Sensitive Areas Waiver Request Form

Sensitive Areas Waiver Request Guidance

Sensitive Areas

Chapter 8:3.5 of the Johnson County Unified Development Ordinance defines nine sensitive areas that are considered environmentally, culturally, or historically significant.  The regulations set forth in this chapter place protections on these areas of environmental concern and significant features.  These nine areas include:

Critical Wildlife Habitat
Floodplain and Floodway
Historic Properties 
Prairie and Prairie Remnant
Savanna and Savanna Remnant
Significant Slopes
Stream Corridors, Watercourses, and Surface Water Bodies
Wetlands
Woodlands

Application of Regulations 

The following development and permit application types are subject to the Sensitive Areas regulations of chapter 8:3.5 of the Johnson County Unified Development Ordinance: 

Subdivisions and Site Plans
All development applications for preliminary, combined, or final plat, and Site Plan review must comply with the sensitive areas regulations.

Conditional Use Permits 
Conditionally permitted uses must comply with sensitive areas regulations if required either by chapter 8:1.24 of the Johnson County Unified Development Ordinance or as a condition of approval.

Grading Permits
All grading permit applications must comply with the sensitive areas regulations.

Sensitive Areas Assessment and Report

All development or use applications for which the Sensitive Areas regulations apply shall assess the development site for the presence of sensitive areas.  A Sensitive Areas Report detailing these assessments in accordance with Chapter 8:3.5., must be submitted for review and approval.   

No development application will be approved until full compliance with Chapter 8:3 is demonstrated via a submitted, reviewed, and approved Sensitive Areas Report.

No Conditional Use Permit which is subject to these regulations shall commence any site work until full compliance with Chapter 8:3 is demonstrated via a submitted, reviewed, and approved Sensitive Areas Report.

Submittal Materials and Guidelines

Sensitive Areas Report

A digital copy, in addition to a single hard copy, of the Sensitive Areas Report must be submitted with the initial development application. Refer specifically to subsection 8:3.5.B.1 for report requirements.

Sensitive Areas Plat Exhibit

If sensitive areas are present on a site, a Sensitive Areas Plat Exhibit, in accordance with Chapter 8:3.5, must be submitted as part of the Sensitive Areas Report. 

Mitigation Plan (as applicable) 

If impact to any sensitive area is proposed that exceeds mitigation thresholds, a complete mitigation plan must be submitted at time of development application. 

AutoCAD/GIS Data

If sensitive areas are present on a site, AutoCAD/GIS Data must be submitted to include, at a minimum, all sensitive areas, buffers and impact boundaries, as well as any established Conservation Easements/Limits of Disturbance. 

Request for Waiver

A waiver of the sensitive areas requirements may be approved if any of the conditions listed in chapter 8:3.5.A.6 are satisfied.  A waiver request form must be submitted along with supporting documentation. Waiver may be requested for some or all of the sensitive areas listed in section 8:3.5.  Requests must be made prior to filing a development application. 

If waiver is approved, the completed approved waiver request must be submitted with the development application. If a waiver is fully or partially denied - or if the waiver request only applies to a portion of the sensitive areas listed in section 8:3.5 - then a Sensitive Areas Assessment and Report should also be submitted with the application.

Sensitive Areas Waiver Request Form

Questions? Contact Planning, Development, and Sustainability at 319-356-6083.