As used in this Chapter, the following terms shall have the
following meanings:
Any stream channel, its adjacent stream buffer as determined by the provisions of Section 455.040 of the Unified Development Code, and any and all native vegetation or natural areas within the stream buffer.
Includes native plantings that are planted in natural areas
whether occurring naturally or installed by man. The owner shall install
signs in designated areas indicating the area that is protected by
this Section.
Includes all land within a greenway that is within the floodplain,
the stream buffer, or the stream channel.
It shall be unlawful for any person, other than those whose
obligation it is to maintain a greenway, to mow native vegetation
and natural areas designated within the greenway, except as permitted
in the stream buffer maintenance plan approved with the final plat
for the property.
A.
It shall be unlawful for any person, other than those whose obligation
it is to maintain a greenway or those persons with written permission
of the property owner responsible for ensuring such maintenance, to
perform or authorize to be performed the following activities in native
vegetation/natural areas designated in greenways:
1.
Clear cut, selectively cut, burn or remove trees or other vegetation;
2.
Apply or store fertilizers, pesticides, herbicides and/or other
chemicals;
3.
Grading, stripping of topsoil, plowing or cultivating;
4.
House, graze or otherwise maintain animals;
5.
Remove or otherwise disturb vegetation in a manner that is inconsistent
with erosion control and buffer protection measures prescribed by
the latest revision of the Kansas City APWA Best Management Practices
Manual.
A.
It shall be unlawful for any person, other than those whose obligation
it is to maintain a greenway or those persons with written permission
of the property owner responsible for such maintenance, to perform
or authorize to be performed the following activities in native/natural
areas designated in greenways:
1.
Add soil or other materials to fill areas;
2.
Dump trash, grass clippings or other non-native materials;
3.
Construct drains, ditches or other drainage systems to drain
the buffer area;
4.
Construct stormwater drainage systems from private property
that drain into natural areas, except those designed prior to final
plat approval.
A.
It shall be unlawful for any person, other than those whose obligation
it is to maintain a greenway or those persons with written permission
of the property owner responsible for such maintenance, to perform
or authorize to be performed the following activities in native vegetation/natural
areas designated in greenways:
1.
Operate motor vehicles;
2.
Construct any permanent structures including, but not limited
to, storage buildings, fences, roads, driveways and fire pits;
3.
Store hazardous or noxious materials;
4.
Store any personal property including, but not limited to, lawn
ornaments, wood piles, play sets, trampolines and other recreational
amenities.
The property owner shall not be held liable for injuries or
damage incurred by any individuals or groups operating equipment in
greenways for a purpose in violation with this Chapter.
A.
The following structures, practices and activities are permitted
in the greenways and natural areas with specific design or maintenance
features, subject to the review and approval of the City:
1.
Activities for the purpose of building one (1) of the following:
a.
A stream crossing by a driveway, transportation route or utility
line;
b.
Public water supply intake or public wastewater outfall structures;
c.
Public access facilities that must be on the water including
boat ramps, docks, foot trails leading directly to a waterway, fishing
platforms and overlooks;
d.
Paved foot trails and paths;
e.
Activities to restore and enhance stream bank stability, vegetation,
water quality and/or aquatic habitat, so long as native vegetation
and bioengineering techniques are used.
2.
Crossings for roads, bridges and utilities:
a.
The right-of-way should be the minimum width needed to allow
for maintenance access and installation.
b.
The angle of the crossing shall be as close as perpendicular
to the stream or buffer as is practicable to minimize clearing requirements.
c.
The minimum number of road crossings should be used within each
subdivision and no more than one (1) crossing is allowed for every
one thousand (1,000) feet of buffer.
3.
Public sewer line easements paralleling a waterway, except that
all easements (permanent and construction) and land disturbance should
be at least twenty-five (25) feet from the top of the bank. This includes
such impervious cover as is necessary for the operation and maintenance
of the utility including, but not limited to, manholes, vents and
valve structures.
4.
Within an easement of any utility existing at the time this
Chapter takes effect or approved under the terms of this Chapter,
land disturbance activities and such impervious cover as is necessary
for the operation and maintenance of the utility including, but not
limited to, manholes, vents and valve structures.
5.
Emergency work necessary to preserve life or property. However,
when emergency work is performed under this Section, the person performing
it shall report such work to the Public Works Director on the next
business day after commencement of the work. Within ten (10) days
thereafter, the person shall apply for a permit and perform such work
within such time period as may be determined by the Public Works Director
to be reasonably necessary to correct any impairment such emergency
work may have caused to the water conveyance capacity, stability or
water quality of the protection area.
6.
Placement of structures for the control and monitoring of water
quality and water quantity within a stream buffer as required by the
City.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code.
