§ 63-24 — Definitions

Sec. 63-24. - Definitions.

For the purposes of this article, the following terms, phrases, words and their derivations shall have the following meanings. 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. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. Adopted standards means any design or construction specification, including the erosion and sediment control design criteria and specifications, adopted in writing by the director of public works or director of water services. Agricultural crop management practices means all land farming operations including plowing or tilling of land for the purpose of crop production or the harvesting of crops. Applicant means the person who owns the affected property or the person's authorized agent who submits or is required to submit an application to the director of water services for a site disturbance permit. Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping 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. Building permit means any permit issued by the director of codes administration. Clearing means any activity which removes the vegetative ground cover including, but not limited to, root removal or top soil removal. Code means the Code of Ordinances for the city. Construction activity means activities subject to national pollutant discharge elimination system permits issued by the Missouri Department of Natural Resources or EPA ("NPDES construction permits") or city land-disturbance permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Director means the director of water services of the city or the director's authorized representative. Earth materials means any rock, natural soil or combination thereof. Erosion means the wearing away of land by the action of wind, water, gravity, or a combination thereof. Erosion and sediment control plan means a set of measures designed to control runoff and erosion, and to retain sediment on a particular site during pre-construction, construction, and after all permanent improvements have been erected or installed. Erosion and sediment control regulations means this article in its entirety. Erosion and sediment control specifications means the erosion and sediment control design criteria and specifications adopted in writing by the director of public works. Engineer means a civil engineer that is registered as a professional engineer with the Missouri Board of Architects, Professional Engineers and Land Surveyors. Excavate means the mechanical removal of earth materials. Fill means the deposit or stockpiling of earth materials. Grading means any excavating or filling of earth materials or any combination thereof. Inspection means the periodic field review of erosion and sediment control measures as defined in the erosion and sediment control plan for the purposes of determining compliance. Land disturbance/land disturbance activity means any activity that changes the physical conditions of landform, vegetation, and hydrology. Such activities include, but not limited to. clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging, and storing of materials. Land fill means any human activity depositing soil or other earth materials. Nuisance means any act or situation as defined in section 48-3 of the Code of Ordinances for the city. Occupant means any person who has a legal or equitable interest in any land, building or structure other than a fee interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance or adverse possessor, as well as a person in possession or a person who has charge, care or control of such land, building or structure as the agent or personal representative of the person holding legal title to a fee interest. Owner means any person who, alone or jointly or severally with others: (1) Shall have legal title to any land, building or structure, or part thereof, with or without having actual possession thereof; or (2) Shall have charge, care or control of any land, building or structure, or part thereof; or (3) Shall have possession or right to possession of any land, building or structure under contract for deed. Person means any individual, firm, partnership, corporation, association, organization, or legal entity of any kind including governmental entities. QCR means quality control review, a process of checking a plan submittal application or resubmitted for completeness against a certified submittal checklist that the applicant has prepared and attached to the plan prior to acceptance for technical review. RCR means review comment resolution, a service provided to communicate and clarify review deficiencies. Regulations means the Kansas City, Missouri Erosion and Sediment Control Regulations in its entirety. Sampling means the procedures associated with the determination of settleable solids and may include suspended solids in a discharge sample of water. Sediment means any solid material, mineral or organic that has been deposited in water, is in suspension in water, is being transported or has been removed from its site of origin by wind, water, or gravity as result of soil erosion. Site disturbance permit means authorization given by the director of water services noted in section 63-34, to perform land disturbance activities. Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants. Soil storage means any human activity depositing soil or other earth materials for later use or disposal. Timbering means the act of cutting and removing trees without disturbing the root or adjacent vegetation. Vegetative cover means any grasses, shrubs, trees and other vegetation which hold and stabilize soils. Water bodies means surface waters including rivers, streams, lakes and wetlands. Wetlands means those areas that are inundated or saturated by surface or ground water 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. This does not include the following surface waters of the state intentionally constructed from sites that are not wetlands: drainage ditches, grass-lined swales, and landscape amenities. Work means any activity that involves construction or preparation for construction of an improvement.

(Ord. No. 981135, § B, 2-22-99; Ord. No. 020879, § A, 8-01-02; Ord. No. 120933, § 1, 11-8-12; Ord. No. 230741, § 3, 2-29-24)