The purpose of this Article is to establish a regulatory scheme to protect and further the public interest by: promoting the coexistence of the natural environment and quality, planned development; assisting in the City's efforts to comply with the National Pollutant Discharge Elimination System (NPDES) Phase 2 regulations issued by the U. S. Environmental Protection Agency and administered by the Kansas Department of Health and Environment (KDHE); providing effective storm water management; protecting property from damage due to flooding and  erosion; improving water quality and reducing water pollution; controlling construction site impact on storm water; minimizing non-storm water discharges into the storm sewer system; protecting natural stream assets; and protecting, and, where possible, enhancing valuable natural water resources. These public interests are furthered by regulating land disturbance, filling, stripping and soil storage in connection with the clearing and grading of land for construction related or other purposes. It is also the purpose of this Article to encourage responsible development and minimize the negative environmental impacts that can be associated with development.

This Article establishes substantive and procedural requirements to protect and enhance the water quality of watercourses, water bodies, and wetlands by controlling erosion, sedimentation, and related environmental damage caused by construction related or other soil disturbing activities; and to encourage creative approaches to development that are designed and implemented to be sensitive to the natural environment thereby resulting in high quality development for those who visit, reside, and work in the City.

Effective on: 1/1/1901

Neither this Article nor any decision made with respect hereto exempts the applicant or any other person from other requirements of the City Code, or from state and federal laws, or from procuring other required permits, nor do they limit the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the applicant or any person arising from the activity regulated by this Article.

Effective on: 1/1/1901

In this Article, these words and phrases have the following meanings:

1. A.
   No person may engage in any land disturbance activity, including the installation of sanitary sewers, without first obtaining a permit from the City, accordance with Section 4-1-N-5 and Section 4-1-N-6.
2. B.
   This Article shall not be construed to be in conflict with any state law intended to control erosion and sedimentation. In those instances where state law imposes a duty or requirement with respect to a matter covered by this Article, the more environmentally stringent duty or requirement shall control.
3. C.
   Neither a permit nor an approved erosion and sediment control plan is required under this Article solely for:

   1. 1.
      any land disturbance activity that:

      1. a.
         involves less than 100 cubic yards of earth movement; or
      2. b.
         disturbs less than 5,000 square feet of surface area;
   2. 2.
      land farming operations, including plowing or tilling of land for the purpose of crop production or the harvesting of crops on land located in the AG District;
   3. 3.
      home landscaping or gardening;
   4. 4.
      reestablishment of lawn areas for residential lots; or
   5. 5.
      any emergency activity that is immediately necessary for the protection of life, property, or natural resources;

      provided that, if one or more of the above activities is undertaken as a part of or in conjunction with an activity involving building or development that otherwise requires issuance of a building permit, pursuant to Title 4, Chapter 1, Article 4-1-I or any other provision of the City Code, this Section does not alter the requirement that a building permit shall be obtained for that activity or activities.
4. D.
   The issuance of a permit shall constitute authorization to do only that work described or shown on the approved plan, all in strict compliance with the requirements of this Article, unless each and every modification or waiver is specifically listed and approved as required by Section 4-1-N-15 of this Article. Reasonable field modifications can be made pursuant to Section 4-1-N-15 of this Article.
5. E.
   The permittee and/or the permittee's agent, contractors and employees shall carry out the proposed work in accordance with the approved plan, and the permit, and in compliance with all applicable requirements or conditions. 

Effective on: 1/1/1901

1. A building permit must be obtained before any activity involving building or development resulting in land disturbance is initiated, except as provided in Section 4-1-N-4-C. The authority to undertake any of these activities shall be evidenced only by a valid building permit. Before a building permit is issued for these activities, the engineered plans specified in Section 4-1-N-7 must be submitted to the City and must contain the information and be in the form required therein, subject to the provisions of Section 4-1-N-6-E. In effect, Section 4-1-N-7 sets forth application submission requirements for activities involving building or development resulting in land disturbance that are in addition to the application submission requirements specified in Article 4-8-D and Title 4, Chapter 1, Article 4-1-I of the City Code.
2. If an individual proposes to undertake a land disturbance activity that does not, pursuant to any other section of the Code, require issuance of a building permit (such as, but not limited to, installation of sanitary sewers), the individual shall not, except as provided in Section 4-1-N-4-C, initiate land disturbance activities until a land disturbance permit is obtained.

Effective on: 1/1/1901

1. Where activities involving building or development resulting in land disturbance are to be performed, the owner of a site, or the site owner's authorized representative shall submit a complete building permit application in writing upon forms furnished by the City, which application shall include the engineered plans specified in Section 4-1-N-7.
2. Where land disturbance activity is to be performed and the City Code does not otherwise require issuance of a  building permit, the owner of the site or the site owner's authorized representative shall submit the engineered plans specified in Section 4-1-N-7 to the Community Development Director.
3. A permit must be issued in the name of the current property owner or the property owner's authorized representative.
4. No permit for activities that are not permitted by existing zoning, variances or other valid development approvals applicable to the land, shall be approved.
5. In making an application covered by this Article, the applicant or the landowner performing or allowing the work consents to the City's right to enter the site for the purpose of inspecting compliance with the approved plan or for performing any work necessary to bring the site into compliance with the approved plan.
6. The engineered plans required by Section 4-1-N-7 are not intended to be duplicative of other provisions of this Title or Code. Accordingly, the required engineered plans may be included in or with any other development application(s) or submission(s) otherwise required by this Title or Code; provided that, all the information required therein is in a form that can reasonably be evaluated by the Community Development Director. The decision concerning the form of the information submitted shall be made in the Community Development Director's sole discretion. In addition, the Community Development Director is authorized to waive submission requirements determined not to be necessary to the evaluations that are required by this Article.

