“Active stream zone” is the area of the stream that lies between the ordinary high water mark established on each side.

“Applicant” means a property owner or agent of a property owner who has filed an application for a permit that is subject to the requirements of this title.

“Best management practices” or “BMPs” mean the utilization of methods, techniques or products that have been demonstrated to be the most effective and reliable in minimizing adverse impacts on water bodies and the adjacent stream corridors, including, but not limited to, 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 physical structures, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which, when properly designed, installed and maintained, will be effective to prevent or reduce the discharge of water or air pollution, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage associated with land disturbance activities regulated by this title.

“Car” means any vehicle meeting the definition for passenger car, bus, pickup truck, motorcycle, recreational vehicle, or motor home given in Chapter 10.01 of the Olathe Municipal Code.

“Certificate of Occupancy” means a document issued by the proper authority allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances of the City of Olathe.

“Certified professional in erosion and sediment control (CPESC)” means an individual who is currently holding such certification as issued by CPESC, Inc., or other person holding a State license authorizing them to prepare and submit an erosion and sediment control plan.

“Channel” means a watercourse of perceptible extent which periodically or continuously contains moving water or which forms a connecting link between two (2) bodies of water.

“City” means the City of Olathe, Kansas.

“City Engineer” means the City Engineer for the City of Olathe, Kansas, or duly designated representative.

“City Manager” means the City Manager for the City of Olathe, Kansas, or duly designated representative.

“City Planner” means the Chief Planning and Development Officer for the City of Olathe, Kansas, or duly designated representative.

“Clean Water Act” means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

“Code” means the Olathe Municipal Code.

“Dedication” or “dedicate” means the deliberate conveyance by a property owner or developer of private land for public use.

“Detention facility” or “detention facilities” means all structures designed, constructed, and maintained to control the peak rate of surface water runoff by utilizing temporary storage and a controlled rate of release. This may include, but not be limited to, the use of reservoirs, roof tops, parking areas, holding tanks, in-pipe and in-channel storage.

“Developer” means a person who engages in development of real estate, whether or not that person is the landowner.

“Development” means any manmade change to improved or unimproved real property including the construction or reconstruction of buildings or structures; paving, excavation, grading, filling or similar operations; or the filing and recording of a subdivision plat.

“Discharge” means the addition or introduction, directly or indirectly, of any pollutant, stormwater, or any other substance into the MS4 or surface waters.

“Domestic sewage” means human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, retail and commercial establishments, factories, and institutions, that is free from industrial waste.

“Erosion” means the wearing away of land by the action of wind, water, gravity or ice or a combination thereof.

“Erosion and sediment control plan” means a plan for the control of soil erosion and sedimentation resulting from land disturbing activity, and may include, without being limited to, the drawings, specifications, construction documents, schedules, or other related documents which establish the best management practices (BMPs) on a project. The plan must include any information required to review the design of the BMPs and to ensure proper installation, maintenance, inspection, and removal of the BMPs, along with the details required to construct any portion of the final storm sewer system that was impeded by a BMP.

“Erosion and sediment control standards” means the erosion and sediment control design criteria and specifications adopted in writing by the City Engineer.

“Extremely hazardous substance” means any substance listed in the appendices to 40 CFR Part 355, Emergency Planning and Notification.

“Fertilizers” means any substance or compound that contains a plant nutrient element in a form available to plants and is used primarily for its plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers.

“Floodplain” means a land area adjoining a river, stream, watercourse, or lake which is likely to be flooded in a one-hundred-year flood.

“Floodway” means the channel of a watercourse and the adjacent land area that must be reserved in order to discharge a one-hundred-year flood without cumulatively increasing the water surface elevation more than one (1) foot.

“Freeboard” means a factor of safety expressed as the difference in elevation between the top of the detention basin dam and the maximum design surface water elevation resulting from the storm for which the basin’s required storage volume was determined.

“Governing Body” means the City Council for the City of Olathe, Kansas.

“Hazardous household waste” (HHW) means any material generated in a household (including single and multiple residences) by a consumer which, except for the exclusion provided in 40 CFR Section 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261 or K.A.R 28-29-23b.

“Hazardous substance” means any substance listed in Table 302.4 of 40 CFR Part 302.

“Hazardous waste” means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

“Illicit discharge” means any discharge to the City’s municipal separate storm sewer system (MS4) that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit.

“Impervious cover” means those surfaces that cannot effectively infiltrate rainfall, including building rooftops, pavement, sidewalks, and driveways.

“Industrial waste” means any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business.

“Infiltration” means the process of percolating stormwater into the subsoil.

“Land disturbance” means any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.

“Land disturbance permit” means a permit issued by the City Engineer for land disturbance.

“Landowner” means the legal or beneficial owner or owners of a lot or tract. The holder of a contract to purchase or other person having an enforceable proprietary interest in a lot or tract is deemed a landowner.

“Maintenance agreement” means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

“Municipal separate storm sewer system” (MS4) means the system of conveyances (including roads with drainage systems, municipal streets, private streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

“NPDES” means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under Sections 307, 318, 402 and 405 of the federal Clean Water Act.

“NPDES permit” means, for the purpose of this title, a permit issued by United States Environmental Protection Agency (EPA) or the State of Kansas that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

“Off-site facility” means a detention facility and/or stormwater treatment facility located outside the subject property boundary described in the permit application for land development activity, including facilities that may accept runoff from multiple projects.

“Oil” means any kind of oil in any form, including but not limited to: petroleum, fuel oil, crude oil, synthetic oil, motor oil, biofuel, cooking oil, grease, sludge, oil refuse, and oil mixed with waste.

“One-hundred-year storm” means a rainstorm having a one percent (1%) chance of being equaled or exceeded in any given year.

