Hays City Zoning Code

CHAPTER 9

Subdivision Design and Land Development

Sec. 9.1.101 Purpose

General Scope. This Section sets out regulations for the substantive review of subdivision plats to be applied in addition to the other applicable land development standards of this Code.

Purpose. The purpose and intent of this Code is to provide for:

Harmonious development of the community;
Provide for the proper location and width of streets, building lines, open spaces, safety and recreational facilities, utilities, easements, drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth, and area and the compatibility of design;
Require and fix the extent to which and the manner in which streets shall be graded and improved, and water, sewer, drainage, and other utility mains and piping or connections or other physical improvements shall be installed;
Provide for and secure the actual construction of such physical improvements;
Implement the Comprehensive Plan;
Provide for light, air, and other spaces for the public; and
Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the Comprehensive Plan.

Effective on: 8/31/2016

Sec. 9.1.102 Application

Generally. The provisions of this Section are intended to guide the application of the other standards, or provide limited relief from them in specific circumstances, in order to encourage development design that implements the Comprehensive Plan and to enhance the overall quality of life in the City.

Application and Jurisdiction. The owner of any land located within the jurisdiction of this Code subdividing the land into two or more lots and blocks or tracts or parcels, for the purposes of laying out any subdivisions, suburban lots, building lots, tracts or parcels, or any owner of any land establishing any street, alley, park or other property intended for public use, or for the use of purchasers or owners of lots, tracts, or parcels of land fronting thereon or adjacent to, shall cause a plat to be made in accordance with this Code, unless exempted in Subsection C., below.

Exemptions. This Code shall not apply in the following instances:

The division of land for agricultural purposes into parcel or tracts of five acres or more, and not involving any new streets or easements of access and not affecting major streets according to the thoroughfare plan;
A change in the boundary between abutting parcels which does not create an additional lot;
Land used for street or railroad right-of-way, a drainage easement, or other public utilities subject to local, state, or federal regulations, where no new street or easement of access in involved;
Whenever any lot, parcel, or tract of land has been subdivided, resubdivided, or replatted prior to the adoption of this Code;
Any transfer by operation of law;
A parcel or tract of land in the Agricultural (A-L) district less than five acres deeded to a child of either or both owners of the original tract to be utilized for residential purposes subject to the following conditions:
1. Prior to constructing a residence on such tract or parcel, the owners shall obtain a certificate of zoning compliance (see Section 11.2.301, Certificate of Zoning Compliance).
2. All structures shall maintain the setbacks as set out in Chapter 3, Density, Intensity, Bulk, and Scale.
3. All tracts or parcels shall meet the minimum lot area requirements of Chapter 3, Density, Intensity, Bulk, and Scale.
4. Each child shall be entitled to only one such tract or parcel.

Deed Restrictions. The Planning Commission shall have the right to confer with the subdivider regarding the type and character of development that will be permitted in the subdivision, and may require that certain minimum regulations regarding this matter be incorporated into the covenants, conditions, and restrictions (CCRs). Such regulations shall be intended to protect the character and value of the abutting development of the property which is being subdivided.

Effective on: 8/31/2016

Sec. 9.1.201 Development Design Principles

Generally. It is the policy of the City that the principles of this Section be applied to the maximum extent possible without imposing restrictions that reduce the density or concentration of development that is permitted on the parcel proposed for development. The City may require modifications to proposed site plans or subdivision plats that otherwise conform to the standards in order to enhance the quality of the design in accordance with the qualitative principles of this Section. The standards of this Section shall be applied and interpreted in the context of the other applicable standards that are set out in other sections of this Code.

Compatibility. The proposed site plan or subdivision plat shall be designed in a way that:

Provides appropriate space for buffers and transitions between incompatible land uses or obvious changes in density or intensity alongside and rear lot lines;
Provides appropriate vehicular and pedestrian linkages between residential uses and nonresidential uses, providing access while protecting neighborhood integrity;
Protects neighboring property from adverse storm water runoff;
Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses;
Minimizes interference with existing access to abutting and nearby properties, unless new and improved access is provided by the parcel proposed for development; and
Does not materially reduce the level of service of public utilities that are provided to surrounding development.

Storm Water Management and Flood Damage Prevention. The parcel proposed for development, including buildings and streets, shall be located away from critical drainage areas.

