[Ord. No. 3025, 8-7-2018]
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:
APPLICANTA property owner or agent of a property owner who has filed an application for a permit.
BANKFULLAn 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.
BEST MANAGEMENT PRACTICE (BMP)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).
BUFFERA 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.
BUILDINGAny 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.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARINGAny activity which removes the vegetative surface cover through disturbance of the root zone.
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DETENTIONThe temporary storage of storm runoff in a stormwater BMP with the goals of controlling peak discharge rates. Extended detention allows for storage and providing gravity settling of pollutants.
DEVELOPERA person directing or participating in the direction of improvements on or to land, including, but not limited to, the owner of the land, a general contractor or a commercial agent engaged for such activity.
DEVELOPMENTAny 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
400.030.
The Code Enforcement Officer or designee.
DRAINAGE FACILITYA manmade structure or natural watercourse used for the conveyance of stormwater runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
EASEMENTA 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 AND SEDIMENT CONTROL PLANA plan designed to minimize the loss of soil at a site during construction activities, by implementation of practices that will prevent accelerated runoff.
GRADINGExcavation or fill of material, including the resulting condition thereof.
HAZARDOUS MATERIALSAny 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.
ILLEGAL DISCHARGEAny direct or indirect non-stormwater discharge to the storm drain system, except as exempted by this Chapter.
ILLICIT CONNECTIONSAny 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 the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. The term "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.
IMPAIRED WATERSThose streams, rivers and lakes that currently do not meet their designated use classification and associated water quality standards under the Clean Water Act.
IMPERVIOUS COVERIncludes those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDIGENOUS VEGETATIONAny species that was present in the state prior to European settlement or any plant identified as native or indigenous on lists maintained by agencies such as the state department of conservation or United States Department of Agriculture.
INDUSTRIAL STORMWATER PERMITA 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.
INFILL DEVELOPMENTLand development that occurs within designated areas based on local land use, watershed, or utility plans where the surrounding area is generally developed, and where the site or area is vacant.
INFILTRATIONThe process of percolating stormwater into the subsoil.
INFILTRATION FACILITYAny structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
JURISDICTIONAL WETLANDThose areas that are inundated or saturated by surface water or groundwater 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.
LAND DISTURBANCE PERMITAn 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.
LAND DISTURBING ACTIVITYAny 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 manmade watercourse.
LANDOWNERThe 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.
MAINTENANCE AGREEMENTA legally recorded document that acts as a property deed restriction and that provides for long-term maintenance of stormwater BMPs.
MANAGED LAWN AREASAny area greater than one thousand (1,000) square feet where the vegetative ground cover is maintained at a uniform height of less than five (5) inches.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)A publicly owned facility by which stormwater is collected 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.
NON-POINT SOURCE POLLUTIONPollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources.
NON-STRUCTURAL MEASUREA stormwater control and treatment technique that uses natural processes, restoration or enhancement of natural systems, or design approaches to control runoff 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 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.
OFF-SITE FACILITYA stormwater BMP located outside the subject property boundary described in the permit application for land development activity.
ON-SITE FACILITYA stormwater BMP located within the subject property boundary described in the permit application for land development activity.
OWNERThe owner 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, the term "owner" also refers to, in the appropriate context:
1. Any other person authorized to act as the agent for the owner;
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
Any person responsible for complying with an approved stormwater management design plan.
PERIMETER CONTROLA barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMANENT STORMWATER BMPA 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.
PHASINGClearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
POINT SOURCEAny 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, or vessel or other floating craft, from which pollutants are or may be discharged. Point source does not include agricultural stormwater discharges and return flows from irrigated agriculture.
POLLUTANTAnything 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.
PROFESSIONAL ENGINEERA licensed engineer who is registered with and authorized to practice engineering in the state.
RECHARGEThe replenishment of underground water reserves.
REDEVELOPMENTA site that has previously been built on with structures and/or impervious areas, and additional improvements are proposed, or demolition of the existing improvements and new improvements are proposed.
RESPONSIBLE PARTYAny 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 are named on a stormwater maintenance agreement as responsible for long-term operation and maintenance of one (1) or more stormwater BMPs.
RIPARIAN ZONE/RIPARIAN BUFFERThe land adjacent to streams, rivers, and lakes that actively interfaces with the water body through physical and chemical processes. Riparian zones filter nutrients and sediments, increase stream bank stability, and provide shade that reduces stream temperatures.
RUNOFF REDUCTIONThe total annual runoff volume reduced through canopy interception, soil infiltration, evaporation, transpiration, rainfall harvesting engineered infiltration or extended filtration.
SENSITIVE AREAAreas containing features that are of critical importance to the protection of ecological or environmental resources and include bluffs, springs, and wetlands.
STABILIZATIONThe use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTIONThe 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.
STOP-WORK ORDERAn order issued that requires that all construction activity on a site be stopped except as necessary to remedy the issues for which the order was issued.
STORMWATERAny 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.
STORMWATER DRAINAGE SYSTEMAll 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, flumes, culverts, streets, gutters and pump stations.
STORMWATER MANAGEMENTThe 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 narrative plan, usually required by a permit, to manage stormwater associated with industrial, commercial, institutional, or other land use activities, including construction. The term "SWPPP" commonly describes and ensures the implementation of practices that are to be used to reduce pollutants in stormwater and non-stormwater discharges.
STORMWATER RETROFITA 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.
STREAMSPerennial and intermittent watercourses identified through site inspection and United States Geological Survey (USGS) maps and further defined as follows: solid blue lines on the United States Geological Survey seven and one-half (7 1/2) minutes series topographical map and have a drainage area of greater than fifty (50) acres, dashed blue lines on the United States Geological Survey seven and one-half (7 1/2) minutes series topographical map and have a drainage area of greater than fifty (50) acres, and natural channels which are not shown on the United States Geological Survey seven and one-half (7 1/2) minutes series topographical map as either blue or dashed blue lines but which have drainage areas of greater than fifty (50) acres.
WATER QUALITY VOLUME (WQV)The storage needed to capture and treat ninety percent (90%) of the runoff from a storm that produces the average annual stormwater runoff volume.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.
WATERSHED MANAGEMENT PLANA document, usually developed cooperatively by government agencies and other stakeholders, to protect, restore, or otherwise manage the water resources within a particular watershed or sub-watershed. The plan commonly identifies threats, sources of impairment, institutional issues, and technical and programmatic solutions or projects to protect or restore water resources.
WATERSHED or CATCHMENTThe entire geographical area drained by a river and its tributaries; an area characterized by the conveyance of all runoff to the same outlet.