The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Paola. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this ordinance are in compliance with the NFIP regulations.

Only limited uses are permitted in wetlands. Where structures are necessary to a permitted use and cannot be located outside the wetland, the structure shall be located on piles. Where needed, access shall be provided on structures such as boardwalks. Cases may exist where protection is not a reasonable alternative and mitigation is an acceptable solution. Farm ponds of less than three (3) acres shall not be considered wetlands by the City and may be filled, provided their stormwater capacity is preserved at another location on the same stream. The following regulations apply to wetland mitigation when such areas are to be filled or severely disturbed:

A.    Mitigation Permitted. Mitigation is permitted only under the following situations:

1.    In the D, TA, BP, and I Districts, the use intensity is so high that retained wetlands of less than two (2) acres will be degraded habitats, and may be isolated and thus serve no significant stormwater benefit. In these cases, filling shall be permitted where:

a.     A mitigation plan has been approved, designating the area in which the site is located as a mitigation area; or

b.    Mitigation will actually provide larger, more easily protected and managed on-site wetland areas. This provision permits consolidating many small wetlands into a single wetland management unit; and

c.     The wetlands to be mitigated are not, and cannot easily become part of an interconnected area that provides drainage and flood storage; and

2.    In all districts, where, due to parcel shape and interaction with topography, reshaping the wetland boundary is necessary to provide a reasonable building site, minor filling is permitted provided:

a.     Less than ten (10) percent of the wetland area or less than two (2) acres, whichever is less, is disturbed.

b.    High quality wetland areas are avoided.

3.    In all districts, where the wetlands are less than one quarter (0.25) acre and not connected to a stream or drainage corridor.

B.    Mitigation Standards

1.    All fill and mitigation shall meet this Ordinance’s requirements or a U.S. Army Corps of Engineers permit requirements, whichever are more stringent. In either case, a permit shall be required.

2.    The site plan shall be reviewed to determine if the need for mitigation can be reduced or eliminated by development redesign.

3.    All mitigation shall be calculated per acre of wetland filled as follows:

a.     Depressional, less than two (2) acres: one and one-quarter (1.25) acres of new wetland.

b.    Depressional, two (2) acres or more: one and one-half (1.5) acres of new wetland.

c.     Depressional wetland classified as high quality, regardless of size: two (2) acres of new wetland.

4.    The wetland area shall be replanted using hydric prairie (grassland), emergent vegetation, swamp trees and shrubs, and suitable seed bank soils for the wetland form and type to be created. A wetlands biologist or other professional with experience in wetland creation shall certify the planting plan.

Lake Miola is the City’s water supply reservoir. Its watershed area must be protected to limit the pollutant loading from all surrounding land uses. Its boundary shall be designated on the Zoning Map and shall have 300-foot waterbody buffers around the lake/reservoir and all stream channels up-stream of the lake. The following standards apply:

A.    The 300-foot buffer shall be planted in a mix of pasture grasses, prairie plants and trees (seventy [70] percent minimum coverage) to enhance the buffer’s absorption and filtering potential.

B.    In the area bounded by US 169, 287th Street, and Hedge Lane Road upstream of the dam, no septic systems shall be allowed. Elsewhere in the watershed, no septic systems shall be allowed within eight hundred (800) feet of the waterbody.

C.    Sewage lagoons shall only be allowed with the permission of the City and Kansas Department of Health and the Environment.

D.    Discharge from package plants shall be allowed in the Lake Miola watershed only with the permission of the City and Kansas Department of Health and the Environment.

E.    All developments shall maximize the amount of drainage conducted in natural swales rather than storm sewers. Stormwater systems’ discharge to streams or watercourses shall be by sheet flow through a grassland or discharge into a wetland and then the stream.

F.    All detention shall either be entirely within dry basins or planted to become wetlands. If wet basins are to be used as amenities, two (2) additional wetland basins shall be required for filtering- a wetland basin filtering the initial inflow, and another filtering at least thirty (30) percent of total detention at the discharge end.

G.    Industrial and commercial parking shall install oil separation devices in their drainage system.

The waterbody buffers shall meet the following standards (see Section 05.234 for Lake Miola watershed standards):

A.    Lakes and ponds

1.    The buffer shall be planted in a mix of prairie plants and trees (forty [40] percent minimum coverage) to enhance the buffer’s absorption and filtering potential.

2.    No septic systems shall be allowed within five hundred (500) feet of the waterbody.

3.    All developments shall maximize the drainage amount conducted in natural swales rather than storm sewers. Stormwater systems’ discharge to streams or watercourses shall be by sheet flow through a grassland or discharge into a wetland and then the stream.

