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Bates City City Zoning Code

ARTICLE VI

Public Improvements

Section 400.440 Adequate Public Facilities Required.

[Ord. No. 5053, 4-30-2015]
A. 
Purpose. The purpose of this Section is to ensure that land proposed for development shall be served by public facilities, at the levels of service established by the City, which are adequate to support and service the area of the proposed development. Land shall not be approved for development unless and until adequate public facilities exist or provision has been made for the following essential public facilities: public safety, water service, wastewater treatment and disposal, stormwater management, electrical service, telecommunications service and transportation facilities. Public facilities shall be provided in a manner that is consistent with the Comprehensive Plan, this Chapter and other standards adopted by the City.
B. 
Requirements. New development shall provide adequate facilities and services to accommodate demands from proposed development in conformance with the minimum standards established by the City. Improvements shall be constructed in conformance with the provisions of these regulations. New development shall be timed and phased at a pace that will ensure the adequate provision of public facilities and services for proposed and future development. Each phased development project shall be designed so that the project is capable of functioning effectively and independently at completion of each phase. Adequate roadway facilities shall be provided concurrently with new development and shall be designed and constructed in conformance with applicable City standards. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The City may require the applicant of a subdivision to extend off-site improvements to reach the development.
C. 
Condition Of Approval. No development shall be approved unless such development has available adequate public facilities and services at the time that development approval is applied for, or such public facilities are contained within a fully funded capital improvement program or plan. Proposed public improvements shall conform to and be properly related to the City's Comprehensive Plan and all applicable capital improvements programs and plans, including the plans for roads, sewer, stormwater management, fire and water districts, school districts and other emergency service providers. Development approvals may be timed and phased where partial adequate public facilities are available.

Section 400.450 Water.

[Ord. No. 5053, 4-30-2015]
A. 
Before approval of a preliminary or final plat, the applicant shall demonstrate the adequacy and potability of water available for fire protection and domestic use in the subdivision. Construction and installation of the water system shall be the subdivider's responsibility. To determine adequacy of water availability for fire protection, the minimum fire flow requirements contained in the version of the International Fire Code that the City has adopted, including its amendments thereto, shall be used, provided that the Board of Aldermen may waive or modify this requirement provided that the Fire Protection District should be provided an opportunity to comment.
B. 
The size of the main shall be determined by a Missouri Registered Professional Engineer, with approval of the City, giving full consideration to future growth, fire protection and present needs.
C. 
Water mains shall be installed to within five (5) feet of the furthermost property line(s) as necessary to serve the development and future development(s).

Section 400.460 Wastewater Systems.

[Ord. No. 5053, 4-30-2015]
A. 
Design Standards. All habitable structures and buildable lots shall be served by an approved means of wastewater collection and treatment. The wastewater system shall be designed and constructed in accordance with Sections 2500 and 5500 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria (February 15, 2017, and April 17, 1996, respectively), unless otherwise modified by the Zoning Administrator. These design standards are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where recommended by the Zoning Administrator. Design flows shall be subject to approval of the Zoning Administrator for each particular development.
B. 
Off-Site Improvements. The developer of a parcel shall provide off-site improvements required to adequately serve a proposed development.

Section 400.470 Stormwater Management.

[Ord. No. 5053, 4-30-2015]
Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in peaks or velocity of downstream flooding. The City may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development. The stormwater management system shall be constructed in accordance with Section 5600 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria (February 16, 2011).

Section 400.480 Streets.