Effective on: 1/1/1901

1. A.
   If not otherwise included in a separate development application or applications that seek approval of the specific activity that will result in land disturbance, as provided by Section 4-1-N-6-F above, the following information shall be submitted to the Community Development Director:

   1. 1.
      a vicinity map and site map in compliance with Section 4-1-N-8;
   2. 2.
      an erosion and sediment control plan in compliance with Section 4-1-N-9;
   3. 3.
      a work schedule in compliance with Section 4-1-N-10;
   4. 4.
      the permit fee as set forth in Section 4-1-N-16;
   5. 5.
      a performance guaranty as required by Section 4-1-N-22;
   6. 6.
      an engineering soils report in compliance with Section 4-1-N-11, when required by the City.
2. B.
   The erosion and sediment control plan must be prepared and certified by a Professional Engineer, a Landscape Architect, or a Certified Professional in Erosion and Sediment Control.
3. C.
   The City may require any additional information or data deemed appropriate and/or may impose conditions thereto as the Community Development Director may deem necessary to ensure compliance with the provisions of this Article and to preserve public health and safety.
4. D.
   The Community Development Director may waive the requirements for maps, plans, reports or drawings, if the Community Development 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 Article.
5. E.
   The applicant is bound by information submitted under this Section.
6. F.
   Failure to comply with these requirements may result in the City requiring submission and approval of a plan and the issuance of a permit.
7. G.
   Land disturbance activity may not take place in the City until a permit has been issued, as described in Section 4-1-N-5, and an acceptable performance guaranty, as required by Section 4-1-N-22, has been obtained.
8. H.
   In addition to obtaining a City Land Disturbance Permit, permittee and responsible personnel disturbing one acre or greater must comply with State and Federal Construction Stormwater NPDES requirements, including, but not limited to, the development of a Stormwater Pollution Prevention plan (SWPPP), as required by KDHE.  The engineered plans and Land Disturbance permit required by the City's Land Disturbance Ordinance should be included in the SWPPP.  the SWPPP must be kept on site during the duration of the construction project and made available during an inspection.

Effective on: 1/1/1901

In accordance with Section 4-1-N-7-A, the applicant shall submit a site map that contains the following information;

1. An attached vicinity map showing the location of the site in relation to the surrounding area's watercourses, water bodies and other significant geographic and natural features, and street and other significant structures.
2. Existing and proposed topography of the entire site with contour lines drawn with one chosen interval in accordance with the following table:

3. Show on/off-site drainage, including the subwatershed as well as the entire drainage basin;
4. Site's property lines shown in true location with respect to the plan's topographic information;
5. Graphic representation of the location of all existing and proposed natural and man-made drainage facilities;
6. Graphic representation of the location of and legend of soil types (including source of information);
7. A clear and definite delineation of any wetlands, natural or artificial water storage detention areas, and drainage ditches on the site, or a statement that there are no wetlands, detention areas or drainage ditches located on the site.
8. A clear and definite delineation of any drainage, sanitary, utility, or other easement(s) on or near the site;
9. A clear and definite delineation of applicant's determination, based on the best available information and sound engineering principles, of the existence of a regulatory 100-year floodplain, as defined in Section 4-1-N-3 and of any fully urbanized floodplain on or near the site as determined by a Johnson County watershed study or a statement that there are no such floodplains located on the property;
10. Graphic representation of the location of proposed excavations and fills, of on-site storage of soil and other earthen material, and of on-site disposal or spoil areas;
11. Location and legend of existing vegetative cover and the location and legend of vegetative cover to be left undisturbed;
12. Location of existing surface runoff and erosion and sediment control measures;
13. Quantity of soil in cubic yards to be excavated, filled, stored, or otherwise utilized on-site;
14. Proposed sequence of excavation, filling and soil or earthen material storage and disposal;
15. Graphic representation of stream setbacks, including inner, middle and outer zones.  If no stream corridors subject to Article 4-1-O of this Code are present on the site, then applicant must provide a statement indicating such on site map or cover sheet; and
16. The signature and seal of a Professional Engineer, a Landscape Architect, or a Certified Professional in Erosion and Sediment Control.

Effective on: 1/1/1901

In accordance with Section 4-1-N-7-A, an applicant shall submit an erosion and sediment control plan that is drawn to an appropriate scale, with a minimum of one (1) inch equals one hundred (100) feet (1:100). This plan must include sufficient information to: evaluate the environmental characteristics of the affected area; assess the potential impacts of the proposed land disturbance on water resources; and, assess proposed methods to minimize on-site soil erosion and prevent off-site sedimentation to the maximum extent practicable, including disturbance of topsoil and limitation of disturbance. The erosion and sediment control plan shall meet all the erosion and sediment control specifications established by the Erosion and Sediment Control Design Criteria required by Section 4-1-N-12 of this Article and contain the following information:

