[Ord. No. 2010-1621 §1, 4-20-2010]
For the purpose of this Chapter, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
Where terms are not defined by this Section, such terms shall have
ordinarily accepted meanings such as the context implies.
APPLICANT
A property owner or agent of a property owner who has filed
an application for a stormwater management permit.
BEST MANAGEMENT PRACTICES OR BMP
Practices, procedures or a schedule of activities to reduce
the amount of sediment and other pollutants in stormwater discharges
associated with construction and land disturbance activities.
BUFFER
With respect to a stream, a natural or enhanced vegetated
area as established by the stream buffer requirements, lying adjacent
to the stream.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than one hundred (100) square feet of area.
BUILDING COMMISSIONER
The Building Commissioner/Zoning Administrator for the City
of Frontenac or his/her duly designated representative.
CHANNEL
A natural or artificial watercourse with defined bed and
banks that conducts continuously or periodically flowing water.
CITY
The City of Frontenac.
CLEARING
Any activity that removes the vegetative surface cover.
COUNTY
St. Louis County, Missouri.
DEBRIS OR SEDIMENT BASIN
A pit, barrier or dam built across a waterway and used to
retain rock, sand, gravel, silt or other materials carried by water
runoff.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DETENTION
The temporary storage of storm runoff in a stormwater BMP
with the goals of controlling peak discharge rates and providing gravity
settling of pollutants.
DIVERSION
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
DRAINAGE WAY
Any channel that conveys surface runoff through a site.
EASEMENT
A legal right granted by a landowner to a grantee allowing
the use of private land for conveyance or treatment of stormwater
runoff and access to stormwater practices.
EROSION
The wearing away of land surface through the action of wind
or water.
EROSION CONTROL
Any Best Management Practices (BMP) that prevents or minimizes
erosion.
ESCROW
An account under the control of the City that may involve
a third (3rd) party as the escrow holder.
EXCAVATION OR CUT
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances.
EXISTING GRADE
The vertical location of the existing ground surface prior
to excavation or filling.
FEMA
Federal Emergency Management Agency.
FILL OR FILLING
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
FINISHED GRADE
The final grade or elevation of the ground surface conforming
to the proposed design which shall not create a public nuisance by
water discharge.
FLOOD PLAIN
Any land area susceptible to flooding, which would have at
least a one percent (1%) probability of flooding occurrence in any
calendar year based on the basin being fully developed as shown on
the current land use plan, i.e., the regulatory flood. This pertains
to the 100-year flood plain only.
GRADING
Reshaping the ground surface through excavation and/or fill
of material.
GROUND WATER MANAGEMENT AREA
A geographically defined area that may be particularly sensitive
in terms of ground water quantity and/or quality by nature of the
use or movement of ground water, or the relationship between ground
water and surface water, and where special management measures are
deemed necessary to protect ground water and surface water resources.
IMPAIRED WATERS
Those streams, rivers and lakes that currently do not meet
their designated use classification and associated water quality standards
under the Clean Water Act.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INFILL DEVELOPMENT
Land development that occurs within designated areas based
on local land use, watershed, and/or utility plans where the surrounding
area is generally developed, and where the site or area is either
vacant or has previously been used for another purpose.
INFILTRATION
The process of percolating stormwater into the subsoil, otherwise
known as the bed or stratum of earth or earthy material immediately
under the surface soil.
LAND DISTURBANCE
Any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging,
grading, excavating, transporting and filling of land, that do not
involve construction, paving or any other installation of impervious
cover.
LAND DISTURBANCE, MAJOR
Any land disturbance activity involving one (1) acre or more
of land, or a site involving less than one (1) acre that is part of
a proposed development that will ultimately disturb one (1) acre or
more.
LAND DISTURBANCE PERMIT
A permit issued by the authority having jurisdiction authorizing
a land disturbance activity at a specific site subject to conditions
stated in the permit. A permit may be for either major or ordinary
land disturbance activities.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and that provides for long-term maintenance of stormwater
BMPs.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, catch basins, inlets,
piped storm drains, pumping facilities, retention and detention basins,
natural and human-made or altered drainage ditches/channels, reservoirs,
and other drainage structures.
NATURAL WATERCOURSE
A channel formed in the existing surface topography prior
to changes made by unnatural conditions.
NON-POINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
NON-STRUCTURAL MEASURE
A stormwater control and treatment technique that uses natural
processes, restoration or enhancement of natural systems, or design
approaches to control runoff and/or reduce pollutant levels. Such
measures are used in lieu of or to supplement structural practices
on a land development site. Non-structural measures include, but are
not limited to: minimization and/or disconnection of impervious surfaces;
development design that reduces the rate and volume of runoff; restoration
or enhancement of natural areas such as riparian areas, wetlands,
and forests; and on-lot practices such as rain barrels, cisterns,
and vegetated areas that intercept roof and driveway runoff.
OPEN CHANNEL
A constructed ditch or channel designed for water flow.
OWNER
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a piece of land. As used herein, owner also refers to,
in the appropriate context:
1.
Any other person authorized to act as the agent for the owner;
2.