Future Adjacent Development. The parcel proposed for development shall be designed in a way that shows how future development of abutting parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages and utilities.

Landscaping. The subdivision landscaping layout shall promote the zoning district's qualities and character and meet or exceed the standards therein. Bufferyard landscaping shall be located to achieve the screening objectives and, where possible, enhance open space objectives beyond the minimum requirements.

Effective on: 8/31/2016

Sec. 9.1.202 Lots

Generally.

New Lots. New lots shall be dimensioned according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods. The size, shape, and orientation of lots shall be appropriate to the zoning district of the parcel proposed for development and to the type and required buildable area of development contemplated.
Platting. Lots are required to be platted unless specifically exempted by this Code. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking lots, loading facilities, landscape areas and buffering, and other required site improvements or open space areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this Code.

Shape and Area.

Minimum Lot Area. The minimum lot area shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Side Lot Lines. Side lot lines shall be 60 to 90 degrees from the street right-of-way line on a straight street or from the tangent of a curved street. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources or open space.
Streetside Setbacks. Street side setbacks on corner lots shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.

Access and Frontage.

Frontage Width. The width of the required lot frontage shall not be less than the required lot width as set out in Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Residential Lots (except mixed use and multi-family). Generally, new single-family detached and single-family attached residential lots shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley. Through lots shall take access from the side from which the address is assigned.
Nonresidential, Mixed Use, and Multi-Family Lots. Nonresidential, mixed use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for vehicular turnaround.

Depth. The maximum depth of all residential lots shall not exceed two and one-half times the width of such lot.

Double Frontage Lots. Double frontage lots shall be avoided unless, in the opinion of the Planning Commission, a variation to this rule will give better street alignment and lot arrangement.

Orientation to T-Intersections. The building envelope of lots at the terminal end of a T-intersection shall be offset from the centerline of the terminated street in order to mitigate the impacts of oncoming traffic on the use of the lots.

Drainage Ways. Lots shall not encroach on any drainage way or drainage right-of-way.

Areas of Special Flood Hazard. New residential lots that are intended for conveyance into private ownership shall be platted outside the designated areas of special flood hazard, unless such arrangement is not feasible (including through the use of a different neighborhood type that allows for smaller lots).

Effective on: 8/31/2016

Sec. 9.1.203 Blocks

Generally. The length, width, and shape of blocks shall be determined with regard to the following:

The provision of adequate building sites suitable to the particular zoning district and the needs of the type of use contemplated;
The required lot widths, lot areas, and required open space for the parcel proposed for development, as set out in Chapter 3, Density, Intensity, Bulk, and Scale;
The need for convenient access, circulation, control, and safety of street traffic;
The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
Limitation and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.

Dimensions. Blocks shall be dimensioned according to the following standards:

Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross-traffic adequately and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,200 feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian access easements through the block may be required in the block. Such easements shall have a minimum width of 10 feet.
Width. In residential development, the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. In certain instances, however, a different arrangement may be required in order to provide better circulation or to protect a major circulation route. Blocks intended for nonresidential or industrial uses shall be of such width and depth as may be considered most suitable for the prospective use.

Relationship to Existing Arterial and Collector Streets. Residential blocks shall be designed so that lots are not oriented for access from arterial or collector streets. Marginal access streets may be approved, if necessary, for the efficient layout of lots on a parcel proposed for development, provided that:

Access to the marginal access street meets the access management requirements of this Code; and
The following bufferyards are provided between the marginal access street and the abutting arterial or collector street:
1. Collector streets: Type A bufferyard; and
2. Arterial streets: Type B bufferyard.

Effective on: 8/31/2016

Sec. 9.1.204 Easements

Generally. During development approval, the City may require the granting of a variety of easements on private property or lots. These easements may be for any of the following, or other approved, purposes:

Utilities;
Fire protection;
Police protection and other emergency services;
Access to public utilities or drainage areas;
Drainage and storm water best management practice applications;
Pedestrian access; and
Natural resource or open space conservation.

Utility Easement. Utility easements shall be provided where necessary and shall normally be located adjacent to the lot line of an individual lot. All easements shall be at least ten feet in width.

