FOR ORDINANCE NO. 080736
Adding a new Chapter 65, Code of
Ordinances, entitled Stream Buffers, by enacting new sections 65-01 through
ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That a new Chapter 65, Code of Ordinances of the
City of Kansas City, Missouri, entitled Stream Buffers, is hereby enacted, to
read as follows:
Chapter 65. STREAM BUFFERS.
In the Kansas City region and throughout the nation,
vegetated stream buffers have been clearly shown to protect stream stability
and related infrastructure, improve water quality, conserve wildlife habitat
and provide flood water conveyance. The stream buffer standards of this chapter
are intended to protect public safety and public infrastructure investments
while mitigating the adverse environmental impacts that development can have on
streams and associated natural resource areas. Other purposes of the stream
buffer regulations include:
protect life and property;
Improving stormwater management and helping to
Protecting environmental quality, including the quality of water resources and
(d) Decreasing infrastructure repair, maintenance and
(e) Providing open space amenities;
(f) Providing potential opportunities for trail location;
Increasing the publics knowledge and understanding of natural resource
protection issues and
(h) Providing certainty as well as flexibility in
order to maximize sustainable economic development.
65-02. Scope and applicability.
(a) The stream buffer standards of this chapter
apply to all stream corridors identified on the Kansas City
Natural Resource Map. In the event of conflict between the stream buffer
standards of this chapter the stream buffer provisions of the citys Standards,
Specifications and Design Criteria, the stream buffer standards of this
chapter govern. If an exception is obtained, the stream buffer provisions apply
to the relocated stream and mitigated natural resources. For the purpose of this chapter, storm sewer systems,
human-made channels (except those designed to function as natural streams) and
roadside ditches are not considered streams and are not subject to the stream
buffer provisions of this chapter.
(b) In the event
of conflict between the stream buffer regulations of this chapter and Federal
Aviation Administration (FAA) requirements, FAA requirements govern.
(c) The stream
buffer regulations of this chapter are not intended to prohibit maintenance of
existing city-owned facilities within the stream buffer, nor do the regulations
require the removal of lawfully established facilities or improvements from the
stream buffer area.
(d) Beginning February
14, 2009, the stream buffer regulations of this chapter will apply to all
applications for approval of preliminary plans, development plans, any other
plans provided for in the zoning ordinance, preliminary plats, final plats and
amendments to such plans or plats except as follows:
(1) If the city plan commission
has not recommended approval of a final plat for a unified development plan,
preliminary plan, development plan or preliminary plat that was approved before
January 1, 2003 (referred to as a pre-2003 approved plan), the regulations of
this chapter will not apply to any phases of the pre-2003 approved plan as long
as the city plan commission recommends approval of the first final plat within
one year of the date that the city planning and development director sends
certified mail notice of this requirement to the subject property owner.
(2) If the city plan commission
has recommended approval of a final plat for a pre-2003 approved plan before February
14, 2009, the regulations of this chapter will not apply to any phases of the
pre-2003 approved plan as long as the city plan commission recommends approval
of the next final plat for the pre-2003 approved plan by February 14, 2014.
(3) In all other cases where a
unified development plan, preliminary plan, development plan or preliminary
plat has been approved after January 1, 2003 and before February 14, 2009, the
regulations of this chapter will not apply to any phases of the unified development
plan, preliminary plan, development plan or preliminary plat as long as the
city plan commission recommends approval of the next final plat by February 14,
(4) If the requirements of (1)
through (3) have been met, the regulations of this chapter will not apply to
any phases of the unified development plan, preliminary plan, development plan
or preliminary plat as long as the city plan commission recommends approval of
each subsequent final plat within 3 years of the date that city plan commission
recommended approval of the immediately preceding final plat.
(5) The regulations of this
chapter will not apply to amended development plans or amended preliminary
plats if no significant changes are made. A significant change is any change
that: (1) adds additional land area to the approved plan; (2) changes the
overall land use in a way that would increase stormwater runoff volumes and
rates; (3) increases the number of lots by 10% or more (as compared to the
number of lots included in the originally approved plan/plat); or (4) increases
the developed area by 10% or more (as compared to the originally approved
(6) The regulations of this
chapter will not apply to amended development plans or amended preliminary
plats if the proposed changes to the development plan or preliminary plat are
not located in an area on the development plan or preliminary plat where the
buffer requirements would normally apply. If the proposed changes are located
in an area where the stream buffer requirements would normally apply, then the
amendment of that area on the plan/plat must comply with the regulations of
this chapter for the amended area only.
