City of Excelsior Springs, MO
Clay County
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Table of Contents
Table of Contents
[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:
APPLICANT
A property owner or agent of a property owner who has filed an application for a permit.
BANKFULL
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.
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).
BUFFER
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.
BUILDING
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.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity which removes the vegetative surface cover through disturbance of the root zone.
CITY COUNCIL
The Excelsior Springs City Council.
CITY
The City of Excelsior Springs, Missouri.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DETENTION
The temporary storage of storm runoff in a stormwater BMP with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
DEVELOPER
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.
DEVELOPMENT
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.
DIRECTOR
The Director of Excelsior Springs Public Works or his/her designee.
DRAINAGE FACILITY
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.
EASEMENT
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.
EROSION AND SEDIMENT CONTROL PLAN
A plan designed to minimize the loss of soil at a site during construction activities, by implementation of practices that will prevent accelerated runoff.
GRADING
Excavation or fill of material, including the resulting condition thereof.
HAZARDOUS MATERIALS
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.
INDIGENOUS VEGETATION
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.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted by this Chapter.
ILLICIT CONNECTIONS
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.
IMPAIRED WATERS
Those streams, rivers and lakes that currently do not meet their designated use classification and associated water quality standards under the Clean Water Act.
IMPERVIOUS COVER
Includes those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL STORMWATER PERMIT
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.
INFILL DEVELOPMENT
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.
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 grade or below grade.
JURISDICTIONAL WETLAND
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.
KC-APWA 5100
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.
KC-APWA 5600
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.
LAND DEVELOPMENT
A human-made change to, or construction on, the land surface that changes its runoff characteristics.
LAND DISTURBING ACTIVITY
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.
LAND DISTURBANCE PERMIT
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.
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 to the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and that provides for long-term maintenance of stormwater BMPs.
MARC BMP MANUAL
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
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.
NON-STORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
NON-STRUCTURAL MEASURE
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.
NONPOINT 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.
ORDINARY HIGH WATER MARK
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.
OWNER
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.
PERIMETER CONTROL
A 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 BMP
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.
PERSON
A natural person, corporation, partnership or other entity.
PHASING
The clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
POINT SOURCE
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)
POLLUTANT
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.
PROFESSIONAL ENGINEER
A licensed engineer who is registered with and authorized to practice engineering in the State of Missouri.
RECEIVING STREAM OR CHANNEL
The body of water or conveyance into which stormwater runoff is discharged.
RECHARGE
The replenishment of underground water reserves.
REDEVELOPMENT
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.
RESPONSIBLE PARTY
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.
RIGHT-OF-WAY
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.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
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.
STOP WORK ORDER
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.
STORMWATER
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.
STORMWATER DRAINAGE SYSTEM
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.
STORMWATER MANAGEMENT
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.
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 SWPPP commonly describes and ensures the implementation of practices that are to be used to reduce pollutants in stormwater and non-stormwater discharges.
STORMWATER RETROFIT
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.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
STREAM BUFFER
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.
STREAMS
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.
WATER QUALITY VOLUME (WQV)
The storage needed to capture and treat 90% of the average annual stormwater runoff volume.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERSHED or CATCHMENT
The entire geographical area drained by a river and its tributaries; an area characterized by the conveyance of all runoff to the same outlet.