[R.O. 1988 § 15-3; Ord. No. 2517, 3-2-1987; Ord. No. 2820, 12-2-1991; Ord. No. 3500 § 2, 4-1-2002; Ord. No. 3846 § 1, 1-7-2008]
For the purpose of this Chapter, the following terms, phrases, words, and their derivatives shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
ONE-HUNDRED-YEAR FLOODPLAINThe area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of one hundred (100) years.
ACCELERATED EROSIONErosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
ACTIVE STREAM CHANNELThe area of the stream channel that is subject to frequent flows (at least the peak flow from a two-year design storm) and that includes the portion of the channel below the floodplain.
ACTUAL START OF CONSTRUCTIONDifferent from "start of construction"; the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
ACTUARIAL OR RISK PREMIUM RATESThose rates established by the Public Works Director pursuant to individual City studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
AGENCYThe Federal Emergency Management Agency (FEMA).
APPEALA request for a review of the Public Works Director's interpretation of any provision of this Chapter or a request for a variance.
BASEMENTAny area of the structure having its floor subgrade (below ground level) on all sides.
BEST MANAGEMENT PRACTICES (BMPs)Schedules of activities, prohibitions of practices, general good house-keeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
BUFFERA vegetated area, including trees, shrubs, and herbaceous vegetation, that exists or is established to protect a stream system, lake, or reservoir. 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 (100) square feet of area.
COMMUNITYAny State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
CHANNELA natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CITY OF ROLLAThe incorporated municipality given the name of "Rolla" located in the State of Missouri in Phelps County and the governing body within the said district boundaries. Also referred to as "City."
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITYActivities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DEDICATIONThe deliberate appropriation of property by its owner for general public use.
DESIGN STORMThe duration and return frequency of the storm event used to determine the design capacity, or analyze the existing capacity, of a storm sewer system and/or detention facility. A design storm shall be approximately the same in duration as the time of concentration, but shall not be less than fifteen (15) minutes or greater than twenty-four (24) hours.
DETENTION FACILITYA detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
DETENTIONThe temporary storage of storm runoff in a stormwater facility with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
DEVELOPERA person who undertakes land disturbance activities.
DEVELOPMENTAny human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials
(a) The improvement of property for any purpose involving building;
Subdivision or the division of a tract or parcel of land into two (2) or more parcels;
The combination of any two (2) or more lots, tracts, or parcels of property for any purpose;
The preparation of land for any of the above purposes.
DRAINAGE EASEMENTA legal right granted by a landowner to a grantee allowing the use of private land for stormwater conveyance and/or detention systems.
DRAINAGE WAYAny channel that conveys surface runoff throughout the site.
ELEVATED BUILDINGFor insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundations, walls, shear walls, posts, piers, pilings, or columns.
EROSION AND SEDIMENT CONTROL PLANA set of plans prepared by or under the direction of a registered professional engineer to be used to control sediment and indicating the specific measures and sequencing for erosion control on a development site during and after construction.
EXISTING CONSTRUCTIONFor the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City of Rolla.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FEE IN LIEUA payment of money in place of meeting all or part of the stormwater performance standards required by this Chapter.
FLOOD ELEVATION DETERMINATIONA determination by the Public Works Director of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
FLOOD FRINGEThe area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)An official map of the City, issued by the Public Works Director, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.
FLOOD INSURANCE RATE MAP (FIRM)An official map of the City, on which the Public Works Director has delineated both the special flood hazard areas and the risk premium zones applicable to the City of Rolla.
FLOOD INSURANCE STUDY (FIS)An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) The overflow of inland waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENTThe operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONSZoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof that provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFINGAny combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
FLOODWAY FRINGEThat area of the floodplain, outside of the floodway that on the average is likely to be flooded once every one hundred (100) years [i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year].
FLOODWAY or REGULATORY FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
FREEBOARDA factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USEA use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
GRADINGExcavation or fill of material, including the resulting conditions 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.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTUREAny structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) By an approved State program as determined by the Secretary of the Interior; or
Directly by the Secretary of the Interior in states without approved programs.
HYDROLOGIC SOIL GROUP (HSG)A Natural Resource Conservation Service classification system in which soils are categorized into four (4) runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
ILLEGAL DISCHARGEAny direct or indirect non-stormwater discharge to the storm drain system.
ILLICIT CONNECTIONSAn illicit connection is defined as either of the following:
(a) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which 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 the City of Rolla;
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 the City of Rolla.
IMPERVIOUS COVERThose surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMITA National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATIONThe process of percolating stormwater into the subsoil.
LAND DEVELOPMENT PERMITA permit issued by the City of Rolla for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
LAND DISTURBANCE ACTIVITYAny activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, culling, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or human-made 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 in the land.
LOWEST FLOORThe lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.
MANUFACTURED HOMEA structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MAPThe Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).
MEAN SEA LEVELFor purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
NFIPThe National Flood Insurance Program (NFIP).
NEW CONSTRUCTIONFor the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by the City and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City.
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, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
OFF-SITE FACILITYA stormwater improvement facility located outside the subject property boundary described in the land development permit application.
ON-SITE FACILITYA stormwater improvement facility located within the subject property boundary described in the land development permit application.
PERIMETER CONTROLA barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMANENT CONSTRUCTIONDoes not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
PERSONAny individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
PHASING.Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
POLLUTANTAnything which 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, ordnance, 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.
POLLUTIONAny contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to:
(a) Public health, safety, or welfare;
Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;
Livestock, wild animals, or birds;
Fish or other aquatic life.
PREMISESAny building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
PRINCIPALLY ABOVE GROUNDAt least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.
RECREATIONAL VEHICLEA vehicle which is:
(a) Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REDEVELOPMENTAny construction, alteration or improvement exceeding one (1) acre in areas where existing land use is high-density commercial, industrial, institutional or multi-family residential.
REMEDY A VIOLATIONTo bring a structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.
RISK PREMIUM RATESThose rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.
SITEA parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
SPECIAL HAZARD AREAAn area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE.
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. Includes substantial improvement, and means the date the land development permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date.
STATE COORDINATING AGENCYThat agency of the State government, or other office designated by the governor of the State or by State statute at the request of the Public Works Director to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
STOP-WORK ORDERAn order issued which requires that all construction activity on a site be stopped.
STORM DRAINAGE SYSTEMPublicly owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER IMPROVEMENTSThe use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
STORMWATER POLLUTION PREVENTION PLANA document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
STORMWATER RETROFITA stormwater improvement system designed for an existing development site that previously had either no stormwater improvement system in place or a system inadequate to meet the requirements of the site.
STORMWATER TREATMENT PRACTICES (STPS)Measures, either structural or non-structural, that are 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.
STORMWATERAny surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STREAM CHANNELPerennial and intermittent watercourses identified through site inspection and U.S. Geological Survey (USGS) maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted on a USGS map with a dotted blue line.
STREAM SYSTEMA stream channel together with the one-hundred-year floodplain.
STRUCTURE or BUILDINGFor floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
TIME OF CONCENTRATIONThe time it takes for water to travel from the hydraulically most distant point in the contributing drainage area to the point of interest.
VARIANCEA grant of relief by the City from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the City.
VIOLATIONThe failure of a structure or other development to be fully compliant with the City's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.
WASTEWATERAny water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATER SURFACE ELEVATIONThe height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
WATERCOURSEA permanent or intermittent stream or other body of water, either natural or human-made, which gathers or carries surface water; including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the City of Rolla.
WATERWAYA channel that directs surface runoff to a watercourse or to the public storm drain.
WETLANDSThose 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.