17.10.060 Buffer establishment, management, and maintenance.
(a) The buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are prohibited within the buffer, except with written approval by the Director of Utilities or designee:
(1) Clearing of existing vegetation; provided, however, this prohibition shall not prevent a property owner from trimming or cutting overgrown vegetation, removing dead vegetation or replacing vegetation.
(2) Grading, stripping, or other soil-disturbing practices.
(3) Filling or dumping.
(4) Draining the buffer area by ditching, underdrains, or other systems.
(5) Use, storage, or application of pesticides, except for the spot spraying of noxious weeds or nonnative species consistent with recommendations of the Shawnee County Soil Conservation District.
(6) Housing, grazing, or other maintenance of livestock.
(7) Storage or operation of motorized vehicles, except for maintenance and emergency use.
(b) The following structures, practices, and activities are permitted in the buffer, with specific design or maintenance features, subject to the review of the Director of Utilities or designee:
(1) Pedestrian bridges, foot paths, and utilities.
(2) Stream restoration projects, facilities and activities are permitted within the buffer.
(3) Water quality monitoring and stream gauging reading are permitted within the buffer.
(4) Individual trees within the buffer may be removed with prior approval from the Director of Utilities.
(c) Fences constructed within the buffer zone must be of an open, split rail or wood plank type design. Metal fencing may be added but only as an attachment to an acceptable wood fence design. Added metal fencing may not exceed the height of the wood fence. Screening material of any kind is prohibited.
(d) Stream Buffer Easement. The owner of the project shall secure all the necessary easements on a permanent basis, including a stream buffer easement for the stream buffer area included in the project design. The stream buffer easement shall provide for access to the buffer at reasonable times for periodic inspection by the City or its contractor or agent and shall require the property owner to ensure that the stream buffer is maintained in proper working condition to meet design standards and any other provisions established by this chapter. All easements shall be shown on the recorded plat granted by separate, recorded instrument and shall run with the land until they are lawfully released. (Ord. 20262 § 19, 10-6-20.)
Cross References:Public Works Department, TMC 2.20.100.