Drainage Easements. If a subdivision is traversed by a watercourse, drainageway, or channel, then a stormwater easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourses and shall be of such width or construction, or both, as may be necessary to provide adequate stormwater drainage and for access for maintenance of such easement. Parallel streets or parkways may be required in connection with such easement. No overhead utilities shall be allowed to run parallel with a drainage easement. No buried utilities shall be allowed to run under the main channel unless specifically approved by the City. The developer's engineer shall make a study, which shall be reviewed by the City Engineer who shall report their recommendation to the Planning Commission as to the desired width of such easement. Such study and report shall be based on the 100-year flood depth.

Storm Water Best Management Practice Easements. Storm Water Best Management Practice easements shall be placed on lots for detention of storm water, to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open spaces as topography and grading dictate.

Fire Protection Easements. Rear fire protection access easements, where necessary to provide adequate protection for the structure, shall be improved as appropriate for fire protection equipment, as determined by the adopted Fire Code.

Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Article 6.2, Streets, Sidewalks, and Trails.

Conservation Easements.

The City may require conservation easements to preserve open space and to protect natural resources that this Code requires to be protected.
Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or property owners' association.
All conservation easements shall run in favor of three parties:
1. All lot or unit owners in the development; and
2. A non-profit organization such as a land trust; and
3. The City.
The conservation easements shall be in a form approved by the City Attorney.

Encroachments and Removal of Encroachments. No permanent encroachment or structures shall be allowed to be located within the area of any easement required by this Section. While the City or utility benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structures, fences, landscaping or other improvements placed upon such easements. The City and/or utility shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.

Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

Effective on: 8/31/2016

Sec. 9.1.205 Open Space Design

Generally. This Section is designed to achieve the open space requirements of bufferyards, resource protection, recreation, stormwater management, and preservation of community character in order to insure the proper balance of use, design of urban areas, and avoidance of overcrowding of land.

Design.

Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the parcel proposed for development.
Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
Open space shall be designed to provide greenways along drainage corridors and streams, if applicable to the parcel proposed for development. The landscaping along corridors or streams shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the parcel proposed for development.
Formal open spaces shall be designed to provide areas of focus within the development.
Floodplains can be used as open space to provide buffers between incompatible land uses.

Effective on: 8/31/2016

Sec. 9.1.206 Streets

Generally. This Section sets out the general subdivision and land planning considerations for the layout and alignment of streets. The design objectives, criteria, and dimensional requirements for streets, cul-de-sacs, and alleys are provided in Article 6.2, Street, Sidewalks, and Trails.

Conformity to the Comprehensive Plan. The location and width of all arterial and collector streets shall conform to the Comprehensive Plan.

Alignment of Subdivision Streets with Existing Streets.

Streets shall be configured as required by Division 6.2.200, Street Standards.
Streets shall, to the extent practicable, align with existing streets, and be given the name of the streets with which they align, or shall be offset the minimum distance specified in Division 6.2.200, Street Standards, relating to jogs, offsets, reverse curves, and alignments.

Alignment of Local Streets with Arterials and Collectors. Generally, local streets shall be either:

Perpendicular to arterial or collector streets; or
Loop streets, reverse frontage roads, or cul-de-sacs (which are limited by Section 6.2.203, Cul-de-Sacs). See Figure 9.1.206, Local Street Orientation.

Figure 9.1.206
Local Street Orientation

Width of Public Ways. The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Division 6.2.200, Street Standards.
Grades and Curves of Public Ways. The grades of streets, alleys, and other public ways included in any subdivision shall not be greater than is necessary for the topographical conditions and shall be subject to the approval of the Director of Public Works. All changes in street grade shall be connected by vertical curves of such length as to provide for desired sight distance as set out in the American Association of State Highway Officials' Geometric Design Standards and shall be subject to the approval of the Director of Public Works.

Effective on: 8/31/2016

Sec. 9.1.207 Utilities

Generally.

All developments shall make provision for water, sewer, stormwater, electric, natural gas, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents.
All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.

Capacity. Where a parcel proposed for development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that are extended to the parcel proposed for development. Where the parcel proposed for development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.

Potable Water Line Loops. Potable water lines shall be looped unless a variance to this Code is allowed by the Director of Utilities.

Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.

Common Use Easements. Wherever possible, the City shall require compatible utilities to share easements (see Section 9.1.204, Easements).

