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

“Active channel” means the area of the stream channel that is subject to frequent flows and that includes the portion of the channel below where the floodplain flattens.

“Best management practices (BMPs)” means conservation practices or management measures which control flooding, erosion and soil loss, and reduce water quality degradation caused by nutrients, animal wastes, toxins, sediment, and runoff.

“Buffer” means a vegetated area, including trees, shrubs, and herbaceous vegetation, which exists or is established to protect a stream system, lake, or reservoir.

“Development” means:

(1) The improvement of property for any purpose involving building; or

(2) The division or subdivision of a tract or parcel of land into two or more parcels; or

(3) The combining of any two or more lots, tracts, or parcels of property for any purpose; or

(4) The preparation of land for any of the above purposes; or

(5) The clearing of trees and vegetation and/or excavation or earthwork on a tract or parcel of land.

“GIS-based stream buffer shapefiles for the City of Topeka” means a shapefile developed using hydraulic modeling results and site-specific characteristics to determine the magnitude of stream setback limits using a process that evaluates the overall risk along the stream, direction of flow, and minimum bank offset. The science-based stream buffer highlights areas where bank failure is more likely to occur and where additional setback measures are needed to protect the integrity of the stream channel. This file shall be used to determine the stream buffer width for the outer area.

“Levee” means a manmade structure to control, divert, and contain stormwater runoff and flood flows.

“Native vegetation” means vegetation comprised of plant species that are indigenous to the area in question.

“Nonpoint source pollution” means pollution which is generated by various land use activities rather than from an identifiable or discrete source and is conveyed to waterways through natural processes such as rainfall, storm runoff, or groundwater seepage rather than direct discharge.

“Pollution” means any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, livestock, wild animals, birds, fish or other aquatic life.

“Streams” means perennial and intermittent watercourses identified through site inspection, drainage study, or United States Geological Survey (USGS) maps and further defined and categorized as follows:

(1) “Type I streams” are defined as perennial streams shown as solid blue lines on a United States Geological Survey seven-and-one-half-minute series topographical map.

(2) “Type II streams” are defined as intermittent streams shown as dashed blue lines on a United States Geological Survey seven-and-one-half-minute series topographical map.

(3) “Type III streams” are defined as waterways or dry channels that have a contributing drainage area of 40 acres or greater.

“Water pollution hazard” means a land use or activity that causes a relatively high risk of potential water pollution.

“Waterways” means natural or manmade lakes, channels, rivers, streams, and creeks, which store and/or convey stormwater runoff.

“Wetlands” means those areas not influenced by tidal fluctuations which are inundated or saturated by surface 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. (Ord. 20262 § 16, 10-6-20.)