For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
70TH PERCENTILE RAIN EVENT. A rainfall storm event equivalent to a depth of rainfall which is not exceeded in 70% of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified using local precipitation data. The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.
80TH PERCENTILE RAIN EVENT. A rainfall storm event equivalent to a depth of rainfall which is not exceeded in 80% of the historic runoff producing rainfall events. The depth of rainfall to be used shall be that which is identified using local precipitation data. The depth of rainfall is used in hydrologic calculations to determine the water quality volume or rate of discharge to be controlled for.
BUILDER. The general contractor responsible for permitting, payment of fees, and constructing a structure and associated construction activity.
COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, on different schedules, but under one proposed plan which may include, but is not limited to, any announcement or piece of documentation (including a preliminary or final plat, sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, and the like) or physical demarcation (including boundary signs, lot stakes, surveyor markings, and the like) indicating construction activities may occur on a specific plot.
CONSTRUCTION SITE. Any location where construction activity occurs.
CONTRACTOR. Any person performing or managing construction work at a construction site, including, but not limited to, any construction manager, general contractor, or subcontractor, and any person engaged in any one or more of the following: earthwork, pipe work, paving, building, plumbing, mechanical, electrical, landscaping, or material supply.
DISTURBED AREA. Area of the lands surface disturbed by any work or activity upon the property by means including, but not limited to grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. DISTURBED AREA does not include the tillage of land that is used for agricultural production.
DRAINAGE DESIGN GUIDANCE OR MANUAL. Documentation that references design criteria and guidance suggested by the city for stormwater management.
EARTHWORK. The disturbance of soil on a site associated with construction activities.
EPA. Environmental Protection Agency, an independent federal agency, created in 1970, that sets and enforces rules and standards that protect the environment and control pollution.
FINAL DRAINAGE PLAN. A plan that indicates the characteristics of the complete project. The plan will also indicate the future conditions post-construction STFs will be maintained under.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS SURFACE. Any surface in the landscape that cannot effectively absorb or infiltrate rainfall. This includes, but is not limited to, driveways, streets, parking lots, rooftops, and sidewalks.
LAND DEVELOPMENT. Any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting, and filling of land, construction, paving, and any other installation of impervious cover.
MUNICIPAL SEPARATE STORM SEWER SYSTEM “MS4”. City-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage ditches/channels, reservoirs, and other drainage structures.
MS4 BOUNDARY. The boundary defined by the city boundary that is subject to the requirements of the MS4 program. In no instance shall the MS4 boundary be less inclusive than the urbanized area map boundary prepared by the U.S. Census Bureau, the minimum boundary adopted by the EPA for Phase II communities as part of the MS4 program.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM “NPDES” STORMWATER DISCHARGE PERMIT. A permit issued by the EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b), such as, Nebraska Department of Environmental Quality) that authorizes the discharge of pollutants to waters of the state.
OWNER. The person who owns a facility, development, part of a facility, or land.
POLLUTION. The presence in waters of the state of any substances, contaminants, pollutants, or human-made or human induced impairment of waters, or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation, unless authorized by applicable law.
POST-CONSTRUCTION STORMWATER MANAGEMENT. Permanent stormwater management for a site that controls stormwater runoff for a set duration after a storm. The management of stormwater includes the use of STFs that meet minimum site performance standards in accordance with the city’s MS4 permit. STFs are intended to provide stormwater treatment during this time period and are considered functional after vegetation has been established.
POST-CONSTRUCTION STORMWATER MANAGEMENT PLAN. Documentation supporting analysis, design, maintenance, and inspection of STFs installed on a site in order to meet minimum site performance standards in accordance with the city’s MS4 permit.
RECEIVING WATER. Any water of the state, including any and all surface waters that are contained in or flow in or through the state, all watercourses, even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems owned by other entities.
SEDIMENT. Soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.
SITE. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER TREATMENT FACILITIES “STFS”. Permanent Best Management Practices put in place to provide control and treatment of stormwater runoff after construction activity for land development is complete. These facilities are physical in nature and sometimes referred to as “structural” BMPS.
SUBDIVISION. Includes activities associated with the platting of any parcel of land into two or more lots and all construction activity taking place thereon.
UTILITIES. Infrastructure constructed to provide services that support land development, such as water, sanitary sewer, storm sewer, electric, gas, telephone, television, and communication services.
WATERS OF THE STATE. Any and all surface and subsurface waters that are contained in or flow in or through the state. The definition includes all watercourses, even if they are usually dry.
(Ord. 4225, passed 3-5-2018)