(e) The city planning and development director is
authorized to approve an extension of the time frames established in
65-02(d)(1) - (4) for a maximum of one year. Extension requests must be
submitted in writing and include an explanation and justification for the
(f) For purposes of this section, unified development
means a development consisting of one or more zoning or subdivision
applications that were approved by city council on or about the same date on
contiguous property through the same applicant. Additionally, for purposes of
this section, commercial and residential plans approved collectively as one
unified development (although approved through separate ordinances and plans)
will be construed to be a single approved preliminary plan or phase.
The following definitions apply to the provisions of this
(a) Best Management
Practices (BMP). Products, techniques, or methods that have been shown to
be the most reliable and effective way to minimize adverse impacts on natural
resources, particularly stormwater quality.
(b) Clearing. Any act
that removes vegetative cover, structures or surface material, including, but
not limited to, topsoil, root mat, or surface layer removal.
(c) Common Open Space. An
outdoor area designated and intended for the common use and enjoyment of
residents or occupants of the development or other members of the controlling
(d) Edge of Stream. The
limits of the stream when the discharge is equal to the 50% storm flow based on
rural conditions land use. Rural conditions land use flows can be estimated
from U.S. Geological Survey regression equations.
(e) Encroachment. A
temporary or permanent activity (such as clearing vegetation or constructing a
permanent improvement) that occurs within a stream setback zone that is
expressly prohibited within that zone by this Chapter. Mitigation activities
are not considered encroachment.
(f) Erosion. Process
by which the ground surface is worn away by the action of wind, water, ice,
gravity, or artificial means, and/or land disturbance.
(g) Manual Of Best
Management Practices For Stormwater Quality. Stormwater BMP planning and design
reference approved by the American Public Works Association and the Mid-America
Regional Council in September 2003, or the most current version adopted by the
(h) Mature Riparian
Vegetation. Vegetation adjacent to a stream consisting predominantly of
mature trees (10-inch diameter breast height or greater), where at least 50% of
the mature trees are of riparian or bottomland species as defined by The
Terrestrial Natural Communities of Missouri (Nelson 2006).
(i) Mature Vegetation.
Vegetation consisting predominantly of mature trees (10-inch diameter breast
height or greater).
(j) Natural Hazard Areas: Areas that potentially
pose a significant hazard to people or property, such as drainageways,
wetlands, and lands whose slope and/or soils make them particularly susceptible
to subsidence or erosion when disturbed by development activities.
(k) Riparian Vegetation.
Vegetation that exists within and is adapted to land adjacent to a water body
(stream, river, lake), as defined by The Terrestrial Natural Communities of
Missouri (Nelson 2006).
(l) Slope. The ratio
of vertical distance over horizontal distance.
(m) Stream. A body of
running water moving over the earths surface and flowing at least part of the
year, as designated on the Kansas City Natural Resource Protection Map. Storm
sewer systems, human-made channels (except those designed to function as
natural streams), and roadside ditches are not considered streams.
(n) Stream Buffer. Vegetated
area, including trees, shrubs, and herbaceous vegetation, that exists or is
established to protect a stream system, lake, or reservoir.
(o) Stream Channel. The
streambed and its banks.
(p) Stream Corridor. The
stream channel and adjacent floodplains, wetlands, slopes over 15%, and mature
(q) Unified Development.
A development consisting of one or more zoning or subdivision applications that
were approved by city council on or about the same date on contiguous property
through the same applicant.
(r) Wetlands. Areas
that are saturated or inundated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation adapted for life in saturated soil
65-04. Buffer zones.
Required stream buffer widths are measured horizontally
from the edge of stream. The overall required buffer is organized into 3 zones,
Zone. The streamside zone extends 25 feet landward from the edge of stream.
(b) Middle Zone. The middle zone extends
landward from the outer edge of the streamside zone and encompasses the FEMA-
or city-designated 1% (i.e., 100-year) floodplain where applicable, or the
limits of the 1% (i.e., 100-year) conveyance, as determined by a qualified
engineer using city-approved methods; and jurisdictional wetlands as determined
using U.S. Army Corps of Engineers delineation methods or other city-approved
means. Where wetland fills and mitigation are approved by the U.S. Army Corps
of Engineers, the middle zone will be adjusted to exclude filled wetlands and
include mitigated wetlands contiguous to the floodplain or flood conveyance.
