As used in this chapter, unless from the context a different meaning
is intended, or the Code directs that a different definition is to
be applied to a provision, the following terms or phrases shall have
the meanings set forth in this chapter:
APPLICANT
Any person who makes application for an approved plan and
a permit as required by this chapter.
APPROVED PLAN
A set of representational drawings or other documents that
have been approved by the City as complying with the provisions of
this chapter, submitted by an applicant (either as an independent
submittal or a part of another development application(s) required
by the City Code as a prerequisite to obtaining a building or land
disturbance permit, and that contain the information and specifications
required by the City to minimize stormwater runoff.
AS-BUILT PLAN
A record drawing or plan prepared and certified by a licensed
professional engineer or land surveyor that represents the actual
dimensions, contours, elevations, etc., of a completed structure,
facility, or constructed feature.
BEST MANAGEMENT PRACTICE (BMP)
The stormwater management practice used to prevent or control
the discharge of pollutants, including sediment, and minimize runoff,
both directly and indirectly, to stormwater, receiving waters, or
Stormwater Drainage Systems, waters of the U.S. or water bodies found
in the City of Mission Woods. BMPs may include structural or nonstructural
solutions, a schedule of activities, prohibition of practices, maintenance
procedures, or other management practices and programs. Except where
in conflict with federal, state, or local law, "BMP" shall refer to
the document propounded by the Mid-America Regional Council and Kansas
City Metropolitan Chapter of the American Public Works Association
known as the "Manual of Best Management Practices for Stormwater Quality."
CHANNEL
A natural or artificial watercourse, with a definite bed
and banks, that conducts continuously or periodically flowing water.
CONSTRUCTION
Construction, clearing, grading, or excavations that result
in soil disturbance. Construction includes structure demolition. It
does not include routine maintenance to maintain original line and
grade, hydraulic capacity, or original purpose of a facility, emergency
construction activities required to immediately protect public health
and safety, interior remodeling with no outside exposure of construction
material or construction waste to the City's Stormwater Drainage
System or other public waters, mechanical permit work, or sign permit
work.
CONSTRUCTION SITE OPERATOR
For the purpose of the land disturbance permit and in the
context of stormwater associated with construction activity, any person
associated with a construction project that meets either of the following
two criteria:
(1)
The person has operational control over construction plans and
specifications, including the ability to make modifications to those
plans and specifications; or
(2)
The person has day-to-day operational control of those activities
at a project which is necessary to ensure compliance with an SWPPP
or erosion and sediment control plan for the site or other permit
conditions (e.g., the person is authorized to direct workers at a
site to carry out activities required by the SWPPP or comply with
other permit conditions).
DETENTION
The temporary storage of stormwater runoff in a stormwater
management practice with the goals of controlling peak discharge rates
and/or providing gravity settling of pollutants.
DETENTION BASIN
Any man-made area or structure that serves as detention storage,
including: dry bottom basin; any detention basin or facility designed
to permit no permanent impoundment of water; and wet bottom basin,
any detention basin or facility designed to permit permanent impoundment
of water in addition to detention storage; also called a "retention
basin."
DETENTION FACILITY
A detention basin or alternative structure designed for the
purpose of detention storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
DETENTION STORAGE
The temporary detaining or storage of stormwater under predetermined
or controlled conditions in or on dry bottom basins, wet bottom basins,
roofs of buildings or structures also used for other purposes, paved
or surfaced areas also used for other purposes, and underground structures
or pipes where the surface is used for other purposes.
DEVELOPED PROPERTY
That which has been altered from its natural state by the
addition of any improvements, such as a building, structure, impervious
surface, change of grade, or landscaping; property other than undisturbed
property.
DEVELOPER
Any person proposing to or engaged in development or construction.
DEVELOPMENT
Any activity, change in land use, or improvement on any parcel
of land, including any subdivision that alters the surface of the
land, that increases the imperviousness of or creates additional impervious
surfaces, including, but not limited to, pavement, buildings, structures,
and recreational playing fields. The term does not include:
(1)
Construction of any buildings, structures, and/or appurtenant
service roads, drives, and walks on a site having previously provided
stormwater control as part of a larger development;
(2)
Improvements on any site having a gross land area less than
one acre in size, regardless of land use;
(3)
Remodeling, repair, replacement, and improvements to any structure
or facility and appurtenances that do not cause an increased area
of impervious surfaces on the site in excess of 10% of that previously
existing;
(4)
Construction of any one new single-family or duplex dwelling
unit, irrespective of the site area on which the same may be situated;
DIRECTOR
The Director of the City's Public Works Department or
the Director's designee.
DISCHARGE
The rate of outflow of water from a drainage area or a component
of a Stormwater Drainage System.
DRAINAGE AREA
The geographical area contributing stormwater runoff to a
point under consideration; i.e., a watershed, tributary area, or cachment
area.
