1354.01 DEFINITIONS.
For the purposes of this Chapter:
(a) "Best Management Practice" or "BMP" means 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) "Channel" means a natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(c) "Conservation" means the wise use and management of natural resources.
(d) "Deteriorated Structure" means 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" means an excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(f) "Erosion" means 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" means 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.
(h) "Existing" means in existence at the time of the passage of this chapter and these regulations.
(i) "Federal Emergency Management Agency" or "FEMA" is the agency with overall responsibility for administering the National Flood Insurance Program.
(j) "Impervious Cover" means any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, and sidewalks.
(k) "Noxious Weed" means any plant species defined by the Ohio Department of Agriculture as "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of the application of these regulations shall prevail.
(l) "Ohio EPA" means the Ohio Environmental Protection Agency.
(m) "Ordinary High Water Mark" means 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.
(n) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, township, county, state agency, the federal government, or any combination thereof.
(o) "Qualified Forester" means 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.
(p) "Retention Basin" means a storm water management pond that maintain 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.
(q) "Riparian Area" means 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 regulations.
(r) "Riparian Setback" means those lands within the City which are alongside streams, and which fall within the area defined by the criteria set forth in these regulations.
(s) "Sediment" means 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.
(t) "Sediment Control" means the limiting of sediment being transported, by controlling erosion or detaining sediment-laden water, allowing the sediment to settle out.
(u) "Sediment Pollution" means 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.
(v) "Soil" means unconsolidated erodible earth material consisting of minerals and/or organics.
(w) "Soil Survey" means 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.
(x) "Stream" means 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.
(y) "Substantial Damage" means 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.
(z) "100-Year Flood Plain" means 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 regulation, 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 City.
(aa) "Watercourse" means any natural, perennial, or intermittent channel, stream, river or brook.
(bb) "Water Resources" means 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 no combine or affect a junction with natural surface waters.
(cc) "Wetland" means 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. (See 40 CFR 232.2, as amended). Wetlands shall be delineated by a site survey approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply. (Ord. 2003-52. Passed 12-9-03.)
(dd) “Wetland, Ohio EPA Category 1 Wetlands” means those wetlands classified by the Ohio Environmental Protection Agency (Ohio EPA) as Category 1 Wetlands under OAC 3745-1-54(C)(1), 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 regulation.
(ee) "Wetland, Ohio EPA Category 2 Wetlands" means 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 regulation.
(ff) "Wetland, Ohio EPA Category 3 Wetlands" means 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 regulation.
(gg) "Wetland Setback" means those lands within the City that fall within the area defined by the criteria set forth in these regulations.
(hh) "Winter" means October 1st to April 1st of each year.
(Ord. 2013-10. Passed 3-12-13.)