1162.02 DEFINITIONS.
   (a)    For the purpose of this chapter the terms, phrases and words defined herein and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, words in the singular number include the plural number, and words used in the masculine gender include the feminine and neuter. Definitions contained elsewhere in this Code, where not in conflict with this chapter, shall apply.
      (1)    “Berm” or “mound” means an artificial rise or elevation above the natural grade of the surrounding ground created with earth, rock or other material.
      (2)   “Bio-retention” means an up-land water quality and water quantity control practice that uses the chemical, biological and physical properties of plants, microbes and soils for removal of pollutants from storm water runoff.
      (3)    “Buffering” means the use of landscaping or retained native vegetation or the use of landscaping along with berms, walls of decorative fences that at least partially and periodically obstruct the view from the street or an abutting property in such a manner that vehicular use areas, parking lots, parked cars, detention ponds and conflicting activity areas will be partially or completely screened.
      (4)   “Building footprint” means the outline of the total area covered by a building’s perimeter at the ground level.
      (5)   “Caliper” means the diameter of a tree, measured at a point six (6) inches above the ground line if the resulting measurement is no more than four (4) inches. If the resulting measurement is more than 4 inches, the measurement shall be made at a point twelve (12) inches above the ground line.
      (6)   “Clear” means the removal or destruction of any trees protected by the provisions of this chapter.
      (7)   “Damage” or “abuse” means any action or inaction which does not follow good arboricultural practices as established by the National Arborist Association. Abuse also includes damage inflicted upon roots by machinery, changing the natural grade above the root system or around the trunk, destruction of the natural shape or any action which causes infection, infestation or decay.
      (8)   “Deciduous” means plant material which normally sheds its foliage at the end of the growing season.
      (9)   “Desirable tree” means any tree not included in the definition of undesirable tree.
      (10)   "Developed" means real property that has been altered from its natural state and a structure(s) constructed, and it includes any parcel where a structure has been demolished unless the parcel has been re-forested.
      (11)   “Diameter breast height” or “d.b.h.” means the diameter, in inches, of a tree trunk measuring vertically to a point four and one-half (4½) feet above the finished grade level.
      (12)   “Dripline” means an imaginary perpendicular line that extends downward from the outermost branches of a tree to the ground.
      (13)   “Drought tolerant plant” means a plant, once established, that survives on natural rainfall with occasional irrigation during dry periods.
      (14)   “Emitter” means a device that applies irrigation water.
      (15)   “Evergreen” or “conifer” means a plant that maintains its foliage throughout the year.
      (16)   "Forested" means a parcel where the overgrowth of mature native trees occupy an area in excess of seventy-five (75%) percent of the total parcel area.
      (17)   “Ground cover” means any ornamental plant or grass which grows along the ground.
      (18)   “Hedge” means a close planting of shrubs which forms a compact, dense, living barrier which protects, shields, separates or demarcates an area from view and which is eighty (80%) percent opaque within twelve (12) months after planting.
      (19)   “Impervious area” means that portion of a lot or parcel of land which is covered by any material with a runoff coefficient greater than that assigned to the land in its natural state.
      (20)   “Irrigation” means a permanent underground watering system equipped with surface, subsurface or overhead emitters and which provides one hundred (100%) percent water coverage.
      (21)   “Landscaping” means the design, arrangement, planting or removal of natural scenery including, but not necessarily limited to, trees, shrubs, vines, rocks and water, together with man-made materials or objects including, but not necessarily limited to, a bicycle rack, fence, fountain, artwork, sculpture, furniture, or machine, over a given parcel for the purpose of creating the best practical appearance to the land.
      (22)   “Landscaped area” means the minimum area over a parcel that is required to be landscaped pursuant to this chapter.
      (23)   “Landscape architect” means a person duly registered pursuant to §4703.30, et seq. of the Ohio Revised Code, and as amended. A registered architect is included in this definition to the extent permitted by §4703.32 of the Ohio Revised Code, and as amended.
      (24)   “Mulch” means any material such as leaves, bark, straw, or other material left loose and applied to the soil surface to retain soil moisture, control erosion, inhibit weeds, and/or regulate soil temperatures.
      (25)   “Native plant material” means any plant material indigenous to northeast Ohio and which is naturally grown or commercially propagated or cultivated for the nursery or landscaping industry.
      (26)   “Ornamental tree” or “understory tree” means any self-supporting single and multi-stem woody plant of a species which grows to a height of less than thirty (30) feet at maturity and shows ornamental qualities such as flowers, fruit, bark character, or shape.
      (27)   “Parking lot area” means the total area of a parcel devoted to surface parking and other vehicle areas and includes access aisles, driveways, and loading areas; but is exclusive of the area of any sidewalks, ring roads and the public right-of-way.
      (28)   “Pervious area” means a permeable surface area which allows passage of surface water and air to the root system of a tree.
      (29)   “Shade tree” or “canopy tree” means a hardwood tree that reaches a minimum height of thirty (30) feet at maturity.
      (30)   “Shrub” means a low-growing, multi-stemmed plant lacking a single trunk.
      (31)   “Sight triangle” means all of that portion of land lying within a triangular shaped area at each intersection of a public right-of-way or curb cut described as follows: Beginning at the precise corner of the intersection point of the curb of the street with the curb of a driveway or curb of another public right-of-way intersection forming each corner and extending a distance, in feet, which is equal to the highest posted speed limit of the intersecting roadway(s) along each such curb line from said curb intersection point, the third side being determined by the drawing of a straight line from the ends of each such leg (whether said land be privately owned or unpaved or untraveled street right-of-way property). To illustrate, at the intersection of two roadways where the posted speed limits are, respectively, twenty-five (25) m.p.h. and thirty-five (35) m.p.h., each leg of the sight triangle shall be thirty-five (35) feet.
      (32)   “Soil stabilization” means the use of artificial products which are spread over the surface of the ground to hold and restrain the soils and any seeds during a rain event and which keep the seeds from being eroded until they have had a chance to germinate and provide a natural stabilizing ground cover.
      (33)   “Trimming” means to selectively remove branches without irreversibly altering the natural shape or form of a tree and without irreversibly damaging or destroying the tree.
         (Ord. 17-O-95. Passed 10-3-17.)
         (34)    "Undesirable tree" means any of the following: Silver Maple [Acer saccharinum], Box Elder [Acernegundo], Ailanthus or Tree of Heaven [Ailanthus altissima], Siberian Elm [Ulmus pumila], Poplars [Populas species], Buckthorn [Rhamnus species], Russian and Autumn olive [Eleagnus angusifolia and umbellate], American sweetgum [Liquidambar styraciflue] and Amur Honeysuckle [Lonicera maackii].
         (Ord. 22-O-071. Passed 9-6-22.)