Title 16 - Buildings and Construction

16.200.010 Purpose of Ordinance

The purpose of this Ordinance is to set forth procedures for controlling erosion and sedimentation caused by Land Disturbance activities, thereby providing for the protection and enhancement of the water quality of watercourses, Water Bodies, and wetlands.

(History: Ord. BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.020  Definitions 

For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein or as defined in Title 18:

16.200.030  Administration

1. A.
   Authority.  The Director shall be responsible for the administration and enforcement of this Ordinance.  The Director shall have the authority to adopt regulations, policies and procedures as necessary for the enforcement of this Ordinance.  The Director may waive the requirements for maps, plans, reports or drawings, if the Director finds that the information otherwise submitted or to be submitted will be sufficient to show that the proposed work will conform to the requirements of this Ordinance.
2. B.
   Right of Entry.  Whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this Ordinance, the Director is authorized to enter the premises at reasonable times to inspect or to perform the duties imposed by this Ordinance.  If entry is refused, the Director shall have recourse to the remedies provided by law to secure entry. 
3. C.
   Erosion and Sediment Control Standards.  The Director shall adopt and maintain Erosion and Sediment Control Standards to assist in the administration of this Ordinance.  The Erosion and Sediment Control Standards shall be based on, but not limited to, the following principles:

   1. 1.
      Fit the development to existing site conditions.
   2. 2.
      Minimize the extent of exposure.
   3. 3.
      Minimize duration of exposure.
   4. 4.
      Break work activities into phases when possible.
   5. 5.
      When possible, protect disturbed areas from any unnecessary run-on of stormwater from adjacent sites, at least during the construction period.
   6. 6.
      Stabilize disturbed areas.
   7. 7.
      Keep runoff velocities low.
   8. 8.
      Retain Sediment on the site.
   9. 9.
      Inspect and maintain control measures.
   10. 10.
       Use performance measures and outcomes.
   11. 11.
       Timely employment and maintenance of all measures.
4. D.
   Time Requirement.  Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other soil disturbing activities have permanently ceased on any portion of the site, or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days.  The disturbed areas shall be protected from Erosion by stabilizing the area with mulch or other similarly effective soil stabilizing BMPs.  Initial stabilization activities must be completed within 14 days after soil disturbing activities cease.

    

   Disturbed areas that exhibit ice, frozen soil conditions, or have a consistent snow cover extending across 70 percent or more of the area are considered to be temporarily stabilized until thawing occurs across the affected area. Stabilization of such iced, frozen or snow covered areas must be completed within 14 days following the first subsequent inspection required under Part 16.200.060 C. of this ordinance that finds the affected area thawed and no longer stabilized due to ice, frozen soil conditions or snow cover.
5. When construction activities on steep slopes (slopes of forty percent (40%) or greater) cannot be avoided, immediately initiate placement of appropriate Erosion control BMPs in any exposed steep slope areas where construction activities have permanently or temporarily ceased, and will not resume for a period exceeding seven (7) calendar days.
6. F.
   Other Pollutants.  In addition to Sediment, the Erosion and Sediment Control Plan shall provide for the control of other pollutants related to the Land Disturbance activity that might cause an adverse impact to water quality, including, but not limited to, discarded building materials, concrete truck washout, fuel, hydraulic fluids, chemicals, litter, and sanitary wastes.

(History: Ord. BC-3214 §1, 2018; BC-3089 §1, 2015; BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.040  General Provisions

1. A.
   Any Person undertaking Land Disturbance activities, including the clearing, grading, excavating, filling, storing, and disposing of soil and earth materials, shall comply with the requirements and standards set forth in this Chapter of the Code.  Permit requirements for Land Disturbance activities are described in Title 18 of the Code.
2. B.
   Applicability.  Regardless of whether or not a Land Disturbance activity requires a Permit, any Person engaged in any Land Disturbance activity shall comply with the spirit and intent of this Ordinance.  At a minimum, such Persons shall employ BMP methods for Erosion and Sediment Control in proportion to the scale of the activity to reduce the amount of Sediment or other pollutants in stormwater discharges associated with those activities. 
3. C.
   Responsible Person(s).  The responsible Person(s) are the owner of the property upon which a Land Disturbance takes place and any person(s) performing a Land Disturbance activity.  When a Land Disturbance Permit or Site Development Permit is issued, an owner is responsible for Land Disturbance activities from Permit issuance to closure, unless the City approves a transfer of responsibility to a new owner when land is sold.  When Land Disturbance is authorized through the issuance of a Permit pursuant to the Building Code, the owner remains responsible until that Permit is closed and any open Land Disturbance Permits on the same property are closed.  Title 18 of the Code governs closure of the Permits.

