Title 18 - Unified Development Ordinance

18.365.090 Maintenance of the Stream Corridor.

1. A.
   Allowed maintenance (as approved and specified in the Maintenance Agreement):

   1. 1.
      Removal of dead trees/brush and trash.
   2. 2.
      Removal of debris that could cause flooding.
   3. 3.
      Selective tree trimming or tree removal to mitigate safety hazards or that could cause flooding.
   4. 4.
      Selective (spot) chemical spraying for noxious weeds.
   5. 5.
      Cutting or mowing of non-woody vegetation or other management practices shown to enhance natural conditions when completed as part of an approved Stream Corridor Maintenance Agreement, or when approved by the Director.
   6. 6.
      Maintenance of all City-approved improvements.
   7. 7.
      Maintenance of City-approved bank stabilization measures.
2. B.
   Prohibited Maintenance

   1. 1.
      Cutting or mowing of non-woody vegetation outside of approved recreational use areas, unless such mowing is part of an approved Stream Corridor Maintenance Agreement, or is approved by the Director.
   2. 2.
      Non-selective chemical spraying.
3. C.
   Required Maintenance:
   Maintenance of stream corridors shall comply with all other applicable City property maintenance codes, except Section 18.365.090 B shall take precedence over other City codes.
4. D.
   Stream Corridor Maintenance Agreement

   When a stream corridor is to be dedicated, a Stream Corridor Maintenance Agreement shall be submitted with all final plan and final plat applications; be approved by the City prior to the City approving final plans or final plats; and then recorded with the Johnson County Records and Tax Administration concurrent or prior to recording the final plat.

   At a minimum, the Maintenance Agreement should:

   1. 1.
      Identify the responsible party for maintaining the stream corridor, or segment thereof, the boundaries of which are identified as an attachment to the Maintenance Agreement.
   2. 2.
      Establish the minimum frequency and levels of maintenance to be done.
   3. 3.
      Establish the frequency of inspection.
   4. 4.
      Identify resources available to provide maintenance.
   5. 5.
      Identify prohibited practices and Homes Association’s enforcement process for restoration.
   6. 6.
      Identify City’s rights in the event that the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement.
   7. 7.
      Clarify how modifications or additions can be made to the Maintenance Agreement.
   8. 8.
      Be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain the stream corridor if the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement.
5. E.
   Plat Notice

   All subdivision final plats with a Stream Corridor shall include a notice on the face of the plat regarding the Stream Corridor Maintenance Agreement. The notice shall be substantially as set forth below:

   Notice: This subdivision’s home owners (business) association is responsible for perpetual maintenance of a protected Stream Corridor, as defined and regulated in 18.365 of the Overland Park Municipal Code. This property is also subject to the obligations and requirements of a Stream Corridor Maintenance Agreement approved by the City and recorded with the Johnson County Records and Tax Administration. Restrictions on the use or alteration of the Stream Corridor apply.

6. F.
   Home Owners or Business Association

   The owner or developer shall form a home owners or business association prior to the sale of any lots or recording the final plat. At a minimum the covenants and restrictions shall:

   1. 1.
      Establish covenants that include the provisions of the approved Stream Corridor Maintenance Agreement.
   2. 2.
      Place responsibility for permanent maintenance of the Stream Corridor with the association.
   3. 3.
      Grant authority to the home owners or business association to enter the stream corridor to fully perform all obligations pursuant to the Stream Corridor Maintenance Agreement.
   4. 4.
      Grant the City’s rights in the event that the responsible party fails or is unable to perform any of the obligations in the maintenance agreement.
   5. 5.
      Record the required deed restrictions with the Johnson County Records and Tax Administration concurrent or prior to recording the final plat.

(History: Ord. ZRR-2892 §1, 2011; ZRR-2838 §2, 2009; ZRR-2675 §11, 2008; ZRR-2382 §1, 2002)

Effective on: 1/1/1901