Only for the purposes of this Chapter, the following terms shall have the meaning herein indicated:
(a) “Areas Adjacent to Wetlands” means land next to the jurisdictional boundary of wetlands that, if appropriately sized, helps to protect the ability of wetlands to limit erosion, reduce flood size flows, and or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.
(b) "Cut" means a portion of land surface or areas from which the earth has been removed, or will be removed, by excavation; the depth below the original ground surface or excavating surface.
(c) “Develop” or “Development” means construction of a building or structure, subdivision of land, or the grading, excavating, removing or destroying of any natural vegetation, or removing any topsoil, unless otherwise excluded from the application of this Chapter by the provisions of Section 1167.04
(b).
(d) "Earth moving" means any excavating, cutting or filling, or any stockpiling of soils.
(e) "Erosion" means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.
(f) "Excavating" means removing of soil or other materials, by any means whatsoever, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
(g) "Fill" means depositing of soil, rock or other materials by other than natural means.
(h) "Finish grade" means the final grade or elevation of the ground surface after grading is completed.
(i) “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters, or;
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(j) "Grade" means the degree of rise or descent of a sloping surface.
(k) "Grading" means any excavating, cutting or filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.
(l) “Protected Areas” includes land in all zoning districts in the Municipality located in an area defined by the criteria set forth in Section 1167.03.
(m) “Hillside Areas” includes land in all zoning districts in the Municipality with slopes having a natural gradient within the limits set forth in Exhibit “A”, which is incorporated herein by reference.
(n) "Hillside control measures" means all of the planning work and control that is required and specified by this Chapter.
(o) "Impervious surface" means roads, buildings and structures, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.
(p) “Jurisdictional Boundary” means the outer extent of a wetland as determined by generally accepted wetland delineation methods accepted to the U.S Army Corps of Engineers at the time of application of this chapter.
(q) "Natural ground surface" means the ground surface in its original state before any grading, excavating or filling.
(r) "Natural vegetation" means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.
(s) “Ohio Environmental Protection Agency” is referred to in this chapter as “Ohio EPA.”
(t) “Ohio EPA Category 2 Wetlands” means those wetlands classified as Category 2 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods accepted to the U.S Army Corps of Engineers and Ohio EPA at the time of application of this chapter.
(u) “Ohio EPA Category 3 Wetlands” mean those wetlands classified as Category 3 wetlands under OAC 3745-1-54, in accordance with generally accepted wetland assessment methods accepted to the U.S Army Corps of Engineers and Ohio EPA at the time of application of this chapter.
(v) “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 zone 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 drainage channel limits of a watercourse.
(w) “Owner/developer/builder” means an individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
(x) “Riparian Area” means land adjacent to 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 regulation.
(y) "Run-off" means the part of precipitation that flows over land without filtering into the soil.
(z) “Silviculture” means art, science and practice of establishing, tending and reproducing forest stands of desired characteristics based on knowledge of species characteristics and environmental requirements. This definition is provided by the Ohio Department of Natural Resources – Division of Forestry that is accepted and utilized by the USDA – Nature Resources Conservation Service and the Ohio State University.
(aa) "Undisturbed" means that portion of the parcel to be developed that will not be re-graded, have any vegetation removed from or have any impervious surface construction or cover as specified in this Chapter.
(ab) “Watercourse” means any natural brook, channel, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.
(ac) “Wetland” means those lands 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. (40CFR 232, as amended).
(Ord. 2008-15. Passed 6-12-08.)