Title 16 - Buildings and Construction

16.210.010  Purpose and Findings.

1. A.
   The purpose of this Act is to minimize and prevent the discharge of pollutants from developed land into the surface waters of the City by establishing reasonable requirements for the treatment of stormwater runoff from new development and redevelopment activities.
2. B.
   The Governing Body finds that land development and the associated increases in impervious cover can increase the quantity and nature of pollutants carried by stormwater runoff, increase stormwater runoff rates and volumes, aggravate stream channel erosion and sediment transport, alter the hydrologic response of watersheds, and degrade the ecological function of downstream rivers, creeks, streams, lakes and other water bodies.
3. C.
   Further, the Governing Body finds that stormwater treatment facilities and requirements can minimize those impacts by reducing pollutant levels carried in stormwater runoff, removing or reducing the concentrations of those pollutants that are carried, reducing stream bank erosion, and by restoring stormwater runoff rates and volumes to levels closer to the pre-development hydrologic regimes.

(History: Ord. SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.020  Definitions.

For the purposes of this Chapter, these words and phrases shall have the following meaning:

16.210.030  Applicability.

No land shall be developed without full compliance with this Chapter unless Development occurs as allowed by the following exceptions:

1. A.
   Standard Exceptions:  Projects meeting any of the following criteria are exempt from the provisions of this Chapter:

   1. 1.
      Land Disturbances of less than one acre that are not part of a common plan for Development that will cumulatively disturb more than one acre.
   2. 2.
      Expansions and modifications to Previously Constructed Developments otherwise subject to this Chapter where the proposed increase in impervious surface is less than 5,000 square feet.  This exception shall not apply to multiple applications in the approval process and/or under construction at the same time that cumulatively exceed 5,000 square feet of impervious surface.
   3. 3.
      Land Disturbances for utility construction.
   4. 4.
      Agricultural land uses.
   5. 5.
      Single lot residential Developments that are not part of a larger common plan for Development.
   6. 6.
      Repairs to any Stormwater management Facility or practice deemed necessary by the Director of Public Works.
   7. 7.
      Required Rezoning and Special Use Permits to allow a specific use with no physical changes proposed to the approved Preliminary Development Plan.
2. B.
   City Administered Street Construction:  Street and thoroughfare construction projects administered and constructed directly by the City shall comply with this Ordinance, except that compliance is not required for street and thoroughfare construction:  (1) that would be exempt under the standard exceptions in Section 16.210.030A of this Chapter; and (2) that will maintain, enhance, or reconstruct existing roadways, including the intersection improvements, turn lane additions, safety improvements, or new entrances, but which will not add additional through lanes.
   
   Unless subject to another agreement, Stormwater Treatment Facilities installed as part of City administered projects are owned and maintained by the City.
   
   The City does not assert jurisdiction under this Ordinance over any construction work on State of Kansas right-of-way.
3. C.
   Previously Approved Development Plans:  Projects having a preliminary Development plan (including preliminary plans approved with an accompanying rezoning or special use permit), preliminary plat, or site plan (for conventional zoning districts only) that had a final approval by the Governing Body, the Planning Commission, or the Planning and Development Services Department prior to adoption of this Ordinance are exempt from the provisions of this Chapter.  “Substantial or Significant Changes” to Development plans after June 1, 2009, must comply with this Ordinance in the same manner as a new Development.
   