[Ord. No. 5053, 4-30-2015]
A. 
Arrangement of major streets in the development shall comply with APWA standards and conform as nearly as possible to the Comprehensive Plan and Major Street Plan, and provisions shall be made for the extension of major and secondary thoroughfares. Except for courts and culs-de-sac, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. No development approval shall be granted where adequate off-site transportation capacity is not available at time of development approval or contained within a fully funded capital improvement program or plan.
B. 
Streets shall be designed and constructed in accordance with Sections 2200 and 5200 of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria (February 15, 2017, and April 17, 1996, respectively), unless as otherwise stated in these regulations.
1. 
No development should be approved if such development, at full occupancy, will result in or increase traffic on an arterial or collector so that the street does not function at a Level of Service C or better. The applicant for any development projected to generate more than 500 vehicle trip ends per day may be required to submit a traffic impact analysis. If a TIA shows that a proposed development creates the need for additional off-site right-of-way or other improvement, the applicant may be required to provide right-of-way or improvement proportional to the demand created prior to development approval.
C. 
Minor streets should be so planned as to discourage their use by non-local traffic. Courts or culs-de-sac will be permitted where topography or other conditions justify their use and provisions shall be made for adequate traffic circulation. Culs-de-sac shall normally not be longer than five hundred (500) feet, including a turnaround which shall be provided at the closed end, with an inside curb radius of at least forty-five (45) feet that is within a right-of-way radius of not less than fifty-two (52) feet.
1. 
For residential uses, maximum block length shall be one thousand (1,000) feet but no more than fifteen (15) times the minimum lot width, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum.
2. 
For commercial and industrial uses, the maximum block length shall be no more than two-thousand two hundred fifty (2,250) feet.
3. 
Actual block length may be varied based on topography, drainageways, and existing surrounding streets. Pedestrian ways and/or easements through the block may be required to serve nearby public facilities.
D. 
There shall be an adequate number of points of ingress to and egress from the development to ensure sound traffic engineering design, smooth traffic flow into and out of all portions of the subdivision (based upon the projected traffic generation from the subdivision and projected traffic on streets adjacent to a subdivision), and the public's safety. In determining whether the development provides for an adequate number of points of ingress and egress, all relevant factors shall be considered, including, but not limited to, the following:
1. 
Residential Subdivisions. As a general rule, one (1) point of ingress to and egress from the subdivision should be required for each one hundred (100) dwelling units in the subdivision. Each required point of ingress to and egress from the subdivision shall be located so as to best serve the traffic generated by the subdivision.
2. 
Nonresidential Subdivisions. The adequacy of the number of points of ingress to and egress from nonresidential subdivisions shall be determined as a part of and based on the consideration of the site plan for the proposed development. The plat for such development shall show the same number of ingress and egress points as are shown on the approved site plan. If no site plan has been approved, all approvals of the preliminary plats shall be conditioned upon the final plat being consistent with the site plan with respect to the number of points of ingress to and egress from the subdivision.
E. 
Street Design Standards.
Street Classification
Design Standard
Arterial
Collector
Residential
Minimum ROW (feet)
80
60
50
Street Width (minimum) (back to back of curb) (feet)
44
36
28
Grade (maximum) (percent)
7%
10%
10%
Design Speed (mph)
40-55
25-35
15-25
Number of Traffic Lanes
2-6
2
2
Width of Traffic Lanes (feet)
12
12
12
Sidewalk (one side)
Required
Required
Required
Sidewalk Width (feet)
4
4
4
Curb and Gutter (both sides)
Required
Required
Required
1. 
Notwithstanding anything contained in these regulations to the contrary, the Board of Aldermen may waive or otherwise modify the requirement for installing sidewalks and curb and gutter when it deems necessary to achieve a "rural feel" to a proposed residential development and may instead allow the use of open drainage ditches. Vertical face curbs and gutters shall be installed. Roll back curbs may by permitted in areas along streets serving residences.

Section 400.490 Sidewalks.

[Ord. No. 5053, 4-30-2015]
A. 
A sidewalk shall be constructed on at least one (1) side of the street as designated during the platting process for all residential developments. Sidewalk requirements for all nonresidential developments shall be determined during the development process. Sidewalks in residential developments shall be constructed prior to the issuance of a certificate of occupancy, provided, however, that the City may waive or modify this requirement, including allowing the developer to contribute funds in-lieu-of construction. The design and installation of all sidewalks shall meet all state and federal requirements, including, but not limited to, the Americans with Disabilities Act. Sidewalks shall be constructed either in the right-of-way or within an appropriate easement, and shall be shown on the preliminary and final plats.
B. 
Sidewalks shall be concrete, shall conform to the applicable standards contained in these regulations and shall be a minimum of forty eight (48) inches wide and a minimum of four (4) inches thick with handicapped access at all intersections. Sidewalks shall normally be separated from the edge of the street by a grassy strip twenty-four (24) inches wide. All non-paved right-of-way shall be either sodded or seeded.

Section 400.500 Easements.