1. A letter of transmittal that includes a project narrative.
2. Copies of NPDES, 404, and other applicable state and federal permit applications for the site or activity.
3. A description of and specifications for the measures undertaken to reduce surface runoff and erosion control including, but not limited to, types and methods of applying soil protection blankets, mulches, designs and specifications for diversions, dikes, drain protection, and a schedule for their maintenance and upkeep;
4. A description of, and specifications for, the measures undertaken to retain sediment, waste materials, and chemicals on the site, including, but not limited to, designs and specifications for silt fences, berms, sediment detention facilities, other best management practices, and a schedule for their maintenance and upkeep.
5. A description of the temporary and permanent vegetative measures to be used, including but not limited to seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, types and rate of lime and fertilizer application, kind and quantity of mulching, the type, location and extent of pre-existing undisturbed vegetation types and vegetation to remain, and a schedule for maintenance and upkeep.
6. Alternative methods of stabilizing the site when either the establishment of vegetative cover is not performed in accordance with the work schedule, or is performed and is not effective in the sole discretion of the Community Development Director. 
7. A map depicting the location and description, including design details, of each temporary and permanent erosion, surface runoff and sediment control measure and structure.
8. Estimated duration of the permit as defined in Section 4-1-N-17-A.
9. A statement noting that the contractor, developer, operator, and/or owner shall request the Community Development Director to inspect and approve work completed in accordance with the approved Plan, and in accordance with this Article. The contractor, developer, or owner shall be required to obtain written approval by the Community Development Director at the stages of development as outlined in Section 4-1-N-19-E.
10. A signed statement on the plan by the owner, developer, operator, and/or contractor that any land disturbance activity, construction or development, will be done pursuant to the Plan.
11. Quantity of soil in cubic yards to be excavated, filled, stored, or otherwise utilized on-site.
12. A graphic representation of the storm drainage system, including quantities of flow and site conditions around all points of surface water discharge from the site.
13. Details of temporary and permanent erosion and sediment control measures, including a construction note on the plan stating: "Prior to initial soil disturbance or redisturbance, permanent or temporary erosion and sediment control devices shall be completed on all perimeter dikes, swales, ditches, perimeter slopes, and all slopes greater than three (3) horizontal to one  (1) vertical (3:1); embankments of ponds, basins, and traps. Sediment control shall be completed within fourteen (14) calendar days on all other disturbed or graded areas. The requirements of this Section do not apply to those areas that are shown on the plan and are currently being used for material storage or for those areas which actual construction activities are currently being performed."

Effective on: 1/1/1901

In accordance with Section 4-1-N-7-A, the applicant shall submit a chronological construction schedule and corresponding time-frame for each of the following activities:

1. Identify and mark areas to be protected from disturbance.
2. Clearing and grubbing for those areas necessary for installation of perimeter erosion control devices.
3. Construction of perimeter erosion and sediment control devices.
4. Installation of permanent and temporary stabilization measures.
5. City inspection of erosion and sediment control measures, prior to commencement of excavation.
6. Remaining interior site clearing and grubbing.
7. Street grading.
8. Rough grading for the remainder of the site.
9. Utility installation and statement of whether storm drains will be used or blocked after construction.
10. Building, parking lot, and site construction.
11. City inspection prior to commencement of BMP construction.
12. BMP construction.
13. Final stabilization.
14. Final grading and construction of stormwater BMPs.
15. Removal of temporary erosion control devices.
16. Inspection and maintenance of all erosion and sediment control measures during the course of the project.

Effective on: 1/1/1901

When the Community Development Director determines that additional information is required to protect against erosion or other hazards, an engineering soils report shall, in accordance with Section 4-1-N-7-A, be submitted by applicant. This report shall be based on adequate and necessary test borings, giving an adequate description of the soils of the site with conclusions and recommendations regarding the effect of soils conditions on the proposed development, and giving opinions and recommendations covering the adequacy of site to be developed by the proposed land disturbance activity with respect to soils conditions. Recommendations included in the report and approved by the Community Development Director shall be required in the plan. The engineering soils report shall include:

1. Data regarding the nature, distribution, strength, and erodibility of existing soils;
2. If applicable, data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site;
3. Conclusions and recommendations for grading procedures;
4. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is completed;
5. Design criteria for corrective measures when necessary;
6. Opinions and recommendations covering the stability of the site;
7. Subsurface conditions;
8. Soil boring results; and
9. Overview of geology of site.

Effective on: 1/1/1901

1. A.
   Unless otherwise provided herein, Section 5100 Erosion and Sediment Control of the Kansas City Metropolitan Chapter of the American Public Works Association, dated September 15, 2010, is hereby incorporated by reference for the purpose of providing uniform erosion and sediment control standards with respect to land disturbance involving temporary erosion and sediment control (hereinafter "Erosion and Sediment Control Design Criteria").

   No less than three (3) copies of such document shall be marked or stamped "official copy" as adopted by Ordinance No. 5677 with a copy of the Ordinance codified herein and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

   The current versions of the Lenexa Design Criteria and Plan Requirements for Public Improvement Plans, Lenexa Technical Specifications, and Lenexa Standard Details shall take precedence over the Erosion and Sediment control Design Criteria.
2. B.
   Grading, erosion control practices, sediment control practices, and waterway crossings shall comply with the Erosion and Sediment Control Design Criteria, and shall be adequate to minimize erosion and the transportation of sediment from the site to the maximum extent practicable.
3. C.
   Cut and fill slopes shall be no greater that 3:1, except as approved by the Community Development Director to meet other community or environmental objectives.  All exposed slopes 4:1 or steeper shall be protected with silt fence or wattles per the Lenexa Standard Details.
4. D.
   Clearing and grading of natural resources as previously defined by the City, such as designated natural stream assets, forests and wetlands as previously identified by the City, shall not be permitted, except when in compliance with this and all other Chapters of this Code.  Such areas shall be protected with a double row of silt fence with the outer row being wire reinforced.  Land disturbance activities that retain natural vegetation and drainage patterns, as described in the Erosion and Sediment Control Design Criteria, shall be used to the satisfaction of the Community Development Director.
5. E.
   Clearing, except that necessary to establish erosion and sediment control devices, shall not begin until all erosion and sediment control devices have been installed and the soil has been stabilized.
6. F.
   Construction phasing is recommended for all sites, but shall be required on all sites disturbing greater than twenty-five (25) acres, with the size of each phase to be established at the time of the consideration of the relevant development application or as approved by the Community Development Director.
7. G.
   Erosion control techniques shall include, but not be limited to the following:

   1. 1.
      Soil stabilization of disturbed areas shall be completed after clearing and after periods of inactivity in construction of greater than fourteen (14) calendar days.  If the Community Development Director determines that a site has a high potential for erosivity based on previous information submitted, he or she may direct that disturbed soil be stabilized after periods of inactivity in construction of more than forty-eight (48) hours;
   2. 2.
      If seeding or other vegetative erosion control methods are used, it shall have germinated within two (2) weeks; if vegetative measures are not effective within this time frame, the Community Development Director may require the site to be reseeded or require that a non-vegetative option be employed;
   3. 3.
      Special techniques that meet the Erosion and Sediment Control Design Criteria on slopes greater than 3:1 or in drainage ways shall be used to ensure stabilization;
   4. 4.
      Stabilization of soil stockpiles.
   5. 5.
      At the close of the construction season, all disturbed site surfaces must be stabilized, using a vegetative cover or a suitable mulch layer with tackifier or another method that does  not require germination to control erosion;
   6. 6.
      Techniques shall be employed to minimize the blowing of dust or sediment from the site; and
   7. 7.
      Techniques that divert upland runoff past disturbed slopes shall be employed.
8. H.
   Sediment control requirements shall include, but not be limited to the following:

   1. 1.
      Sediment basins, sediment traps, or tanks and perimeter controls:
   2. 2.
      Sediment basins that are designed in a manner which allows adaptation to provide long term storm water management, if required by the Community Development Director; or
   3. 3.
      Protection for adjacent properties and waterways by the use of a vegetated buffer strip in combination with perimeter controls.
   4. 4.
      All sediment basins shall include a skimmer attached to the outlet structure per  the Lenexa Standard Details.
   5. 5.
      Perforated standpipes will not be allowed for the primary outlet in sediment basins.
   6. 6.
      Sediment basins shall be used for all drainage areas over 5 acres.
   7. 7.
      Sediment traps shall be used for all areas of concentrated flow for which the drainage area is less than 5 acres.
9. I.
   Waterway and watercourse protection requirements shall include, but not be limited to:

   1. 1.
      A temporary stream crossing, approved by the Community Development Director, shall be installed if a wet watercourse will be crossed regularly during construction, but only if the Community Development Director determines that the stream crossing will not cause flooding of adjacent property or damage the riparian corridor in which such a crossing is to be constructed;
   2. 2.
      Stabilization of the watercourse channel before, during, and after any in-channel work;
   3. 3.
      All on-site storm water conveyance channels designed according to the Erosion and Sediment Control design Criteria; or
   4. 4.
      Stabilization to prevent erosion at the outlets of all pipes and paved channels.
10. J.
    All existing ponds to be dewatered shall be pumped in accordance with the Lenexa Standard Details.  Breeching the dam will not be allowed.
11. K.
    Construction site access requirements shall include, but not be limited to:

    1. 1.
       A temporary access road provided at all sites; or
    2. 2.
       Other measures required by the Community Development Director to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

Effective on: 1/1/1901

1. The City will review all submissions required by this Article to determine their conformance with the provisions of this Article and the erosion and sediment control design criteria. Within ten (10) business days after receiving all required submissions, the Community Development Director, in writing, shall:
   1. If a building permit is otherwise required;
      1. Approve the plan and notify the Building Official that all requirements of this Article have been met and that the permit may be issued; or
      2. Conditionally approve the plan and notify the Building Official and the Applicant that the requirements of this Article have been met and that the building permit may be issued, subject to conditions as may be necessary to substantially secure the objectives of this Article, prevent the creation of a nuisance or an unreasonable hazard to persons or to a public or private property; or
      3. Reject the plan and notify the Building Official that the requirements of this Article have not been met, indicating those requirement(s) that have not been met and the procedure for submitting revised information and/or submittals.
   2. If a building permit is not otherwise required:
      1. Approve the plan and issue a land disturbance permit; or
      2. Conditionally approve the plan and issue a land disturbance permit subject to conditions as may be necessary to substantially secure the objectives of this Article, prevent the creation of a nuisance, or prevent an unreasonable hazard to persons or to a public or a private property; or
      3. Reject the plan and inform the applicant in writing of those requirement(s) that have not been met and the procedure for submitting revised information and/or submittals.
2. If the Community Development Director fails to act on the original or revised complete submission required by this Article within ten (10) business days of receipt, the applicant shall be authorized to request the Community Development Director to expedite its submission.  Except as otherwise provided in this Article, an applicant shall not be authorized to proceed with land disturbance activities without a permit.
3. The Community Development Director may approve a plan and authorize the Building Official to issue a building permit or may issue a land disturbance permit if all required submittals comply with all the requirements of Section 4-1-N-2 and Section 4-1-N-4 through Section 4-1-N-12 and the Community Development Director determines that best management practices will be employed to control erosion and sedimentation to the maximum extent practicable.
4. The Community Development Director may require the applicant to attend a preconstruction meeting prior to the issuance of a permit.

Effective on: 1/1/1901

In approving the issuance of any permit, the Community Development Director may impose any conditions as may be reasonably necessary to secure the objectives of this Article, prevent the creation of a nuisance, or prevent an unreasonable hazard to persons or to a public or private property. These conditions may include , but need not be limited to:

1. The granting (or securing from others) and the recording in County land records of easements for drainage facilities, including the acceptance of their discharge on the property of others, and for the maintenance of slopes or erosion control facilities;
2. Adequate control of construction related dust by watering, or other control methods acceptable to the Community Development Director;
3. Improvements of any existing grading, ground surface or drainage condition on the site (not to exceed the area as proposed for work or development in the application) to meet the standards required under this Article for land disturbance, drainage, and erosion control;
4. Installation of sediment traps and basins adjacent to a surface water body or in a densely populated area; and
5. Installation of additional safety related devices in the proximity of an elementary school, playground or other areas where small children may congregate without adult supervision.