   “Substantial or Significant Changes” shall mean any of the following criteria:

   1. 1.
      Increases in the density or intensity of residential uses of more than five percent (5%) when the increase creates additional impervious surface (typically horizontal in nature).
   2. 2.
      Increases in the total floor area of all nonresidential buildings covered by the plan of more than ten percent (10%) when the increase creates additional impervious surface (typically horizontal in nature).
   3. 3.
      Increase in lot coverage of more than five percent (5%).
   4. 4.
      Changes in ownership patterns or stages of construction that will lead to a different Development concept.
   5. 5.
      Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
   6. 6.
      Decreases of any peripheral setback of more than five percent (5%).
   7. 7.
      Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
   8. 8.
      Modification or removal of conditions or stipulations to the preliminary Development plan approval.
   9. 9.
      For any Developments proposed in the RP-OE, RP-OS, or PRN zoning districts, any change in the specified use or maintenance of any designated open space lands.
   10. 10.
       For any Developments proposed in the PRN, any changes in the type of dwelling units or style of dwelling units proposed to be constructed in a particular area or block.
4. D.
   Infill and Redevelopment Projects:  Substantial or Significant Changes to approved Development plans after June 1, 2009, are subject to the provisions as required under Section 16.210.030 C of this Chapter.

(History: Ord. SWT-2900 §2, 2011; SWT-2855 §1, 2010; SWT-2801 §1, 2009; SWT-2780 §1, 2008; SWT-2747 §1, 2008; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.040  Performance Criteria.

1. A.
   Stormwater Treatment Standards (Standards):  The Director shall adopt and maintain Stormwater Treatment Standards to implement and interpret the provisions of this Ordinance.  The latest edition of the Mid-America Regional Council and American Public Works Association Manual of Best Management Practices for Stormwater Quality (MARC BMP Manual), and all appendices, shall be the basis of these Standards.  Included in the Standards shall be additional technical guidance or exceptions to the MARC BMP Manual which have been adopted by the Director.  The additional guidance or exceptions may include, but not be limited to, modified best management practices, design criteria, construction specifications, or standard details.  Copies of all adopted standards shall be on file and available in the Planning and Development Services Department.  The Standards adopted by the Director shall be effective upon approval of the Governing Body after having received recommendations of the Public Works and Community Development Committees.
2. B.
   Modifications to Standards:  The Standards shall be adopted and amended by the Director following a public input process.  The public input process shall include the following minimum steps: 1) posting proposed documents in draft form a minimum of 30 days prior to the Director holding a public informational meeting; and 2) extending a written comment period for a minimum of 30 days after the public informational meeting.  A new public input process is not required for revisions to the proposed draft documents if the Standards are adopted by the Director within 180 days of the public informational meeting.
3. C.
   Minimum Control Requirements:  All stormwater treatment facilities shall be designed to provide a combination of pollutant removal and water volume control that satisfies the level of service and value rating calculations set forth in the Stormwater Treatment Standards and other requirements established by City approved watershed management plans or studies.
4. D.
   Non-Structural Stormwater Practices:  Non-structural stormwater treatment practices are encouraged to minimize the reliance on structural practices.  Applicants wishing to obtain credit for using non-structural practices must ensure that these practices are documented and will remain unaltered by subsequent property owners by locating the facility in a conservation easement, separate tract dedicated for stormwater treatment facilities or similar instrument as approved by the Director.
5. E.
   Infill and Redevelopment Projects:  The Standards may modify or reduce requirements on infill and redevelopment projects.
6. F.
   Modifications to Allow Alternate Compliance:  In addition, the Director may waive or modify any of the Stormwater Treatment Standards to encourage the implementation of alternative or innovative practices that implement the intent of the modified standards and provide equivalent public benefits without significant adverse impacts on surrounding  developments.  Such modifications may be granted for issues including, but not limited to:

   1. 1.
      Approval of alternate materials, devices, techniques, details or specifications for individual treatment facilities that would be expected to provide similar or better performance.
   2. 2.
      Evaluations of credits, ratings, or level of service calculations to account for unique or special technical considerations.
   3. 3.
      Corrections, clarifications or modifications to requirements which the Director has found to give inadequate or undesirable performance.
7. G.
   Appeals of decisions made by the Director related to the Standards shall be made to the Governing Body.

(History: Ord. SWT-2807 §2, 2009; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.050  Site Location and Placement.