[Ord. No. 5053, 4-30-2015]
A. 
An adequate easement for utilities shall be provided along each side of a side line of lots and/or the rear line of lots where necessary for the extension of a water main or sewer lines or similar utilities. Width shall also account for unusual topography or for easements needed for multiple utilities to ensure the proper placement and maintenance of utility lines.
B. 
Except where prohibited by topography, utility easements shall be located on lot lines in the rights-of-way of streets, or in separate utility easements. The City may require all easements for drainage or sewer to be selectively cleared of undergrowth, trees and other obstructions by the applicant prior to final approval. No buildings or structures, except as necessary for utilities, shall be permitted within or on easements.
C. 
Utility easements shall connect with easements established in adjoining properties. Except as otherwise provided in these regulations, an applicant for a development approval shall ensure that adequate on-site and off-site easements are provided for future roadways, water, wastewater and other public utilities.
D. 
Utility easements shall be shown on the plat and dedicated in conjunction with recordation of the final plat.
E. 
Drainage easements for storm sewers may be required.

Section 400.510 Fire Hydrants.

[Ord. No. 5053, 4-30-2015]
A. 
All New Subdivisions Shall Have Fire Hydrants. The applicant shall be required to show the location of the fire hydrants on the construction plans. The fire hydrants shall be designed as follows:
1. 
Fire hydrants shall be located not more than six hundred (600) feet apart as measured by road frontage for residential structures and not more than three hundred (300) feet apart as measured by road frontage for commercial structures. No structure shall be constructed more than six hundred (600) feet, as measured in a straight line, from a fire hydrant. The location of the hydrants shall be approved by the Zoning Administrator. Fire hydrants shall be constructed in accordance with Section 2901.4 of the of the Kansas City Chapter of the American Public Works Association Standard Specifications and Design Criteria (December 19, 1984).

Section 400.520 Parks.

[Ord. No. 5053, 4-30-2015]
A. 
Park Land Dedication Requirement.
1. 
It shall be a condition of a final plat of a residential subdivision that each subdivider, developer or owner will be required to make to and at the discretion of the Board of Aldermen either:
a. 
Land donation; or
b. 
Cash in lieu of land donation.
B. 
Formula For The Dedication Of Land.
1. 
If dedication of land is selected, the dedication shall be by plat and/or deed. The amount of dedication required shall correspond to the density of the subdivision and shall be calculated off of the following formula:
DLR
=
DU x D x .02
DLR
=
Dedicated land requirement
DU
=
Number of dwelling units
D
=
Number of people per dwelling unit per the most recent U.S. Census figures for Lafayette County
0.02
=
Required acres per person based on 20 acres per 1,000 people
2. 
The projected population at full development shall be the criteria used to determine the amount of land to be donated. A formula of twenty (20) acres per one thousand (1,000) people (projected full development) will be used. The standard utilized is that set forth by the Missouri Statewide Comprehensive Outdoor Recreation Plan.
C. 
Suitability Criteria. All designated open space, parks or recreational facilities shall be of suitable size, location, dimension, topography and general character and shall have proper road and/or pedestrian access, as may be appropriate, to be usable open space, as follows:
1. 
The minimum land area for a dedicated parkland tract shall be one (1) acre. Parkland shall be in a single parcel unless there are physical features, such as a railroad or water, separating the proposed tracts. Two (2) or more tracts may be considered for subdivisions including at least five hundred (500) dwelling units.
2. 
Stormwater retention areas or detention basins which are required as part of these regulations shall not qualify as a public open space.
3. 
Water (including streams, rivers, ponds and lakes), marsh, floodplains and wetland acreages shall not be used to comply with the land requirement of this Section, except as provided for required trail improvements listed herein.
4. 
At least fifty percent (50%) of the gross area of any active open space required to be dedicated pursuant to this Section shall have a natural slope of four percent (4%) or less and shall not be located in an existing watercourse, drainage easement or water ponding area. In addition, that portion of the land must have a cover of six (6) inches or more of topsoil suitable for the seeding and cultivation of grass. If land proposed to be dedicated has a natural slope in excess of that required by this Subsection, but may be engineered to provide for a slope that meet the requirements imposed therein, the developer may engineer such land to satisfy the requirements of this Subsection.
5. 
Parkland shall be dedicated by the developer in a condition ready for full service with electrical, water and sewer access at the property line.
6. 
All land to be dedicated to the City for park purposes shall be shown and marked on the plat as "dedicated to the City of Bates City, Missouri, for park purposes."
D. 
Cash In Lieu Of Land Dedication.
1. 
Formula for cash in lieu of land.
CLL
=
DLR x APPA
DLR
=
Dedicated land requirement above
CLL
=
Cash in lieu of land
APPA
=
Actual purchase price per acre
a. 
The greater of ten thousand dollars ($10,000.00) or the actual purchase price of the amount of land to be donated shall be paid as the fee in lieu of actual donation. The actual purchase price of the property shall be reported to the City at the time of filing application for each final plat. Such reporting shall be required on a notarized disclosure form provided by the City.
b. 
If the City disputes such report of purchase price, the City may request information from the title company or bank listed on the disclosure form to establish conclusive evidence of the purchase price for the property.
E. 
Cash In Lieu Payment. The cash in lieu payment is due to the City at or prior to final signature certification by City officials of the final plat.
F. 
Certain Activity Prohibited. Following dedication of lands as provided herein, no person shall remove trees, vegetation or topsoil therefrom nor shall the lands be used for the purpose of stockpiling of earth or construction material or disposal of construction debris without the written consent of the Department of Parks and Recreation.