Any person who submits a stormwater management concept or design
plan for approval or requests issuance of a permit, when required,
authorizing land development to commence; and
3.
Any person responsible for complying with an approved stormwater
management design plan.
PARCEL
Any plot, lot or acreage shown as a unit on the latest County
tax assessment records.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PERMANENT STORMWATER BMP
A stormwater best management practice (BMP) that will be
operational after the construction phase of a project and that is
designed to become a permanent part of the site for the purposes of
managing stormwater runoff.
PERMIT
The permit issued by the Building Division required for undertaking
any land disturbance activity.
PERSON
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, City, County or other
political subdivision of the State, any interstate body or any other
legal entity.
PHASING
Clearing a parcel of land in distinct stages, with the stabilization
of each phase substantially completed before the clearing of the next.
PUBLIC WORKS DIRECTOR
The Public Works Director of the City of Frontenac or his/her
designated representative.
QUALIFIED PROFESSIONAL
A Missouri licensed professional engineer or other person
or firm knowledgeable in the principles and practices of erosion and
sediment control, including the Best Management Practices described
in this Code.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
A change to previously existing, improved property, including,
but not limited to, the demolition or building of structures, filling,
grading, paving, or excavating, but excluding ordinary maintenance
activities, remodeling of buildings on the existing footprint, resurfacing
of paved areas, and exterior changes or improvements that do not materially
increase or concentrate stormwater runoff or cause additional non-point
source pollution.
RESPONSIBLE PARTY
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, or assigns that is named on a stormwater maintenance agreement
as responsible for long-term operation and maintenance of one (1)
or more stormwater BMPs.
RIPARIAN
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
SEDIMENT
Solid material moved by erosion and deposited away from its
point of origin.
SEDIMENT CONTROL
Any Best Management Practices (BMP) that prevents eroded
sediment from leaving a site.
SETBACK
With respect to a stream, the area established by Article
III of this Chapter extending beyond any buffer applicable to the stream.
SHALL
The word "shall" is mandatory.
SILT TRAPS AND FILTERS
Staked bales or silt fencing systems that function as a filter
and a velocity check to trap fine-grained sediment while allowing
satisfactory passage of stormwater runoff.
SITE
A lot or parcel of land.
SITE DEVELOPMENT
Altering terrain, vegetation and/or demolishing or constructing
improvements.
STABILIZATION
The use of Best Management Practices (BMP) that prevent exposed
soil from eroding from a land disturbance site.
STOP WORK ORDER
An order issued that requires that all construction activity
on a site be stopped.
STORMWATER AUTHORITY
The department or agency, and its authorized agents, which
is responsible for coordinating the review, approval, and permit process
as defined by this Chapter.
STORMWATER BEST MANAGEMENT PRACTICE (BMP)
A measure, either structural or non-structural, that is determined
to be the most effective, practical means of preventing or reducing
point source or non-point source pollution inputs to stormwater runoff
and water bodies.
STORMWATER DESIGN MANUAL
An engineering and/or project review document maintained
by the City containing technical standards and specifications, policies,
procedures, and other materials deemed appropriate by the City to
assist with compliance with the provisions of this Chapter.
STORMWATER HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
STORMWATER MANAGEMENT
The use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
peak flow discharge rates and detrimental changes in stream temperature
that affect water quality and habitat.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A management plan, the purpose of which is to ensure the
design, implementation, management and maintenance of Best Management
Practices (BMP) in order to reduce the amount of sediment and other
pollutants in stormwater discharges associated with land disturbance
activities, comply with the standards of the City and ensure compliance
with the terms and conditions of the applicable State permits, including
adherence to the land disturbance program contained in Missouri MS4
NPDES permits.
STREAM
Any stream, beginning at:
1.
All natural watercourses depicted by a solid or dashed blue
line on the most current United States Geological Survey (U.S.G.S.)
7.5 Minute Series (Topographic) Maps for Missouri; or
2.
A point in the stream channel with a drainage area of twenty-five
(25) acres or more.
STREAM BANK
The top of the sloping land that contains the stream channel
and the normal flows of the stream. Where no established top-of-bank
can be determined, the stream bank will be the "ordinary high water
mark" as defined by the Corps of Engineers in Title 33 of the Code
of Federal Regulation, Part 3283.3.
STREAM BUFFER
An area of land at or near a stream bank, wetland, or water
body that has intrinsic water quality value due to the ecological
and biological processes it performs or is otherwise sensitive to
changes which may result in significant degradation to water quality.
STREAM CHANNEL
The portion of the watercourse that contains the base flow
of the stream.
WATER QUALITY VOLUME (WQV)
The storage needed to capture and treat stormwater runoff
volume from the one (1) year rainfall event. Numerically (WQv) will vary as a function of long-term rainfall statistical
data, but is currently equal to a two and one-half (2.5) inch rainfall
in twenty-four (24) hours.
WATERCOURSE
A natural or artificial channel or body of water, including,
but not limited to, lakes, ponds, rivers, streams, ditches and other
open conveyances that carry surface runoff water either continuously
or intermittently.