4.    Industrial and commercial parking shall install oil separation devices in their drainage system. All detention shall either be entirely within dry basins or planted to become wetlands. If wet basins are to be used as amenities, two additional wetland basins shall be required for filtering- a wetland basin filtering the initial inflow, and another filtering at least thirty (30) percent of total detention at the discharge end.

B.    Rivers and streams

1.    The buffer shall be planted in a mix of prairie plants and trees (fifty [50] percent minimum coverage) to enhance the buffer’s absorption and filtering potential.

2.    No septic systems shall be allowed within five hundred (500) feet of the waterbody.

3.    All developments shall maximize the drainage amount conducted in natural swales rather than storm sewers. Stormwater systems’ discharge to streams or watercourses shall be by sheet flow through a grassland or discharge into a wetland and then the stream.

The following practices shall be required when developing steep slope areas:

A.    Permits shall require all earth work to be conducted between April 6 and October 1. This practice will enable a ground cover to be established after work completion.

B.    A ground cover, as approved by Staff, shall be placed on all exposed surfaces prior to October 1, or as the work is completed prior to that date.

C.    All slopes exceeding twenty (20) percent or where water flows can be anticipated shall have a protective cover to hold the seed or plants in place. All protective covers shall be approved by Staff.

D.    All plant materials should be approved by Staff as suitable for the area’s soils and exposure, growth, and coverage rate.

Trees may be cut over a greater area than permitted in Table 05.210 only if mitigation is provided and the following standards are met:

A.    A tree survey of the site’s forest is conducted. The best forests, in terms of percentage of climax vegetation, tree size, tree health, and habitat value, shall be preserved. The mitigation purpose shall be either:

1.    To permit large office type buildings typically requiring large areas. This purpose does not include grading the entire site, and parking should seek to preserve trees; or

2.    To maintain forest through a residential development.

B.    The protection level given forests shall not be less than that below:

1.    Mature forest protection may be reduced from sixty (60) percent to fifty (50) percent with mitigation.

2.    Young forest protection may be reduced from forty (40) percent to twenty (20) percent with mitigation.

C.    The land on which the mitigation is to occur may be on site where adequate land is available to achieve the required mitigation level. The land on which mitigation is to occur may be off site if within an approved mitigation bank area for upland mitigation. All land used for mitigation shall be placed under a conservation easement as permanent open space.

D.    Mitigation shall include planting one acre of new woodland for every one (1) acre of disturbed mature or young forest for which mitigation is required.

E.    The plant material in the mitigation area shall be determined based on a tree survey of the disturbed area (Table 05.237 E.).

Table 05.237E. STANDARDS FOR FOREST REPLACEMENT
DBH of Canopy Trees Removed	Replacement Canopy Trees
	Amount	Caliper
36” or larger	5	3”
24” -35”	3	3”
16” - 23”	3	2.5”
8” - 15”	2	2.5”
4” - 8”	1	2”
undesirable species	2	6 ft. whips
area requirement per acre	40	4 ft. whips

F.    The plant species used in mitigation shall be similar to those destroyed.

In addition to the open space protection, the drainageway area protected shall be kept open to provide continuous drainage corridors. Positive surface drainage in these areas shall be preserved. The protected area may be regraded and reshaped to provide for stormwater detention and drainage. The following standards shall apply:

A.    The drainageways shall be used as a natural positive surface drainage system. Any filling shall keep the drainageway continuous. Enclosed storm drainage to connect areas of drainageways shall be prohibited, except that culverts shall be installed at all road crossings.

B.    The areas shall be restored to a natural state using seed mixes as recommended by the agriculture extension agent.

C.    Where the protected area is to be used for a permitted open space use (Table 05.220), the use shall not interrupt the positive surface drainage flows.

D.    The following standards shall govern the design of detention or surface drainage systems in drainageways:

1.    The drainage shall be designed to slow the time of concentration on the site and retain maximum ground infiltration.

2.    Where flows permit, the channels shall be designed as grassed swales, wetlands, or mesic grasslands encouraging sheet flow, except in forests.

3.    In forests, narrow winding channels shall be used to reduce velocity and avoid trees.

4.    All wet basin retention ponds shall be designed to have natural edges using approved plant materials from Staff lists.

E.    The homeowners association shall maintain the drainageway to provide free movement of water and prevent flooding. The City may inspect these areas from time to time and require maintenance.

