As used in this chapter, the following words and terms are defined as follows:
(a) BEST MANAGEMENT PRACTICE (BMP): Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(b) BOG: A rare type of wetland containing acid tolerant mosses, plants, insects and animals. Bogs filter and use acidic ground, surface and rain water and prevent flooding by absorption. This very sensitive habitat is of high importance to biodiversity and flood control.
(c) CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professional In Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control.
(d) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(e) COMMUNITY: Throughout this regulation the Community shall mean the City of Streetsboro, State of Ohio, and its designated agents and representatives.
(f) CONSERVATION: The wise use and management of natural resources.
(g) 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.
(h) DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(i) EARTH DISTURBING ACTIVITY: 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: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
(l) EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(m) EXISTING: In existence at the time of the passage of this ordinance and these regulations.
(n) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(o) FEN: A type of rare wetland in the form of a high quality spring flowing freely from the ground or rock formation including the surrounding wetland area it forms by its own drainage. Usually indicating nearby ground water movement, Fens are not acidic, reduce the risk of flooding, and provide valuable habitat for unique plant and animal communities.
(p) FLOODPLAIN: Land adjacent to a stream, river, wetland, channel, or lake that floods. Floodplains are very important for high water-volume storage, for aquifers or absorption areas, and make up part of the riparian zone.
(q) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(r) GRUBBING: Removing, clearing or scalping material such as roots, stumps or sod.
(s) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This includes, but is not limited to, roads, streets, parking lots, rooftops, and sidewalks.
(t) INTERMITTENT STREAM: A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months.
(u) INVASIVE PLANTS: Introduced, exotic, hybrid or noxious species of plants taking over a region where they do not belong, altering nutrient cycling and water filtration among other things. Invasive plants require costly and continuous eradication, and devastation to biodiversity and natural cycles. Invasives often occur where established native plants and trees have been removed by human activity. See various websites for constantly updated lists of invasive species.
(v) 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.
(w) LANDSLIDE: The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(x) LOCAL COUNTY SWCD: The local county Soil and Water Conservation District.
(y) NATIVE VEGETATION: Plants, trees, shrubs, etc. living and adapted to the particular environment, biological cycle, and part of the natural ecosystem before European settlement brought in foreign species.
(z) NATURAL RESOURCES CONSERVATION SERVICE (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(aa) 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.
(bb) OHIO EPA: The Ohio Environmental Protection Agency.
(cc) 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.
(dd) PERSON: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(ee) 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.
(ff) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
(gg) 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.
(hh) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
(ii) RIPARIAN SETBACK: Those lands within the Community which are alongside streams, and which fall within the area that the Community prohibits and restricts changes in land use and the building of structures.
(jj) 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.
(kk) 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.
(ll) SEDIMENT CONTROL: The limiting of sediment being transported by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(mm) 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.
(nn) SEDIMENT TRAP: A temporary sediment-settling pond having a simple spillway outlet structure stabilized with geotextile and rip rap.
(oo) SENSITIVE AREA: An area or water resource or water recharge and absorption field that requires special management because of its susceptibility to sediment pollution, or because of its importance to the well-being of the surrounding communities, region, or the state and includes, but is not limited to, the following:
(1) Ponds, wetlands or small lakes with less than five acres of surface area;
(2) Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
(3) Drainage areas of a locally designated or an Ohio designated Scenic River.
(4) Riparian and wetland areas, including, but not limited to Bogs, Fens, Vernal Pools/wet woods, Floodplains, and well recharge areas.
(pp) SETTLING POND: A runoff detention structure, such as a Sediment Basin or Sediment Trap, which detains sediment-laden runoff, allowing sediment to settle out.
(qq) SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(rr) SILVICULTURE: The theory and practice of controlling forest establishment, composition and growth
(ss) SLIP: A landslide as defined under "Landslides."
(tt) 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.
(uu) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(vv) SOIL CONSERVATION SERVICE, USDA: The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture.
(ww) SOIL STABILIZATION: Vegetative or structural soil cover that controls erosion, and includes permanent and temporary seed, mulch, sod, pavement, etc.
(xx) SOIL SURVEY: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(yy) 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.
(zz) STREAM: A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (ORC 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel.
(aaa) UPDATE: Land at a higher elevation, in general, than the alluvial plain or stream terrace: land above the lowlands along streams.
(bbb) USEPA: The United States Environmental Protection Agency.
(ccc) VERNAL POOLS: Small intermittent wetlands generally occurring in woods. Vernal pools collect snowmelt and rain water allowing for slow filtration and evaporation. Most pools dry completely before the next flooding event. Especially critical habitat for amphibians, rare plants and shrimp, regardless if in it's wet or periodic dry stage. Adjacent woodland is also biologically connected to the vernal pools.
(ddd) WATERCOURSE: Any natural, perennial, or intermittent channel, stream, river or brook.
(eee) 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.
(fff) 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, but not limited to, swamps, marshes, bogs, fens, vernal pools, wet woods, floodplains, and similar areas.
(ggg) WETLAND SETBACK: Those lands within the Community that fall within the area defined by the criteria set forth in these regulations.
(Ord. 2009-75. Passed 6-22-09.)