quality.
(oo) STABILIZATION. The use of best management practices or Stormwater Control Measures that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity or a combination thereof.
(pp) STORMWATER. Defined at 40 CFR 122.26(b)(13) and means stormwater runoff, snow melt runoff and surface runoff and drainage.
(qq) STRUCTURE. For the purpose of this chapter, STRUCTURE shall refer to any home, garage, basement, accessory building, commercial, retail or industrial building or any other human-made permanent feature meant for human habitation. Natural flowing rivers, creeks, ponds, lakes, yards, streets, roadways and sidewalks are not considered STRUCTURES.
(rr) 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.
(ss) STORMWATER MANAGEMENT PRACTICE. Any structural or nonstructural stormwater management practice developed in accordance with a Comprehensive Stormwater Management Plan developed and approved under this regulation.
(tt) STRUCTURAL STORMWATER CONTROL MEASURE (SCM). Any constructed facility, structure or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.
(uu) SURFACE WATER OF THE STATE also WATER RESOURCE. Any stream, lake, reservoir, marsh, wetland or other waterway situated wholly or partly within the boundaries of the state, except those private waters who do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in R.C. § 6111.01 are not included.
(vv) TOTAL MAXIMUM DAILY LOAD. 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 TOTAL MAXIMUM DAILY LOAD 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.
(ww) WATER QUALITY VOLUME (WQv). 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.
(xx) 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 R.C. § 6111.01 are not included.
(yy) WATER RESOURCE CROSSING. Any bridge, box, arch, culvert, truss or other type of structure intended to convey people, animals, vehicles or materials from one side of a watercourse to another. This does not include private, noncommercial footbridges or pole mounted aerial electric or telecommunication lines, nor does it include below-grade utility lines.
(zz) WATERSHED. The total drainage area contributing stormwater runoff to a single point.
(aaa) 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 (40 C.F.R. Part 232, as amended).
(Ord. 2008-29, passed 4-7-2008; Ord. 2012-255, passed 12-3-2012; Ord. 2016-208A, passed 12-19-2016)