Effective on: 1/1/1901

1. Modifications of the approved plan may be authorized by the Community Development Director; provided those modifications are consistent with the Erosion and Sediment Control Design Criteria of this Article, where:
   1. Field inspection or evaluation has revealed the inadequacy of the approved plan to accomplish its erosion and sediment control objectives; or
   2. The person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out.
2. Modifications and proof of approval of the approved plan must be noted on Erosion and Sediment Control Plan kept on the site.

Effective on: 1/1/1901

Before issuance of a permit, the applicant shall pay a fee, which shall be in addition to the building permit fee if otherwise applicable, to cover the cost of administration, plan review, and inspection services associated with evaluation of submittals and permits required by this Article. The amount of the fee shall be established by the City Council by resolution or ordinance.

Effective on: 1/1/1901

1. The permit shall be valid from the time that it is issued until a final certificate of occupancy or completion certificate pursuant to Section 4-1-N-24 has been issued.
2. If the permittee sells the property before the expiration of the permit, the permit may be assigned to the new owner of the site if the assignment is approved in writing by the Community Development Director, provided that the permittee shall remain responsible for compliance with the permit until a final certificate of occupancy is issued or a completion certificate is issued pursuant to Section 4-1-N-24.  Approval of an assignment shall not be unreasonably withheld.
3. If the permittee sells any portion of the property before the expiration of the permit, the permittee will remain responsible for that portion of the property until one of the following events occur:
   1. The new owners of the property, with respect to property covered by a permit, makes all submissions required by this Article, which are not waived, to the Community Development Director and he or she approves the plan and issues the new owner a permit; or
   2. The new owner of the property obtains a building permit for that portion of the property sold by the permittee. When a new owner has contiguous lots totaling less than one (1) acre, the new owner may design a plan for the contiguous lots as approved by the Community Development Director.

Effective on: 1/1/1901

When a person is developing a site and a permit is required, in accordance with Section 4-1-N-5 of this Article, no other construction permits shall be issued to make improvements on that site until the person has secured the permit required by this Article for the same site. This includes all permits issued by another City department.  If a permit required by this Article is revoked or suspended, no other permits for the site will be issued until all pending permit violations have been resolved to the satisfaction of the Community Development Director.

Effective on: 1/1/1901

1. A.
   Authorized representatives of the City may enter properties upon which land disturbance activities are occurring for the purpose of inspection and enforcement of the provisions of the Article.
2. B.
   Land disturbance activity may not proceed until a permit has been issued by the City in accordance with this Article. All work must be performed in accordance with a sequence shown on the approved plan and/or work schedule or a revised sequence approved by the Community Development Director.
3. C.
   The permittee shall notify the City forty-eight (48) hours before commencing any land disturbance activity and, if required by the  Community Development Director, hold a pre-construction meeting between the permittee or the representative of the permittee and an authorized representative of the Community Development Director.
4. D.
   A copy of the permit must be available on the site for inspection by authorized representatives of the City. Field markings showing limits of disturbance must be on site during all installation of erosion and sediment control measures, construction, or other land disturbance activities.
5. E.
   Each site that has an approved plan may be inspected as necessary to ensure that erosion and sediment control measures are installed and effectively maintained in compliance with the approved plan and permit. At the discretion of the Community Development Director, inspections may occur at any or all of the following stages:

   1. 1.
      Upon completion of installation of perimeter erosion and sediment controls, prior to proceeding with any other land disturbance activity.  Other building or grading inspection approvals may not be authorized until initial approval by the Community Development Director occurs;
   2. 2.
      During the construction of sediment basins or storm water management structures, at the inspection points required by the permit;
   3. 3.
      During rough grading, including hauling of imported or wasted materials;
   4. 4.
      Prior to the removal or substantial modification of any erosion and sediment control measure or practice; and
   5. 5.
      Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan.

      Requests for inspection shall be made at least twenty-four (24) hours in advance (exclusive of Saturdays, Sundays, and holidays) of the time the inspection is desired.
6. F.
   If an inspection reveals a failure to comply with the requirements of this Article, the Community Development Director may notify the permittee or the representative of the permittee in writing of the violation. The notice issued must, as a minimum, state the nature of the violation, any practice or approved plan deficiencies, required corrective action, and compliance time. Any portion of the work that does not comply must be corrected in the compliance time given to the permittee. The City may make additional inspections as it deems necessary, and has the right to waive inspections, excluding the final inspection as provided in Section 4-1-N-24. The Community Development Director shall maintain a record of each inspection. Included in the record must be the date, the location or project identification, whether or not the approved plan has been implemented and measures maintained, and, if a violation exists, the type of enforcement action taken.  The record of each inspection shall be maintained for a minimum of four (4) years. 
7. G.
   When an approved plan shows the use of temporary basins or permanent stormwater management structures, the Community Development Director may require the submission of supportive documents, such as test results, or material certifications. If necessary, in addition to its own inspections, the City may require that any portion of the construction of said basins or structures be inspected and certified by a licensed Professional Engineer, or Landscape Architect, or Land Surveyor. At the Community Development Director's option, the permittee may secure the services of a Professional Engineer, Landscape Architect, or licensed Land Surveyor to inspect the construction of the facilities and to provide the City with a fully documented certification that all construction is done, to the best of his/her knowledge, in accordance with the provisions of the approved plan, applicable rules, regulations and criteria. If a certification is provided to the City, inspections required under Subsection 4-1-N-19-E-2 for the basin or structure may be waived. In these cases, the Community Development Director must be notified at the required inspection points and may make periodic erosion sediment inspections, or any further inspections as needed.