(History: Ord. BC-2523 §2, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.050  Erosion and Sediment Control Plans

1. A.
   Erosion and Sediment Control Plan.  All proposed Land Disturbance activity that requires a Permit in accordance with Title 18 of the Code shall be depicted on a site-specific Erosion and Sediment Control Plan.  Land Disturbance activities that do not require a Permit in accordance with Title 18 of the Code are required to employ applicable BMPs included in standard details provided by the City.  The Erosion and Sediment Control Plan shall be submitted to the Director for review.  The Plan shall include, at a minimum, the following information:

   1. 1.
      Proposed site map.
   2. 2.
      Areas to be disturbed.
   3. 3.
      Proposed Erosion and Sediment Control BMPs to be employed.
   4. 4.
      Phasing of Erosion and Sediment Control measures.
   5. 5.
      Final stabilization plan for each phase.
   6. 6.
      Details and specifications for any sections of the final storm sewer system that must be constructed after the removal of BMPs such as temporary sediment basins.
   7. 7.
      Work schedule.
   8. 8.
      Maintenance and inspection requirements.

1.   
   The Director may require any additional information or data deemed appropriate to ensure compliance with the intent, purpose and provisions of this Section of the Code.

2. B.
   Review and Approval of Erosion and Sediment Control Plans.  The Erosion and Sediment Control Plan shall be of sufficient clarity to indicate the location, manner, nature and extent of the work proposed.  The Plan shall clearly show that the proposed work will conform to the provisions of this Code, the Erosion and Sediment Control Standards, and other relevant laws, ordinances, policies, rules and regulations as determined by the Director.  The Director shall review the submitted documents to determine compliance with the Erosion and Sediment Control Standards. If the Director finds that the Plan is in compliance, the Applicant shall be advised that they may request a Permit.  If the Director finds that the Plan is not in compliance, the Director shall advise the Applicant which elements of the Plan are not in compliance. 
3. C.
   Preparation of Plans.  Erosion and Sediment Control Plans submitted to the City for review must be prepared under the supervision of and sealed by a licensed professional engineer or landscape architect or by a Certified Professional in Erosion and Sediment Control (CPESC).  The engineer or landscape architect must be licensed to practice in the State of Kansas.  The Director may waive this Plan preparation requirement if the Applicant's Plan consists entirely of utilizing standard plans and specifications as adopted in the City's Erosion and Sediment Control Standards. 
4. D.
   Amended Plans.  Work shall be installed and maintained in accordance with the approved Plan.  Changes made during construction that are not in compliance with the approved Plan shall be resubmitted for approval as an amended set of construction documents.  Minor modifications of the approved Plan may be authorized by the Director without formal review provided those modifications are consistent with the Erosion and Sediment Control Standards and standard industry practice.

(History: Ord. BC-3214 §2, 2018; BC-2523 §3, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.060 Inspection

1. A.
   Initial Inspection.  The Permit Holder shall notify the Director when initial Erosion and Sediment Control measures are installed in accordance with the Erosion and Sediment Control Plan.  No Land Disturbance activities shall begin prior to approval from the Director that all pre-construction Erosion and Sediment Control measures are correctly installed per the approved Plan.
2. B.
   Maintenance of Control Measures.  All prescribed Erosion and Sediment Control measures shall be maintained in good order and in compliance with the Erosion and Sediment Control Plan at all times.
3. C.
   Routine Inspection.  The Permit Holder shall ensure the entire construction site including but not limited to disturbed areas, BMPs, waste and construction storage areas, drainage areas, locations where stormwater can flow from the construction site, and permanent and temporarily stabilized areas is inspected on a regular schedule and, with the exception of Saturdays, Sundays, established Federal Holidays and the day after Thanksgiving, by the end of the next day following a rain event which results in a rainfall total of 0.5 inches or greater as defined in the latest revision of Kansas Construction Stormwater General Permit No. S-MCST-1703-1.  The frequency of regular inspections should be proportional to the amount of construction activity.  The Permit Holder should increase the frequency of inspections when construction activity increases.  Regularly scheduled inspections shall at a minimum be once every 14 days.  For disturbed areas that have not been finally stabilized all installed BMPs and other pollution control measures shall be inspected for proper installation, operation and maintenance.  Locations where stormwater runoff leaves the site shall be inspected for evidence of erosion or sediment deposition.  Any deficiencies shall be noted in a report of the inspection and corrected within seven (7) calendar days of the inspection. Inspection reports shall be submitted to the Director upon request.  The inspection report shall include the following minimum information:

   1. 1.
      Inspectors name.
   2. 2.
      Date of inspection.
   3. 3.
      Observations relative to the effectiveness of the BMPs.
   4. 4.
      Actions taken or necessary to correct deficiencies.
   5. 5.
      Listing of areas where construction operations have permanently or temporarily stopped.
   6. 6.
      Observations of stormwater discharge locations with respect to the effectiveness of the upgradient BMPs.