Zone. The outer zone extends landward 75 feet from the outer edge of the
middle zone. When slopes exceeding 15% or mature riparian vegetation areas are
contiguous with the middle zone boundary, the width of the outer zone is
expanded to encompass such resource areas. Mature riparian vegetation
includes vegetation areas that are field-surveyed, as described in 65-08(d).
The maximum extent of the outer zone is established, at the landowners
election, as follows:
(1) If 100% of the outer zone area is set aside and
protected as permanent open space, the maximum extent of the outer zone is 150
feet, as measured from the edge of the middle zone.
(2) If portions of the outer zone are to be developed
pursuant to the Open Space and Conservation Development option in 80-209 and
Sec. 65-06(c)(2) through Sec. 65-06(c)(4) and Sec. 65-08(c)(1), the maximum
extent of the outer zone is 250 feet.
(a) The stream
buffer regulations of this chapter have the effect of limiting development near
streams identified on the Kansas City Natural Resource Map.
(b) To help offset potential adverse impacts on development
yields for property near stream corridors, property owners are encouraged to
use the open space development and conservation development options of the
Development Code (Sections 80-209-01 through 80-209-06 of zoning
ordinance) for residential development.
65-06. Allowed use of buffer zones.
must be managed to enhance and maximize their natural resource value.
Management includes specific limitations on alteration of the natural
conditions of these resources. The following practices and activities are
allowed within stream buffers.
(1) Activity in the streamside zone is limited to vegetation
management to maintain healthy, existing, native vegetation; streambank
stabilization; road, trail, and utility crossings and stormwater outfalls
designed in accordance with the citys Standards, Specifications and Design
Criteria. Stream access for fishing and wildlife viewing and trail overlook
areas are allowed if they are in compliance with the citys Standards,
Specifications and Design Criteria and maintain the integrity of the stream
(2) Trails may encroach into the streamside zone only if
approved as an administrative adjustment by the director of city planning and
development. Administrative adjustments for (paved or unpaved) trail
encroachments into the streamside zone may be approved only if the city
planning and development director determines that alternative alignments are
not feasible because of topography, the presence of existing structures such as
bridges or flood control levees, the inability to acquire property to
accommodate other trail alignments, or that the trail represents the termini of
existing trails and trail rights-of-way. Streambanks and natural resource areas
affected by allowed encroachments must be stabilized in accordance with the
citys Standards, Specifications and Design Criteria, and natural
resources must be mitigated in accordance with 65-08(c).
(3) This subsection does not apply to public utility or
trail corridors when ownership, an easement, or a binding access agreement is
secured prior to February 14, 2009.
Zone. Any activity allowed in the streamside zone is allowed in the middle
zone. The following additional uses and activities are also allowed in the
(1) Underground utility corridors that are fully vegetated
and designed in accordance with the citys Standards, Specifications and
Design Criteria and all applicable state and federal requirements; and
(2) Paved and unpaved recreational trails for hiking and
Zone. Any activity allowed in the streamside and middle zones is allowed in
the outer zone. The following additional uses and activities are also allowed
in the outer zone:
(1) BMPs as outlined in the Manual of Best Management
Practices for Stormwater Quality and used in conjunction with the citys Standards,
Specifications and Design Criteria. BMPs and related activities include:
a. Stormwater management;
b. BMP maintenance such as sediment removal and harvesting
of vegetation; and
c. stormwater discharge with appropriate energy dissipation
and native vegetation to preserve the integrity of the area.
(2) Property owners who elect to establish the maximum outer
zone width in accordance with Sec. 65-04(c)(2) may develop, in the outer zone,
subject to the following standards:
a. no more than 40% of the outer zone area may be disturbed
(i.e., cleared of mature riparian vegetation and/or graded) unless mitigation
is provided in accordance with 65-08(c); and
b. no more than 50% of the outer zone area may be disturbed
where mitigation is provided in accordance with 65-08(c).
(3) Areas required to be undisturbed within the outer zone may
not contain permanent buildings, structures, impervious cover or active
recreation facilities, such as golf courses or athletic fields.
(4) Property owners who elect to establish the
maximum outer zone width in accordance with Sec.65-04(c)(2) may also elect to
use the conservation development option of the Zoning Ordinance for residential
development within the outer zone. In such cases, they may elect to establish a
conservation subdivision for the entire development site or confine the
conservation subdivision to the outer zone area only. When a conservation
subdivision is confined to the outer zone area, minimum conservation
subdivision open space requirements apply only to the outer zone area.
