As used in this chapter, the following words and terms are defined as follows:
(a) APPROVING AUTHORITY: The official responsible for administering the applicable program(s).
(b) BEST MANAGEMENT PRACTICE (BMP): Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(c) BOG: A rare type of wetland containing acid tolerant mosses, plants insects and animals. Bogs filter and use acidic ground, surface and rain water and prevent flooding by absorption. This very sensitive habitat is of high importance to biodiversity and flood control.
(d) CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professional in Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control.
(e) CHANNEL: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(f) COMMUNITY: Throughout this regulation the Community shall mean the City of Streetsboro, State of Ohio, and its designated agents and representatives.
(g) CONCENTRATED STORM WATER RUNOFF: Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(h) CONSERVATION: The wise use and management of natural resources.
(i) 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; 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.
(j) DEFINED CHANNEL: A natural or man-made depression in the terrain which is maintained and altered by the water and sediment it carries.
(k) DESIGNATED WATERCOURSE: A watercourse that is contained within, flows through, or borders the Community and meets the criteria set forth in these regulations.
(l) DETERIORATED STRUCTURE: A structure which has sustained substantial damage from any origin whereby the cost of restoring the structure to its original/installed condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
(m) 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.
(n) DITCH: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(o) DUMPING: The grading, pushing, piling, throwing, unloading or placing of soil or other material.
(p) EARTH DISTURBING ACTIVITY: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(q) EROSION: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(r) EXISTING: In existence at the time of the passage of this ordinance and these regulations.
(s) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(t) FEN: A type of rare wetland in the form of a high quality spring flowing freely from the ground or rock formation including the surrounding wetland area it forms by its own drainage. Usually indicating nearby ground water movement, Fens are not acidic, reduce the risk of flooding, and provide valuable habitat for unique plant and animal communities.
(u) FLOODPLAIN: Land adjacent to a stream, river, wetland, channel, or lake that floods. Floodplains are very important for high water-volume storage, for aquifers or absorption areas, and make up part of the riparian zone.
(v) FINAL PLAT: A final tracing of all or a phase of a subdivision and its complete survey information.
(w) GRADING: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(x) IMPERVIOUS COVER: Any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
(y) INTERMITTENT STREAM: A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months.
(z) INVASIVE PLANTS: Introduced, exotic, hybrid or noxious species of plants taking over a region where they do not belong, altering nutrient cycling and water filtration among other things. Invasive plants require costly and continuous eradication, and devastation to biodiversity and natural cycles. Invasives often occur where established native plants and trees have been removed by human activity. See various websites for constantly updated lists of invasive species.
(aa) LARGER COMMON PLAN OF DEVELOPMENT OR SALE: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(bb) LANDSLIDE: The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(cc) LOCAL COUNTY SWCD: The local county Soil and Water Conservation District.
(dd) NATIONAL WETLANDS INVENTORY MAP: Wetland maps that were created by the Fish and Wildlife Service, United States Department of Interior.
(ee) NATIVE VEGETATION: Plants, trees, shrubs, etc. living and adapted to the particular environment, biological cycle, and part of the natural ecosystem before European settlement brought in foreign species.
(ff) NATURAL RESOURCES CONSERVATION SERVICE (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(gg) NATURAL NATIVE SUCCESSION: A gradual and continuous replacement of one kind of native plant and animal group by 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.
(hh) NPDES PERMIT: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(ii) 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 regulation, the most recent version of this list at the time of application of these regulations shall prevail.
(jj) OHIO EPA: The Ohio Environmental Protection Agency.
(kk) OHIO RAPID ASSESSMENT METHOD: A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.
(ll) OHIO WETLANDS INVENTORY MAP: Wetland maps that were created by the Natural Resources Conservation Service, USDA and the Ohio Department of Natural Resources.
(mm) 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.
(nn) 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.
(oo) PERSON: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(pp) PERENNIAL STREAM: A natural channel that contains water throughout the year, except possibly during periods of extreme drought.
(qq) 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.
(rr) PROFESSIONAL ENGINEER: A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
(ss) QUALIFIED FORESTER: Any forester employed by the Ohio Department of Natural Resources, Division of Forestry, or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.
