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The following definitions shall be applicable in the construction and application of this chapter.

A. "Creek" means a watercourse (1) that carries water from either a permanent or natural source, either intermittently or continuously, in a defined channel, continuous swale or depression, or in a culvert that was placed in the general historic location thereof; and (2) the water either merges with a larger watercourse or body of water, or is diverted into an engineered structure that does not follow the general historic course of a creek. A "creek" does not include any part of an engineered structure developed for collection of storm or flood waters (e.g. a storm drainpipe) that does not follow the general historic course of a creek.

1. A "permanent or natural source" includes a spring, artesian well, lake, estuary, or a rainfall drainage area that covers at least one-third acre (14,520 square feet).

2. The word "creek" is used synonymously with the phrase "natural watercourse" in this chapter.

3. The portion of a creek that is visible above the ground is referred to throughout this chapter as an "open creek."

4. The portion of a creek below ground and contained in an engineered structure or culvert is referred to throughout this chapter as a "culverted creek."

5. A "swale" is a shallow trough-like depression that carries waters mainly during rainfalls and snowmelts.

6. The City of Berkeley may maintain maps and other reliable records, reflecting such creeks for the guidance of the public.

B. "Culverting" means the placement or construction of a pipe or box shaped conduit in a creek bed allowing water to be conducted.

C. "Rehabilitation" means the improvement of a natural watercourse by the use of erosion control technology, revegetation, vegetation management and/or selective channel clearing with the objective to conserve and manage a natural waterway and riparian system.

D. "Daylighting" means the unearthing of a culverted creek or natural watercourse and the design of a new open channel to re-create the original stream channel and environment.

E. "Riprap" means cobbles, rock, concrete pieces or other non-vegetative debris used to protect streambanks against erosion. "Riprapping" means the placement of riprap on streambanks.

F. "Cribwalls" means a rectangular framework of logs which is filled with soil and/or rocks and planted with cuttings.

G. "Brush matting" means the use of dead or live cuttings from riparian vegetation stacked and secured against streambanks to check erosion and revegetate banks.

H. "Fascines" (sometimes called, "wattles") means bundles of cuttings from riparian plants used to revegetate banks.

I. "Plant cuttings" means sticks cut from riparian shrub and tree branches in their dormant state such as willows and alder, which are buried about halfway in the ground and take root.

J. "Brush layering" means the use of live branches or cuttings which are inserted into the streambanks perpendicular to the slope so that the rooting occurs back into the slope.

K. "Retention basins" means open spaces which hold overbank stream flows and can be used as parks and other open space uses in drier seasons.

L. "Gabions" means wire baskets filled with rocks and soil and planted with seeds, cuttings and rooted plants. They can be used to rebuild streambanks.

M. "Administrative Use Permit" means a permit issued in accordance with the procedures, including appeals, described in Chapter 23B.28 after making the findings required by this Chapter.

N. "Use Permit" means a permit issued in accordance with the procedures, including appeals, described in Chapter 23B.32 after making the findings required by this Chapter.

O. "Variance" means a permit issued in accordance with the procedures, including appeals, described in, and after making the findings required by, Chapter 23B.44.

P. "Creek Permit" means a permit issued by the City Engineer in accordance with the procedures described in this Chapter.

Q. "Culverted Creek Permit" means a permit issued by the City Engineer in accordance with the procedures described in this Chapter.

The City Manager may issue administrative guidelines and procedures to implement this chapter, which may further explain these definitions. (Ord. 6956-NS § 1 (part), 2006: Ord. 6716-NS § 1, 2002: Ord. 5961-NS § 2, 1989)