§ 88-415-08. ADMINISTRATION AND PROCEDURES

88-415-08-A. REVIEW FOR COMPLIANCE

Review for compliance with these standards will be conducted in conjunction with platting. Developments that are not subject to platting, will be subject to site or development plan review, which must be conducted prior to application for a building permit.

88-415-08-B. EXCEPTIONS

Exceptions to the stream buffer standards of this section may be approved by the city council subject to all applicable city, state, and federal regulations. When exceptions are approved, applicants must mitigate impacts in accordance with the mitigation standards 88-415-07-C.

1.

In order to approve an exception request, the city council must find that strict application of one or more stream buffer standards would result in an unnecessary hardship for the subject property and that such unnecessary hardship is unique to the subject property and not generally applicable to other similarly situated property. In order to approve the 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.

Applicants must submit a stream buffer exception application and mitigation plan to the city planning and development department. The exception application and/or mitigation plan must include the following:

(a)

a written description of the perceived hardship;

(b)

a description of all measures taken to avoid or otherwise minimize encroachment into the buffer zone (beyond the extent of encroachment allowed by 88-415-05-C.2);

(c)

proposed mitigation for any encroachment, as required by 88-415-08-B.4; and

(d)

a preliminary buffer plan, as required by 88-415-07-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.

3.

The department must review the plan for compliance with the stream buffer regulations of this article 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 a bona fide hardship exists and when the integrity of the stream corridor will be protected through avoidance, minimization, and appropriate mitigation measures.

4.

Disturbed natural resources must also be mitigated in conjunction with 88-415-07-C. Any additional mitigation beyond that allowed in 88-415-07-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 zone area.

(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.

5.

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 city's Standards, Specifications, and Design Criteria, and natural resources must be mitigated in accordance with 88-415-07-C and 88-415-08-B.4.

88-415-08-C. MAP 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 article must be noticed in the same manner as zoning map amendments (See 88-515-04).