For the purposes of this Chapter:
(a) BEST MANAGEMENT PRACTICES (BMP): Structural or nonstructural facilities or activities that control soil erosion and/or storm water runoff at a development site. Includes treatment requirements, operating and maintenance procedures, or other practices to control site runoff, leaks, or waste disposal.
(b) CHANNEL: A natural bed that conveys water, or a ditch or channel excavated for the natural flow of water.
(c) CONSERVATION: The wise use and management of natural resources.
(d) DETERIORATED STRUCTURE: A structure which has sustained substantial damage from any origin whereby the cost of restoring the structure to its before damaged condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
(e) DITCH: An open channel, either human made or natural, for the purpose of drainage or irrigation with intermittent flow.
(f) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(g) EROSION AND SEDIMENT CONTROL PLAN: A written and/or drawn soil erosion and sediment pollution control plan to minimize the removal of soil material from the land surface and to prevent its transport out of the disturbed area by means of wind, water, ice, gravity, or any combination of those forces, created and signed by a Registered Professional Engineer in the State of Ohio.
(h) EXISTING: The present condition of the land at the time of adoption of this chapter.
(i) FEDERAL EMERGENCY MANAGEMENT AGENCY or FEMA: The agency with overall responsibility for administering the National Flood Insurance Program.
(j) 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.
(k) NOXIOUS WEED: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this ordinance, the most recent version of this list at the time of the application of these ordinances shall prevail.
(l) ODNR: The Ohio Department of Natural Resources.
(m) OHIO EPA: The Ohio Environmental Protection Agency.
(n) ORDINARY HIGH WATER MARK: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
(o) OWNER: Any person, as defined herein, holding fee simple title to the property or option to purchase the property proposed for development.
(p) PERSON: Any individual, corporation, partnership, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(q) QUALIFIED FORESTER: Any forester employed by the Ohio Department of Natural resources, Division of Forestry, or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.
(r) 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.
(s) RIPARIAN AREA: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these ordinances.
(t) RIPARIAN SETBACK: Those lands within the Village which are alongside streams, and which fall within the area defined by the criteria set forth in this chapter.
(u) 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.
(v) SEDIMENT CONTROL: The limiting of sediment being transported, by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(w) 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-distributing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(x) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(y) 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.
(z) STREAM: A body of water running or flowing on the earth's surface, or a channel in which such flow occurs. Flow may be seasonally intermittent.
(aa) SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
(bb) 100-YEAR FLOOD PLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has one percent (1%) or greater chance of being equaled or exceeded in any given year. For the purposes of this ordinance, the 100-year flood plain shall be defined by FEMA or a site-specific Flood plain Delineation in conformance with standard engineering practices and approved by the Village.
(cc) VILLAGE: The Village of Bratenahl, Ohio, and/or its authorized representative.
(dd) WATERCOURSE: Any natural, perennial, or intermittent channel, stream, river, or brook.
(ee) WATER RESOURCE: Any public or private body of water including lakes or ponds, and streams, gullies, swales, or ravines having banks, a defined bed, and a definite direction of course, either continuously or intermittently flowing.
(ff) WETLAND: Those areas as determined to be jurisdictional wetlands by the U.S. Army Corps of Engineers or the Ohio EPA 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 CFR 232, as amended).
(gg) WETLAND, OHIO EPA CATEGORY 2 WETLANDS: Those wetlands classified by the Ohio Environmental Protection Agency (Ohio EPA) as Category 2 wetlands under OAC 3745-1-54 (C) (2), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this ordinance.
(hh) WETLAND, OHIO EPA CATEGORY 3 WETLANDS: Those wetlands classified by the Ohio EPA as Category 3 wetlands under OAC 3745-1- 54(C)(3), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this ordinance.
(ii) WETLAND SETBACK: Those lands within the Village that fall within the area defined by the criteria set forth in these ordinances.
(jj) WINTER: October 1st to April 1st of each year.
(Ord. 3275. Passed 3-16-05.)