The location of Stormwater Treatment Facilities shall be consistent with their function while also conforming to the uses and constraints of the site.  The Facility locations shall be approved by the Director, and ownership and maintenance responsibility established.  At a minimum, all Stormwater Treatment Facilities will be shown on final construction plans and in the maintenance plan. 

1. A.
   Centralized and Common Stormwater Treatment Facilities:  Centralized and common Facilities for Stormwater management shall be shown on preliminary and final plans.  The perimeter of the Facility shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement.  Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 16.210.100.
2. B.
   Distributed Stormwater Treatment Facilities:  Distributed Stormwater Treatment Facilities shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement.  Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 16.210.100.
3. C.
   Residential Single-Family and Two-Family Areas: Generally, Stormwater Treatment Facilities for residential single-family and two-family Developments shall be centralized and located on a common tract, to be owned and maintained by a homes association.
   
   The Director may allow a limited number of distributed Facilities on individual residential tracts, provided the applicant demonstrates that substantial provisions are in place to ensure long-term operation, maintenance and inspection of such Facilities without undue burden to the City for tracking or monitoring compliance.
4. D.
   Private Facilities in the Public Street Right-of-Way:  Privately owned and operated Stormwater Treatment Facilities shall be located outside of the public street right-of-way unless approved in writing by the Director of Public Works and a corresponding right-of-way Maintenance Agreement shall be recorded that provides for private maintenance responsibility in the public street right-of-way.
5. E.
   Coordination with Utility Easements:  Stormwater Treatment Facilities shall not be co-located within utility easements unless approved by the Director.
6. F.
   Detention Ponds:  When detention facilities for peak flood control are required under the provisions of 15.10 of the Code, such basins may be co-located with Stormwater Treatment Facilities, provided that the Facilities are designed to meet the requirements of both uses.
7. G.
   Off-site Facilities:  The Director may consider proposals to manage Stormwater runoff in Off-site Facilities that treat runoff from the proposed Development and comply with the Stormwater Treatment Standards.  The Off-site Facility shall be in place prior to or concurrently with the proposed Development.  Long-term operations and maintenance responsibilities for the Facilities must be established by legal agreements, approved by the City and recorded with Johnson County Records and Tax Administration.
8. H.
   Existing stream corridors as required in 18.365 of the Code are considered a beneficial Stormwater Treatment Facility, therefore credit will be granted by the Stormwater Treatment Standards.  In limited circumstances, which are specifically included in the Stormwater Treatment Standards, the outer one-third (1/3) of the designated stream corridor may incorporate additional features which enhance the corridor’s Stormwater treatment function.  Such Facilities must be consistent with the long-term integrity of the stream corridor as a natural, riparian zone.

(History: Ord. SWT-2900 §3, 2011; SWT-2807 §3, 2009; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.060 Deviation.

1. A.
   The Planning Commission or Governing Body may, in the process of approving preliminary plats, final plats, preliminary Development plans, final Development plans, special use permits, or rezonings, approve deviations from the specific terms of this Ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship for the Applicant, and provided that the spirit of this Ordinance shall be observed, the public safety and welfare secured and substantial justice done for the Applicants.
2. B.
   An application for a deviation may only be granted upon a finding that all of the following conditions have been met:

   1. 1.
      That the granting of the deviation will not adversely affect the rights of adjacent Landowners.
   2. 2.
      That the strict application of the provisions of this Ordinance would constitute unnecessary hardship upon the Landowner represented in the application.
   3. 3.
      That the deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
   4. 4.
      That granting the deviation will comply with the general spirit and intent of this Ordinance.
   5. 5.
      That it has been determined the granting of a deviation will not result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local, federal, or state laws.

1.   
   Upon consideration of the factors listed above and the purposes of this Ordinance, the City may attach such conditions to the granting of deviations as it deems necessary to further the purpose of this Chapter.