(5) For nonresidential development that includes protected
stream corridors, building heights may be increased by up to 20% over otherwise
applicable height limits, and minimum off-street parking ratios may be reduced
by up to 20%.
(d) All Stream Buffer Zones. In addition to
the activities expressly allowed in the streamside, middle and outer stream
buffer zones pursuant to 65-06(a), 65-06(b) and 65-06(c), the following uses
and activities are allowed in all stream buffer zones provided that mature riparian
vegetation is disturbed as little as is reasonably practical:
(1) Existing and on-going
agricultural activities (except in the streamside zone);
(2) Maintenance/repair of public
rights-of-way, streets, and public structures;
(3) Site investigation work
including surveys, soil logs, percolation tests, and special tests;
(4) Reconstruction, remodeling, or
maintenance of existing structures as long as these activities do not expand
into and/or adversely impact the buffers;
(5) Control of noxious and/or
(6) Emergency actions necessary to
prevent dangers to public health or safety, environmental degradation, or
public and private property; and
(7) Open space uses that protect
natural resources such as wildlife sanctuaries, forest preserves, nature
centers, picnic areas, and similar uses, as well as game farms, fish
hatcheries, hunting or fishing preserves or other activities designed for the
protection or propagation of wildlife.
65-07. Prohibited activities and uses.
Any activity or
use that is not identified as being allowed within required stream buffers is
prohibited. Streams regulated by this chapter may not be enclosed, relocated,
dammed or inundated unless all necessary city, state and federal approvals are
65-08. Additional standards.
following additional standards apply within stream buffers.
(a) Continuous Vegetation. When
existing vegetation within stream buffers is disturbed, required buffers
must be revegetated with appropriate native riparian vegetation.
Discharge. Direct stormwater discharge into stream channels is allowed only
in accordance with the citys Standards, Specifications and Design Criteria.
(1) Property owners who elect to establish the
maximum outer zone width in accordance with Sec. 65-04(c)(2) may exceed the 40%
disturbance limit established in 65-06(c)(2)a. by an additional 10%, up to 50%.
This additional disturbance is allowed if an equal or greater land area is
added to the outer zone to mitigate the additional allowed (10%) disturbance
and if the applicant mitigates the impacts by maintaining natural resource
functions, including base flood elevations and stream stability and
geomorphology, and by replacing existing mature riparian vegetation with an
equivalent amount of appropriate native riparian
(2) Mitigation areas become part
of the propertys permanent open space and must be:
a. contiguous to the original
b. permanently stabilized where slopes greater
than 15% are present;
c. revegetated in accordance with 65-08(a);
d. established and maintained in accordance with the provisions
of this chapter and Chapter 80;
e. designed, established, and maintained in accordance with
the citys Standards, Specifications and Design Criteria and applicable
state and federal laws and regulations; and
f. completed during the
development phase in which disturbance occurs, if applicable.
The mitigation standards of this section also apply whenever an exception
to stream buffer standards is approved.
(d) Buffer Plan.
A stream buffer plan must be provided when the stream buffer standards
apply. The plan must delineate the buffer zones and the proposed development
site in relation to:
a. the FEMA- or city-designated
floodplain or the estimated 1% flood conveyance, as determined by a qualified
engineer using city-approved methods;
b. wetlands within or adjacent to
the floodplain or required stream buffer;
c. slopes in excess of 15% within
or adjacent to the floodplain, as field-surveyed; and
d. mature riparian vegetation,
including woodlands, wetlands, and other habitat areas identified by a field
(2) A preliminary buffer plan must be
submitted for city review with preliminary plats and preliminary plans, and
with any other plans provided for in the zoning ordinance. The preliminary
buffer plan must include a plan at a scale no smaller than 1=100 showing at a
a. existing topography with at
least 2-foot contour intervals;
b. approximate stream locations
based on approved city geographic information system mapping or city-approved
mapping from state and federal agencies;
c. approximate boundary of the
FEMA- or city-designated floodplain based on city approved geographic
information system mapping or federal mapping;
d. approximate 1% flood conveyance
limits where no regulatory floodplain is identified as determined by a
qualified engineer using city-approved methods;
e. approximate wetland locations
from the Mid-America Regional Council Natural Resource Inventory, or the
U.S. Fish and Wildlife Service National Wetlands Inventory;
f. approximate boundary of
existing, mature riparian vegetation based on a field survey;
g. slopes of 15% or greater in
each sub-drainage area based on city-approved geographic information system
mapping or a site topographic survey;
h. the location of proposed
structures or activities;
i. identification of required
stream buffer zones based on city-approved geographic information system
mapping or a site topographic survey and a survey of mature riparian
j. the total acreage of mature
riparian vegetation and steep slopes in the outer zone;
k. the location and total acreage
of proposed clearing and grading in the outer zone and the percentage of
proposed outer zone area to be cleared (if applicable in accordance with Sec.
l. the limits and total acreage
of proposed mitigation of outer zone vegetation, and the percentage of outer
zone area to be mitigated (if applicable in accordance with Sec. 65-08(c)).
