[Ord. 2517; Ord. 2820; Ord. 3500,
§2; Ord. 3846 §1]
For the purpose of this Chapter, the following terms, phrases,
words, and their derivatives shall have the meaning herein given.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
ACCELERATED EROSION
Erosion caused by development activities that exceeds the
natural processes by which the surface of the land is worn away by
the action of water, wind, or chemical action.
ACTIVE STREAM CHANNEL
The area of the stream channel that is subject to frequent
flows (at least the peak flow from a two-year design storm) and that
includes the portion of the channel below the floodplain.
ACTUAL START OF CONSTRUCTION
Different from "start of construction"; the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation or the placement
of a manufactured home on a foundation. For a substantial improvement,
the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
ACTUARIAL OR RISK PREMIUM RATES
Those rates established by the Public Works Director pursuant
to individual City studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
AGENCY
Means the Federal Emergency Management Agency (FEMA).
APPEAL
A request for a review of the Public Works Director's interpretation
of any provision of this Chapter or a request for a variance.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
BUFFER
A vegetated area, including trees, shrubs, and herbaceous
vegetation, that exists or is established to protect a stream system,
lake, or reservoir. Alteration of this natural area is strictly limited.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than one hundred (100) square feet of area.
COMMUNITY
Means any State or area or political subdivision thereof,
which has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
CITY OF ROLLA
The incorporated municipality given the name of "Rolla" located
in the State of Missouri in Phelps County and the governing body within
the said district boundaries. Also referred to as "City".
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. §
1251 et seq.), and any subsequent amendments thereto.
CLEARING
Any activity that removes the vegetative surface cover.
CONSTRUCTION ACTIVITY
Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one (1) acre
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
DESIGN STORM
The duration and return frequency of the storm event used
to determine the design capacity, or analyze the existing capacity,
of a storm sewer system and/or detention facility. A design storm
shall be approximately the same in duration as the time of concentration,
but shall not be less than fifteen (15) minutes or greater than twenty-four
(24) hours.
DETENTION FACILITY
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
DETENTION
The temporary storage of storm runoff in a stormwater facility
with the goals of controlling peak discharge rates and providing gravity
settling of pollutants.
DEVELOPER
A person who undertakes land disturbance activities.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials
(a)
The improvement of property for any purpose involving building;
(b)
Subdivision or the division of a tract or parcel of land into
two (2) or more parcels;
(c)
The combination of any two (2) or more lots, tracts, or parcels
of property for any purpose;
(d)
The preparation of land for any of the above purposes.
DRAINAGE EASEMENT
A legal right granted by a landowner to a grantee allowing
the use of private land for stormwater conveyance and/or detention
systems.
DRAINAGE WAY
Any channel that conveys surface runoff throughout the site.
ELEVATED BUILDING
Means for insurance purposes, a non-basement building which
has its lowest elevated floor raised above ground level by foundations,
walls, shear walls, posts, piers, pilings, or columns.
EROSION AND SEDIMENT CONTROL PLAN
A set of plans prepared by or under the direction of a registered
professional engineer to be used to control sediment and indicating
the specific measures and sequencing for erosion control on a development
site during and after construction.
EXISTING CONSTRUCTION
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the City of Rolla.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
FEE IN LIEU
A payment of money in place of meeting all or part of the
stormwater performance standards required by this Chapter.
FLOOD ELEVATION DETERMINATION
A determination by the Public Works Director of the water
surface elevations of the base flood, that is, the flood level that
has a one percent (1%) or greater chance of occurrence in any given
year.
FLOOD FRINGE
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of the City, issued by the Public Works Director,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A zones.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the City, on which the Public Works Director
has delineated both the special flood hazard areas and the risk premium
zones applicable to the City of Rolla.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD OR FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a)
The overflow of inland waters and/or
(b)
The unusual and rapid accumulation or runoff of surface waters
from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of police power. The
term describes such state or local regulations, in any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management
regulations.
FLOOD PROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.
FLOODWAY FRINGE
That area of the flood plain, outside of the floodway that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
FLOODWAY OR REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as bridge openings and the hydrological
effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, 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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is (a) listed individually in the National
Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register; (b) certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; (c)
individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the
Secretary of the Interior; or (d) individually listed on a local inventory
of historic places in communities with historic preservation programs
that have been certified either (1) by an approved state program as
determined by the Secretary of the Interior or (2) directly by the
Secretary of the Interior in states without approved programs.
HYDROLOGIC SOIL GROUP (HSG)
A Natural Resource Conservation Service classification system
in which soils are categorized into four (4) runoff potential groups.
The groups range from A soils, with high permeability and little runoff
production, to D soils, which have low permeability rates and produce
much more runoff.
ILLEGAL DISCHARGE
Any direct or indirect non-stormwater discharge to the storm
drain system.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
(a)
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system
including but not limited to any 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 been previously allowed, permitted, or approved
by the City of Rolla;
(b)
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by the City of Rolla.
IMPERVIOUS COVER
Those surfaces that cannot effectively infiltrate rainfall
(e.g., building rooftops, pavement, sidewalks, driveways, etc).
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR, Section 122.26 (b) (14).
INDUSTRIAL STORMWATER PERMIT
A National Pollutant Discharge Elimination System permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT PERMIT
A permit issued by the City of Rolla for the construction
or alteration of ground improvements and structures for the control
of erosion, runoff and grading.