3. C.
   In considering deviation applications, the City has the discretion of using any or all of the following project evaluations when, in the judgment of the Planning Commission or Governing Body, these evaluations are relevant and appropriate.  No individual or combination of evaluations are necessarily required for an application to be approved and the Planning Commission or Governing Body may weigh these evaluations in light of all relevant considerations in determining whether or not to approve an application.

   1. 1.
      That alternative standards for Stormwater management, water quality protection, and ecological preservation have been established, and/or that mitigation measures are undertaken.
   2. 2.
      That existing physical or natural characteristics of the site make strict application of the Ordinance infeasible.
   3. 3.
      That concerns for flooding, stream bank erosion, stream instability, and maintenance of culverts, bridges or other structures are addressed.
   4. 4.
      That the deviation is the minimum necessary to afford relief.
4. D.
   For City administered street construction, a request for deviation will be initiated and recommended by the Director of Public Works and must be approved by the Governing Body.  The City may consider, as part of a deviation request, the constraints posed by lack of available right-of-way, interaction with previously planned or approved Stormwater drainage systems, and the nature of surrounding land uses.

(History: Ord. SWT-2900 §4, 2011; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.070  Stormwater Management Plan Requirements.

1. A.
   Preliminary Stormwater Management Plan Requirements:  No application for development shall be accepted unless it includes a preliminary stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed.  This plan must be prepared by a registered professional engineer in the State of Kansas and must show whether stormwater will be managed on-site or off-site, and show the general location and type of practices.
   
   The preliminary stormwater management plan must include: conceptual stormwater management plans, sufficient information to evaluate the existing environmental characteristics of the project site, impacts of the proposed development, preliminary sizing for stormwater treatment facilities, and locations of any proposed access easements or conservation easements, and a description of the maintenance responsibility for proposed stormwater treatment facilities.  The Director may set additional minimum submittal requirements. 
2. B.
   Final Stormwater Management Plan Requirements:  Unless waived by the Director, the applicant shall obtain City approval for the final stormwater management plan prior to obtaining a permit.  The final stormwater management plan, in addition to the information from the preliminary stormwater management plan, shall include all of the information required in the Standards and any other submittal requirements as determined by the Director.
3. C.
   Landscaping and Stabilization Requirements: The landscape plan for permitting purposes shall include all of the following:

   1. 1.
      Vegetative stabilization and management techniques to be used at a site after construction is completed.
   2. 2.
      An explanation of how the site will be stabilized after construction.
   3. 3.
      Identify the responsible party for the maintenance of vegetation at the site.
   4. 4.
      Identify the practices that will be employed to ensure adequate vegetative cover is preserved.
   5. 5.
      The design is prepared by a registered landscape architect in the State of Kansas.
   6. 6.
       The design is approved prior to receiving a permit to construct the stormwater treatment facility.

(History: Ord. SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.080  Permit Procedures, Requirements, and Performance Surety.

1. A.
   Permit Required:  No person shall receive any permits for building, grading or other land Development without meeting the requirements of this Ordinance.  Generally, permits for Stormwater Treatment Facility construction will be completed under the authorization of a building, site Development, or land disturbance permit.  Application requirements and procedures are described in Title 18 of the Code.
2. B.
   Construction Plan Requirements:  The Director shall have the authority to set minimum construction plan submittal requirements by written policy or checklist.
3. C.
   Performance Surety Required:  The Director shall require the submittal of a performance surety in the form of an irrevocable letter of credit or cash deposit.  If a letter of credit is provided, it shall be on the form as prescribed by the Director.  The amount of the performance surety shall be 1.25 times the total construction cost of the Stormwater Treatment Facility as estimated by the project designer and approved by the Director. 
   
