17.06.090 Maintenance of the Stream Corridor.
(A) Stream Corridor Maintenance Agreement. A Stream Corridor Maintenance Agreement shall be submitted with all final plans and final Plats and is subject to approval by the City Engineer. At a minimum, the Maintenance Agreement should:
(1) Identify the responsible party for maintaining the Stream Corridor, or segment thereof, the boundaries of which are identified as an attachment to the Maintenance Agreement.
(2) Establish the minimum frequency and levels of maintenance to be done.
(3) Establish the frequency of inspection.
(4) Identify resources available to provide maintenance.
(5) Identify prohibited practices and homes and/or business association’s enforcement process for restoration.
(6) Identify the City’s rights in the event that the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement.
(7) Clarify how modifications or additions can be made to the Maintenance Agreement.
(8) Be filed as a covenant to the recorded deeds of all lots to enforce the imposition of any special tax assessment that may be necessary to maintain the Stream Corridor if the responsible party fails or is unable to perform any of the obligations in the Maintenance Agreement.
(9) The Property Owner or Developer shall form a homes and/or business association prior to the sale of any lots, and the homes and/or business association covenants shall include the provisions of the approved Maintenance Agreement. Should a homes and/or business association no longer exist, or be viable, the City Engineer shall have the option to require adjacent Property Owners to provide maintenance of the Stream Corridor as set forth in this Chapter.
(10) Approval of all final plans and final Plats shall be subject to the City’s receipt of an acceptable Stream Corridor Maintenance Agreement. The final Plat and homes and/or business association deed restrictions shall contain language approved by the City Engineer which identifies the homes and/or business association as the entity which will have permanent responsibility and authority to enter upon the Stream Corridor to fully perform all obligations pursuant to the Stream Corridor Maintenance Agreement. Said homes and/or business association deed restrictions shall be recorded with the Johnson County, Kansas Records and Tax Administration concurrent or prior to recording of the final Plat. The following Title and plat notification requirements concerning Stream Corridors and associated Development and use restrictions shall be required:
(a) Notice on Plat. For all subdivision proposals within the Stream Corridor, the Applicant shall include a notice on the face of the plat. The notice shall be substantially as set forth below:
“Notice: this site lies within a protected Stream Corridor, as defined and regulated in city of Olathe, Kansas, Municipal Code. Restrictions on the use or alteration of the Stream Corridor may apply. This property is also subject to the obligations and requirements of the Stream Corridor Maintenance Agreement approved by the City.
(b) Notice on Title. The owner of any property within a Stream Corridor, upon the approval of a Development Application covering property containing a Stream Corridor (which does not involve the approval of a final plat) shall record a notice of presence for each Stream Corridor with the Johnson County, Kansas Records and Tax Administration. This recording shall contain notice of the Stream Corridor Requirements, as found in Chapter 17.06 of the Olathe Municipal Code, as applied to the property, and the limitations on actions in or affecting such Stream Corridor. The Applicant must submit proof that the notice has been legally recorded before final approval of the Development is granted. 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 substantially as set forth below:
STREAM CORRIDOR NOTICE
Legal Description:
Present Owner:
Notice: This property is located within or contains the following Stream Corridor, as defined and regulated in the City of Olathe, Kansas, Municipal Code. Restrictions on the use or alteration of land within the Stream Corridor may apply. This property is also subject to the obligations and requirements of the Stream Corridor Maintenance Agreement approved by the City.
Application #___ filed on (Date).
Signature of owner(s).
Notarization:
State of Kansas }
Johnson County }
On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they freely and voluntarily signed the same for the uses and purposes therein stated.
Given under my hand and official seal this day of ___.
Notary Public in and for the State of Kansas.
(B) Allowed maintenance (as approved and specified in the Maintenance Agreement as required in subsection C below):
(1) Removal of dead trees/brush and trash.
(2) Removal of debris that could cause flooding.
(3) Selective City-approved tree trimming or tree removal to mitigate safety hazards or that could cause flooding.
(4) Selective (spot) chemical spraying for noxious weeds.
(5) Periodic mowing or other BMPs to enhance natural conditions.
(6) Maintenance of all City approved improvements.
(7) Maintenance of City approved bank stabilization measures.
(C) Prohibited Maintenance.
(1) Regular mowing outside of recreational use areas.
(2) Non-selective chemical spraying. (Ord. 09-25 § 2, 2009.)