1347.05 DEFINITIONS.
   (a)   For the purpose of this chapter certain terms and words shall be used, interpreted and defined as set forth in this section. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular shall include the plural, and vice-versa; the words, “these regulations”, means “this chapter”; the word, “person”, includes corporation, partnership, and unincorporated association of persons; and the word “shall” is always mandatory.
      (1)   Deleted by Ordinance 98-12.
      (2)   “10 year storm” means that the calculated flows will occur on the average of no more than once every ten years. Since this is an average occurrence, it may be possible that higher flows occur several times in any ten-year period and then not occur again for many years.
      (3)   "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year, that is the 100 year flood.
      (4)    "By-pass channel" means a channel formed in the topography of the earth's surface to carry storm water runoff through a specific area.
      (5)    "Channel" means a watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water, and which has a definite bed and banks.
      (6)    "Common use" means a storm sewer or ditch or swale which has been in use for over twenty-one years or is located in a street right of way or is encumbered by a recent easement for storm water purposes.
      (7)    "Culvert" means any transverse drain under a road, driveway, bridge or other means of access to the traveled portion of a highway.
      (8)    "Control structure" means a structure designed to control the volume of storm water runoff that passes through it during a specific length of time.
      (9)   Deleted by Ordinance 98-12.
      (10)   Deleted by Ordinance 98-12.
      (11)   "Development" means any change of land use or improvement on any parcel of land.
      (12)   Deleted by Ordinance 98-12.
      (13)    "Downhill" means drainage to a lower area.
      (14)   "Drainage system" means a network consisting of any combination or type of open channels, holding basins and enclosed facilities employed to convey the runoff of natural waters.
      (15)   Deleted by Ordinance 98-12.
      (16)   "Easement" means authorization by a property owner for use by another party or parties of all or any portion of his/her land for a specified purpose.
         A.   "Easement for mutual benefit" means a storm sewer easement maintained by the property owner for flow of storm water over owner's property to the benefit of uphill property owners.
      (17)   "Enclosed drainage system" means a network of artificial conduits and pipe constructed to convey the runoff of natural waters.
      (18)   "Encroachment limit" means the boundary of a maintenanceway easement adjacent to a drainage channel within which no building or structure shall be erected or trees, bushes or other plantings planted which shall interfere with the maintenance of the drainage channel.
      (19)   Deleted by Ordinance 98-12.
      (20)   Deleted by Ordinance 98-12.
      (21)   "Floodplain" means a land area adjoining a river, stream, watercourse, or lake which is likely to be flooded.
      (22)   Deleted by Ordinance 98-12.
      (23)   "Freeboard" means a factor of safety expressed as the difference in elevation between the top of the detention basin dam and the design surface water flow elevation.
      (24)   "Grade" means the slope of land around a building.
      (25)   "Habitable dwelling unit" means a dwelling unit intended for and suitable for human habitation.
      (26)   "Natural drainage" means channels formed by the existing surface topography of the earth prior to changes made by unnatural causes.
      (27)   Deleted by Ordinance 98-12.
      (28)   "Open drainage system" means a network of natural streams, constructed channels, ditches and detention-retention areas employed to convey and control the runoff of natural waters.
      (29)   "Plat" means a legally recorded plan of a parcel of land subdivided into lots with streets, alleys and other land lines drawn to scale.
      (30)   "Positive gravity outlet" means a term used to describe the drainage of an area by means of natural gravity so that it lowers the free water surface to a point below the existing grade or invert of storm drains within the area.
      (31)   "Project" means any development involving the construction, reconstruction or improvement of structures and/or grounds.
      (32)   "Public right of way" means any public passage, street, boulevard, road or alley.
      (33)   Deleted by Ordinance 98-12.
      (34)   "Public ditch or storm sewer" means a storm sewer or ditch which has been in use for the general public for over twenty-one years or is within a public street right of way or is encumbered by a recent easement for storm water purpose.
      (35)   Deleted by Ordinance 98-12.
      (36)   "Recognized agency" means an agency or governmental unit that has statistically and consistently examined local, climatic and geologic conditions and maintained records as they apply to storm water runoff.
      (37)   "Safe storm drainage capacity" means the quantity of storm water runoff that can be transported by a channel or conduit without having the water surface rise above the level of the earth's surface over the conduit or adjacent to the waterway.
      (38)   "Site" means a parcel of land under one ownership.
      (39)   "Slope" means the grade of the land around a building over which water will flow.
      (40)   Deleted by Ordinance 98-12.
      (41)   "Stormwater runoff release rate" means the rate at which storm water runoff is released from dominant to servient land.
      (42)   "Storm water storage area" means areas designated to store excess storm water.
      (43)   "Structure" means any object constructed above or below ground.
      (44)   "Tributary area" means all of the area that contributes stormwater runoff to a given point.
      (45)   "The primary system" means the system composed of the regulatory floodplain as shown on the National Flood Insurance Program maps.
      (46)   "The secondary system" means the system composed of all watercourses and drainage structures, both public and private, that are not mapped as part of the primary system.
      (47)   "Uphill" means drainage from a higher area.
      (48)   Deleted by Ordinance 98-12.
      (49)   Deleted by Ordinance 98-12.
      (50)   "Yard" means the area around a building; front, side and rear.
         (Ord. 87-80. Passed 11-9-87.)