For the purpose of these regulations, the following terns shall have the meaning herein indicated:
(a) “Damaged or diseased trees.” Trees that have split trunks, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.
(b) “Federal Emergency Management Agency (FEMA).” The agency with overall responsibility for administering the National Flood Insurance Program.
(c) “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.
(d) “Intermittent stream.” A natural watercourse that may have some water in pools but where surface flows are nonexistent or interstitial for periods of one week or more during typical summer months.
(e) “Natural succession.” A gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment throughout their life activities, thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.
(f) “Noxious weed.” Any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the ODA. For the purposes of these regulations, the most recent version of this list at the time of application of these regulations shall prevail.
(g) “One hundred-year floodplain.” Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations, the 100-year floodplain shall be defined by FEMA or a site specific flood plain delineation in conformance with standard engineering practices and approved by the Village.
(h) “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 characteristic. The ordinary high water defines the bed of a watercourse.
(i) “Perennial stream.” A natural watercourse that contains water throughout the year, except possibly during periods of extreme drought.
(j) “Riparian area.” Naturally vegetated land adjacent to watercourses that, if appropriately sized, stabilizes stream banks, limits erosion, reduces flood size flows, and/or filters and settles out runoff pollutants, or performs other functions consistent with the purposes of these regulations.
(k) “Riparian setback.” Those lands within the Village that fall within the area defined by the criteria set forth in these regulations.
(l) “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.
(m) “Soil and Water Conservation District.” An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Cuyahoga SWCD.
(n) “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 which may result in or contribute to erosion and sediment pollution.
(o) “Village.” Throughout these regulations, this shall refer to the Village of Brooklyn Heights or its designated representative.
(p) “Watercourse.” Any natural, perennial or intermittent, stream, river or brook with a defined bed and bank that is contained within, flows through or borders the Village.
(q) “Wetland.” Those areas that are inundated or saturated by surface or groundwater 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).
(Ord. 22-02. Passed 4-2-02.)