§ 504. Definitions.  


Latest version.
  • The following definitions are provided for clarification of terms used in Article V.

    Application: A form provided by and submitted to the Department of Planning & Zoning by a developer desiring a landscape plan to engage in development as herein defined.

    Applicant: A developer as herein defined, including applicant or developer's representative, who is applying for approval of a landscape plan.

    Bioswale: Vegetated surfaces that are designed to treat sheet flow from adjacent surfaces. Bioswales function by slowing runoff velocities and filtering out sediment and other pollutants, and by providing some infiltration into underlying soils.

    Buffer: An area of land, including landscaping, berms, walls, fences and building setbacks, or any combination thereof, that is located between land uses and is intended to mitigate negative impacts between uses.

    Caliper: The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size, and as measured at 12 inches above the ground for larger sizes.

    Canopy Trees: See Tree

    City: The City of Arab, Alabama, whose address is 740 North Main Street, Arab, Alabama 35016.

    Critical Root Zone: An area on the ground around a tree that is within the drip line of a tree.

    DBH (diameter at breast height): refers to the diameter of a tree four and one-half feet above ground level.

       Developer. Any person, firm, partnership, corporation or other legal entity engaged in or seeking to engage in development activity as herein defined.

    Development: For the purposes of this article only, any manmade or earth change to property including, but not limited to, preparation of land for the construction of buildings or other structures, mining, dredging, filling, grading, regrading, paving, clearing, excavating, or drilling operations. This definition also includes changes or improvements to any property subject to these regulations such as curb and gutter, storm drainage structures, streets, drainage facilities, sidewalks, and related public or private roads and the installation of utilities.

    Drip Line: A vertical line extending downward from the outermost tips of the tree branches to the ground.

    Erosion: The wearing away of land by the action of wind, water, gravity or a combination thereof.

    Evapotranspiration: loss of water from the soil both by evaporation and by transpiration from the plants growing thereon.

    Grading: Altering the shape of the ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling & shaping or any combination thereof and shall include the land in its cut or filled condition.

    Hedge: A row of closely planted shrubs, bushes or any kind of plant forming a boundary or fence.

    Land Development Permit or Permit (LDP): A written document which authorizes development in accordance with the provisions in this article and subject to any additional or specific requirements that may be stated therein.

    Site Plan or Plan: A properly documented written plan, prepared, signed and stamped by a registered professional engineer, licensed in the state, consisting of a completed application with supporting documents demonstrating that development as herein defined will occur upon an identified parcel of land within the area in compliance with all provisions of the City.

    Landscape Administrator: The staff member designated by the Planning Commission or their designee to administer this article.

    Landscaping: Refers to the treatment of grade, groundcover, vegetation and ornamentation for a given area; including, but not limited to, plant materials such as trees, shrubs, groundcovers, perennials and annuals; and any other materials such as rocks, water, walls and fences; and any other feature affecting layout and use of the site.

    Lot—Parcel—Property: Refers to a single undivided portion of land that is either legally recorded in the office of the Marshall County Probate Judge, or is being proposed in good faith by well-prepared plan drawings for the purpose of being legally recorded. It is the responsibility of the property owner (or his/her agent) to insure that the property is legally recorded with the office of the Marshall County Probate Judge.

    Low Impact Development (LID): comprises a set of approaches and practices that are designed to reduce runoff of water and pollutants from the site at which they are generated by means of infiltration, evapotranspiration, and reuse of rainwater. LID techniques manage water and water pollutants at the source and thereby prevent or reduce the impact of development on rivers, streams, lakes, coastal waters, and ground water.

    Parking Lot or Garage: An open area or a structure used exclusively for the temporary off-street storage of motor vehicles. Such area or structure may be an independent business or may be used in conjunction with any other business or commercial use. A fee may be charged.

    Parking space: a delineated area reserved for the parking of a single vehicle.

    Perimeter Planting Strip: Land area located within the boundary of a lot and required to be set aside and used for landscaping upon which only limited encroachments are authorized.

    Property Line: A line dividing one lot from another or from a street or any public or private space.

    Rain Garden: Vegetated surfaces that are designed to treat sheet flow from adjacent surfaces. Filter strips function by slowing runoff velocities and filtering out sediment and other pollutants, and by providing some infiltration into underlying soils.

    Redevelopment: The demolition and/or rebuilding or expansion of a site's physical development.

    Right-of-way: A general term denoting public ownership or interest in land, usually in a strip which has been acquired for or devoted to the use of a street or alley.

    Runoff: The water from rain or melted snow that flows over the ground.

    Shrub: A low growing usually multi-stemmed, woody plant.

    Stormwater: The flow of water resulting from precipitation and occurring immediately following rainfall or a snowmelt.

    Street Trees: Any existing tree or any tree to be planted on the street right-of-way.

    Tree: A usually tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, defined as:

    Canopy (Large Maturing) — Single trunk whose height is greater than 35 feet at maturity, or

    Understory (Small Maturing) — Single trunk or multi-stem whose height is less than 35 feet at maturity.

    Tree, Understory: See Tree

    Utility Easement: A non-possessory interest given to or acquired by a utility, governmental agency, or private agency for the use of real property in the possession of another for a stated purpose such as locating utilities, including all types of pipelines, television cable, telephone and electric cables. Also includes corridors on public rights-of-way occupied by overhead utility lines.

    Vegetated: Any ground surface covered with plant life.

    Woodland: An area of natural vegetation or planted material, at least 50 feet in depth, covering one (1) acre or more and consisting substantially of canopy trees.