[Ord. No. 14-04-09 §1, 4-21-2014]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this Chapter its most reasonable application:
A property owner or agent of a property owner who has filed
an application for a permit.
An established river stage/elevation at a given location
along a river which is intended to represent the maximum safe water
level that will not overflow the river banks or cause any significant
damage within the river reach.
Activities, practices and procedures which control soil loss
and reduce or prevent water quality degradation caused by nutrients,
animal wastes, toxins, organics and sediment in the runoff. BMPs may
either be structural (grass swales, terraces, retention and detention
ponds, and others); or non-structural (disconnection of impervious
surfaces, directing downspouts onto grass surfaces, ordinances and
educational activities).
A vegetated area including trees, shrubs, managed lawn areas,
and herbaceous vegetation which exists or is established to protect
a stream system. Alteration of this natural area is strictly limited.
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 twenty (120) square feet of area.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity which removes the vegetative surface cover through
disturbance of the root zone.
The Excelsior Springs City Council.
The City of Excelsior Springs, Missouri.
The deliberate appropriation of property by its owner for
general public use.
The temporary storage of storm runoff in a stormwater BMP
with the goals of controlling peak discharge rates and providing gravity
settling of pollutants.
A person directing or participating in the direction of improvements
on and/or to land, including, but not limited to, the owner of the
land, a general contractor or a commercial agent engaged for such
activity.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Development must meet the applicability requirements in Section 407.020.
The Director of Excelsior Springs Public Works or his/her
designee.
A man-made structure or natural watercourse used for the
conveyance of stormwater runoff. Examples are channels, pipes, ditches,
swales, catch basins and street gutters.
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.
A plan designed to minimize the loss of soil at a site during
construction activities, by implementation of practices that will
prevent accelerated runoff.
Excavation or fill of material, including the resulting condition
thereof.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any species that was present in Missouri prior to European
Settlement or any plant identified as native or indigenous on lists
maintained by agencies such as the Missouri Department of Conservation
or United States Department of Agriculture.
Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted by this Chapter.
Either of the following: Any drain or conveyance, whether
on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system. These include but are not limited to
any conveyances that allow any non-stormwater discharge including
sewage, process wastewater, and wash water to enter the storm drain
system and any connections to the storm drain system from indoor drains
and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by an authorized enforcement
agency. Illicit connections also includes any drain or conveyance
connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Those streams, rivers and lakes that currently do not meet
their designated use classification and associated water quality standards
under the Clean Water Act.
Includes those surfaces that cannot effectively infiltrate
rainfall (e.g., building rooftops, pavement, sidewalks, driveways,
etc).
A National Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries that regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
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.
The process of percolating stormwater into the subsoil.
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above grade or below grade.
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.
The Kansas City Metro Chapter of the American Public Works
Association (APWA), Division 5100, Erosion and Sediment Control, as
amended from time to time by APWA and including all additions and
exceptions kept on file by the City. Any references to the standards
set forth in this division also includes the associated standard drawings
in KC-APWA Division 5300 in addition to any standard details kept
on file by the City. When the documents conflict, the City standard
details shall rule.
The Kansas City Metro Chapter of the American Public Works
Association (APWA), Division 5600, Erosion and Sediment Control, as
amended from time to time by APWA and including all additions and
exceptions kept on file by the City. Any references to the standards
set forth in this division also includes the associated standard drawings
in KC-APWA Division 5300 in addition to any standard details kept
on file by the City. When the documents conflict, the City standard
details shall rule.
A human-made change to, or construction on, the land surface
that changes its runoff characteristics.
Any activity that changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, cutting, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity that bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
An authorization for the permittee to develop land and conduct
activities in accordance with City ordinances and erosion and sediment
control practices outlined in an approved Stormwater Pollution Prevention
Plan.
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 to the land.
A legally recorded document that acts as a property deed
restriction, and that provides for long-term maintenance of stormwater
BMPs.