(tt) QUALIFIED WETLAND PROFESSIONAL means an individual competent in the areas of botany, hydric soils, and wetland hydrology, and is acceptable to the Engineering Director and/or his or her designees.
(uu) REDEVELOPMENT: The demolition or removal of existing structures or land uses and construction of new ones.
(vv) RETENTION BASIN: A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(ww) 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.
(xx) 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 loss through erosion. Riparian Setbacks are those lands within the County of Portage that fall within the area defined by the criteria set forth in these regulations.
(yy) SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(zz) SEDIMENT CONTROL: The limiting of sediment being transported, by controlling erosion or detaining sediment-laden water, and allowing the sediment to settle out.
(aaa) SEDIMENT POLLUTION: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(bbb) SENSITIVE AREA: An area or water resource that requires special management because of its susceptibility to sediment pollution, or because of its importance to the wellbeing of the surrounding communities, region, or the state and includes, but is not limited to, the following:
(1) Ponds, wetlands or small lakes with less than five acres of surface area;
(2) Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
(3) Drainage areas of a locally designated or an Ohio designated Scenic River.
(4) Riparian and wetland areas.
(ccc) SHEET FLOW: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(ddd) SILVICULTURE: The theory and practice of controlling forest establishment, composition and growth.
(eee) SLIP: A landslide as defined under "Landslides."
(fff) SLOUGHING: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(ggg) SOIL: Unconsolidated erodible earth material consisting of minerals and/or organics.
(hhh) SOIL AND WATER CONSERVATION DISRTICT (SWCD): An entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the Portage SWCD.
(iii) SOIL CONSERVATION SERVICE, USDA: The federal agency now titled the "Natural Resources Conservation Service," which is an agency of the United States Department of Agriculture.
(jjj) 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, soil erosion and sediment pollution.
(kkk) SOIL EROSION AND SEDIMENT CONTROL PLAN: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
(lll) SOIL EROSION AND SEDIMENT CONTROL PRACTICES: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(mmm) SOIL SURVEY: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(nnn) STORM WATER CONVEYANCE SYSTEM: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
(ooo) 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.
(ppp) 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.
(qqq) STREAM: A surface watercourse with a well-defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water (ORC 6105.01) in such a way that terrestrial vegetation cannot establish roots within the channel.
(rrr) SUBSTANTIAL DAMAGE: 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 greater than 50% of the market value of the structure before the damage occurred.
(sss) UPLAND: Land at a higher elevation, in general, than the alluvial plain or stream terrace; land above the lowlands along streams.
(ttt) USEPA: The United States Environmental Protection Agency.
(uuu) 100-YEAR FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent (1%) or greater chance of being equaled or exceeded in any given year. For the purposes of this regulation, the 100-year floodplain shall be defined by FEMA or a site-specific Floodplain Delineation in conformance with standard engineering practices and approved by the Community.
(vvv) VARIANCE: A modification of the enforcement of the Riparian Setback Ordinance which will not be contrary to the public interest and where, due to conditions peculiar to this property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in undue hardship to the applicant.
(www) VERNAL POOLS: Small intermittent wetlands generally occurring in woods. Vernal pools collect snowmelt and rain water allowing for slow filtration and evaporation. Most pools dry completely before the next flooding event. Especially critical habitat for amphibians, rare plants and shrimp, regardless if in it's wet or periodic dry stage. Adjacent woodland is also biologically connected to the vernal pools.
(xxx) WATERCOURSE: Any natural, perennial, or intermittent channel, stream, river or brook.
(yyy) WATER RESOURCES: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
(zzz) 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.
(aaaa) WETLAND, OHIO EPA CATEGORY 2 WETLANDS: Those wetlands classified by the Ohio EPA as Category 2 wetlands under OAC 3745-1-54 (C) (2), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(bbbb) WETLAND, OHIO EPA CATEGORY 3 WETLANDS: Those wetlands classified by the Ohio EPA as Category 3 wetlands under OAC 3745-1-54(C)(3), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(cccc) WETLAND SETBACK: Those lands within the Community that fall within the area defined by the criteria set forth in these regulations.
(dddd) WINTER: October 1st to April 1st of each year.
(Ord. 2009-73. Passed 6-22-09.)