For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 and drainage from raw materials storage.
BUILDING PHASE OF DEVELOPMENT. Period of construction activity when a portion(s) of a common plan of development or sale requires a building permit.
COMMON PLAN OF DEVELOPMENT OR SALE. 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 which may include, but is not limited to, any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design and the like) or physical demarcation (including boundary signs, lot stakes, surveyor markings and the like) indicating construction activities may occur on a specific plot.
CONSTRUCTION ACTIVITY. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, demolition and other land-disturbing actions.
CONSTRUCTION SITE. Any location where construction activity occurs.
CONTRACTOR. Any person performing or managing construction work at a construction site including, but not limited to, any construction manager, general contractor or subcontractor and any person engaged in any one or more of the following: Earthwork; pipework; paving; building; plumbing; mechanical; electrical; landscaping; or material supply.
CLEARING. Any activity that removes the vegetative surface cover.
DISTURBED AREA. Area of the land’s surface disturbed by any work or activity upon the property by means including, but not limited to, grading, excavating, stockpiling soil, fill or other materials, clearing, vegetation removal, removal or deposit of any rock, soil or other materials or other activities which expose soil. DISTURBED AREA does not include the tillage of land that is zoned for agricultural use.
DRAINAGE DESIGN GUIDANCE OR MANUAL. Documentation that references design criteria and guidance by a community for stormwater management.
EARTHWORK. The disturbance of soil on a site associated with construction activities.
EIGHTIETH PERCENTILE RAIN EVENT. A rainfall storm event equivalent to a depth of rainfall which is not exceeded in 80% of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified in the post-construction stormwater management plan (PCSMP). The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.
EROSION. The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN. A plan that indicates the specific measures and sequencing to be used for controlling sediment and erosion on a development site during construction activity according to locally-approved standards, specifications and guidance.
EROSION CONTROL. Measures that prevent soil erosion to the maximum extent practicable.
FINAL DRAINAGE PLAN. Project specific grading plan as approved by the City Engineer.
FINAL STABILIZATION. When all soil disturbing activities at the site have been completed and vegetative cover has been established with a uniform density of at least 70% of pre-disturbance levels or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this chapter, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site is considered FINAL STABILIZATION.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
LAND DEVELOPMENT. Any land change including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and or any other installation of impervious cover.
LAND DISTURBANCE ACTIVITY. Any land development that may result in soil erosion from wind, water and/or ice and the movement of sediments into or upon waters, and/or right-of-way.
MS4 BOUNDARY. This area is defined as the urbanized area map boundary prepared by the U.S. Census Bureau. This is the minimum boundary adopted by the EPA for Phase II communities as part of the MS4 program.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Publicly-owned facilities 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, pipe 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 Environmental Protection Agency (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b), i.e., the Nebraska of Environmental Quality) that authorizes the discharge of pollutants to waters of the state.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
OPERATOR. The individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties. It is anticipated that with any different phases of a construction project, different types of parties will satisfy the definition of OPERATOR and the pertinent portions of any applicable permit authorization from the State of Nebraska will be transferred as the roles change.
OWNER. The person who owns a facility, development, part of a facility or land.
PERSON. Any individual, association, organization, partnership, firm, corporation, cooperative, limited liability company or other entity recognized by law.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANT may include, but are not limited to: Paints, varnishes and solvents; oil and other automotive fluids; nonhazardous 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; wastes and residues that result from mobile washing operations; waste and residue from carpet cleaning and noxious or offensive matter of any kind.
POLLUTION. The presence in waters of the state of any substances, contaminants, pollutants or human-made or human-induced impairment of waters or alteration of the chemical, physical, biological or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.
POST-CONSTRUCTION. The general time period referenced in perpetuity from the approval for final acceptance of the construction phase of any construction activity.
POST-CONSTRUCTION STORMWATER MANAGEMENT. The management of stormwater for a period of time in perpetuity from approval for final acceptance of the construction phase of any construction activity. The management of stormwater includes the use of STFs that meet minimum site performance standards in accordance with the city’s MS4 permit. STFs are intended to provide stormwater treatment during this time period and are considered functional after vegetation has been established.
POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN. Documentation supporting analysis, design, maintenance and inspection of STFs installed on a site in order to meet minimum site performance standards in accordance with the city’s MS4 permit.
POST-CONSTRUCTION STORMWATER MANAGEMENT PROGRAM. Municipality controlled program that stems from requirements in the MS4 permit. This is the guiding document behind designs for the required STFs and post-construction stormwater management plan for each site.
PREMISES. Any building, lot, parcel or tract of land, or portion thereof, whether improved or unimproved and including adjacent sidewalks and parking strips.
RECEIVING WATERS. Any water of the state, including any and all surface waters that are contained in or flow in or through the State of Nebraska, all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater and storm sewer systems owned by other entities.
REDEVELOPMENT. Any construction, alteration or improvement performed on a previously developed site.
SEDIMENT. Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind, gravity or mechanically by any person.
SEDIMENT CONTROL. Measures that prevent eroded sediment from leaving the site.
SEVENTIETH PERCENTILE RAIN EVENT. A rainfall storm event equivalent to a depth of rainfall which is not exceeded in 70% of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified in the post-construction stormwater management plan (PCSMP). The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.
SITE. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
SPILL. A release of solid or liquid material which may cause pollution of the MS4 or waters of the state.
STABILIZATION. The use of practices that prevent exposed soil from eroding.
STORMWATER. 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 document which narrates the best management practices and activities to be implemented by a person during the construction activities, which identifies 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.
STORMWATER TREATMENT FACILITIES (STF). Permanent best management practices (BMPs) put in place to provide control and treatment of stormwater runoff after construction for land development is complete. These facilities are physical in nature and sometimes referred to as structural BMPs.
SUBDIVISION DEVELOPMENT. Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.
UTILITY AGENCY/CONTRACTOR. Private utility companies, public utility departments or other contractors working for such private utility companies or public entity utility departments or other utility providers engaged in the construction or maintenance of utility lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
WATERCOURSE. A natural or artificial channel through which water can flow.
WATERS OF THE STATE. Any and all surface and subsurface waters that are contained in or flow through the State of Nebraska. This definition includes all watercourses, even if they are usually dry.
(Prior Code, § 54.02) (Ord. 18-32, passed 9-4-2018)