The Mid-America Regional Council and Kansas City Metro Chapter
of the APWA Manual of Best Management Practices for Water Quality
as amended from time to time and including any additions and exceptions
kept on file by the City.
A publicly-owned facility 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.
A permit issued by the State under authority delegated pursuant
to 33 USC §1342(b), that authorizes the discharge of pollutants
to waters of the State, whether the permit is applicable on an individual,
group, or general area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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; creation,
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 rainfall and surficial
runoff.
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.
That line on the shore established by the fluctuations of
water and indicated by physical characteristics such as clear natural
line impressed on the bank, shelving, changes in the character of
soil, destruction of terrestrial vegetation, the presence of litter
or debris, or other appropriate means that consider the characteristics
of the surrounding area.
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: (i) any other person authorized to act
as the agent for the owner; (ii) 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 (iii) any person responsible for complying with an approved stormwater
management design plan.
A barrier that prevents sediment from leaving a site either
by filtering sediment-laden runoff, or diverting it to a sediment
trap or basin.
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.
A natural person, corporation, partnership or other entity.
The clearing a parcel of land in distinct phases, with the
stabilization of each phase before the clearing of the next.
Any discernible, confined and discrete conveyance including,
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, separate storm sewer or vessel or other floating craft
from which pollutants are, or may be, discharged. (Code of State Regulations
— 10 CSR 20-2)
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
A licensed engineer who is registered with and authorized
to practice engineering in the State of Missouri.
The body of water or conveyance into which stormwater runoff
is discharged.
The replenishment of underground water reserves.
A change to previously existing, improved property. This
includes but is not limited to the demolition or building of structures,
filling, grading, paving, or excavating. Redevelopment excludes ordinary
maintenance activities such as remodeling of buildings on the existing
footprint, resurfacing and/or repaving of existing paved areas, and
exterior changes or improvements that do not materially increase or
concentrate stormwater runoff or cause additional nonpoint source
pollution.
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 or more
stormwater BMPs.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary sewer main, or for other similar uses.
The usage of the term "right-of-way" for land platting purposes shall
mean that right-of-way hereafter established and shown on a final
plat to be separate and distinct from lots or parcels adjoining such
right-of-way, and not included within the dimensions or areas of such
lots or parcels.
Measures that prevent eroded sediment from leaving the site.
The use of practices that prevent exposed soil from eroding.
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading and filling;
installation of streets and walkways; excavation for basements, footings,
piers or foundations; erection of temporary forms; and installation
of accessory buildings such as garages.
An order issued that requires that all construction activity
on a site be stopped except as necessary to remedy the issue(s) for
which the order was issued.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation (such as rain or snow),
and resulting from such precipitation.
All drainage facilities used for collecting and conducting
stormwater to, through and from drainage areas to the points of final
outlets including, but not limited to, any and all of the following:
Conduits and appurtenant features, canals, ditches, streams, gullies,
flumes, culverts, streets, gutters and pump stations.
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.
A narrative plan, usually required by a permit, to manage
stormwater associated with industrial, commercial, institutional,
or other land use activities, including construction. The SWPPP commonly
describes and ensures the implementation of practices that are to
be used to reduce pollutants in stormwater and non-stormwater discharges.
A stormwater BMP designed for an existing development site
that previously had either no stormwater BMP in place or a practice
inadequate to meet the stormwater management requirements of the site.
Flow on the surface of the ground, resulting from precipitation.
An area of land at or near a streambank, wetland, or waterbody
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.
Perennial and intermittent watercourses identified through
site inspection and United States Geological Survey (USGS) maps and
further defined and categorized by contributing drainage area per
KC-APWA Section 5600.
The storage needed to capture and treat 90% of the average
annual stormwater runoff volume.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
The entire geographical area drained by a river and its tributaries;
an area characterized by the conveyance of all runoff to the same
outlet.
