§ 10.16.01. Definitions.

As used in this chapter, the following words and phrases shall have the following meanings:

Best management practices (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, engineered systems, programs and other management practices published by state or designated area-wide planning agencies.

Bio-retention.

A.

An engineered process to manage stormwater runoff, using the chemical, biological and physical properties afforded by a natural, terrestrial-based community of plants, microbes and soil. Bio-retention provides two important functions: water quantity (flood) controls; and improves water quality through removal of pollutants and nutrients associated with runoff.

B.

A method used for flow detention by utilizing infiltration. This method is normally used in small areas.

Commercial development. Any development that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi-apartment buildings, car wash facilities, mini-malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes.

Common plan of development. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan. One plan is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land-disturbing activities may occur.

Constructed wetlands. An artificial wetland system designed to mitigate the impacts of urban runoff.

Construction activity. For this permit, construction activity includes construction activity as defined in 40 C.F.R. part 122.26(b)(14)(x) and small construction activity as defined in 40 C.F.R. part 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated storm water runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include cleaning, grading, filling and excavating. Construction activity includes the disturbance of less than one-acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one-acre or more.

Construction site erosion control. Preventing or reducing soil erosion and sedimentation from land disturbing activity.

Debris. Any material including floating woody materials and other trash, suspended sediment, or bed load, moved by a flowing stream.

Detention. The temporary detaining or storage of floodwater in reservoirs, on parking lots, on rooftops and other areas under predetermined and controlled conditions and accompanied by controlled release of the stored water.

Detention basin. An open excavation or depression in the ground surface used for temporary storage of stormwater prior to release downstream.

Detention/retention maintenance plan. A plan describing pre- and post-construction maintenance, including but not limited to the timing and methods of same and addressing such responsibilities as sediment removal, outlet cleaning, mowing, herbicide spraying, litter control, and routine inspections. All maintenance shall be the responsibility of the owner or property owners association.

Detention pond. A stormwater detention facility which maintains a fixed minimum water elevation between runoff events except for the lowering resulting from losses of water due to infiltration or evaporation.

Develop land. To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.

Developer. Any person or entity proposing buildings or land improvements.

Development. Any construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.

Development. Should generally mean any of the following actions undertaken by a public or private individual or entity:

A.

The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other division by plat or deed; or

B.

Any land change, including, without limitation, clearing, tree removal, grubbing, stripping, dredging, grading, excavating, transporting and filling of land.

Disturbed area. An area that is altered as a result of clearing, grading, and/or excavation.

Drainage area. All land area that contributes runoff to the same discharge point.

Drainage basin. All land area contributing to a given discharge point in terms of drainage.

Drainage easement. Legal authorization by a property owner for use by another party or parties for all or any portion of his/her land for a drainage and adjoining utility purposes. Easements shall be dedicated to the city when required or approved by the administrative authority.

Drainage pipe. Drainage conduit, which carries storm water flows in either a closed storm water sewer system or culverts. RCP, CMP & HDPE are some common drainage pipes used throughout the state.

Duplex. Two housing units that share a common wall.

Easement. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

Elevation or elevations. All required elevations shall be based on mean sea level datum.

Emergency flood insurance program or emergency program. The program as implemented on an emergency basis in accordance with the NFIP. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

Engineer. A person who is a registered professional engineer in the state.

Erosion. The wearing away of land surfaces by the action of wind or water.

Erosion prevention. Measures employed to prevent erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover and construction phasing.

Excavation. Any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the resulting conditions.

Existing development. Buildings and other structures and impervious areas existing prior to [adoption of the ordinance from which this section is derived].

Existing structure. For 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.

Fill. Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved to a new location and shall include the resulting conditions.

Final stabilization. Either:

A.

All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of eighty (80) percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed; or

B.

For individual lots in residential construction by either:

1.

The homebuilder competing final stabilization as specified above, or

2.

The homebuilding establishing temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits, of final stabilization. (Homeowners typically have an incentive to put in the landscaping functionally equivalent to final stabilization as quick as possible to keep mud out of their homes and off sidewalks and driveways); or

3.

For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in subsections B.1. or B.2.

Freeboard. The vertical clearance of the lowest structural member of the bridge superstructure above the water surface elevation of the overtopping flood; the vertical distance between the level of the water surface usually corresponding to the design flow and a point of interest such as levee top or specific location on the roadway grade.

General contractor. The party who signs the construction contract with the owner to construct the project described in the final plans and specifications. Where the construction project involves more than one contractor, the general contractor will be the party responsible for managing the project on behalf of the owner. In some cases, the owner may be the general contractor. In these cases, the owner may contract an individual as the operator who would become the co-permittee.