1.   
   The inspection report shall be completed within 24 hours of the inspection and be signed by the Person performing the inspection.
2.   
   The Director may also perform inspections of the Land Disturbance site to verify compliance with the Erosion and Sediment Control Plan.  Should it be found that Erosion and control methods are ineffective or are not being maintained properly, the Director may take enforcement actions described within this Chapter.

4. D.
   Closure of Land Disturbance Activities.  Once the site is stabilized a final inspection shall be requested.  The site shall be considered stabilized when Perennial Vegetation, pavement, buildings or structures using permanent materials, cover all areas that have been disturbed.  Perennial Vegetation shall be considered established and completed for stabilization when it has established a healthy and growing stand with a density of at least 70 percent (70%) of undisturbed areas at the site.
5. E.
   Removal of Temporary Erosion and Sediment Control Measures.  Subsequent to a satisfactory final inspection of the Land Disturbance, all temporary Erosion and Sediment Control measures must be removed and the final segments of the storm sewer system shall be constructed in the manner described within the approved plans.  Such removal shall be complete prior to closure of the Permit which authorized the Land Disturbance.

(History: Ord. BC-3214 §3, 2018; BC-3089 §2, 2015; BC-2523 §4, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.070 Enforcement

1. A.
   In General.  The Director shall handle enforcement of the provisions of this Chapter through routine activities that include receiving inspection reports from the Permit Holder when requested, inspections, and communication with contractors.  However, if these methods fail, the Director may proceed with any or all of the following enforcement measures:

   1. 1.
      Refusal of Inspection.  Request for an inspection of any permitted construction activity may be denied if it is found that Erosion and Sediment control measures have not been implemented, or are found to be ineffective or are not maintained.  If an inspection is refused, a notice of violation or a stop work order may be issued.  No further inspections will be performed until the Erosion and control measures have been implemented or violations of Chapter 16.200 or Title 18 abated.
   2. 2.
      Notice of Violation.  The Director is authorized to serve a Notice of Violation or order on any Person found to be doing work in violation of the provisions of Chapter 16.200 or Title 18 of the Code.  Such order shall direct the discontinuance of the illegal action or condition and order the abatement of the violation by the responsible Person.
   3. 3.
      Stop Work Order.  The Director is authorized to issue a stop work order for any or all construction activity within the established boundary of the Permit.  The stop work order shall be in writing and shall be given to the owner of the property involved, or the owner’s agent or to the Person doing the work.  In addition, notice of the stop work order shall be posted on the site.  Upon issuance of a stop work order, the cited work shall immediately cease.  The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.  Any Person who shall continue to work after having been served with a stop work order, except such work as that Person is directed by the City to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed herein.
   4. 4.
      Abatement.  Should any Person fail to comply with the provisions of this Chapter, the Director is authorized to correct or abate such violation.  This action can be taken in lieu of, or in conjunction with, any action taken under O.P.M.C. Section 1.12.010, or enforcement actions set forth in this Chapter.

      1. a.
         City expenditures to correct or abate a violation shall be assessed as a fee against the Land Disturbance, Site Development, Building Permit or any other Permit issued for work at the same site.  The City will keep a record of the abatement costs.  The fee shall be paid prior to recommencement of work on the site and prior to any further inspections.  If the fee is not paid within 30 days of the date the invoice is sent to the Permit Holder, the Director is authorized, as the Director deems appropriate, to expend additional abatement funds to provide permanent soil stabilization on the site.  Such additional expenditures shall also be assessed as a fee against the Land Disturbance, Site Development, Building Permit, or other Permit issued for work on the same site.
      2. b.
         Should the Permit become suspended, revoked, or expired with the fee not paid, all City expenditures to correct or abate the violation may be assessed as a lien and special assessment against the lot or parcel of land on which the permitted activity took place.  The same abatement and collection procedure shall apply if work is done without the issuance of a Permit.  The City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.
2. B.
   Abatement Funds.  Prior to approval of Land Disturbance Permits (LDP) or Site Development Permits (SDP) that authorize the disturbance of one (1) acre or more of land, the Director shall require surety in the form of a cash deposit or letter of credit, approved by the City, to be used to offset the costs of abatement of erosion and sediment caused by the land disturbance, including removal of the temporary BMPs and where applicable, their replacement by the final segments of the storm sewer system.  The surety amount, established and reviewed annually by the Director, shall be based on the estimated cost to the City of providing temporary Erosion control and establishing Perennial Vegetation on typical project sites and may be increased to include costs associated with removing temporary BMPs and constructing the final segments of the storm sewer system.  The surety amount will be proportioned based on the acreage of the site.  If the surety is furnished in the form of a letter of credit, the amount shall equal the surety amount or five thousand dollars ($5,000), whichever is greater.  Amounts not used for abatement shall be returned to the Permit Holder after final inspection and approval to close the Permit.
   
