Title 18 - Unified Development Ordinance

 

18.365 Stream Corridor Requirements

18.365.040 Designation of Stream Corridor.

The stream corridor shall consist of the stream and all lands adjacent to the stream on both sides for the minimum distance from the ordinary high water mark specified below:

Stream tributary area: *Minimum distance from “ordinary high water mark” to the limit of stream corridor on each side:
Less than 25 acres See 18.365.040 B
Including 25 acres up to 40 acres 30 feet (See 18.365.040 C)
Including 40 acres up to 160 acres 60 feet
Including 160 acres up to 5000 acres 100 feet
5000 acres and greater 120 feet
*Distances in excess of the minimum may be required as indicated in 18.365.060(A).
  1. A.
    A stream corridor shall be designated along streams with a tributary drainage area of 40 acres or more with the following exceptions:
    1. 1.
      Streams of less than 300 feet in length measured along the center of the active stream zone and which are between portions of an existing storm sewer system may be enclosed within a pipe or box structure.
    2. 2.
      Streams adjoining an existing storm sewer system may be enclosed within a pipe or box structure, if the application of this Chapter would otherwise leave a stream remnant less than 300 feet in length measured along the center of the active stream zone.
  2. B.
    Streams with tributary areas less than 25 acres may construct a storm sewer system in accordance with 15.10. If a storm sewer system is not constructed, a stream corridor may be delineated which may be variable in width but is generally not less than 15 feet from “ordinary high water mark” to the limit of stream corridor on each side. The actual corridor width shall be adequate to provide for: stream geomorphology, stream bank stability, preservation of tree canopy, flood control and maintenance access.
  3. C.
    Streams with tributary areas including 25 acres up to 40 acres may construct a storm sewer system in accordance with 15.10. If a storm sewer system is not constructed, a stream corridor shall be delineated of not less than 30 feet from “ordinary high water mark” to the limit of the stream corridor on each side.
  4. D.
    Stream corridors shall be terminated when a stream discharges into a pond, lake or other body of water and shall resume at the outlet from the water body. Property reserved for the pond, lake or other body of water shall include at a minimum all areas that would have been reserved for a stream corridor had there been no pond, lake or body of water.
  5. E.
    Stream corridor delineation is not required for man-made ditches within street right-of-way.
  6. F.
    Stream corridor designation is not required for construction projects which are undertaken to explicitly protect existing buildings or property from flooding and/or erosion caused by actions such as channel migration or bank instability.
  7. G.
    Regardless of the stream or stream corridor size, buildings must maintain a minimum distance of 40 feet from the ordinary high water mark of a stream.
  8. H.
    Delineation of stream corridors under this Ordinance is based on the existing location of the stream. Relocation of existing streams to new locations is not authorized by this Ordinance.

All developments, which do not dedicate a stream corridor in accordance with this Chapter, shall construct storm sewer systems to meet the requirements of 15.10 of the Overland Park Municipal Code. In the event an approved development plan showing the construction of a storm sewer system cannot obtain a permit from the appropriate state or federal agencies then the owner of such property is required to comply with this Ordinance and reapply for a preliminary plan, preliminary plat, special use permit or rezoning, as appropriate.

(History: Ord. ZRR-2675 §8, 2008; ZRR-2382 §1, 2002)

Effective on: 1/1/1901