(3) The final buffer plan must be
submitted for city review with or be included in final plats and final plans.
(The requirements for final plans are in the zoning ordinance.) The final
buffer plan must include a plan at a scale not smaller than 1=100 showing at
a. existing topography with at least 2-foot
b. field delineated, marked, and surveyed
streams and wetlands;
c. field delineated, marked, and
surveyed mature riparian vegetation limits as described in 65-08(d)(4);
d. existing sub-drainage areas of
e. slopes of 15% or greater in
each sub-drainage area based on a site topographic survey;
f. the location of proposed
structures or activities;
g. the location of field
delineated and surveyed stream buffer zones;
h. the total acreage of mature
riparian vegetation and steep slopes in the outer zone;
i. the location and total
acreage of proposed clearing and grading in the outer zone, and the percentage
of proposed outer zone area to be cleared (if applicable in accordance with
Sec. 65-04(c)); and
j. the limits and total acreage
of proposed mitigation of outer zone vegetation and the percentage of outer
zone area to be mitigated (if applicable in accordance with Sec. 65-0 8(c)).
Field surveys of mature riparian vegetation must identify the limits of
the mature riparian vegetation for inclusion with the preliminary and
final buffer plans, to a maximum of 250 feet from the edge of the middle zone
or 150 feet from the edge of the middle zone at the property owners election
pursuant to Sec. 65-04(c). At a minimum, a licensed
surveyor, professional engineer or landscape architect must delineate the existing
edge of the tree canopy. The survey must identify the critical root zone of all
trees at the mapped canopy cover boundary with a diameter breast height (DBH)
of 10 inches or greater. The surveyor may identify specific tree species to
more accurately delineate the riparian vegetation boundary if the mature
vegetation appears to extend into uplands. The riparian boundary is assumed to
exist when less than 50% of the mature trees (10-inch DBH or greater) are of
riparian or bottomland species as defined by The Terrestrial Natural
Communities of Missouri (Nelson 2006) and approved by the city. The
surveyor must delineate the canopy cover boundary of the mature riparian tree
(e) Boundary Markers.
Boundary markers must be put in place clearly marking required stream
buffers before, during and after construction.
(2) Boundary markers must be
installed at the intersection of private lot lines with the outer edge of the
permanent open space before receiving final city approval of plans for
clearing, grading, or sediment and erosion control.
(3) Construction fencing must be
placed at the outer edge of the permanent open space in the outer zone to
delineate the buffer. This fencing must be maintained throughout the
(4) Permanent signs must be placed
at the edge of the permanent open space after construction to denote the buffer
a. For single-lot developments,
signs must be posted every 100 feet along the boundary of the permanent open
b. For multiple lots located
along a buffer, signs must be located at the intersection of every other lot
line along the boundary of the permanent open space.
c. The sign face shall be two square feet in area.
d. Required signs must read: Protected
Stream Buffer Do Not Disturb, with the sign message located approximately 4
feet above the ground. No other message shall be on the sign.
Signs must be maintained and remain legible at all times.
65-09. Administration and procedures.
(a) Enforcement. The Director of City
Planning and Development shall be responsible for enforcement of this Chapter.
(b) Review for Compliance. Review for compliance
with these standards will be conducted in conjunction with platting (Chapter
66) or preliminary or final plan review (Chapter 80).
Exceptions to any of the standards of this chapter may be approved by the
city council, after review and recommendation of the City Plan Commission,
subject to all applicable city, state and federal regulations, and subject to
the provisions of this section. When exceptions are approved, applicants must
mitigate impacts in accordance with the mitigation standards in 65-08(c).
Notice will be provided of the hearings held by the City Plan Commission and
the City Council on the exception request in accordance with Sections 80-330
and 80-335 of the zoning ordinance.
(1) The city council may approve an
exception if it finds that a property that is subject to this Chapter is of
such size or shape or is subject to or is affected by such topographical
conditions, or is to be devoted to such uses that full compliance with this
Chapter is impossible or impractical and that the exception is necessary so
that substantial justice may be done and the public interest secured. In order
to approve an exception request, the city council must also determine that
adequate measures will be put in place to protect the integrity of the stream
buffer that includes appropriate mitigation of disturbed natural resources.
