Title 16 - Buildings and Construction

16.200 Erosion and Sediment Control

16.200.020  Definitions 

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein or as defined in Title 18:

  1. A.
    Best Management Practices, BMPs mean physical facilities, 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 associated with Land Disturbance activities regulated by this Ordinance.

Effective on: 1/1/1901

  1. B.
    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.

Effective on: 1/1/1901

  1. C.
    Code means the Overland Park Municipal Code.

Effective on: 1/1/1901

  1. D.
    Director means the Director of Planning and Development Services Department or the Director’s authorized representative.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

  1. F.
    Erosion and Sediment Control Plan, 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 shall 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.

Effective on: 1/1/1901

  1. G.
    Erosion and Sediment Control Standards, Standards means the Erosion and Sediment Control design criteria and specifications adopted in writing by the Director of Planning and Development Services Department.

Effective on: 1/1/1901

  1. H.
    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.

Effective on: 1/1/1901

  1. I.
    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 Ordinance, 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 shall not be considered Perennial Vegetation.

Effective on: 1/1/1901

  1. J.
    Permit means a Building Permit for construction of a building, Site Development Permit, Land Disturbance Permit, or Right of Way Permit.

Effective on: 1/1/1901

  1. K.
    Permit Holder means the owner or contractor who is issued a Permit pursuant to Title 18.  The Permit Holder may designate a separate contact person regarding field issues related to erosion and sediment control.

Effective on: 1/1/1901

  1. L.
    Person means any individual, business, partnership, corporation, association, organization or legal entity of any kind including governmental entities.

Effective on: 1/1/1901

  1. M.
    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.

Effective on: 1/1/1901

  1. N.
    Storm Sewer System means any conveyance or system of conveyances for Storm Water, including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made 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.

Effective on: 1/1/1901

  1. O.
    Storm Water means Storm Water runoff, snowmelt runoff, and surface runoff and drainage.

Effective on: 1/1/1901

  1. P.
    Water Bodies means surface waters including rivers, streams, lakes and wetlands, including all areas designated by the federal government as a water of the United States.

(History: Ord. BC-2523 §1, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901