For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The landowner or developer who submits an application to the county for an EPSC permit pursuant to this chapter.
BEDROCK. In place solid rock.
BENCH. A relatively level step excavated into earth material on which fill is to be placed.
BEST MANAGEMENT PRACTICES (BMP). A technique or series of techniques, which are proven to be effective in controlling runoff, erosion and sedimentation.
BORROW. Earth material acquired from an off-site location for use in grading on a site.
CLEARING AND GRUBBING. The cutting and removal of trees, shrubs, bushes, windfalls and other vegetation including removal of stumps, roots and other remains in the designated areas.
CONTRACTOR. A person who contracts with the permittee, landowner, developer or another contractor (i.e., subcontractor) to undertake any or all the land-disturbance activities covered by this chapter.
CO-PERMITTEE. Any person, other than the permittee, including, but not limited to, a developer or contractor who has or represents financial or operational control over the land-disturbing activity.
COUNTY PLANNING AND ZONING DIRECTOR. The Franklin County Planning and Zoning Director and his or her authorized designees.
DETENTION FACILITY. A temporary or permanent natural or human-made structure that provides for the temporary storage of storm water runoff.
DEVELOPER. Any person, firm, corporation, sole proprietorship, partnership, state agency or political subdivision thereof engaged in a land-disturbance activity.
ENGINEER. A professional engineer licensed in the commonwealth to practice in the field of civil works.
EPSC (EROSION PROTECTION AND SEDIMENT CONTROL). The prevention of soil erosion and control of solid material during land-disturbing activity to prevent its transport out of the disturbed area by means of air, water, gravity or ice.
EPSC DESIGN MANUAL AND STANDARDS. A compilation of rules, design criteria, guidelines and standards adopted by the county as being proven methods of controlling construction related surface runoff, erosion and sedimentation.
EPSC PERMIT. A permit required by this chapter for land-disturbance activities.
EPSC PLAN. A detailed plan which includes a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a specific development site or parcel of land during the period in which pre-construction and construction related land- disturbances, fills and soil storage occur, and before final improvements are completed, all in accordance with this chapter.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water, ice and/or land-disturbance activities.
EROSION CONTROL INSPECTOR. A person designated by the issuing authority who has attended a Frankfort/Franklin County-sponsored or approved training course in EPSC.
FLOODPLAIN. The 100-year floodplain which is that area adjoining a watercourse which could be inundated by a flood that has a 1% chance of being equaled or exceeded in any given year and is delineated on the Federal Emergency Management Agency Floodway Maps.
GENERAL PERMIT. A KPDES storm water general permit for storm water discharges related to construction activities that disturb one acre or more. Coverage under this GENERAL STORM WATER PERMIT is obtained by filing a notice of intent (NOI) with the state’s Division of Water.
GRADE. The vertical location of the ground surface.
(1) EXISTING GRADE is the grade prior to grading.
(2) FINISH GRADE is the final grade of the site which conforms to the approved plan.
(3) ROUGH GRADE is the stage at which the grade approximately conforms to the approved plan.
ISSUING AUTHORITY. The County Planning and Zoning Director and his or her duly authorized designees.
KPDES. Kentucky Pollutant Discharge Elimination System.
LAND-DISTURBANCE ACTIVITY. Any 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 county, including, but not limited to, building demolition, clearing and grubbing, grading, excavating, transporting and filling of land. Land-disturbANCE ACTIVITY does not include the following:
(1) MINOR Land-disturbANCE ACTIVITIES including, but not limited to, underground utility repairs, replacement of existing utilities, home gardens, minor repairs and maintenance work;
(2) Installation of fence, sign, telephone and electric poles and other kinds of posts or poles; or
(3) Emergency work to protect life, limb or property and emergency repairs. If the land- disturbing activity would have required an approved EPSC, except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter.
NPDES. Federal National Pollution Discharge Elimination System.
OUTFALL. The point of discharge to any watercourse from a public or private storm water drainage system.
PERMITTEE. The applicant in whose name a valid EPSC permit is duly issued pursuant to this chapter and his or her agents, employees and others acting under his or her direction.
PUBLIC WORKS DIRECTOR. The City of Frankfort Public Works Department Director and City Engineer.
RETENTION FACILITY. A temporary or permanent natural or human-made structure that provides for the storage of storm water runoff by means of a permanent pool of water.
RUNOFF. Rainfall, snowmelt or irrigation water flowing over the ground surface.
SEDIMENT. Soils or other surficial materials transported by surface water as a product of erosion.
SEDIMENTATION. The process or action of deposition sediment that is determined to have been caused by erosion.
SITE. The entire area of land on which the land-disturbance activity is proposed in the site disturbance permit application.
SITE PLAN. A plan or set of plans showing the details of any land-disturbance activity of a site including, but not limited to, the construction of: structures; open and enclosed drainage facilities; storm water management facilities; parking lots; driveways; curbs; pavements; sidewalks; bike paths; recreational facilities; ground covers; plantings; and landscaping.
SLOPE. The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
SOIL. Naturally occurring surficial deposits overlying bedrock.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover including clearing, grubbing of stumps and root mat and topsoil removal.
STRUCTURE. Any thing manufactured, constructed or erected which is normally attached to or positioned on land, including buildings, portable structures, earthen structures, roads, parking lots and paved storage areas.
TOPSOIL. The upper layer of soil.
UTILITY. The owner/operator of any underground facility, including an underground line, facility, system and its appurtenances used to produce, store, convey, transmit or distribute communications; data, electricity, power, heat, gas, oil, petroleum products, potable water, storm water, steam, sewage and other similar substances.
WATERCOURSE. Any natural or improved stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale or wash in which waters flow either continuously or intermittently.
WATERSHED. A region draining to a specific river, river system or body of water.
WETLANDS. A lowland area such as a marsh that is saturated with moisture, as defined in § 404, Federal Water Pollution Control Act amendments of 1987, being 33 U.S.C. §§ 1251 et seq.
(Ord. 1-2018, passed 1-9-2018)