   Performance Surety Waiver for Single Lot Developments:  If Stormwater Treatment Facilities only serve a single building lot and a building is being constructed, a performance surety may be waived by the Director provided all Stormwater Treatment Facilities are constructed and certified prior to issuance of a Certificate of Occupancy.  When seasonal or environmental conditions cause a delay in constructing the Stormwater Treatment Facilities, the Director may approve issuing a Certificate of Occupancy provided a performance surety is posted in accordance with this Section.
4. D.
   Release of Performance Surety:  The performance surety will be released only when all of the following conditions have been met:

   1. 1.
      At least 90% of the land area served by the Stormwater Treatment Facilities has permanent stabilization in place.
   2. 2.
      All of the Stormwater Treatment Facilities covered by the surety have been constructed and certified in accordance with this Chapter.
   3. 3.
      If the Stormwater Treatment Facility is constructed prior to final stabilization of at least 90% of the land area served by the facility, and the most recent certification of the facility is more than 90 days old, an updated certification shall be required to verify that the facility is fully functional.
5. E.
   Maintenance Surety:  Prior to issuance of a final certificate of occupancy, the contractor shall submit cash, a letter of credit, or a maintenance bond.  The contractor shall be responsible for all regular maintenance and repairs to the Stormwater Treatment Facility while the maintenance surety is in effect including, but not limited to, repairs necessary due to damage caused by intentional or unintentional acts of others.  The maintenance surety shall be in the amount of 50% of the construction cost of the facility and can be utilized for any maintenance or rehabilitation costs associated with the Stormwater Treatment Facility deemed necessary by the City, including, but not limited to, removal of siltation, mowing, replacement of vegetation, piping repairs, replacement of underdrains, other repairs to the facility, and any administrative or engineering costs associated with such maintenance and repairs.  Maintenance sureties shall conform to the following:

   1. 1.
      If the maintenance surety is in the form of a maintenance bond, it shall remain in effect for a period of two (2) years following initial certification of the Stormwater Treatment Facility.
   2. 2.
      If the maintenance surety is in the form of a letter of credit, the contractor or Developer shall deposit with the City’s Chief Financial Officer an irrevocable letter of credit from an acceptable financial institution payable to the City, collectable no later than two (2) years from the date of initial certification of the Stormwater Treatment Facility.
   3. 3.
      If the maintenance surety is in the form of cash, or letter of credit, all remaining money and any interest accrued thereon shall be returned to the contractor no later than three (3) years after the date of initial certification of the Stormwater Treatment Facility.
6. F.
   Timing of Stormwater Treatment Facility Construction:  Stormwater Treatment Facilities shall be constructed as early as feasible during the Development process.  However, since some commonly used Stormwater Treatment Facilities are sensitive to construction generated silt when upstream areas are under construction, the following provisions are allowable for timing of such Facility construction:

   1. 1.
      For a Stormwater Treatment Facility serving a single building lot, the Facility shall be constructed concurrently with the Development of the site and building, subject to exceptions set forward in Section 16.210.080D of this Chapter.
   2. 2.
      When Stormwater Treatment Facilities serve multiple Development lots within a common plan of Development, a Stormwater Treatment Facility can be final graded, and permanent vegetation installed only after 90% of the land area served by the Facility has achieved permanent stabilization unless the Director approves a shortened schedule.  Additionally, Stormwater Treatment Facilities must be installed and certified within six (6) months of permanent stabilization of the entire land area served by the Facility.  Land area served by the Facility shall mean those areas served by the Facility within the common plan of Development and shall not include offsite areas even if they are tributary to the Facility.
   3. 3.
      For Stormwater Treatment Facilities serving multiple Development lots within a common plan of Development, no Certificate of Occupancy shall be issued for any building or site unless a permit has been issued authorizing construction of a required Facility to serve the building or site.
7. G.
   Failure to Construct a Required Stormwater Treatment Facility:  When construction of a Stormwater Treatment Facility is delayed beyond the limits as provided in this Section, the Director may utilize any or all of the following enforcement mechanisms:

   1. 1.
      Draw upon performance surety funds as necessary to construct the Stormwater Treatment Facility.  In the event that the performance surety funds are not adequate to cover all costs associated with construction of said Facility, the Director may assess the property owners for any additional costs in accordance with Section 16.210.100H of this Chapter.
   2. 2.
      Withhold issuance of building permits for properties proposed to be served by such Stormwater Treatment Facility.
   3. 3.
      Withhold issuance of Certificates of Occupancy or Certificates of Compliance for permitted work that is proposed to be served by such Stormwater Treatment Facility.
   4. 4.
      Issue Stop Work Orders for permitted work for any or all property that is proposed to be served by such Stormwater Treatment Facility.

