In addition to the definitions set forth in Chapter 1107, for the purpose of this chapter, the following terms shall mean:
(a) Class III primary headwater habitat stream - The highest quality primary headwater habitat streams as described in the most current version of the Ohio EPA Field Evaluation Manual for Ohio’s Primary Headwater Habitat Streams.
(b) Damaged or diseased trees - 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.
(c) Designated watercourse - A watercourse within the City that is in conformity with the criteria set forth in these regulations.
(d) Drainage ditch - A channel for carrying off excess water.
(e) Dumping - The grading, pushing, piling, throwing, unloading or placing soil or other material.
(f) Federal Emergency Management Agency (FEMA) - The agency with overall responsibility for administering the National Flood Insurance Program.
(g) Flood insurance rate maps (FIRM) - The official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community.
(h) Lake County Soil and Water Conservation District (Lake SWCD) - An entity organized under R.C. Chapter 1515 referring to either the Conservation District Board or its designated employee(s).
(i) Mitigated wetlands - Those actions taken to avoid, minimize, or deter the need to adversely affect existing wetlands and similar habitats.
(j) Noxious weed - 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 chapter, the most recent version of this list at the time of application of this regulation shall prevail.
(k) One hundred (100) year floodplain - Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. The 100 year floodplain shall be identified by FEMA.
(l) 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 of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed and bank of a watercourse.
(m) Riparian area - Land that is naturally vegetated and adjacent to designated watercourses that, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this chapter.
(n) Riparian setback - The real property adjacent to a designated watercourse located in the area defined by the criteria set forth in this chapter.
(o) Riparian setback map - A map identifying designated watercourses and their riparian setbacks including any additions, amendments, or deletions to the map, as created and updated from time to time by the appropriate governmental agencies.
(p) 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.
(q) Watercourse - Any brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(r) Watershed - The region drained by a watercourse.
(s) Wetland - 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 CFR 232, as amended).
(1) Category 1: Wetlands with minimal wetland function and/or integrity. Ohio Administrative Code (O.A.C.) Rule 3745-1-53(c) of the Ohio EPA.
(2) Category 2: Wetlands with moderate wetland function and/or integrity. Ohio Administrative Code (O.A.C.) Rule 3745-1-53(c) of the Ohio EPA.
(3) Category 3: Wetlands with superior wetland function and/or integrity. Ohio Administrative Code (O.A.C.) Rule 3745-1-53(c) of the Ohio EPA.
(t) Wetland setback - The real property adjacent to a wetland located in the area defined by the criteria set forth in this regulation.
(Ord. 16-19. Passed 9-16-19.)