§ 24-3-2 DEFINITIONS.
   Whenever used in this article, the following terms shall have the meaning given to them in this section.
   APPLICANT. Any person who submits an application to the city for a permit pursuant to this article.
   ARCHITECT. A person duly registered or authorized to practice architecture in the state.
   ASTM. The American Society for Testing Materials.
   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). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies.
   BORROW. Earth material acquired from an off-site location for use in grading on a site.
   CITY. The City of Scottsbluff and only includes areas within its corporate limits.
   CITY ENGINEER. The City Engineer/Director of Public Works of the city and his or her duly authorized designees.
   CIVIL ENGINEER. A professional engineer registered in the state to practice in the field of civil works.
   CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.
   CLEARING and GRUBBING. Any activity that removes the vegetative surface cover, including the cutting and removal of trees, shrubs, bushes, and other vegetation, including removal of tree stumps, roots, and other remains in the designated areas.
   CSW. The construction site to waters permit of the state.
   DEMOLITION. Any act or process of wrecking or destroying a building or structure as defined in the Building Code.
   DETENTION FACILITY. A temporary or permanent natural or human made structure that provides for the temporary storage of stormwater runoff.
   DEVELOPER. Any person, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity.
   DEVELOPMENT SERVICES DEPARTMENT. The department in the city that is responsible for building inspections, code enforcement, community development, current and long range planning, zoning, and permit coordination.
   DIRECTOR OF STORMWATER POLLUTION PREVENTION PLAN INSPECTION. The stormwater program specialist of the city and his or her duly authorized designees.
   EROSION. The wearing away of earth material as a result of the movement of wind, water, ice, and/or land disturbance activities.
   EXCAVATION. The mechanical removal of earth material.
   FILL. A deposit of soil or other earth materials placed by artificial means.
   FINAL SWPPP (FINAL PLAN). Plan which includes permanent measures and Best Management Practices to control surface runoff and control sediment, if not included in the SWPPP (Plan).
   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 for the city.
   GENERAL STORMWATER PERMIT. The Nebraska Department of Environmental Quality (NDEQ) general National Pollutant Discharge Elimination System (NPDES) construction stormwater permit covering anyone conducting a land disturbing activity which disturbs one or more acres of total
land area.
   GRADE. The vertical location of the ground surface.
      (1)   Existing grade is the grade prior to grading;
      (2)   Rough grade is the stage at which the grade approximately conforms to the approved plan; and
      (3)   Finish grade is the final grade of the site which conforms to the approved plan.
   ISSUING AUTHORITY. The stormwater program specialist of the city and their duly authorized designees.
   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 corporate limits of the city, 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, home gardens, minor repairs, and maintenance work which do not disturb more than one acre and is not part of a larger common plan of development;
      (2)   Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;
      (3)   Emergency work to protect life, limb, or property and emergency repairs. If the land disturbing activity would have required an approved SWPPP except for the emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of this article; and
      (4)   Agricultural and other activity related to the production and management of crops for economic benefit.
   LANDSCAPE ARCHITECT. A person duly registered or authorized to practice landscape architecture in the state.
   LARGER COMMON PLAN OF DEVELOPMENT. Part of a large set of plans if the ultimate plan is larger than one acre then it is part of a larger common plan.
   MAINTENANCE PROJECT. A non-construction related activity.
   MEASURABLE STORM EVENT. Any precipitation measuring one-half inches or greater.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(B) that authorizes the discharge of pollutants to water of the United States, whether the permit is applicable on an individual, group, or general area-wide basis).
   NOAA. The National Oceanic and Atmospheric Administration
   NDEQ. The Nebraska Department of Environmental Quality.
   NDOR. The Nebraska Department of Roads.
   N.O.I. The document of notice of intent
   N.O.T. The document of notice of termination.
   OUTFALL. The point of discharge to any watercourse from a public or private stormwater drainage system.
   OWNER. Any person with a legal or equitable interest in the land for which an erosion control permit has been issued.
   PERMITTEE. The applicant in whose name a valid permit is duly issued pursuant to this article and his or her agents, employees, and others acting under his or her other direction.
   RETENTION FACILITY. A temporary or permanent natural or human-made structure that provides for the storage of stormwater 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 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.
   SLOPE. The incline of a ground surface expressed as a ratio of horizontal distance to vertical distance.
   SOIL. Naturally occurring surficial deposits overlying bedrock.
   STORMWATER POLLUTION PREVENTION PLAN (SWPPP). Plan which includes a set of Best Management Practices or equivalent measure designed to control surface runoff and erosion and to retain sediment on a particular site 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 the specific requirements set forth in § 24-3-9 of this article.
   STORMWATER POLLUTION PREVENTION PLAN INSPECTOR. Employee of the city that has in his or her possession either of the following:
      (1)   Certification for erosion and sediment control for inspectors sponsored or endorsed by the Nebraska Local Technical Assistance Program; or
      (2)   Certification of preparer of stormwater pollution prevention plan and certified compliance inspector of stormwater sponsored or endorsed by Stormwater USA.
   STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover including clearing, grubbing of stumps and root mat, and topsoil removal.
   STRUCTURE. Anything 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.
   SURVEYOR. A person duly registered or authorized to practice land surveying in the state.
   SWPPP. The stormwater pollution prevention plan which details sediment erosion and control.
   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, water (including 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.
   WATERSHED. A region draining to a specific river, river system, or body of water.
   WETLAND. A lowland area, such as a marsh, which is saturated with moisture, as defined in § 404, Federal Water Pollution Control Act Amendments of 1987, being 33 U.S.C. § 1344.