Good housekeeping practice. A common practice related to the storage, use, or cleanup of materials performed in a manner that minimizes the discharge of pollutants. Examples include cleaning up spills and leaks and storing materials in a manner that will contain any leaks and spills.

Grading. Excavating, filling (including hydraulic fill), or stockpiling of earth material or any combination thereof, including the land in its excavated or filled condition.

Household hazardous waste. A product that is discarded from a home or a similar source that is either ignitable, corrosive, reactive, or toxic (e.g. used motor oil, oil-based paint, auto batteries, gasoline, pesticides, etc.).

Illegal discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this chapter.

Illegal/illicit connections. An illicit connection is defined as either of the following:

A.

Any drain or conveyance, whether on the surface of subsurface, which allows illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-storm water 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; or

B.

Any drain or conveyance connected from and 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.

Impervious. A hard surface (such as a parking lot), which prevents or retards the entry of water into the soil, thus causing water to run of the surface in greater quantities and at an increased flow rate. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.

Infiltration. The downward entry of water into the surface of the soil or the flow of a fluid through pores or small openings, commonly used in hydrology to denote the flow of water into soil material.

Legal authority. Defined as the ability to imposed and enforce statues, ordinances, and regulations to require control of pollutant sources and regulate the discharge of pollutants to the storm drain system, and to enter into interagency agreements, contracts, and memorandums of understanding.

Litter. Waste that is improperly disposed of on the street, sidewalk, lakes and other bodies of water, and in the general environment.

Municipal separate storm sewer system (MS4). Conveyance or system of conveyances (including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owner or operated by a state, city, town, borough, county, parish, district, association or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, similar entity, and Indian tribe or an authorized Indian tribal organization, or a designated and approve management agency under Section 208 of the Clean Water Act that discharges to water of the United States.

Natural waterways. Waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross-section with a meandering course. Construction channels such as drainage ditches shall not be considered natural waterways.

New structure. Structures for which the start of construction commences on or after the effective date of these regulations.

Non-storm water discharge. Any discharge to the storm drain system that is not composed entirely of storm water.

Non-structural BMP. A best management practice that does not require construction of a facility to control urban runoff.

Notice of intent (NOI). Application form for obtaining coverage under a general storm water permit for construction activities that disturbs one or more acres or for industrial activities.

Notice of termination. A notice to terminate coverage under this permit after construction is complete, the site has undergone final stabilization, and maintenance agreements for all permanent facilities have been established, in accordance with all applicable conditions of this permit.

NPDES. National Pollutant Discharge Elimination System initiated in 1972 by the amendments to the Federal Water Pollution control Act (the Clean Water Act or CWA) to address the discharge of pollutants to navigable waters from point sources unless the discharge is authorized by an NPDES permit. The Water Quality Act of 1987 added section 402(p) to the CWA establishing phased and tiered requirements for stormwater discharge under the NPDES program.

Owner. The person or party possessing the title of the land on which the construction activities will occur; or if the construction activity is for a lease holder, the party or individual identified as the lease holder; or the contracting government agency responsible for the construction activity.

Permittee:

A.

A person, partnership or corporation to whom a permit is granted.

B.

A person or persons, firm or governmental agency or other institution that signs the application submitted to AEDQ and is responsible for compliance with the terms and conditions of this permit.

Person responsible for the land distributing activity. The person who has or represents having financial or operation control over the land disturbing activity; and/or the landowner or person in possession or control of the land who directly or indirectly allowed the land disturbing activity or has benefited from it or who has failed to comply with any provision of this chapter.

Point source. Pollution arising from a well-defined origin, such as a discharge from an industrial plant.

Pollutant. Any introduced gas, liquid, or solid that makes a resource unfit for a specific purpose. A substance that pollutes air, water or land. They are defined in Section (502) of the Federal Clean Water Act (33 U.S.C. 1362(6)), specifically, pollutants that are carried by runoff from rainstorms or other watering activities. Examples of pollutants include but are not limited to the following:

A.

Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, pesticides, slag, ash, and sludge);

B.

Metals such as cadmium, lead, zinc, copper, silver, nickel, and chromium, and non-metals such as phosphorus and arsenic;

C.

Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease);

D.

Excessive eroded soils, sediment, and particulate materials in amounts which may adversely affect the beneficial use of the receiving waters, flora, or fauna;

E.

Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities);

F.

Substances having characteristics such as pH less than six or greater than nine, unusual coloration or turbidity, excessive levels of fecal coliform, fecal streptococcus, or enterococcus.

Post-development. Refers to the extent and distribution of land cover types anticipated to occur under conditions of full development of the submitted plan. This term is used to match pre-and post-development stormwater peak flows as required by this chapter.