EASEMENT
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater management purposes.
EROSION
The process by which the ground surface is worn away by the
action of the wind, water, ice, gravity, or artificial means, and/or
land disturbance activities.
EROSION AND SEDIMENT CONTROL PLAN
A plan for the control of soil erosion and sediment resulting
from a land disturbance activity, in compliance with the Mission Woods
Design Standards.
FLOODPLAIN
The floodway and floodway fringe as identified by the Federal
Flood Insurance Program of FEMA, or such other designation of the
floodplain as is subsequently adopted by the City, and representing
the regulated 100-year water surface and corresponding elevations.
HARMFUL
That amount of chlorine which can be detected, or of any
pollutant that would cause harm to any plant or animal life at any
point in the storm drainage system, municipal separate storm sewer
system or water body.
HOTSPOT
An area where land use or activities generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically
found in stormwater.
IMPERVIOUS AREA
The total number of square feet of hard surface area on a
given property that either prevents or retards the entry of water
into the soil matrix or causes water to run off the surface in greater
quantities or at an increased rate of flow than it would enter under
conditions similar to those on undeveloped land. "Impervious area"
includes, but is not limited to, roofs, roof extensions, driveways,
pavement and athletic courts.
INFILTRATION
The process of percolating stormwater into the subsoil.
INFILTRATION FACILITY
Any structure or device designed to infiltrate retained water
to the subsurface. These facilities may be above or below grade.
LAND DISTURBANCE
Any activity that changes the physical conditions of land
form, vegetation and hydrology, creates bare soil, or otherwise may
cause erosion or sedimentation. Such activities include, but are not
limited to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials.
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 on the land.
LANDSCAPE ARCHITECT
An individual who is duly licensed by the Kansas State Board
of Technical Professions, pursuant to K.S.A. 74-7001 et seq., to practice
landscape architecture.
LICENSED LAND SURVEYOR
An individual who is duly licensed by the Kansas State Board
of Technical Professions, pursuant to K.S.A. 74-7001 et seq., to practice
surveying.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
MAXIMUM EXTENT PRACTICABLE
The use of those best management practices which, based on
sound engineering and hydrogeological principles, will, to the greatest
degree possible and given all relevant considerations, including technology,
climate, and site conditions, reduce pollutants in stormwater runoff
and minimize the amount of stormwater runoff from a site during and
after construction.
MISSION WOODS DESIGN STANDARDS
Refers to the most-current version of the APWA Standards,
as amended, including, but not limited to, Sections 2100, 5100, and
5600, except those provisions inconsistent with federal, state, or
local law. In the event of an inconsistency, federal, state, or local
law shall take precedence over the Mission Woods Design Standards.
MUNICIPAL SEPARATE STORM SEWER SYSTEM or PUBLIC STORM SEWERS
The publicly maintained stormwater drainage system within
this City, including all appurtenances and ancillary structures thereto,
any conveyance or system of conveyances for stormwater, including
road drainage systems, streets, catch basins, detention basins, curbs,
gutters, ditches, man-made channels, or storm drains, as well as any
system that meets the definition of a "municipal separate storm sewer
system" or "MS4" as defined by the Environmental Protection Agency
in 40 CFR 122.26, or amendments thereto.
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-STORMWATER DISCHARGE OR RUNOFF
Any discharge to the municipal separate storm sewer system
that is not composed entirely of stormwater, including surface water
flow, that is resulting from residential, commercial, and industrial
activities.
NPDES STORMWATER DISCHARGE PERMIT
A National Pollutant Discharge Elimination System permit,
issued under authority delegated pursuant to 33 U.S.C. § 1342(b),
that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group,
or general area-wide basis.
OFF-SITE FACILITY
A stormwater management measure located outside the subject
property boundary described in the permit application for land development
activity.
ON-SITE FACILITY
A stormwater management measure located within the subject
property boundary described in the permit application for land development
activity.
PERENNIAL VEGETATION
Grass or other appropriate natural growing vegetation that
provides substantial land cover, erosion protection and soil stability
and that is capable of sustained and healthy growth over multiple
years under the constraints of shade, temperature, and moisture that
will be prevalent on the site. For the purposes of this chapter, annual
grasses that do not regenerate after winter, ornamental plants or
shrubs that do not offer effective erosion and sediment protection,
and plants that are not suitable for the expected growing conditions
on the site shall not be considered perennial vegetation.