(History: Ord. SWT-2900 §5, 2011; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.090  Construction Inspections.

1. A.
   Inspections:  Regular inspections of the Stormwater management system construction shall be the responsibility of the project designer or other owner’s representative who has been approved by the Director and inspection results forwarded to the City.  For certain types and locations of Stormwater Treatment Facilities, the Director may at his discretion require additional or parallel inspections by City staff.  A final inspection by the City is required before the release of any performance sureties can occur. 
2. B.
   Post Construction Certification:  Prior to refunding of performance securities, the project designer, or other party approved by the Director, must certify that the Stormwater Treatment Facility is fully functional and has been installed in accordance with the approved plans.  For Developments not requiring a performance surety, the certification shall be made prior to issuance of a Final Certificate of Occupancy or Certificate of Compliance.

(History: Ord. SWT-2900 §6, 2011; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.100  Maintenance and Repair of Facilities.

1. A.
   Required Maintenance Agreement:  Prior to issuance of any permit that includes construction of a Stormwater Treatment Facility, the applicant or owner of the site shall provide a Maintenance Agreement for approval by the Director.  At a minimum, the Maintenance Agreement shall:

   1. 1.
      Identify the responsible party for maintaining all Stormwater Treatment Facilities.
   2. 2.
      Include an attachment showing the locations and dimensions of all Stormwater Treatment Facilities.
   3. 3.
      Provide access for the responsible party to maintain all Stormwater Treatment Facilities, as well as right of access to the City as provided in other sections of this Chapter.
   4. 4.
      Establish minimum frequency and levels of maintenance to be done.
   5. 5.
      Identify and itemize anticipated annual maintenance expenditures, periodic major maintenance items, facility replacement costs, and expected facility lifetime, so that the responsible party may better plan for future maintenance costs.
   6. 6.
      Establish the frequency of inspections to meet or exceed the requirements of this Chapter.
   7. 7.
      Identify resources available to provide maintenance.
   8. 8.
      Identify prohibited practices and homes or business association enforcement process for restoration.
   9. 9.
      Identify the City’s rights in the event that the responsible party fails or is unable to perform any of the obligations of the Maintenance Agreement.
   10. 10.
       Clarify how modifications or additions can be made to the Maintenance Agreement.
   11. 11.
       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 Stormwater Treatment Facilities if the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement.
2. B.
   Formation of Homes or Business Association:  The owner or Developer shall form a homes or business association prior to the sale of any lots, and the homes or business association covenants shall include, or reference, the provisions of the approved Maintenance Agreement.  The homes association or business association covenants shall include provisions collecting maintenance costs for Stormwater Treatment Facilities.
3. C.
   Notice on Plat or Title:  The final plat and homes or business association deed restrictions shall contain language approved by the Director to provide notice of facility presence and maintenance obligations.  Said deed restriction shall be recorded with the Johnson County Records and Tax Administration concurrent or prior to recording of the final plat or approval of final plans.  The notice shall run with the land and failure to provide this notice to any purchaser prior to transferring any interest in the property shall be in violation of this Chapter.  The notice shall be in a form approved by the Director and substantially as set forth below:
   
   "Notice: This site includes Stormwater Treatment Facilities, as defined and regulated in the Overland Park Municipal Code.  Restrictions on the use or alteration of the said Facilities may apply.  This property is also subject to the obligations and requirements of the Stormwater Treatment Facility Maintenance Agreement approved by the City."
   