Various open space uses (see Table 05.220) are limited or conditional in nature. These uses present potential threats to the natural resource involved. This Division sets forth the standards required for approval. If present, limited or conditional use standards established in Table 03.110 A. still apply.

All conditional approvals of open space uses (see Table 05.220) requiring submitting an environmental impact assessment report shall have the report prepared by persons trained in the fields of biology, ecology, soil science, forestry, or other relevant professions. Mitigation cannot be used where the conflict can be avoided or minimized. The report shall contain the following criteria, given in order of preference:

A.    Avoidance. For such use, alternative sites or routes shall be identified that would not damage the resource or result in less resource damage. Reasons shall be provided explaining why using these sites is impossible or infeasible versus that proposed.

B.    Minimization. The applicant shall demonstrate that the plan minimizes the impact of the activity, route, or use on the resource. The applicant shall also demonstrate that the areas impacted shall be the lowest quality and result in the least damage to the resource.

C.    Mitigation. A mitigation plan shall be submitted indicating mitigation activities. Replacement is the most acceptable form of mitigation. However, mitigation can include restoration and enhancement after the use is abandoned. Mitigation by replacement on another site shall be at a ratio of two to one (2:1). Mitigation may also include enhancement; this ratio shall be four to one (4:1).

Commercial kennels and stables shall be permitted in the floodplain, provided the only element in the floodplain is outdoor enclosures and the enclosures are designed with a shelf upon which animals can take shelter that is located at least one (1) foot above the flood elevation. In no event shall the outdoor enclosures be located where there would be a depth of water exceeding two (2) feet. All other structures shall be outside the floodplain.

Nurseries in the floodplain and floodway shall be permitted. The area shall be disconnected from adjoining wetland areas and separated by a dike to control the water flow or sediment movement from the nursery to the surrounding wetlands. The following shall be required:

A.    A water control structure shall permit backflow into the nursery area.

B.    Water shall be discharged through a channel, grassed channel, or new wetland.

Golf courses shall be permitted on floodplains, wetlands, steep slopes, and forested areas provided that the following standards are met:

A.    Floodplains. Golf courses shall be permitted provided that there is no change in the flood elevation due to the construction. Tees and greens shall be above flood elevation.

B.    Wetlands. These shall be preserved. The course shall be designed so that wetlands are natural hazards. No filling will be permitted.

C.    Steep slopes. Areas of protected steep slope may be used as part of the golf course provided this does not involve the cutting of forest cover. If natural grass cover is to be disturbed, the earth work should be finished in less than sixty (60) days and a new vegetative cover installed immediately. Erosion control matting shall be used to reduce erosion and prevent the seed from washing out.

D.    Forests. No area of protected forest shall be used for golf courses if the tree cover is to be disturbed. Areas of mature forest where the trees are to remain may have undergrowth removed and be seeded in grass.

The playing courts shall be designed and located so as not to trap debris resulting in floodwater backups. No fill shall be permitted. Parking areas shall be gravel, or pervious paving blocks or grids. Paving shall not exceed five (5) percent of the floodplain area.

All trails in wetlands shall be elevated walkways. There shall be a minimum of eighteen (18) inches of clearance of the structure above the normal high water elevation.

Disturbances of resources with roadways or utility lines and easements shall be discouraged. The applicant must demonstrate no feasible alternative to crossing the resource exists and the route selected is the least disruptive.

Essential access shall be permitted only upon finding (in the Environmental Impact Assessment Report) that the access cannot avoid crossing waterbodies or floodways. If several properties in the area suffer the same problem, then the essential access shall be designed to serve all properties, and access easements shall be provided. Staff shall make every effort to gain the cooperation of all property owners, including financial sharing of costs. If adjoining property owners do not cooperate, the landowner making the improvements may submit a certified billing on the cost of the access. Subsequent essential access requests in the area shall be denied. The landowners shall be required to use the initial access and pay for their share of the documented expenses based on the number of dwellings or lots served.

Public interest and special events may involve significant numbers of people, equipment, and temporary structures; they may be permitted in the floodplain and floodway when Staff can determine that flooding during the event is unlikely. Such determination is accomplished by calculating the concentration time required for a 100-year storm to flood the property. No permit shall be issued if the time of concentration is less than four (4) hours. In no case shall a permit be issued if the depth of water would exceed two (2) feet. A preliminary permit may be issued up to one hundred (100) days prior to the event. The final permit may be revoked if the Zoning Officer determines that stream flow conditions and weather conditions are favorable for flooding.