“Applicant” means any person in the Upper Cedar Creek Drainage Area who makes an application for a connection permit to connect to the sanitary sewer system.

“Area or Upper Cedar Creek Drainage Area” means that area within the City limits of the City of Olathe and outside of the City limits that will be served by the main trunk sewer line and appurtenances thereto, which is described on the Legal Description attached hereto and incorporated herein by reference as Exhibit No. 1 and which is shown on the Map attached hereto and incorporated herein by reference as Exhibit No. 2. To the extent of any conflict between the Map and the Legal Description, the Legal Description shall control.

The area includes all properties which can be served by the sanitary sewer system, including properties presently outside of the City limits. Connections to the sanitary sewer system by Applicants outside of the City limits shall be permitted only upon or after annexation of such property to the City.

“Community Development Building Code Division of Johnson County, Kansas” means the agency granted responsibility by the City of Olathe, pursuant to an Intergovernmental Agreement, to act as the regulatory and enforcement agency for private sewage disposal systems in the City of Olathe.

“Connection permit” means the permit required for connection to the City’s sanitary sewer system, which requires the payment of a “tap fee” as set forth in City of Olathe Municipal Code.

“Extra capacity facilities” means improvements to the City-wide sanitary sewer system that provide increased capacity to serve new or expanded development and which facilities are financed by a System Development Charge (see Olathe Municipal Code Chapter 13.26).

“Fee or Upper Cedar Creek Sanitary Sewer Buy-In Connection Fee” means the fee imposed on applicants for development within the Area which represents a monetary exaction calculated on a pro-rata basis, by acreage, to be paid for connection to the area sanitary sewer system so as to defray the costs, including principal and interest associated with constructing the sanitary sewer system. The fee is in addition and supplemental to all other fees and charges otherwise imposed on Applicants, including but not limited to building permit fees, fees for a certificate of occupancy, tap fees and system development charges, each of which is for a different service.

“Holding tank” means a watertight receptacle for the retention of sewage either before, during or after treatment.

“Kansas Department of Health and Environment (KDHE)” means the State agency which administers the Kansas Water Pollution Control Revolving Fund (KWPCRF).

“Laterals” means sanitary sewer lines emanating from a main trunk sewer line and providing service to subareas within a drainage area.

“Person” means an individual, joint tenants, tenants in common, partnership, corporation or any other legal entity which owns property in the Area.

“Private sewage disposal system” means any soil absorption system or evapotranspiration system used for the collection and disposal of domestic sewage from an individual establishment.

“Project No. 14394c” means the project to design, engineer and construct the Main Trunk Sewer line, force main and pump station necessary to provide sanitary sewer service to the Upper Cedar Creek Drainage Area.

“Revolving fund loan” means the Kansas Water Pollution Control Revolving Fund (KWPCRF) loan for the Upper Cedar Creek Main Sewers (Project No. 14394C).

“Sanitary sewer system or upper cedar creek sanitary sewer system” means the main trunk sewer line, force main, pump station and appurtenant facilities (including planning, design, engineering, land acquisition, right-of-way acquisition and other costs directly related to the provision of these facilities) necessary to extend the sanitary sewer system to the area, but excluding “extra capacity facilities” and laterals.

“Septic tank” means a watertight, accessible covered receptacle designed and constructed to receive and to process sewage through settling of solids and digestion of accumulated solids by aerobic action.

“Tap fee” means the nominal fee charged by the City to reflect the cost incurred by the City for inspection of an applicant’s actual connection to City sewer lines. (Ord. 94-71 § 1, 1994.)