For the purpose of this regulation, the following terms shall have the meaning herein indicated:
(a) Damaged or diseased trees. "Damaged or diseased trees" means 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 onto a structure.
(b) Designated watercourse. "Designated watercourse" means a watercourse that is contained within, flows through or borders Kirtland and meets the criteria set forth in § 1294.05 of this regulation.
(c) Federal Emergency Management Agency. "Federal Emergency Management Agency (FEMA)" means the agency with overall responsibility for administering the National Flood Insurance Program.
(d) Impervious cover. "Impervious cover" means any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops and sidewalks.
(e) Kirtland. "Kirtland", throughout this regulation, this shall refer to the City of Kirtland, its designated representatives, boards or commissions.
(f) Noxious weed. "Noxious weed" means 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 regulation, the most recent version of this list at the time of application of this regulation shall prevail.
(g) 100-year floodplain. "100-year floodplain" means any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year.
(h) Ohio Environmental Protection Agency. "Ohio Environmental Protection Agency" is referred throughout this regulation as the "Ohio EPA."
(i) Ordinary high water mark. "Ordinary high water mark" means the point of the bank or shore to which the presence and action of surface water is so frequent 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 mark defines the bed of a watercourse.
(j) Riparian area. "Riparian area" means naturally vegetated land adjacent to watercourses that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants or performs other functions consistent with the purposes of this regulation.
(k) Riparian setback. "Riparian setback" means those lands in Kirtland that fall within the area defined by the criteria set forth in § 1294.05 of this regulation.
(l) Soil and Water Conservation District. "Soil and Water Conservation District" means an entity organized under Ohio R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees.
(m) Soil disturbing activity. "Soil disturbing activity" means 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.
(n) Substantial damage. "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 would exceed, 50% of the market value of the structure before the damage occurred.
(o) Watercourse. "Watercourse" means any natural brook, channel, creek, river or stream.
(p) Wetland. "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. (40 C.F.R. part 232, as amended)
(Ord. 02-O-33, passed 7-8-2002)