For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning stated below.
"APPLICANT." The landowner or developer who submits an application to the MUPB for an EPSC permit pursuant to this chapter.
"APPROVING AGENCY." The Morehead Utility Plant Board, its General Manager and any other MUPB Stormwater Department official deemed appropriate, responsible for review and approval of stormwater management plans.
"AS-BUILTS." Construction drawings or plans that have been updated to show actual constructed locations of roadways, storm and sanitary sewers, culverts, catch basins, manholes, headwalls, swales and other infrastructure improvements. As-built information may include but not be limited to pipe size and material, horizontal and vertical locations of pipelines rim and invert elevations of manhole and catch basin structures, angles and offsets, and roadway and pipe slopes.
"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, structural or nonstructural, which are proven to be effective in reducing pollutants in stormwater, controlling runoff, erosion and sedimentation and mitigate flooding.
"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.
"COMMUNITY WATERS." Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetland, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of Morehead.
"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.
"DETENTION FACILITY." A temporary or permanent natural or manmade structure that provides for the temporary storage of stormwater runoff which is designed so as not to create a permanent pool of water.
"DEVELOPER." Any person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity and/or in the development or re-development of property.
"DRAINAGE AREA." That area-contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline.
"ENFORCEMENT AGENCY." The Morehead Utility Plant Board, its General Manager and any other MUPB Stormwater Department official deemed appropriate and their authorized designated to enforce this chapter.
"ENGINEER." A professional engineer licensed in the Commonwealth of Kentucky to practice in the field of civil works.
"EPSC DESIGN MANUAL AND STANDARDS." A compilation of rules, design criteria, guidelines and standards adopted by the City of Morehead as being proven methods of controlling construction related surface runoff, erosion and sedimentation.
"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 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 an MUPB sponsored or approved training course in EPSC.
"EXISTING GRADE." The grade prior to grading.
"EXTENDED DETENTION." A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events.
"FINISH GRADE." The final grade of the site, which conforms to the approved plan.
"FLOODPLAIN." The one hundred (100) year floodplain which is that area adjoining a watercourse which could be inundated by a flood that has a one (1) percent chance of being equaled or exceeded in any given year and is delineated on the Federal Emergency Management Agency Floodway Maps.
"FLOW ATTENUATION." Prolonging the flow time of runoff to reduce the peak discharge.
"GENERAL PERMIT." A KPDES stormwater general permit for stormwater discharges related to construction activities that disturb one (1) acre or more. Coverage under this general stormwater permit is obtained by filing a Notice of Intent (NOI) with the Kentucky Division of Water.
"GRADE." The vertical location of the ground surface.
"HAZARDOUS MATERIALS." Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, biological or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
"ILLEGAL DISCHARGE." Direct or indirect non-stormwater substance, including silt or sediment, or hazardous material disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into the MS4, community waters, waters of the Commonwealth, or any area draining directly or indirectly into the MS4, except as exempted in this chapter.
"ILLICIT CONNECTION." Defined as any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4. Included are conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had previously allowed, permitted, or approved.
"IMPERVIOUS SURFACE UNIT." Defined as a two thousand five hundred (2,500) square foot average area per residential unit in which rainwater will not easily percolate into the ground. Commercial and industrial properties may consist of multiple ISUs.
"INFILTRATION." The passage or movement of water into the soil surface.
"INSPECTOR." A person designated by the Enforcement Agency who has attended an MUPB sponsored or approved training course in detection of illicit discharges.
"ISSUING AUTHORITY." The Morehead Utility Plant Board.
"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 City of Morehead, including but not limited to building demolition, clearing and grubbing, grading, excavating, transporting and filling of land.
"MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)." A conveyance, or system of conveyances including roads with drainage systems, municipal and county streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains designed or used for collecting or conveying stormwater. Sanitary and combined sewers are not included in the definition of the municipal separate storm sewer system.
"NON-STORMWATER DISCHARGE." Any discharge to the MS4, community waters or waters of the Commonwealth that is not composed solely of stormwater except as permitted by this chapter.
"OUTFALL." The point of discharge to any watercourse from a public or private stormwater drainage system.
"PERMITTEE." The applicant in whose name a valid EPSC permit is duly issued pursuant to this chapter and his/her agents, employees, and others acting under his/her direction.
"POLLUTANT." Anything, which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; silt and sediments; floatables, pesticides, herbicides, and fertilizers; hazardous substances; sewage, animal wastes, fecal coliform and pathogens; dissolved and particulate metals; non-hazardous liquids; and yard wastes, refuse, construction debris, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations.
"PREMISES." The area of land, site, grounds, property on which the illegal discharge emanates.
"REDEVELOPMENT." Any construction, alteration, or improvement involving land disturbance performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential.
"RETENTION FACILITY." A temporary or permanent natural or manmade structure that provides for the storage of stormwater runoff by means of a permanent pool of water.
"RETROFITTING." The construction of a structural BMP in a previously developed area or the modification of an existing structural BMP, to improve water quality and reduce flow rate and volume over current conditions.
"ROUGH GRADE." The stage at which the grade approximately conforms to the approved plan.
"RUNOFF." Rainfall, snowmelt, or irrigation water flowing over the ground surface.
"SEDIMENT." Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
"SEDIMENTATION." The process or action of depositing 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 EPSC 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, stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike paths, recreational facilities, ground covers, plantings, and landscaping.
"SITE WASTE." Waste from the construction site such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary wastes.
"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.
"STORMWATER DESIGN STANDARDS." The MUPB stormwater design standards, latest version that serves as the official guide for stormwater design principles, methods and practices.
"STORMWATER MANAGEMENT." For:
(1) Quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by manmade changes to the land; and
(2) Qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
"STORMWATER MANAGEMENT FEE (SMF)." Or stormwater utility fee (SUF) is a MUPB utility charge developer from an ISU map to fund the stormwater program.
"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, stormwater, 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.
"WATERS OF THE COMMONWEALTH." Any surface watercourses and water bodies including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons.
"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 Sec. 404, Federal Water Pollution Control Act Amendments of 1987.
(Ord. 26:2019, passed 7-8-19)