For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADMINISTRATIVE MANUAL. A manual developed by the Code Enforcement Board and distributed to the public to provide information for the effective administration of this chapter, including but not limited to the following documents:
(1) Application/certification for storm water management and construction erosion and sediment control.
(2) Stormwater process and fee schedule for construction erosion/sediment control plan review and inspection.
(3) Construction stormwater pollution prevention plan (SWPPP) template.
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, general good housekeeping 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.
CERTIFIED CONTRACTOR. A person or firm who has received training to install, inspect and maintain erosion and sediment control practices.
CODE ENFORCEMENT BOARD. The enforcement agency and or any duly authorized designee.
CLEARING. Any activity that removes all or a portion of existing vegetative cover.
DRAINAGE WAY. Any channel that conveys surface runoff within a site.
DESIGN MANUAL. The City of Cold Spring storm water Design Manual referenced herein shall refer to the Northern Kentucky Regional Storm Water Management Rules and Regulations and the Sanitation District 1 - Stormwater Best Management Practices Manual as the Stormwater Design Manual.
DEVELOPMENT. New development created by the addition of built upon area to land void of built upon area as of the effective date of this chapter.
DISTURBANCE. Any use of the land by any person or entity which results in a change in the natural cover or topography of the land.
DRAINAGE AREA. That area of land that drains to a common point on a project site.
EROSION CONTROL. Measures that limit wind, rainfall or runoff from displacing exposed or disturbed soil.
EROSION AND SEDIMENT CONTROL PLAN. A set of drawings or narrative indicating the specific measures and sequencing to be used to control sediment and erosion on a site during and after construction. On larger sites or in special circumstances these plans may be required to be prepared by or under the direction of a licensed professional engineer.
FLOODPLAIN. The low, periodically-flooded lands adjacent to streams. For land use planning purposes, the regulatory floodplain is usually viewed as all lands that would be inundated by the regulatory flood.
KDOW. The Kentucky Division of Water.
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES ) STORM WATER DISCHARGE PERMIT. A permit issued by the Kentucky Division of Water (KDOW) under delegated authority by the United States Environmental Protection Agency (USEPA) pursuant to 33 USC 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.
GRADING. Excavation, fill or other disturbance of soil material, including deposition on or removal of in-situ material from a site.
LAND DISTURBING ACTIVITY. Any construction-related land change that may result in soil erosion from wind, water and/or ice, and the movement of sediments into or upon waters, lands, or rights of way within the city including, but not limited to, construction, demolition, clearing and grubbing, grading, excavating, transporting, and filling of land. Land disturbing activity does not include the following:
(1) Minor land disturbing activities, including, but not limited to, underground utility repairs; replacement of existing utilities at a single location; home gardens and landscaping; and minor repairs;
(2) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
(3) Excavation or filling of graves in a cemetery;
(4) “Agricultural Use” as defined under KRS 100.111;
(5) Resource extraction activity pursuant to the kentucky pollutant discharge elimination system general permit or a facility specific individual KPDES permit;
(6) Site investigations, such as geotechnical explorations, clearing for surveying work, monitoring wells, and archaeological explorations, that are undertaken prior to submittal of an application for a preliminary subdivision plat; and
(7) Emergency work to protect life, limb, or property, and emergency repairs.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 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.
OWNER. The legal or beneficial owner of land, including but not limited to a fee owner, mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. OWNER shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an OWNER, unless the secured lender is included within the meaning of OWNER under another description in this definition, such as a management entity.
PERIMETER CONTROL. A barrier at or near the limits of disturbance, which prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERSON(S). Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
PHASING. Clearing a parcel of land in distinct segments, with the stabilization of each segment completed before the clearing of the next.
PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
SEDIMENT CONTROL. Measures that limit eroded sediment from leaving the site.
SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
STABILIZATION. The use of practices that limit the erosion of exposed soil.
START OF CONSTRUCTION. The initial land-disturbing activity associated with a development, including land preparation, clearing, grading, and filling; excavation for basements, footings, piers, or foundations; and installation of accessory structures.
STORMWATER MANAGEMENT PERMIT. A permit required for all development and redevelopment unless exempt pursuant to this chapter, which demonstrates compliance with this chapter.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A 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.
WATERCOURSE. Any open drainageway, including, but not limited to lakes, ponds, rivers, streams, and bodies of water owned or maintained by the City of Cold Spring.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.
(Ord. 14-1008, passed 8-25-2014)