“Ordinary high water mark” is the line on the shore established by the fluctuation of water indicated by a physical characteristic such as a clear natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, presence of litter or debris, or other appropriate means.

“Perennial vegetation” means grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years under the constraints of shade, temperature, and moisture that will be prevalent on the site. For the purposes of this title, annual grasses that do not regenerate after winter, ornamental plants or shrubs that do not offer effective erosion and sediment protection, and plants that are not suitable for the expected growing conditions on the site are not considered perennial vegetation.

“Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns, including all federal, State, and local governmental entities.

“Pesticide” means a substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest, or substances intended for use as a plant regulator, defoliant, or desiccant.

“Petroleum product” means a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle, boat or aircraft including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil and Numbers 1 and 2 diesel fuel.

“Planning Commission” means the Planning Commission for the City of Olathe, Kansas.

“Plat” means a legally recorded plan of a parcel of land showing the location and dimension of such features as streets, lots, easements, and other elements pertinent to a subdivision.

“Pollutant” means any substance or material which contaminates or adversely alters the physical, chemical or biological properties of the waters including changes in temperature, taste, odor, turbidity, or color of the water. Such substance or material may include, but is not limited to, dredged spoil, spoil waste, incinerator residue, sewage, pet and livestock waste, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, yard waste, hazardous household wastes, oil and petroleum products, used motor oil, antifreeze, litter, pesticides, and industrial, municipal, and agricultural waste discharged into water.

“Property owner” means the named property owner as indicated by the records of the Johnson County, Kansas, Records and Tax Administration.

“Recreational field” is a facility such as picnic area, playground, soccer, baseball, softball and football fields, excluding parking lots and paved facilities such as tennis and basketball courts.

“Redevelopment” means development on a tract of land with existing structures where all or most of the existing structures would be razed and a new structure or structures built.

“Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the MS4 and/or surface waters.

“Sanitary sewer” means the system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to a sewage treatment plant and to which stormwater, surface water, and groundwater are not intentionally admitted.

“Sediment” means any solid material, organic or inorganic, 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, ice or gravity as result of soil erosion. Sedimentation is the process by which eroded material is transported and deposited by the action of wind, water, ice or gravity.

“Septic tank waste” means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

“Sewage” means the domestic sewage and/or industrial waste that is discharged into the sanitary sewer system and passes through the sanitary sewer system to a sewage treatment plant for treatment.

“State” means the State of Kansas.

“Stop work order” means an order issued which requires that all construction activity on a site be stopped.

“Storm sewer system” means any conveyance or system of conveyances for stormwater, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, as well as any system that meets the definition of a municipal separate storm sewer system or “MS4” as defined by the Environmental Protection Agency in 40 CFR 122.26.

“Stormwater ” means stormwater runoff, snow melt runoff, and surface runoff and drainage.

“Stormwater runoff” means water resulting from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation and which flows over the surface.

“Stormwater treatment facility ” or “stormwater treatment facilities” means all structures, plantings, natural features, or other physical elements that are designed, constructed and maintained in accordance with this title and which are provided to prevent or reduce stormwater pollution.

“Stream” is a body of running water moving over the earth’s surface in a channel or bed, such as a creek, rivulet or river that flows at least part of the year. Streams are dynamic in nature and their structure is maintained through buildup and loss of sediment. Streams are typically formed by natural forces but also include drainage ways, outside of street rights-of-way, which were formed by man in the past. Storm sewer systems and roadside ditches in street rights-of-way are not considered streams.

“Stream corridor” is a stream and the adjacent land that is set aside in conformance to this title and which is substantially preserved in a natural state.

“Surface waters” means any body of water classified as “surface waters” by the State of Kansas, including streams, rivers, creeks, brooks, sloughs, draws, arroyos, canals, springs, seeps, cavern streams, alluvial aquifers associated with these surface waters, lakes, manmade reservoirs, oxbow lakes, ponds, and wetlands, as well as any other body of water classified by the federal government as a “water of the United States.”

“Ten-year storm” means a rainstorm with a ten percent (10%) chance of being equaled or exceeded in any given year.

“Tributary” or “tributary area” means all of the area contributing stormwater runoff to a given point.

“Twenty-five-year storm” means a rainstorm with a four percent (4%) chance of being equaled or exceeded in any given year.

“Unified Development Ordinance” (“UDO”) means the Unified Development Ordinance for the City of Olathe, Kansas, found in Title 18 of the Olathe Municipal Code.

“Waste” means any garbage, refuse, sludge or other discarded material which is abandoned or committed to treatment, storage or disposal, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial mining, community and agricultural activities. Waste does not include solid or dissolved materials in domestic sewage or irrigation return flows or solid or dissolved materials or industrial discharges which are point sources subject to permits under the State of Kansas. The federal definition of solid waste is found at 40 CFR 257.2.

“Water bodies” means surface waters including rivers, streams, lakes, ponds and wetlands, including all areas designated by the federal government as water of the United States.

“Water quality standard” means the law or regulation that consists of the beneficial designated use or uses of a water body, the numeric and narrative water quality criteria that are necessary to protect the use or uses of that particular water body, and an anti-degradation statement.

“Watercourse ” means any stream, creek, brook, branch, depression, reservoir, lake, pond, or drainageway in or into which stormwater runoff flows. It is a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

“Wet-bottom basin” means a stormwater storage area which is designed and maintained to contain water temporarily and to hold permanently an additional volume of water at a level below the discharge structure of the storage area. A wet-bottom basin must have a minimum surface area equal to five percent (5%) of the upstream watershed area, up to two hundred forty (240) acres, and a depth of not less than four (4) feet. (Ord. 22-52 § 1, 2022; Ord. 16-13 § 2, 2016; Ord. 09-25 § 2, 2009.)