The following words and phrases, when used in this chapter, shall have the following meaning.
APPLICANT. Any person who has applied for a permit under the terms and conditions of this chapter.
AS-BUILT. A final drawing of the actual installation of structures, materials and equipment.
BEST MANAGEMENT PRACTICES (BMP). Refers to physical, structural and/or managerial practices that when used singly or in combination, prevent or reduce pollution of water and have been approved by the utility. BMPs include, but are not limited to, infiltration, retention and/or detention, bio-filtration facilities, open ditches with check dams, filter fabric strips, oil/water separators, wet ponds, constructed wetlands, erosion and sedimentation control, and other treatment/abatement facilities. BMPs include, but are not limited to, structural solutions covered by the terms best available technology (BAT) and all known available and reasonable methods of treatment (AKART).
CLEARING. The removal of trees and brush from the land, but shall not include the ordinary mowing of grass.
CONNECTION CHARGES. Charges imposed as a condition of connecting to the utility system so each connecting property bears its equitable share of the cost of the public drainage system and of the costs of facilities that benefit the property; these charges include the general facilities charge and direct facility charge.
DESIGN SURFACE and STORM EVENT. The owner/developer/applicant is responsible for storing the difference in pre- and post-development discharge and/or maintaining the post-development discharge for a two-year, ten-year and 100-year surface and storm event with a three-hour duration.
DETENTION FACILITY. A structure designated to detain design frequency storm water runoff on-site and then releases the runoff at a controlled rate at a defined discharge point.
DEVELOPER. A person, partnership, firm or corporation who is the owner or is acting as agent in the request for a building/zoning permit.
DEVELOPMENT. Any artificial change to property including, but not limited to, building or other structures, mining, dredging, filling, all land-disturbing activities, clearing, grading, landscaping, paving, excavation or
drilling operations, any activity that requires a permit or approval including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, unclassified use permit, zoning variance or reclassification, planned unit development, subdivision, short subdivision, master plan development, building site plan or right-of-way use permit.
DRAINAGE EASEMENT. A right granted by a landowner to a grantee allowing the use of private land for surface and storm water management purposes.
DRAINAGE FACILITIES. Shall include, but not be limited to, all surface and storm water runoff conveyance and containment facilities including streams, pipelines, channels, ditches swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities and other drainage structures and appurtenances, both natural and humanmade.
DRAINAGE SYSTEM. Natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, surface and storm sewers, lakes and other physical works, properties and improvements that transfer, control, convey or otherwise influence the movement of surface and storm water runoff.
DITCH. A natural or artificial drainage way with a top width less than ten feet at the design flow depth.
EMERGENCY. Any natural or human-made event or set of circumstances that disrupts or threatens to disrupt or endanger the operation, structural integrity or safety of the drainage system; endangers the health and safety of the public; or otherwise requires immediate action by the utility.
EROSION. The wearing away of land surface by action of wind, water, gravity, ice or other geological agents or a combination of those forces.
EROSION AND SEDIMENT CONTROL. Any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.
EXCEPTION. Relief from specific mandates of a minimum requirement.
FLOOD HAZARD BOUNDARY MAP (FHBM). The latest revision of the official map of the city, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.
FLOOD INSURANCE RATE MAP (FIRM). The map delineating special flood hazard areas effective November 1, 1977, (or latest revision), that was prepared by the Federal Insurance Administration for the city, or as subsequently amended or revised by the Federal Emergency Management Agency.
GRADING. Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
ILLICIT DISCHARGE. All non-surface and storm water discharges to surface and storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards including, but not limited to, sanitary sewer connections, industrial process water, interior floor drains, car washing and gray water systems.
IMPERVIOUS SURFACE. Developed areas of land that prevent, retard or significantly impede the infiltration of surface and storm water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Typical impervious surface areas include, but are not limited to, roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of surface and storm water into the soil.
LAND DISTURBING ACTIVITY. Any activity 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, demolition, construction, clearing, grading, filling and excavation.
MAINTENANCE STANDARDS. Standards which include minimum requirements for maintaining drainage facilities so they function as intended and provide water quality protection and flood control.
MASTER DRAINAGE PLAN. The latest version of the city's Master Drainage Plan as adopted by City Council. The Plan recommends the form, location and extent of quantity and quality control measures that would satisfy
legal constraints, water quality standards and community standards and identifies the institutional and funding requirements for plan implementation.