Effective on: 1/1/1901

1. A.
   In the event work does not conform to the permit or conditions of approval or to the approved plan or to any instructions of the City as authorized by this Article, notice to comply shall be given to the permittee in writing. After a notice to comply is given, the permittee or the permittee's contractor(s) shall be required to make the corrections within the time period determined by the City. If the Community Development Director determines that the nonconforming work has caused or created an imminent threat to public health and safety, the City may perform the work necessary to eliminate the threat without notice to the permittee.
2. B.
   If the permittee fails to make the required corrections within the time period allotted by the City, as required in subsection A above, the Community Development Director may post a stop work order at the site directing that all land disturbance activity cease immediately. For the purposes of this Section, a stop work order is effective upon posting a copy of the stop work order on the site of the land disturbance activity in reasonable proximity to a location where the land disturbance activity is taking place. A person must not continue or permit the continuance of work in an area covered by a stop work order, except work required to correct deficiencies with respect to an erosion or sediment control measure. No inspections shall be performed and no additional permits will be issued by the City for the site while a stop work order is in effect. Any person who shall continue to work after a stop work order has been posted, 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.

   1. 1.
      Except as set forth in subsection 2 below, the City must provide written notice to the permittee or a representative of the permittee when a stop work order is issued. A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage prepaid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person listed as owner of the property by Johnson County land records. That notice must specify the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of agents of the permittee and must notify those agents when a stop work order is issued that will affect an area within which the agents are to work. In this regard, "agent" is defined as any person who acts at the instruction, with the permission, or to the benefit of the permittee.
   2. 2.
      A stop work order may be issued without prior written notice where the Community Development Director determines that:

      1. a.
         Land disturbance is taking place that requires a permit under this Article and one has not been approved;
      2. b.
         Required erosion and sediment control measures are not installed, inspected, and approved before the land disturbance;
      3. c.
         The limits of disturbance are being violated; or
      4. d.
         An inspection reveals the existence of any condition or any act that:

         1. 1.
            is creating or will create a nuisance or hazard; or
         2. 2.
            endangers human life or the property of others.
3. C.
   Failure of the permittee to make the necessary corrections within ten (10) days after a stop work order is posted shall constitute a public offense and is punishable as prescribed in this Article. Upon such failure, the City may:

   1. 1.
      issue a Notice to Appear, setting a date and time for appearance in Municipal Court. The Community Development Director shall have authority to issue a Notice to Appear under this Article. The City may seek all criminal and civil penalties allowed by this Chapter, as well as any injunctive relief that may be appropriate; and/or
   2. 2.
      correct or abate the violation.
4. D.
   If the City performs work to correct a violation of this Article, the costs incurred by the City to perform this work shall be paid by the owner or permittee out of the performance guaranty required by Section 4-1-N-22 to the extent that the amount is covered thereby, with any remainder being directly due and owing by the owner or permittee, as set forth in Section 4-1-N-22-D hereof. In the event no permit was issued or no performance guaranty was posted, the cost, plus interest at the rate authorized by the City, plus a reasonable administrative fee shall be billed to the owner. If in any event the amount due is not paid, the City Clerk shall certify the amount due to the Clerk of Johnson County, Kansas, and it shall, in accordance with law, become a lien upon all property and all rights to property, real or personal, of any person liable to pay the amount due. This amount shall be listed on the tax bill and be collected in the manner of ordinary taxes as authorized by law.
5. E.
   The Community Development Director shall have authority, but not the obligation, to issue additional notices and extend the time given to a permittee to perform any action required under this Article.
6. F.
   Any person who violates a provision of this Article, fails to comply with any of the requirements thereof, or fails to comply with a directive of the City as authorized by this Article is guilty of a public offense and shall be subject to penalties as provided in Section 1-1-C-3 of this Code. In addition, the City may seek such additional remedies and have such additional enforcement powers as set forth in Section 4-1-L-2 of this Code.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Prior to issuance of a permit the applicant must submit a performance guaranty that meets the requirements specified in this Section and in a satisfactory form approved by the City Attorney. That instrument shall be conditioned upon the faithful performance of the terms of the permit, and the soil erosion and sediment control measures specified in the permit and approved plan, within the time specified by the Community Development Director or within any extension granted by the Community Development Director. The amount of the performance guaranty required by this Section shall be as determined by the Community Development Director to secure the costs of improvements required in an approved plan, and this amount shall be in addition to any other amounts necessary to secure the faithful performance of other acts required of permittee by the City that the performance guaranty is intended to cover. The Community Development Director may grant a partial or complete waiver of the performance guaranty, upon application, for governmental or quasi-governmental entities or state regulated utilities or where the Community Development Director finds minimal impairment of existing surface drainage, minimal erosion hazard, minimal sedimentation hazard upon any adjacent land or watercourse, and no hazard to human life or property.
2. Whenever the City finds that a default has occurred in the performance of any term or condition of the permit, approved plan, or performance guaranty, or a violation of Section 4-1-N-26 has occurred, written notice of default must be given to the permittee and to the surety or issuing organization or entity. The notice must state the work to be done, the estimated cost, and the specified period of time deemed by the Community Development Director to be reasonably necessary for completion of the work.
3. If a cash bond has been posted, notice of default as provided by the preceding paragraphs must be given to the permittee; and if compliance is not obtained within the time specified, the City may proceed, without delay and without further notice or proceedings, to use the cash deposited or any portion of the deposit to cause the required work to be done by contract or otherwise in the discretion of the Community Development Director.
4. In the event of any alleged default in the performance of any term or condition of the performance guaranty, the City, the surety, the issuing organization or entity, or any person employed or engaged on its behalf has a right to go upon the site to complete the required work necessary to control erosion and sedimentation or to protect properties, watercourses, and persons. In the event the City undertakes this work with the funds from a forfeited performance guaranty, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary restoration of the site to control erosion and sediment within the requirements of the approved plan, permit, or performance guaranty or this Article. If the cost of the work necessary to control erosion and sediment or to protect properties, watercourses, and persons exceeds the amount of the performance guaranty, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the City. The cost of necessary work in excess of the performance guaranty shall be certified by the City Clerk to the Clerk of Johnson County, Kansas, and shall, to the extent authorized by law, become a lien upon all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal shall be listed on the tax bill and be collected in the manner of ordinary taxes to the extent authorized by law.
5. A person must not interfere with or obstruct the ingress or egress to or from a site or premises by an authorized representative or agent of any surety, issuing organization or entity, or the City engaged in completing the work required to be performed under the permit or in complying with the terms or conditions of the approved plan or the permit.
6. A performance guaranty remains in full force and effect until a completion certificate is issued, pursuant to Section 4-1-N-24 of this Article, and all other permittee's acts covered by the performance guaranty have been determined to be complete in accordance with the applicable City Code provisions. A cash bond must be returned to the depositor or to the successors or assigns of the depositor upon issuance of a completion certificate for the work in accordance with Section 4-1-N-24 of this Article, except any portion that may have been used. Failure to renew the performance guaranty fourteen (14) calendar days prior to expiration shall be deemed default.
7. The Community Development Director shall immediately direct the Building Official to revoke the permit upon failure of any permittee to maintain the performance guaranty.