Section 400.530 Street Names.

[Ord. No. 5053, 4-30-2015]
The City shall install street name signs at all street intersections as the streets are accepted by the City. The cost of installation, including the signs and labor costs, shall be paid by the subdivider, if street signs are required. Developers may propose street names, but final naming authority rests with the Board of Aldermen.

Section 400.540 Street Lights.

[Ord. No. 5053, 4-30-2015]
A streetlight plan shall be designed by a registered professional engineer and approved by the Zoning Administrator. The City shall take the necessary steps in its capacity as a municipal corporation to secure placement of streetlights by the applicable franchised electric utility service provider. The subdivider shall be responsible for all costs of installation and all costs incurred by the City therein.

Section 400.550 Permanent Reference Points.

[Ord. No. 5053, 4-30-2015]
The subdivider shall cause a registered land surveyor to install permanent reference points on all perimeter corners of the property and shall tie all property corners to the quarter section. The construction and placement of permanent markers shall conform to the current State Regulations.

Section 400.560 Utility Lines.

[Ord. No. 5053, 4-30-2015]
A. 
In all subdivisions, power distribution lines shall be installed underground adjacent to lots proposed for residential, commercial or industrial use, except in the case of a lot split or a division of land or replat containing three (3) or fewer lots where overhead lines are in existence on abutting property. Power lines classed as transmission or three-phase feeder need not be placed underground. All installations shall be in conformance with the minimum standards and practices of the power company having jurisdiction.
B. 
Telephone Lines. In all subdivisions, telephone lines shall be installed underground adjacent to lots proposed for residential use, except in the case of a lot split or other division of land or replat containing three (3) or fewer lots where overhead telephone lines are in existence on abutting property.

Section 400.570 As-Builts.

[Ord. No. 5053, 4-30-2015]
A. 
As-built drawings must be received before acceptance of any improvement project by the City. The drawings must include results of a post-construction survey. The post-construction survey shall include the following:
1. 
Elevation of all sewer structures, including pipe inverts and structure top elevations;
2. 
Final adjusted stationing of all sewer structures and water line valves, hydrants and blow-off assemblies; and
3. 
Final adjusted contours as shown in the grading plans and emergency drainage plan.
4. 
As-built drawings must include a certification by a professional engineer licensed in the State of Missouri stating that the drawings are as-built and conform to construction records and post-construction survey information.

Section 400.580 Guarantee Of Completion Of Improvements.

[Ord. No. 5053, 4-30-2015]
A. 
A Certificate of Occupancy shall not be granted until the required improvements have been completed and accepted and a guarantee of completion has been furnished as required herein.
B. 
After the completion of such required improvements in an acceptable manner, as a guarantee that all public improvements have been done in a satisfactory manner, the subdivider shall provide a maintenance bond, letter of credit or other financial security in a form acceptable to the City in the amount of fifty percent (50%) of the total estimated cost of said improvements as determined by the Zoning Administrator. Said bond shall be required for two (2) years following the City's issuance of a certificate of final acceptance. The amount of the bond shall be filed with the City Clerk in an amount acceptable to the Zoning Administrator and in such form as accepted by the City Attorney. Approval of the bond form and submittal of the as-built drawings are minimum prerequisites to the issuance of a certificate of final acceptance.