The Ohio Enviromnental Protection Agency ("Ohio EPA") produces a Construction General Permit entitled "Authorization for Storm Water Discharges Associated with Construction Activity under the National Pollutant Discharge Elimination System". The definitions in that permit shall apply to this chapter. When that permit is updated, the definitions in the most current version of the permit shall apply to this chapter. The following definitions shall also apply:
(a) ABBREVIATED STORMW ATER POLLUTION PREVENTION PLAN (ABBREVIATED SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this chapter for sites disturbing 0.2 (two-tenths) to one (1) acre of land.
(b) ACRE: A measurement of area equaling 43,560 square feet.
(c) ADMINISTRATOR: The person or entity having the responsibility and duty of administering and ensuring compliance with this chapter.
(d) BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices (both structural and non-structural) to prevent or reduce the pollution of surface waters of the state. BMPs also include treatment requirements, operating procedures and practices to control plant and/or construction site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
(e) COMMUNITY: Throughout this chapter, this shall refer to the City of Warren, its designated representatives, boards, or commissions.
(f) CONSTRUCTION ENTRANCE: The permitted points of ingress and egress to development areas regulated under this chapter.
(g) CONSTRUCTION GENERAL PERMIT: The most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of storm water discharges associated with construction activities issued by Ohio EPA (Ohio EPA Permit #OHC000005 and its successors).
(h) CRITICAL AREA: Any area the disturbance of which would cause soil erosion and sediment runoff and damage to private properties, water courses, storm sewers or public lands due to topography, soil type, hydrology, or proximity to a water course. These areas include, but are not limited to, riparian areas, wetlands, and highly erodible soils.
(i) 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.
(j) DISCHARGE: The addition of any pollutant to surface waters of the state from a point source.
(k) DISTURBANCE: Any clearing, grading, grubbing, excavating, filling, or other alteration of land surface where natural or mari-made cover is destroyed in a manner that exposes the underlying soils.
(l) DISTURBED AREA: An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities such as grading, excavating, or filling.
(m) DRAINAGE: (1) The area of land contributing surface water to a specific point. (2) The removal of excess surface water or groundwater from land by surface of subsurface drains.
(n) DRAINAGE WAY: A natural or manmade channel, ditch, or waterway that conveys surface water in a concentrated manner by gravity.
(o) 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.
(p) EROSION AND SEDIMENT CONTROL: The control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.
(q) GRADING: The excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(r) GRUBBING: removing or grinding of roots, stumps and other unwanted material below existing grade.
(s) IMPERVIOUS: That which does not allow infiltration.
(t) LANDSCAPE ARCHITECT: A Professional Landscape Architect registered in the State of Ohio.
(u) SUBDIVISIONS, MAJOR AND MINOR: (1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, into two (2) or more parcels, sites, or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the following are exempt: (a) A division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access; (b) The sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites; (c) If the planning authority adopts a rule in accordance with section 711.133 of the Ohio Revised Code that exempts from division (B)(l) of this section any parcel of land that is four acres or more, parcels in the size range delineated in that rule. (2) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any public or private street or streets, except private streets serving industrial structures, or involving the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage, or other similar facilities.
(v) 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 Trumbull County Auditor's Office.
(w) PERCENT IMPERVIOUSNESS: The impervious area created divided by the total area of the project site.
(x) PERSON: 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.
(y) PHASING: Clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.
(z) PRE-CONSTRUCTION MEETING: A meeting between the City of Warren and all principal parties, prior to the start of any construction, at a site that requires a Stormwater Pollution Prevention Plan.
(aa) PRE-WINTER STABILIZATION MEETING: A meeting between the City of Warren and all principal parties, prior to October 1, in order to plan winter erosion and sediment controls for a site that is stopping construction during the winter and requires a Stormwater Pollution Prevention Plan.
(bb) RAINWATER AND LAND DEVELOPMENT (RLDM): A manual produced by the Ohio Environmental Protection Agency and the Ohio Department of Natural Resources which defines Ohio's standards and specifications for stormwater management practices implemented during land development. The purpose of this manual is to provide professionals involved in the planning, design, and implementation of land development projects with guidance on how to select, design, and locate stormwater management practices that minimize the adverse impacts of stormwater runoff during and after construction. The most up-to-date version of this manual must be consulted where specified in this chapter. Hereafter referred to as RLDM.
(cc) RUNOFF: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.
(dd) SEDIMENT: The soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.
(ee) SEDIMENTATION: The deposition or settling of sediment.
(ff) SOIL DISTURBING ACTIVITY: Clearing, grading, excavating, filling, grubbing or stump removal that occurs during clearing or timber activities, 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.
(gg) SOIL AND WATER CONSERVATION DISTRICT: An entity organized under Chapter 940 of the Ohio Revised Code referring to either the Trumbull County Soil and Water Conservation District Board or its designated employee(s). One of the managing bodies of the Trumbull County Storm Water District, which does not include the City of Warren, but does include Bazetta Twp., Brookfield Twp., Champion Twp., Howland Twp., Hubbard Twp., Liberty Twp., Newton Twp., Vienna Twp., Warren Twp., Weathersfield Twp., Cortland City, Girard City, Hubbard City, Newton Falls City, Niles City, and the Village of McDonald and all unincorporated areas of the County. Hereafter referred to as Trumbull County SWCD.
(hh) STABILIZATION: The use of best management practices, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.
(ii) STORMWATER POLLUTION PREVENTION PLAN (SWP3): The written document that sets forth the plans and practices to be used to meet the requirements of this chapter.
(jj) STORMWATER: Stormwater runoff, snow melt and surface runoff and drainage.
(kk) SURFACE OUTLET: A dewatering device that only draws water from the surface of the water.
(ll) TEMPORARY STABILIZATION: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation, and other techniques capable of quickly establishing cover over disturbed areas to provide erosion control between construction operations.
(mm) TOPSOIL: The upper layer of the soil that is usually darker in color and richer in organic matter and nutrients than subsoil.
(nn) UNSTABLE SOILS: A portion of land that is identified by the project 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.
(oo) WATER POLLUTION CONTROL DEPARTMENT: The City of Warren Department responsible for the management of NPDES Permit No. OHQ000004, Authorization for Small Municipal Separate Storm Sewer Systems (MS4) to Discharge Stormwater under the National Pollutant Discharge Elimination System (NPDES). Hereafter referred to as Warren WPC.
(pp) 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.
(qq) WATERSHED: The total drainage area contributing runoff to a single point.
(rr) 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 CPR 232, as amended). (Ord. 13158/2022. Passed 9-28-22.)