(2) Exceptions must be identified on the preliminary plat or
(3) To recommend or approve an exception, the city plan
commission and city council must determine that all of the following conditions
a. that there are special circumstances or conditions affecting
b. that the exception is necessary for reasonable and acceptable
development of the property in question and is not a greater exception than is
required to allow reasonable and acceptable development of the subject
c. that the granting of the exception will not be detrimental to
the public welfare or injurious to other property in the vicinity in which the
subject property is situated.
(4) Applicants for an exception must submit a stream buffer
exception application and mitigation plan, including any planned mitigation
measures, to the city planning and development department. The exception
application and/or mitigation plan must include the following:
a. a written description of the requested exception and the
special circumstances or conditions affecting the property that warrant an
exception under (1) and (3) above;
b. a description of all measures taken to
avoid or otherwise minimize encroachment into the buffer zone (beyond the
extent of encroachment allowed by 65-06(c)(2));
c. proposed mitigation for any encroachment; and
d. a preliminary buffer plan, as required by 65-08(d) that
clearly displays the location and total acreage of proposed clearing and grading,
and the percentage of outer zone area proposed to be cleared. The buffer plan
must also include the limits and total acreage of proposed mitigation, and
ratio of proposed mitigation to cleared area.
(5) The department must review the plan for compliance with
the stream buffer regulations of this chapter and recommend that the exception
request be approved, approved with conditions, or denied. An exception may be
recommended for approval when the city planning and development director
determines that an exception is warranted, under the provisions of this
section, and when the integrity of the stream corridor will be protected
through avoidance, minimization and appropriate mitigation measures.
(6) Disturbed natural resources must also be mitigated in
conjunction with 65-08(c). Any additional mitigation beyond that allowed in
65-08(c) must comply with the following criteria. Revegetation or restoration of any portion of the original disturbance counts toward
the required mitigation.
a. Mitigation of outer zone
vegetation that is contiguous to the remaining outer zone vegetation must be
provided at a ratio of 1.5 units of mitigation area to 1 unit of existing outer
b. Mitigation of outer zone
vegetation that is not contiguous to the remaining outer zone vegetation but is
along the same stream reach must be provided at a ratio of 2 to 1.
c. Mitigation of outer zone
vegetation that is not located along the same stream reach, but is provided
within the same watershed, must be provided at a ratio of 2.5 to 1.
d. Mitigation of outer zone
vegetation that is not located in the same watershed must be provided at a
ratio of 3 to 1.
e. In all cases, a continuous outer
zone vegetation connection of at least 25 feet must be maintained to avoid
fragmenting the vegetated area.
f. Encroachment into the middle
or streamside zones or alteration of the stream channel must be mitigated at a
ratio of 4 to 1.
g. The city planning and
development director may approve mitigation at city designated locations in
lieu of locations owned or controlled by the applicant.
(7) Utilities may encroach into
the streamside zone only when available system connection points physically
preclude an alignment farther from the edge of stream, or, in the case of
sanitary and storm sewers, when the controlling elevations provide insufficient
head for normal system function. Streambanks and natural resource areas
affected by allowed encroachments must be stabilized in accordance with the
citys Standards, Specifications and Design Criteria, and natural
resources must be mitigated in accordance with 65-08(c) and 65-09(c)(6).
Revisions. The city planning and development director is authorized to
maintain and periodically update the Kansas City Natural Resource Map to
ensure its accuracy. Map updates that add stream reaches or otherwise have the
affect of expanding the land area affected by the stream buffer regulations of
this chapter must be noticed in the same manner as zoning map amendments (See
Development Code/Zoning Ordinance).
65-010. Ownership and responsibility for stream buffers.
must be established and recorded by the developer or property owner. Particular
zones may be established and protected by different methods. One or more of the
following methods must be used to provide for the preservation of the stream
buffer in perpetuity:
(a) Drainage or conservation easements;
(b) Inclusion in a developments common area through
a restrictive covenant involving both the city and the property owners
(c) Dedication to the city with the citys
Required stream buffers must be accessible to the directors
of city planning and development and public works and their designees to
facilitate inspection, construction, maintenance and other activities related
to the stream and public infrastructure in the buffer area.
Approved as to form:
M. Margaret Sheahan Moran
Assistant City Attorney