City of Mission Woods, KS Definitions

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;

(5)

Agricultural uses.

DEVELOPMENT APPLICATION

Any application required by the City Code as a prerequisite to initiation of development.

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.

IMPERVIOUS COVER

Those surfaces that cannot effectively infiltrate rainfall.

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.

LAND DISTURBANCE PERMIT (LDP)

The local permit required by the City of Mission Woods for any land disturbance occurring in a given area.

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 (WQ_v)

The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically, (WQ_v) will vary as a function of long-term rainfall statistical data.