Sensitive Areas

What is a Sensitive Area?

Chapter 8:3.5 of the Johnson County Unified Development Ordinance defines nine sensitive areas that are considered environmentally, culturally, or historically significant: 

  • 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

Chapter 8:3.5 places protections on these areas of environmental concern and significant features, and outlines applicability of the regulations, impact limitations/guidelines, sensitive areas identification criteria, as well as sensitive areas report, waiver request, protection, and mitigation requirements.  

What is a Sensitive Areas Report?

A Sensitive Areas Report is used to illustrate full compliance with Chapter 8:3.5.  The report documents the assessment of the proposed development site for the existence of each sensitive area.  This includes supporting information such as datasheets, figures, exhibits, and photos. The boundaries of any sensitive area(s) identified on site, and their buffers as applicable, must be shown on an accompanying Sensitive Areas Plat Exhibit, per 8:3.5.B.1. 

Chapter 8:3.5 provides the most comprehensive and recommended guidance on how to develop a sensitive areas report.

When is a Sensitive Areas Report Required?

All subdivision, Site Plan Review, and certain Conditional Use Permit applications are subject to Chapter 8:3.5.  Compliance with Chapter 8:3.5 must be illustrated via a Sensitive Areas Report. 

Subdivisions and Site Plans
Development applications for preliminary, combined, or final plat, and Site Plan Review must comply with the sensitive areas regulations, and submit a Sensitive Areas Report showing full compliance with Chapter 8:3.5 as part of the development application.  

Conditional Use Permits  
Conditionally permitted uses must comply with the sensitive areas regulations if required either by chapter 8:1.24 or as a condition of approval. No Conditional Use Permit which is subject to these regulations shall commence any site work until full compliance with Chapter 8:3.5 is demonstrated via a submitted, reviewed, and approved Sensitive Areas Report.

Grading Permits
All grading permit applications must comply with the sensitive areas regulations and submit a Sensitive Areas Report showing full compliance with Chapter 8:3.5 as part of the grading permit application.  No grading permit will issued without an approved Sensitive Areas Report or Sensitive Areas Waiver (see below).

No development application, Conditional Use Permit subject to 8:3.5, or grading permit will be approved or issued without an approved Sensitive Areas Report.

Sensitive Areas Materials Required with a Development Application
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 must be submitted as part of the Sensitive Areas Report. Please refer specifically to subsection 8:3.5.1. 

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.  Chapter 8:3.5. outlines the mitigation requirements for each individual sensitive area. 

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, applicable buffers, and impact boundaries, as well as any established Conservation Easements or Limits of Disturbance.

Request for Waiver

Some development applications are eligible to request waiver of the sensitive areas requirements, and in such cases waiver may be granted if certain conditions as listed in subsection 8:3.5.A.6 are satisfied. 

If an application type is eligible to request waiver, a waiver request form must be submitted along with supporting documentation. 

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 Report must be submitted with the application.

Sensitive Areas Waiver Request Form

 

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