ONE HUNDRED-YEAR, THREE-HOUR STORM EVENT (100-YEAR, 3-HOUR STORM). A storm which produces 4.1 inches of rain, occurring within a three-hour duration.
OWNER. The legal, beneficial, equitable owner or owners of land including the holder of an option or contract to purchase (whether or not the option or contract is subject to any conditions), a lessee (if he or she is authorized under the lease to exercise the rights of the landowner), or any other person having a proprietary interest in land.
POLLUTANT. Any substance which, when added to water, would contaminate or alter the chemical, physical or biological properties of any waters of the city's drainage system or of the state. This includes a change in temperature, taste, color, turbidity or odor of the waters or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the city's drainage system or of the state as will or is likely to create a nuisance. It also includes any substance which renders such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial use, or to livestock, wild animals, birds, fish or other aquatic life.
POLLUTION. The contamination or other alteration of the physical, chemical or biological properties of any natural waters including change in temperature, taste, color, turbidity or odor of the water, or the discharge of any liquid, gaseous, solid, radioactive or other substance into any such water as will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to the public health, safety, welfare or to domestic, commercial industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
PRIVATE DRAINAGE SYSTEM. Drainage systems located on private property and designed to discharge directly as through pipes, channels and the like, or indirectly as sheet flow, subsurface flow and the like into the city's drainage system.
PROCEDURE. A process adopted by the utility to implement this chapter or to carry out other responsibilities as may be required by this chapter, other ordinances or municipal order of the city or other agencies.
PROPERTY OWNER/DEVELOPER/ APPLICANT. The person, firm, partnership or corporation who is the owner of record as listed in the Christian County Property Valuation Office assessment rolls.
PUBLIC SURFACE AND STORM WATER SYSTEM. Those elements of the surface and storm water system maintained and operated by the city:
(1) Located on property owned by the city or in the public right-of-way; or
(2) Located on property which the city has an easement, license or other right of use for utility purposes.
RECEIVING WATERS. Bodies of water or surface water systems receiving water from upstream humanmade (or natural) systems.
REDEVELOPMENT. On an already developed site, the creation and/or addition of impervious surfaces, structural development including construction, installation, or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land-disturbing activities associated with structural or impervious redevelopment.
RETENTION/DETENTION FACILITY (R/D). A type of drainage system designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground; or to hold surface and storm water runoff for short period of time and then release it to the surface and storm water management system.
RUNOFF CONTROL BMPs. BMPs that are intended to control or manage the rate and/or quantity of surface and storm water runoff.
SERVICE AREA. All land within the corporate limits of the city including all land areas legally annexed thereto.
SITE PLAN. A plan which indicates the character of the existing site, topography, natural drainage features on or adjacent to the site, the location and dimensions of all impervious surfaces, flow arrows indicating the direction of surface and storm water flows on-site and any off-site flows entering the site, the proposed method of utilizing the existing drainage system.
SOURCE CONTROL BMP. A structure or operation intended to prevent pollutants from coming into contact with surface and storm water through physical separation of areas or careful management of activities that are sources of
pollutants. A few examples of source control BMPs are erosion control practices, maintenance of surface and storm water facilities, constructing roofs over storage and working areas and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (Determined by the shortest flow path.)
STORM WATER MANAGEMENT. The planning, design, engineering, construction, regulation, improvement, repair, maintenance and operation of facilities and programs relating to storm water flood plains, flood control, grading, erosion, pollutant capture and/or transformation and sediment control for the protection of public health, safety, welfare and natural resources meeting state and federal regulatory requirements.
STORM WATER MANAGEMENT PLAN. A plan approved by the Surface and Storm Water Utility of Hopkinsville, Kentucky, which includes either a small parcel or large parcel erosion and sediment control plan and/or a water quality control plan.
SURFACE AND STORM WATER. That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes or other features of a surface and storm water drainage system into a defined surface water-body or a constructed infiltration facility.
SURFACE WATER. The naturally occurring water that flows over or is stored on the earth's surface.
UNSAFE CONDITION. Any condition on any premises which is a hazard to public health or safety that does or may impair or impede the operation or functioning of any portion of the public drainage system or which may cause damage thereto.
UTILITY. The surface and storm water utility component of the City of Hopkinsville, as created by Ord. 32-2005.
(Ord. 32-2005, passed 12-6-2005)