(a) For the purpose of these regulations, the following terms shall have the meaning herein indicated:
(1) Best Management Practices (BMPs) means conservation practices or protection measures which reduce the impacts from a particular land use. Best Management Practices for construction are outlined in "Rainwater and Land Development, Ohio's Standard for Stormwater Management, Land Development, and Urban Stream Protection" prepared by the :Ohio Department of Natural Resources.
(2) 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 or 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.
(3) Federal Emergency Management Agency (FEMA) means the agency with overall responsibility for administering the National Flood Insurance Program.
(4) Impervious Cover means any surface that cannot effectively absorb or infiltrate water. Impervious surfaces may include roads, streets, parking lots, rooftops, sidewalks and other areas not covered by vegetation.
(5) Natural Succession means 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.
(6) 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 these regulations, the most recent version of this list at the time of application of these regulations shall prevail.
(7) Ordinary High Water Mark means 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 of a watercourse.
(8) Perennial Stream means a natural watercourse that contains water throughout the year except possibly during periods of extreme drought.
(9) Pollution means 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.
A. "Point Source" pollution is traceable to a discrete point or pipe.
B. "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 ground water seepage rather than direct.
(10) Practical Difficulties means in determining whether a property owner has encountered "practical difficulties" in meeting the requirements set forth in this Chapter, the following factors are to be considered and weighed:
A. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance or modification;
B. Whether the variance or modification is substantial;
C. Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer substantial detriment as a result of the variance or modification;
D. Whether the variance or modification would adversely affect the delivery of governmental services;
E. Whether the property owner purchased the property with knowledge of the restrictions contained in this Chapter;
F. Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and,
G. Whether the spirit and intent behind this Chapter's requirement would be observed and substantial justice done by granting a variance or modification.
(11) Riparian Area means naturally vegetated land adjacent to watercourses that, if appropriately sized, stabilizes stream banks, limits erosion, reduces flood size flows and/or filters and settles out runoff pollutants, or performs other functions consistent with the purposes of these regulations.
(12) Riparian Setback means those lands within the Village that fall within the area defined by the criteria set forth in these regulations. The setback shall be the perpendicular (shortest) distance between any point along the ordinary high water mark and the setback line.
(13) Riparian Setback Map means a current edition of a map, developed using the Summit County Geographic Information System and other information, identifying watercourses and their riparian setbacks within the Village of Richfield. Riparian Setbacks shall be determined using the Riparian Setback Map. Riparian Areas and watercourses shall not be limited to those shown on the Riparian Setback Map.
(14) Soil Disturbing Activity means the 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.
(15) Stormwater Quality Treatment means the removal of pollutants from urban runoff and improvement of water quality accomplished largely by deposition and utilizing the benefits of natural processes and Best Management Practices.
(16) Watercourse means any natural, perennial or intermittent stream, river or brook, or one that has been altered by unnatural processes, with a defined bed and bank that is contained, within, flows through or borders the Village.
(17) Watershed means an area of land that drains into a particular watercourse, usually divided by topography.
(Ord. 25-2011. Passed 9-20-11.)