§ 8-612. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved plan means drawings or other documents that have been submitted by an applicant as a prerequisite to obtaining a land disturbance permit and that contain the information and specifications required by the unified government engineer to minimize off-site sedimentation from land disturbance activities and that have been approved by the unified government as complying with the provisions of this article.

Applicant means any person who makes application for a land disturbance permit, as required by this article.

Clearing means any act by which vegetative cover, structures or surface material is removed, including, but not limited to, root mat or topsoil removal.

County administrator means the individual appointed by the mayor/CEO of the unified government as the unified government county administrator or his designee.

Design criteria means the erosion and sediment control design criteria adopted in writing, as authorized by section 8-613(a)(2).

Erosion means the process by which the ground surface is worn away by the action of the wind, water, ice, gravity, or artificial means, and/or land disturbance activities.

Grading means any act by which soil is cleared, stripped, moved, leveled, stockpiled, or any combination thereof, and includes the conditions that result from that act.

Land disturbance activity means any act by which soil is moved and land changed that may result in erosion or the movement of sediments, and may include tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.

Licensed land surveyor means an individual who is duly licensed by the state board of technical professions, pursuant to K.S.A. 74-7001 et seq., to practice surveying.

Maximum extent practicable means the result of the use of those best management which, based on sound engineering and hydro-geological principles, will, to the greatest degree possible, given all relevant considerations, including technology, climate and site conditions, prohibit erosion and sedimentation during and after development.

Notice to comply means a written notice from the unified government engineer of deficiencies in the sediment and erosion control management of the site.

Notice of default means a written notice from the unified government engineer warning of further enforcement action including creation of lien or revocation of permit.

Permit means the land disturbance permit issued by the unified government authorizing land disturbance activities in accordance with the requirements of this article.

Permittee means any person to whom a land disturbance permit is issued pursuant to this article.

Permittee's agent means any representative, contractor, foreman, or superintendent who acts at the instruction of, or with the permission of, or to the benefit of the permittee.

Person means any natural or corporate person, business association or business entity including, but not limited to, a corporation, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any combination thereof.

Pollution prevention plan means BMPs and other structural, procedural and operations and maintenance provisions designed and operated to reduce or eliminate the discharge of pollutants, particularly in stormwater runoff.

Professional engineer means an engineer duly licensed by the state board of technical professions, pursuant to K.S.A. 74-7001 et seq., to practice engineering.

Property owner means the person listed as owner of the property by the county recorder of deeds.

Qualified erosion control professional means a natural person with at least one of the following qualifications:

(1)

A certified professional in erosion and sediment control, certified by CPESC, Inc.

(2)

A professional engineer who has received a minimum of 12 hours' classroom instruction in sediment and erosion control taught by a certified professional erosion control specialist.

(3)

A landscape architect duly licensed by the state board of technical professions to practice landscape architecture who has received a minimum of 12 hours' classroom instruction in sediment and erosion control taught by a certified professional erosion control specialist.

Sediment means soils or other materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

Site means any lot or parcel of land or a series of lots or parcels of land adjoining or contiguous or joined together under one ownership on which land disturbance activity is proposed in an application or which would require a land disturbance permit under this article.

Slope means the inclined surface of a fill, excavation, or natural terrain.

Soil means a natural mixture of mineral and organic particles bound to one another only by gravity or ionic bonds that is found on the immediate surface of the earth.

Storm drain means any enclosed structure for the conveyance of storm water runoff, including culverts, box culverts, storm sewer mains, or tunnels.

Stripping means any activity by which the vegetative cover is removed or significantly disturbed, including tree removal, clearing, grubbing and storage, or removal of topsoil.

Unified government engineer means the individual appointed by the county administrator as unified government engineer or his designee.

Vegetative cover means any grasses, shrubs, trees and other vegetation that hold and stabilize soils.

Watercourse means any natural or artificial path for the concentrated flow of storm water or surface water, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, swales, waterways, gullies, ravines, or washes, including any area adjacent to it that is subject to overflow of floodwater.

(Ord. No. O-125-06, § 1(8-612), 12-14-2006; Ord. No. O-27-14, § 1, 4-10-2014)