§ 14-802 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
   AS-BUILT PLANS. Drawings depicting conditions as they were constructed.
   AQUATIC BUFFER. A strip of undisturbed native vegetation, either original or re-established, that borders streams, wetlands and springs.
   AQUATIC CONSTRUCTION BUFFER. A strip of undisturbed native vegetation, either original or re-established, that borders, streams, wetlands and springs that is maintained during construction and until the site is established.
   AQUATIC CORRIDOR. An area of land and water which is important to the integrity and quality of a stream, wetland and spring. An AQUATIC CORRIDOR consists of the actual body of water and the adjacent aquatic buffer.
   BEST MANAGEMENT PRACTICES or BMPs. Physical, structural and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the city, and that have been incorporated by reference into this chapter as if fully set out therein. (Note: See § 14-804(A)(2) for recommended BMP manual.]
   CHANNEL. A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
   CONTAINMENT. Any physical, chemical, biological or radiological substance or matter in water.
   DESIGN STORM EVENT. A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a storm water facility.
   DEVELOPMENT. Any human-made change, involving construction or reconstruction, to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, clearing, paving, excavation, drilling operations or other land disturbances.
   DISCHARGE. Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.
   EASEMENT. An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.
   ELICIT CONNECTIONS. Illegal and/or unauthorized connections the municipal separate storm water system whether or not the connections result in discharges into that system.
   ELICIT DISCHARGES. Any discharge to the municipal separate storm sewer system that is not composed entirely of storm water and not specifically exempted under § 14-803(C).
   EROSION. The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by human activities or effects.
   EROSION AND SEDIMENT CONTROL PLAN. A written plan (including drawings or other graphic representation(s)) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
   FLOODPLAIN. For a given flood event, that area of land temporarily covered by water which adjoins a watercourse.
   FLOODWAY. The 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 foot.
   HOTSPOT or PRIORITY AREA. An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.
   IMPERVIOUS AREA. Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil.
   LAND DISTURBING ACTIVITY. Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. LAND DISTURBING ACTIVITIES include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling and excavation.
   MAINTENANCE. Any activity that is necessary to keep a storm water facility in good working order so as to function as designed. MAINTENANCE shall include complete reconstruction of a storm water facility if reconstruction is needed in order to restore the facility to its original operational design parameters. MAINTENANCE shall also include the correction of any problem on the site property that may directly impair the functions of the storm water facility.
   MAINTENANCE AGREEMENT. A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.
   MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The conveyances owned or operated by the municipality for the collection and transportation of storm water, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, human-made channels and storm drains.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. A permit issued pursuant to 33 U.S.C. § 1342. A permit program that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.
   NATIVE VEGETATION. Indigenous plants to the Cumberland plateau.
   OFF-SITE FACILITY. A structural BMP located outside the subject property boundary described in the permit application for land development activity.
   ON-SITE FACILITY. A structural BMP located within the subject property boundary described in the permit application for land development activity.
   PEAK FLOW. The maximum instantaneous rate of flow of water at a particular point resulting from a storm event.
   PERSON. Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.
   PLANTING PLAN. A re-vegetative plan approved by the city.
   PRIORITY AREA. "Hot spot", as defined herein.
   RUNOFF. The portion of the precipitation on a drainage area that is discharged from the area into the MS4.
   SEDIMENT. Solid 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 either above or below sea level.
   SEDIMENTATION. Soil particles suspended in storm water that can settle in stream beds and disrupt the natural flow of the stream.
   SOILS REPORT. A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The SOILS REPORT may be prepared using the NRCS land use data.
   STABILIZATION. Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
   STORM WATER. Storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.
   STORM WATER MANAGEMENT. The programs to maintain quality and quantity of storm water runoff to pre-development levels.
   STORM WATER MANAGEMENT FACILITIES. The drainage structures, conduits, ditches, combined sewers, sewers, retention basins, detention basins, rain gardens and all device appurtenances by means of which storm water is collected, transported, pumped, treated, held or disposed of.
   STORM WATER RUNOFF. Flow on the surface of the ground, resulting from precipitation.
   STREAM. All perennial and/or intermittent stream waterways and wetlands as identified on a seven and one-half minute USGS quadrangle map, or as determined by a federal or state agency or the city.
   STRUCTURAL BMP. Devices that are constructed to provide control of storm water runoff.
   SURFACE WATER. Includes waters upon the surface of the earth inbounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.
   TDEC 303(D) LIST. The list is a compilation of the streams and lakes in the state that are "water quality limited" or are expected to exceed water quality standards in the next two years and need additional pollution controls. Water quality limited streams are those that have one or more properties that violate water quality standards. They are considered impaired by pollution and not fully meeting designated uses. Additionally, the 303(D) LIST prioritizes impacted streams for specialized studies called total maximum daily load (TMDL) http://www.state.tn.us/environment/wpc/publications/303d2006.pdf.
   TOTAL MAXIMUM DAILY LOAD (TMDL). A calculation of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. The Clean Water Act, § 303, establishes water quality standards and TMDL programs. In the State of Tennessee, TMDLs are established by TDEC. http://tennessee.gov/environment/wpc/tmdl/.
   UNAPPROVED SPECIES. Invasive species of plants, such as kudzu, as designated by the city.
   WATERCOURSE. A permanent or intermittent stream or other body of water, either natural or human-made, which gathers or carries surface water.
   WATERSHED. All the land area that contributes runoff to a particular point along a waterway.
   WETLANDS. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetland determination shall be made by the Army Corp of Engineers and/or the State Department of Environment and Conservation, and/or other qualified professionals.
(Ord. 1167, passed 4-24-2008)