LAND DISTURBANCE ACTIVITY
Any activity which changes the volume or peak flow discharge
rate of rainfall runoff from the land surface. This may include the
grading, digging, culling, scraping, or excavating of soil, placement
of fill materials, paving, construction, substantial removal of vegetation,
or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
LANDOWNER
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access, or storage, in an area other than a
basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in
violation of the applicable flood proofing design requirements of
this Chapter.
MANUFACTURED HOME
A structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
MAP
Means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance
Rate Map (FIRM) for a community issued by the Federal Emergency Management
Agency (FEMA).
MEAN SEA LEVEL
Means, for purposes of the National Flood Insurance Program
(NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other
datum, to which base flood elevations shown on a community's Flood
Insurance Rate Map (FIRM) are referenced.
NFIP
The National Flood Insurance Program (NFIP).
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date
of the floodplain management regulations adopted by the City and includes
any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the City.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
OFF-SITE FACILITY
A stormwater improvement facility located outside the subject
property boundary described in the land development permit application.
ONE-HUNDRED-YEAR FLOODPLAIN
The area of land adjacent to a stream that is subject to
inundation during a storm event that has a recurrence interval of
one hundred (100) years.
ON-SITE FACILITY
A stormwater improvement facility located within the subject
property boundary described in the land development permit application.
PERIMETER CONTROL
A barrier that prevents sediment from leaving a site by filtering
sediment-laden runoff or diverting it to a sediment trap or basin.
PERMANENT CONSTRUCTION
Does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure.
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
PHASING.
Clearing a parcel of land in distinct phases, with the stabilization
of each phase completed before the clearing of the next.
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; non-hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnance, and accumulations, so that same may
cause or contribute to pollution; floatable's; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
POLLUTION
Any contamination or alteration of the physical, chemical,
or biological properties of any waters that will render the waters
harmful or detrimental to:
(a)
Public health, safety, or welfare;
(b)
Domestic, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses;
(c)
Livestock, wild animals, or birds;
(d)
Fish or other aquatic life.
PREMISES
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is (a) built on a single chassis; (b) four
hundred (400) square feet or less when measured at the largest horizontal
projections; (c) designed to be self-propelled or permanently towable
by a light-duty truck; and (d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
REDEVELOPMENT
Any construction, alteration or improvement exceeding one
(1) acre in areas where existing land use is high density commercial,
industrial, institutional or multifamily residential.
REMEDY A VIOLATION
Means to bring a structure or other development into compliance
with Federal, State, or local floodplain management regulations; or,
if this is not possible, to reduce the impacts of its noncompliance.
RISK PREMIUM RATES
Means those rates established by the Administrator pursuant
to individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. Risk premium rates include provisions for operating costs
and allowances.
SITE
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
SPECIAL HAZARD AREA
An area having special flood hazards and shown on an FHBM,
FIRM or FBFM as zones (unnumbered or numbered) A and AE.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
START OF CONSTRUCTION
The first land-disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings,
piers, or foundations; erection of temporary forms and installation
of accessory buildings such as garages. Includes substantial improvement,
and means the date the land development permit was issued, provided
the actual start of construction, repair, reconstruction, placement,
or other improvement was within one hundred eighty (180) days of the
permit date.
STATE COORDINATING AGENCY
That agency of the state government, or other office designated
by the governor of the state or by state statute at the request of
the Public Works Director to assist in the implementation of the National
Flood Insurance Program (NFIP) in that state.
STOP WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
STORM DRAINAGE SYSTEM
Publicly-owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
STORMWATER IMPROVEMENTS
The use of structural or non-structural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the Best Management Practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to Stormwater, Stormwater
Conveyance Systems, and/or Receiving Waters to the Maximum Extent
Practicable.
STORMWATER RETROFIT
A stormwater improvement system designed for an existing
development site that previously had either no stormwater improvement
system in place or a system inadequate to meet the requirements of
the site.
STORMWATER TREATMENT PRACTICES (STPS)
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing or reducing
point source or nonpoint source pollution inputs to stormwater runoff
and water bodies.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STREAM CHANNEL
Perennial and intermittent watercourses identified through
site inspection and U.S. Geological Survey (USGS) maps. Perennial
streams are those which are depicted on a USGS map with a solid blue
line. Intermittent streams are those which are depicted on a USGS
map with a dotted blue line.
STREAM SYSTEM
A stream channel together with the one-hundred-year floodplain.
STRUCTURE OR BUILDING
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure" for insurance
purposes, means a walled and roofed building, other than a gas or
liquid storage tank that is principally above ground and affixed to
a permanent site, as well as a manufactured home on a permanent foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration or repair, but does not include
building materials or supplies intended for use in such construction,
alteration or repair, unless such materials or supplies are within
an enclosed building on the premises.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include either:
(a)
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
(b)
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
TIME OF CONCENTRATION
The time it takes for water to travel from the hydraulically
most distant point in the contributing drainage area to the point
of interest.
VARIANCE
A grant of relief by the City from the terms of a floodplain
management regulation. Flood insurance requirements remain in place
for any varied use or structure and cannot be varied by the City.
VIOLATION
The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required by this Chapter is presumed
to be in violation until such time as that documentation is provided.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
WATER POLLUTION HAZARD
A land use or activity that causes a relatively high risk
of potential water pollution.
WATER SURFACE ELEVATION
Means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water;
including, but not limited to lakes, ponds, rivers, streams, and bodies
of water delineated by the City of Rolla.
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
WETLANDS
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.