For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Applicant” Any person who executes the necessary forms to procure official approval of a project or a permit to carry out a project.
(b) “Best Management Practices (BMPs).” Conservation practices or protective measures which reduce impacts from a particular land use. Best Management Practices for construction are outlined in Rainwater and Land Development, Ohio's Standard for Storm Water Management, Land Development, and Urban Sediment Protection prepared by the Ohio Department of Natural Resources.
(c) “City.” Throughout this regulation “the City” shall mean the City of North Royalton, State of Ohio, and its designated agents and representatives.
(d) “Conservation.” The wise use and management of natural resources.
(e) “Damaged or diseased trees.” Trees that have a split trunk, broken tops, heart rot, or insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, leaning 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 stream or onto a structure.
(f) “Defined channel.” A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries.
(g) “Development area.” Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.
(h) “Ditch.” An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(i) “Dumping.” The grading, pushing, piling, throwing, unloading or placing of soil or other material.
(j) “Federal Emergency Management Agency (FEMA).” The agency with overall responsibility for administering the National Flood Insurance Program.
(k) “Final plat.” A final tracing of all or a phase of a subdivision and its complete survey information.
(l) “Grading.” Earth-disturbing activity such as excavation, stripping, cutting, filling, stockpiling or any combination thereof.
(m) “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.
(n) “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 through 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.
(o) “Noxious weed.” Any plant defined as a “noxious weed” in Appendix I “Noxious weeds.”
(p) “Ohio Rapid Assessment Method.” A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.
(q) “100-year floodplain.” Any land susceptible to being inundated by water from a base flood, which is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purpose of these regulations, the 100-year floodplain shall be defined by FEMA and approved by the City.
(r) “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 or woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary water mark defines the channel of a stream.
(s) “Outfall.” An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
(t) “Pollution.” Any contamination or alteration of the physical, chemical or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare, domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses; livestock; wildlife, including birds, fish or other aquatic life.
(1) “Point source” pollution is traceable to a discrete point or pipe.
(2) “Non-point source” pollution is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than direct discharge.
(u) “Preliminary plan.” A drawing of a major subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the final plat.
(v) “Riparian area.” A transitional area between flowing water and terrestrial ecosystems which provides a continuous exchange of nutrients and woody debris between land and water. This area is at least periodically influenced by flooding. “Riparian areas,” if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants, or perform other functions consistent with the purposes of these regulations.
(w) “Riparian setback.” The area set back from each bank of a stream to protect the riparian area and stream from impacts of development, and streamside residents from impacts of flooding and land lost through erosion. “Riparian setbacks” are those lands within the City that fall within the area defined by the criteria set forth in these regulations.
(x) “Soil and Water Conservation District (SWCD).” An entity organized under Ohio R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Cuyahoga SWCD.
(y) “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.
(z) “Storm Water Pollution Prevention Plan (SWPPP).” The plan which describes all the elements of the storm water strategy implemented during and after construction. The plan addresses erosion control and storm water quality.
(aa) “Storm water quality treatment.” The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.
(bb) “Stream.” A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (Ohio R.C. 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel.
(cc) “Variance.” A modification of the enforcement of this chapter which will not be contrary to the public interest and where, due to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in undue hardship to the applicant.
(dd) “Watercourse.” A natural or artificial waterway, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through or borders the community.
(ee) “Watershed.” An area of land that drains into a particular watercourse, usually divided by topography.
(ff) “Wetlands.” 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.
(Ord. 05-172. Passed 12-5-05.)