Effective on: 1/1/1901

1. The permittee or the owner of any property on which work has been done pursuant to a permit, or any other  person or agent in control of that property, must inspect and maintain in good and effective condition and promptly repair or restore all grade surfaces, walls, drains, dams and structures, plantings, vegetation, and other erosion and sediment control measures and devices. The permittee or owner, their agent, contractor, and employees shall, each day, maintain and repair all graded surfaces and erosion control facilities, drainage structures, and other protective devices, plantings, and ground cover installed while construction is active. After construction is complete, the owner or their agent shall continue to regularly inspect the vegetation until adequate turf or other suitable vegetative cover is established. Repair or restoration, and maintenance, must be in accordance with the approved plan, and permit as required by this Article until permanent measures are accepted by the City.
2. Any person who performs utility related work under a permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must be in accordance with subsection A of this Section.

Effective on: 1/1/1901

Upon completion of the project and after the site is stabilized, the permittee must notify the Community Development Director and schedule a final inspection. Upon final inspection of the project, the Community Development Director has sole discretion to determine whether all work subject to inspection has been satisfactorily completed in accordance with the requirements of this Article, the permit, and the approved plan, rules and regulations, and that any supporting documents required under Section 4-1-N-19-G are accepted.

Effective on: 1/1/1901

A person must not initiate land disturbance activities sufficiently close to the property line so as to endanger any adjoining property, including a public street, sidewalk, or alley. The adjoining property should be supported and protected from damage that may result from land disturbance activities including, but not limited to, settling, cracking, vegetative damage, erosion, soil deposition, and excessive construction dust. If, in the opinion of the Community Development Director, the land disturbance activity creates a hazard to life or property that is not adequately safeguarded, the permittee must construct walls, fences, guard rails, or other structures to safeguard the adjoining private property or public street, sidewalk, alley, or other public property and persons, as the Community Development Director may require.

Effective on: 1/1/1901

1. A person must not engage in any land disturbance activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material, to be deposited upon or to roll, flow, or wash upon or over the premises of another without the express written consent of the owner of the premises affected. A person must not engage in any land disturbance activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, rights-of-way, or any public property.
2. A person must not, when hauling soil, earth, sand, gravel, rock, stone, or other material over any public street, road, alley, or public property, allow those materials to blow or spill over and upon any street, road, alley, or public property or adjacent private property.
3. If any soil, earth, sand, gravel, rock, stone or other material is caused to be deposited upon or to roll, flow, or wash upon any public or private property in violation of subsections A and B above, the Community Development Director shall notify the person responsible within ten (10) days after becoming aware of the condition.  The notice issued must, as a minimum, state the nature of the violation, required corrective action, and compliance time.  The person responsible for the violation must cause the material to be removed from that property within the compliance time set forth in the notice. In the event of an immediate danger to the public health or safety, as determined by the Community Development Director, notice must be given by the most expeditious means in the discretion of the Community Development Director and the material must be removed immediately. In the event it is not so removed, the City may cause the removal. The cost of the removal by the City must be paid to the City by the person who failed to remove the material. The cost of removal may be certified by the City Clerk to the Clerk of Johnson County, Kansas, and shall, to the extent authorized by law, become a lien upon all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal shall be listed on the tax bill and be collected in the manner of ordinary taxes to the extent authorized by law. In addition, the City may treat the failure to remove as a default on the performance guaranty and remedy the default as authorized by Section 4-1-N-22-B and Section 4-1-N-22-D. If costs are not fully paid by the performance guaranty, the amount unpaid may be collected as taxes as provided above.

Effective on: 1/1/1901

The permittee is responsible for safely and legally completing the project. Neither the issuance of a permit under the provisions of this Article, nor the compliance with the provisions hereto or with any condition imposed by the City, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the City for damages to persons or property.

Effective on: 1/1/1901

The City shall have the enforcement and remedial actions set forth in Section 4-1-L-2 of the City Code if any persons allows or performs a land disturbance activity without obtaining a permit, as required by this Article, allows or performs a land disturbance activity in a manner that does not comply with an approved plan or a permit or works with a revoked or suspended permit.

Effective on: 1/1/1901

Effective on: 1/1/1901

APPROVED PLAN: A set of representational drawings or other documents that have been approved by the City as complying with the provisions of this Article submitted by an applicant (either as an independent submittal or a part of another development application(s) required by the City Code) as a prerequisite to obtaining a building or land disturbance permit and that contain the information and specifications required by the City to minimize erosion and off-site sedimentation from land disturbance activities.

Effective on: 1/1/1901

APPLICANT: Any person who makes application for an approved plan or for a building permit for an activity involving building or development that results in land disturbance or for a land disturbance permit, as required by this Article.