   When the proposal involves a final plat, this notice shall appear on the face of the plat, as recorded.  When the proposals do not involve a final plat, the notice shall be in the form of a notice of presence recorded with the Johnson County Records and Tax Administration, and the notice shall include the legal description of the property, the current owner, the application date and other reference to the project, and the notarized signature of the property owner or owners.
4. D.
   Maintenance Inspections and Certifications by Property Owner:  The property owners of all Stormwater Treatment Facilities, except for distributed Facilities serving individual residential lots, must submit a maintenance certification report to the City, at the minimum of one (1) year following initial certification, and subsequently every two (2) years thereafter, or as required by the Director.  The maintenance certification report shall be completed and sealed by a registered professional engineer in the State of Kansas, unless the Director approves other qualified professionals to perform these duties.  Such maintenance certification report shall document each item including, but not limited to, the need for removal of silt, litter and other debris, grass cutting, removal of undesirable vegetation, and replacement of landscape vegetation.  Any maintenance needs found must be addressed in a timely manner, as determined by the Director, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the Stormwater Treatment Facility.
5. E.
   City Inspection of Stormwater Treatment Facilities:  The City may establish an inspection program, including but not limited to: routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or Pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or Pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES Stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws.  Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other Stormwater treatment practices.
6. F.
   Right of Entry for Inspection:  When any Stormwater Treatment Facility is installed on private property, or when any new connection is made between private property and a public storm sewer system, the property owner shall grant to the City in a manner and form acceptable to the Director, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.  This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Ordinance.
7. G.
   Records of Installation and Maintenance Activities:  Parties responsible for the operation and maintenance of a Stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least five (5) years.  These records shall be made available to the Director during inspection of the Facility and at other reasonable times upon request.
8. H.
   Failure to Maintain Practices:  If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the Director, after reasonable notice, may correct a violation of the Standards or maintenance needs by performing all necessary work to place the Facility in proper working condition.  In the event that the Stormwater management Facility becomes a danger to public safety or public health, the Director shall notify the party responsible for maintenance of the Stormwater management Facility in writing.  Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the Facility in an approved manner.  In the event of an emergency, when the Director determines that the Facility poses an immediate danger to life or property, no notification period shall be required prior to beginning mitigation work.  After proper notice, the Director will enforce the maintenance provisions of this Chapter with any or all of the following enforcement measures:

   1. 1.
      Notice of Violation:  The Director is authorized to serve a Notice of Violation or order on any person or entity responsible for maintaining the Facility.  Such Notice shall order abatement of the violation by the responsible person or entity.
   2. 2.
      Lien on Property:  The Director may assess the owner(s) of the Facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.

(History: Ord. SWT-2900 §7, 2011; SWT-2807 §4, 2009; SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.110  Enforcement and Penalties.

1. A.
   Violations:  Any person or entity violating any provision of this Chapter is guilty of a public offense and shall be subject to penalties as provided in the Overland Park Municipal Code Section 1.12.010.  The Director shall be permitted to cite the owner, or any/all persons identified on the permit as being legally responsible to the City for any violations of this Chapter pertaining to that permit.
2. B.
   Restoration of Lands:  Any violator may be required to restore land to its undisturbed condition.  In the event that restoration is not undertaken within a reasonable time after notice, the Director may take necessary corrective action, of which the cost to the City shall become a lien upon the property until paid.

(History: Ord. SWT-2669 §1, 2008)

Effective on: 1/1/1901

16.210.120  Miscellaneous.

1. A.
   Compatibility with Other Permit and Ordinance Requirements:  This Ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law.  The requirements of this Ordinance should be considered minimum requirements, and where any provision of this Ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
2. B.
   Severability:  If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Ordinance.
3. C.
   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.

(History: Ord. SWT-2669 §1, 2008)

Effective on: 1/1/1901