PERMIT HOLDER
The person that is issued a permit by the City of Mission
Woods.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: hazardous waste; industrial waste;
paints, varnishes, and solvents; petroleum hydrocarbons; automotive
fluids; cooking grease; detergents (biodegradable or otherwise); degreasers;
cleaning chemicals; nonhazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that the same may cause or contribute
to pollution; floatables; pesticides, herbicides, and fertilizers;
liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved
and particulate metals; animal wastes; wastes and residues that result
from construction; asphalt-based materials; concrete and/or cement;
and noxious or offensive matter of any kind. "Pollution" or "pollutant"
means the contamination or other alteration of any water's physical,
chemical or biological properties by the addition of any constituent
and includes, but is not limited to, a change in temperature, taste,
color, turbidity, or odor of such waters, or the discharge of any
liquid, gaseous, solid, radioactive, or other substance into any such
waters as will or is likely to create a nuisance or render such waters
harmful, detrimental or injurious to the public health, safety, welfare,
or environment, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish or other aquatic life. The term "pollution"
or "pollutant" shall include those items defined as "pollutants" in
Section 502(6) of the Federal Clean Water Act, or any amendments thereto
[33 U.S.C. § 1362(6)]; pesticides as defined by K.S.A. 2-2438a
and any amendments thereto; and insecticides, fungicides, herbicides,
rodenticides, nematocides, defoliants, plant regulators, or desiccants,
as defined by K.S.A. 2-2202 and any amendments thereto. The term "pollution"
or "pollutant" shall not include uncontaminated stormwater, potable
water or reclaimed water generated by a lawfully permitted water treatment
facility. The term "pollution" or "pollutant" also shall not include
any substance identified in this definition if, through compliance
with the best management practices available, the discharge of such
substance has been reduced or eliminated to the maximum extent practicable.
In an enforcement action, the burden shall be on the person who is
the subject of such action to establish the reduction or elimination
of the discharge to the maximum extent practicable through compliance
with the best management practices available.
PROFESSIONAL ENGINEER
An engineer duly licensed by the Kansas State Board of Technical
Professions, pursuant to K.S.A. 74-7001 et seq., to practice engineering.
QUALIFIED EROSION CONTROL SPECIALIST
A professional engineer licensed in the State of Kansas or
a landscape architect licensed in the State of Kansas who has received
a minimum of eight hours' classroom instruction in sediment and
erosion control taught by a qualified professional in erosion and
sediment control or an individual possessing certification as a certified
professional in erosion and sediment control, certified by CPESC,
Inc., or equivalent qualifications approved in writing by the Director
as part of an approved stormwater pollution prevention plan or erosion
and sediment control plan.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT
Any solid material, organic or inorganic, that has been deposited
in water, is in suspension in water, is being transported or has been
removed from its site of origin by wind, water, ice or gravity as
result of soil erosion. Sedimentation is the process by which eroded
material is transported and deposited by the action of wind, water,
ice or gravity.
SITE
Any lot or parcel of land or a series of lots or parcels
of land adjoining or contiguous or joined together under common ownership
on which land disturbance activity is undertaken.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORMWATER DRAINAGE SYSTEM
Surface water and storm sewers and all appurtenances necessary
in the maintenance, operation, regulation, and improvement of the
same, including, but not limited to: pipes; culverts; bridges; open
improved channels; street gutters; inlets; pumping stations; enclosed
storm sewers; outfall sewers; surface drains; street, curb and alley
improvements associated with storm- or surface water improvements;
natural and man-made wetlands; channels; ditches; rivers; streams;
floodplains; water bodies; detention and retention facilities; and
other flood-control facilities and works for the collection, conveyance,
pumping, infiltration, treating, controlling, managing and disposing
of stormwater.
STORMWATER or STORMWATER RUNOFF
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for the control of pollutants, pollution or soil erosion
and sediment resulting from or during a land disturbance activity,
complying with the Mission Woods Design Standards, and may include,
without being limited to, the drawings, specifications, construction
documents, schedules, inspection reports, copies of permits or other
related documents upon which stormwater water quality treatment best
management practices to be used on a site are set forth.
UPSTREAM TRIBUTARY AREA
The acreage that discharges runoff to any area of a construction
site where a land disturbance activity is taking place. As used herein,
the "construction site" shall mean that area described within the
land disturbance permit.
WATER BODY
All surface watercourses and water bodies, including all
natural and man-made waterways and definite channels and depressions
in the earth, that may carry stormwater or hold water, even though
such waterways may only carry water during rains and storms and may
not carry stormwater at and during all times and seasons, and including
all areas defined at 40 CFR 122.2, and amendments thereto.
WATER QUALITY STORM
The storm event that produces less than or equal to 90% stormwater
runoff volume of all twenty-four-hour storms on an annual basis. In
the Kansas City metropolitan area, this is the 1.37-inch storm.
WATERSHED STUDIES
All studies, public or private, that examine a drainage area
to determine stormwater surface elevations and/or the condition of
streamways or water bodies.
WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
WATER QUALITY VOLUME (WQv)
The storage needed to capture and treat 90% of the average
annual stormwater runoff volume. Numerically, (WQv) will vary as a function of long-term rainfall statistical data.