Effective on: 1/1/1901

CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL:  A recognized specialist in soil and erosion control that has met the certification requirements of CPESC, Inc.

Effective on: 1/1/1901

CLEARING: Any act by which vegetative cover, structures or surface material are removed, including, but not limited to, surface layer, root mat or topsoil removal.

Effective on: 1/1/1901

COMMUNITY DEVELOPMENT DIRECTOR: The individual appointed by the City as the Community Development Director or his/her designee.

Effective on: 1/1/1901

DEVELOPMENT APPLICATION: All applications required by the City Code as a prerequisite to initiation of development, including, but not limited to, a building permit application.

Effective on: 1/1/1901

EROSION: The process by which the ground surface is worn away by the action of the wind, water, ice, gravity, or artificial means, and/or land disturbance activities.

Effective on: 1/1/1901

EROSION AND SEDIMENT CONTROL DESIGN CRITERIA: The erosion and sediment control design criteria adopted in writing, as authorized by Section 4-1-N-12.

Effective on: 1/1/1901

EXCAVATING: Any act by which soil is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and includes the conditions that result from that act.

Effective on: 1/1/1901

FILLING: Any act by which soil is deposited, placed, pushed, pulled, or transported and includes the conditions that result from that act.

Effective on: 1/1/1901

FLOODPLAIN: The floodway and floodway fringe as identified by the Federal Insurance Administration through its report entitled "The Flood Insurance Study for the City of Lenexa, Kansas," dated February 1, 1977 and updated August 3, 2009, or such other designation of the floodplain as is subsequently adopted by the City, and representing the regulated 100-year water surface and corresponding elevations.

Effective on: 1/1/1901

GRADING: Any act by which soil is cleared, stripped, moved, leveled, stockpiled, or any combination thereof, and includes the conditions that result from that act.

Effective on: 1/1/1901

LAND DISTURBANCE ACTIVITY: Any act by which soil is moved and land changed that may result in erosion or the movement of sediments, and may include tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.

Effective on: 1/1/1901

LANDSCAPE ARCHITECT:  A landscape architect duly licensed by the Kansas State Board of Technical Professions, pursuant to K.S.A. 74-7001 et seq. to practice landscape architecture.

Effective on: 1/1/1901

LICENSED LAND SURVEYOR: An individual who is duly licensed by the Kansas State Board of Technical Professions, pursuant to K.S.A. 74-7001 et seq. to practice surveying.

Effective on: 1/1/1901

MAXIMUM EXTENT PRACTICABLE: The use of those best management practices, which, based on sound engineering and hydro-geological principles, will, to the greatest degree possible, given all relevant considerations, including technology, climate and site conditions, minimize erosion and sedimentation from a site during and after development.

Effective on: 1/1/1901

OPEN RECREATIONAL SPACE: Any land, under single ownership, which is dedicated to open, outdoor recreational uses such as golf courses or ball fields, and which is submitted for City development approval as a single plan and developed pursuant to one grading plan.

Effective on: 1/1/1901

PERMIT: A building permit for activities involving building or development resulting in land disturbance or a land disturbance permit for activities resulting in land disturbance, that does not involve building or development.

Effective on: 1/1/1901

PERMITTEE: Any person to whom a building permit is issued with respect to activities involving building or development resulting in land disturbance or for purposes of this Article only, any person to whom a land disturbance permit is issued.

Effective on: 1/1/1901

PROFESSIONAL ENGINEER: An engineer duly licensed by the Kansas State Board of Technical Professions, pursuant to K.S.A. 74-7001 et seq. to practice engineering.

Effective on: 1/1/1901

RESPONSIBLE PERSONNEL: Any foreman, superintendent, or project engineer designated in the permit or in an approved plan, as the person in charge of on-site land disturbance activities or erosion and sediment control associated with land disturbance activities.

Effective on: 1/1/1901

SEDIMENT: Soils or other materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

Effective on: 1/1/1901

SITE: Any lot or parcel of land or a series of lots or parcels of land adjoining or contiguous or joined together under one (1) ownership on which land disturbance activity is proposed.

Effective on: 1/1/1901

SLOPE: The inclined surface of a fill, excavation, or natural terrain expressed as a ratio of horizontal distance to vertical distance over a measured inclined surface.

Effective on: 1/1/1901

SOIL: The unconsolidated mineral and organic material (i.e., earth, sand, gravel, rock or other similar material) on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

Effective on: 1/1/1901

STORMWATER POLLUTION PREVENTION PLAN (SWPPP):  A plan required by and and for which contents are specified in the State of Kansas General Permit for Stormwater Discharges Associated with Industrial Activities, and the General Permit for Stormwater Discharges Associated with Construction Activities.  The purpose of the plan is to help identify the sources of pollution that affect the quality of stormwater discharges from a site and to describe and ensure the implementation of practices to reduce pollutants in stormwater discharges.

Effective on: 1/1/1901

STRIPPING: Any activity by which the vegetative cover is removed or significantly disturbed, including tree removal, clearing, grubbing and storage, or removal of topsoil.

Effective on: 1/1/1901

VEGETATIVE COVER: Any grasses, shrubs, trees and other vegetation that protects and stabilizes soils.

Effective on: 1/1/1901

WATERCOURSE OR DRAINAGEWAY: Any natural or artificial watercourse, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes in which water flows in a definite direction or course, either continuously or intermittently; and including any area adjacent to it that is subject to inundation by reason of overflow or floodwater.

Effective on: 1/1/1901

WETLANDS: Those areas that have a predominance of hydric soils and that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. This does not include the following surface waters intentionally constructed from sites, including but not limited to: drainage ditches, grass-lined swales, and landscape amenities.

Effective on: 1/1/1901