Pre-developed conditions. Those land use conditions that existed prior to the initiation of the land disturbing activity in terms of topography, vegetation, or land use and rate, volume, or direction of stormwater runoff.

Pre-development. Refers to the extent and distribution of land cover types present before the initiation of land development activity, assuming that all land uses prior to land disturbing activity and in "good" condition as described in the National Resources Conservation Service Technical Release 55, Urban Hydrology for Small Watersheds (commonly known as TR-55). This term is used to match pre-and post-development stormwater peak flows as required by this chapter. In a situation where cumulative impervious surface created after the adoption of the ordinance from which this section is derived exceeds the twenty-thousand (20,000) sq. ft. threshold, the pre-development conditions shall be those prior to any land disturbance.

Raingarden.

A.

Shallow depressions designed to collect rain on the site - typically runoff from impervious surfaces such as roofs - and allow plants, bacteria and soils to clean the water as it seeps into the ground.

B.

A strategically located low area planted with native vegetation that intercepts runoff. Other terms include mini-wetland, stormwater garden, water quality garden, stormwater marsh, backyard wetland or bio-retention pond.

Receiving water. Rivers, lakes, oceans, or other bodies that receive runoff.

Redevelopment. Land-disturbing activity that results in the creation or addition or replacement of five thousand (5,000) square feet or more of impervious surface area on an already developed site. Where redevelopment results in an alteration to more than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post development storm water quality control requirements, the entire project must be mitigated. Where redevelopment results in an alteration to less than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post development storm water quality control requirements, only the alteration must be mitigated, and not the entire development. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Existing single family structures are exempt from the redevelopment requirements.

Registered landscape architect. A landscape architect properly registered and licensed to conduct work within the state.

Registered land surveyor. A land surveyor properly registered and licensed to conduct work within the state.

Registered professional engineer. A professional engineer properly registered and licensed to conduct work within the state.

Regulatory floodway. The floodplain area that is reserved in an open manner by federal, state or local requirement, i.e., unconfined or unobstructed either horizontally or vertically, to provide for the discharge of the base flood so that the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one-foot as established by the Federal Emergency Management Agency (FEMA) for administering the national flood insurance program).

Retention structure. A permanent structure whose primary purpose is to permanently store a given volume of stormwater runoff. Release of the given volume is by infiltration and/or evaporation.

Riparian buffer. A natural or vegetated area adjacent to streams and perennial water bodies through which stormwater flows in a diffuse manner, so that runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants. The riparian buffer is measured landward (horizontal distance) from the stream bank on both sides of the stream or from the normal pool elevation of a perennial water body.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, book, etc.

Runoff. The portion of rainfall or irrigation water and other watering activities also known as dry-weather flows that flow across the ground surface and eventually to receiving waters. Runoff can pick up pollutants from the air or the land and carry them to receiving waters.

Sediment. Solid earth material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface at a different site.

Sediment control. Methods employed to prevent sediment from leaving the site. Sediment control practices include silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins.

Stormwater. Water which originates from atmospheric moisture (rainfall or snowmelt) and falls onto land, water, or other surfaces.

Stormwater management plan. The set of drawings and other documents that comprise all of the information and specifications for the drainage systems, structures, concepts and techniques that will be used to control stormwater as required by this chapter and the stormwater management manual. Also included are the supporting engineering calculations and results of any computer analysis.

Stormwater management manual. The set of drainage policies, analysis methods, design charts, stormwater runoff methods, and design standards used by the city as the official design guidelines for drainage improvements consistent with this chapter. Any modifications will be made by the administrative authority consistent with the stated policies and intent of the chapter.

Stormwater pollution prevention plan (SWPPP). A plan designed to eliminate or reduce at the source the use, generation, or release of silts, toxic pollutants, hazardous substances, and hazardous wastes from entering storm waters.

Stormwater runoff. Water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere or entrapped by ground surface depressions and vegetation, which flows over the ground surface.

Stream. A body of running water.

Triple fee. Refers as to this chapter as three times the original cost of a permit which may be imposed on construction sites that have started land disturbance activities without approval or permits from the administrative authority.

Urban forestry.

A.

The management of trees for their contribution to the physiological, sociological, and economic well-being of urban society. Urban forestry deals with woodlands, groups of trees, and individual trees, where people live - it is multi-faceted, for urban areas it includes a great variety of habitats (streets, parks, derelict corners, etc.) where trees bestow a great variety of benefits and problems.

B.

The art, science and technology of managing trees, forests, and natural systems in and around urban areas for the health and well-being of communities.

Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state of any portion thereof.

( Ord. No. 2011-28 )