14-9E-1: DEFINITIONS:
As used in chapter 5, article I, "Sensitive Lands And Features", of this title, the following definitions shall apply. The general definitions contained in chapter 9, article A of this title shall apply to all terms used in chapter 5, article I of this title that are not defined in this section.
   ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or historic significance that is considered by the state historic preservation officer to be eligible for the National Register of Historic Places.
   BUFFER: An area of land that is located adjacent to a designated sensitive area and provides a transition area that protects slope stability, attenuates surface water flows and preserves wildlife habitat and protected wetlands, stream corridors and woodlands.
   BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where development activity such as building, grading, or clearing are prohibited unless otherwise exempt herein.
   COMPENSATORY MITIGATION: Creating a new wetlands or enhancing or expanding an existing wetland in exchange for allowing development activities to occur within an existing wetland.
   CONSTRUCTION AREA: The portion of a parcel of land where development activity, including the temporary storage of heavy equipment, and other improvements may take place and be located.
   CONSTRUCTION AREA LIMITS: A line delineated on a proposed development plan or site plan that establishes the no build line around protected sensitive areas, such as wetlands, streams, steep slopes, and woodlands, and their required buffers.
   DEVELOPED AREA OF CITY: An area of the city where platted lots abut a regulated stream as of December 13, 1995, the effective date of the sensitive areas ordinance.
   DIAMETER, TREE TRUNK: The diameter of a tree trunk measured at four and one-half feet (4.5') aboveground; if on a slope, measured from the high side of the slope. In the case of a tree with multiple trunks, the diameter shall be the average of the diameters of all the trunks.
   DIRECT DISCHARGE: The discharge of untreated surface water into a wetland from a developed or developing property through the use of an underground pipe, culvert, drainage tile, ditch, swale, channel or other means.
   FLOOD EVENT, 100-YEAR: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year, or which on the average will be equaled or exceeded at least once every one hundred (100) years.
   FLOODPLAIN: Any land area susceptible to being inundated by water as a result of a specific frequency flood. For instance, the 100-year floodplain is the area of land susceptible to being inundated by a 100-year flood event.
   FLOODWAY: The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to carry and discharge floodwaters so that confinement of floodwaters to the floodway area will not result in substantially higher flood elevation. Where floodway data has been provided in the flood insurance study, such data shall be used to define the floodway limits.
   FULLY HYDRIC SOILS: Soils susceptible to water saturation, and designated as fully hydric soils by the USDA soil conservation service, or its successor, as of December 1993.
   GRADING: Any excavating or filling or a combination thereof, including compaction.
   GROVE OF TREES: Ten (10) or more individual trees having a diameter of at least twelve inches (12"), and whose combined canopies cover at least fifty percent (50%) of the area encompassed by the trees.
   HISTORIC OBJECT: An artifact greater than one hundred (100) years old.
   MITIGATION: The process of avoiding, minimizing, rectifying, reducing, or compensating for losses or potential losses to an environmental or sensitive feature due to development activity. For example, a wetland mitigation plan is used to illustrate the methods that will be employed to avoid, minimize, rectify, or reduce the impacts of development activity on a protected wetland. When impacts on a protected wetland are unavoidable, a wetland mitigation plan will describe the methods of compensating for any losses.
   ORDINARY HIGH WATER MARK: A line on the bank of a watercourse established by the regular presence and action of surface water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or by other appropriate means that consider the characteristics of the surrounding area. The ordinary high water mark defines the bed of a watercourse.
   PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on undeveloped, untilled portions of properties and contain primarily a mixture of native warm season grasses interspersed with native flowering plants. Known extant prairie remnants are identified on the Iowa City sensitive areas inventory map - phase I.
   PREHISTORY: Relating to or existing in times antedating written history (prior to approximately 1700 AD) in Iowa City.
   SENSITIVE AREAS CONSERVATION TRACT: A separate tract which protects sensitive areas and associated buffers within planned developments, subdivisions and building site plans; held separately from buildable lots by an incorporated homeowners' association or a nonprofit conservation organization, or dedicated to the city.
   SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a level I or level II sensitive areas review that delineates construction area limits and designates protected sensitive areas and associated buffers within a planned development.
   SENSITIVE AREAS INVENTORY MAP - PHASE I: The map of the Iowa City service area with designations of potential environmentally sensitive areas, such as woodlands, wetlands, floodplains, steep slopes, hydric soils, prairie remnants and geological, historical and archaeological features.
   SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing environmentally sensitive features that are designated on an approved sensitive areas site plan or a sensitive areas development plan and where no development activity is allowed.
   SENSITIVE AREAS REVIEW, LEVEL I: An administrative review of a sensitive areas development plan required prior to any development activity, which is not otherwise exempted, on property that contains any regulated sensitive feature as specified in chapter 5, article I of this title, but for which a level II sensitive areas review is not required.
   SENSITIVE AREAS REVIEW, LEVEL II: A planned development rezoning that is required prior to any development activity that is not otherwise exempted, on any tract of land that contains regulated sensitive features as specified in chapter 5, article I of this title. Said rezoning requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract.
   SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical rise of at least ten feet (10'), and which is not otherwise approved by the city, such as city approval of a grading plan, prior to December 13, 1995.
   SLOPE, ALTERED PROTECTED: Any slope of forty percent (40%) or steeper created by human activity such as cutting or filling, which activity has occurred prior to December 13, 1995, and which slope is not otherwise approved by the city.
   SLOPE, CRITICAL: A slope of twenty five percent (25%), but less than forty percent (40%).
   SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value.
   SLOPE, PROTECTED: Any slope of forty percent (40%) or steeper.
   SLOPE, STEEP: A slope of eighteen percent (18%), but less than twenty five percent (25%).
   SLOPES, REGULATED: Slopes defined herein as "steep" (18 to 24 percent), "critical" (25 to 39 percent), and "protected" (40+ percent).
   STREAM CORRIDOR, REGULATED: Floodways designated on either the current federal emergency management agency flood boundary and floodway maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 feet scale) flood boundary and floodway maps and watercourses, such as a river, stream or drainageway, which are shown in blue (the blue line) on the current U.S. geological survey quadrangle maps and have a bed and bank defined by an "ordinary high water mark", as defined in this title and verified in the field by a qualified professional, and a definite direction of flow, either continuously or intermittently. In cases where no floodway is delineated, the blue line will serve as the centerline within a thirty foot (30') wide stream corridor.
   TREE, FOREST: Any tree two inches (2") in diameter or greater, and included on the list of forest trees approved by the city.
   WETLAND SPECIALIST: An individual certified as a "wetland specialist" by the society of wetland scientists, or its successor, or a person who can demonstrate to the city that he or she has expertise in wetland areas which may include delineation, mitigation and evaluation.
   WETLAND/WETLAND AREAS: 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. "Wetlands" generally include swamps, marshes, bogs, and similar areas. For the purposes hereof, "wetland" shall mean a jurisdictional wetland that is regulated by the U.S. army corps of engineers, or its successor. Determination of jurisdictional wetlands shall be made either by the corps or its successor or by a wetland specialist and accepted by the corps or its successor.
   WOODED AREAS: Includes woodlands or "groves of trees", as defined in this article.
   WOODLAND CLEARING: The destruction or removal of trees within regulated woodlands by physical, mechanical, chemical or other means, such that the clearing results in a total opening in the woodland canopy of twenty thousand (20,000) square feet or more.
   WOODLAND/WOODLAND AREA: Any tract of land with a contiguous wooded area not less than two (2) acres and containing not less than two hundred (200) forest trees per acre. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 10-4398, 7-12-2010)