   The Director may waive surety requirements when projects have building construction activities in conjunction with land disturbance activities, provided all of the following conditions are met:

   1. 1.
      The City has accepted an application for a building permit for construction of a building on the same lot.  The LDP or SDP may include work on property contiguous with the building lot, provided all property is under the same ownership.
   2. 2.
      All buildings and property will remain under a single ownership until closure of the LDP or SDP.  If requested by the City, the applicant must submit a written certification verifying this condition.
   3. 3.
      Applications for all Building Permits, SDP or LDP are made by same party.

1.   
   When a surety is waived, enforcement action for erosion and sediment control violations may be taken against the Building Permit holder.

3. C.
   Violations and penalties.

   1. 1.
      Any Person who violates a provision of this Ordinance, fails to comply with any of the requirements thereof or fails to comply with a directive issued by the Director is guilty of a public offense and shall be subject to penalties as provided in Overland Park Municipal Code Section 1.12.010.
   2. 2.
      The Director shall be permitted to cite the owner, or any/all Persons identified on a Permit as being legally responsible to the City for any violations of the Ordinance pertaining to that Permit.  

(History: Ord. BC-2523 §5, 2005; BC-2419 §1, 2003)

Effective on: 1/1/1901

16.200.075 Variances

1. A.
   Any variance of the provisions in this Chapter shall be submitted to and approved by the Governing Body.
2. B.
   The Director may grant a variance to the Erosion and Sediment Control Standards which have been adopted by the Director provided all of the following conditions are met:

   1. 1.
      The variance complies with the general spirit and intent of the Erosion and Sediment Control Standards.
   2. 2.
      The granting of the variance will not adversely affect the rights of adjacent landowners.
   3. 3.
      The granting of the variance will not result in substantial public expense, create nuisances, cause fraud on or cause harm to the public or conflict with existing local, federal or state laws, rules or regulations.
   4. 4.
      The variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
3. C.
   Appeals of decisions made by the Director related to Erosion and Sediment Control Standards shall be made to the Governing Body.

(History: Ord. BC-2700 §1, 2008)

Effective on: 1/1/1901

16.200.080 Miscellaneous

1. A.
   Other Laws.  Neither this Ordinance nor any administrative decision made under it exempts the Permit Holder or any other Person from other requirements of this Code, state and federal laws, or from procuring other required Permits, including any state or federal stormwater Permits authorized under the National Pollutant Discharge Elimination System (NPDES), or limits the right of any Person to maintain, at any time, any appropriate action at law or in equity, for relief or damages against the Permit Holder or any Person arising from the activity regulated by this Ordinance.
2. B.
   Disclaimer of Liability. The performance standards and design criteria set forth herein establish minimum requirements, which must be implemented with good engineering practice and workmanship.  Use of the requirements contained herein shall not constitute a representation, guarantee or warranty of any kind by the City, or its officers and employees, of the adequacy or safety of any best management practice or use of land, nor shall the approval and issuance of a Permit imply that land uses permitted will be free from damages caused by Storm Water.  The degree of protection required by these regulations is considered reasonable for regulatory purposes and is based on historical records and engineering and scientific methods of study.  Larger storms may occur or Storm Water runoff heights may be increased by man-made or natural causes.  These regulations therefore shall not create liability on the part of the City or any officer with respect to any legislative or administrative decision lawfully made hereunder.
3. C.
   Severability.  If any section, subsection, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. 
4. D.
   Effective Date.  The provisions of this Chapter shall apply to all Land Disturbance activities that take place on or after March 10, 2003

(History: Ord. BC-2419 §1, 2003)

Effective on: 1/1/1901