Effective on: 8/31/2016

Sec. 9.1.208 Improvements

Required Improvements. The subdivider of a proposed subdivision shall install, or provide for the installation of the following facilities and improvements:

Streets and Alleys.
1. All streets and alleys, including curb and gutter, within the City shall be surfaced in accordance with the standards set by the City.
2. All streets and alley within the City's extra-territorial jurisdiction area shall be surfaced with an all-weather surfacing in accordance with the standards set by the County Public Works.
Water Service.
1. Where reasonably available, a public water supply system or its equivalent shall be provided in accordance with the standards of the City and adopted Fire Codes.
2. In all other areas, a water supply approved by the County Environmental Services/Planning and Zoning Office or rural water will be permitted.
Sewer Service.
1. Where reasonably available, a public sewerage system including laterals for sanitary sewers, shall be provided in accordance with the standards of the City.
2. In all other areas, a sewage treatment system shall be provided subject to the approval of the County Environmental Services/Planning and Zoning Office.
Other Improvements. Where other improvements are required, such as tree planting, retaining walls, drainage structures, etc., such improvements shall be made in accordance with the recommendations of the Planning Commission and specifications of the City.
Cost. All improvements shall be furnished, installed, and constructed by the developer at no cost to the City. An escrow account, administered by the City Clerk/Finance Office may be required for the City to accept off-site improvements (e.g., street intersections, signal improvements, left turn lanes, etc.) that are required by this Code (see Subsection A.4., above).
Plan Requirements. Plans and specifications for the improvements herein set out shall be prepared by a registered professional engineer according to prevailing standards required by the City.
Improvement Conflicts. Where plans and specifications have been approved by the City and a conflict arises, the City’s engineering standards shall prevail, unless otherwise approved in writing by the City.

Exceptions for Existing Improvements.

Existing Subdivisions.
1. Meet Minimum Standards. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this Article and are in good condition as determined by the City, no further provision need be made by the subdividers to duplicate such improvements.
2. Do Not Meet Minimum Standards. Where such existing improvements do not meet the requirements as set out, the subdividers shall provide for the repair, correction, or replacement of such improvements so that all improvements will then meet the requirements.
Existing Public Streets. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way of roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Code.

Improvements Required of Developer. Any permanent improvement constructed and to be constructed upon any real estate herein shall include sidewalks upon all properties fronting along any and all streets and such sidewalks shall be constructed in accordance with the plans and specifications of Article 6.2, Streets, Sidewalks, and Trails, and further comply with any other sidewalk regulations adopted by the City.

Construction Improvements. No improvements shall be constructed nor shall any work preliminary to such improvements be done until such time as a final plat and the engineering drawings accompanying it shall have been approved and there shall have been compliance with all the requirements of the City.

Utility Upgrade Agreement. The City may require that the applicant upgrade the capacity of municipal utility lines in order to provide adequate facilities to future development in the area of the proposed development.

Submission of Development Plan.

At the time the final plat is presented to the Planning Commission for approval, the subdivider shall also present to the Planning Commission a development plan for the entire subdivision. This plan shall show the proposed location, size, and dimensions of all water lines, sewer lines, streets, street signs, sidewalks, alleys, storm sewer lines, bridges, culverts, pumping station, water treatment plants, stormwater best management practices, and sewage treatment plants which will be needed in the subdivision. The plan must further show the location, size, and dimensions of all existing public facilities which will have to be extended into the subdivision.
To expedite approval of the development plan, the subdivider or his engineer shall review the plan with City staff prior to presenting it to the Planning Commission for approval.
At the time the development plan is presented to the Planning Commission, the subdivider shall declare whether he or she is going to utilize Storm Water Best Management Practices, and is going to extend, install, locate, and construct any or all of the following:
1. Water lines;
2. Sewer lines;
3. Streets;
4. Street signs;
5. Alleys;
6. Sidewalks;
7. Storm water infrastructure;
8. Bridges;
9. Culverts;
10. Pumping stations;
11. Water treatment plants; and
12. Sewage treatment plants.

Review of Plans. The City, official, or agency responsible for determining specifications and standards, shall review all engineering drawings in order to determine whether such drawings are consistent with the approved plat and comply with design standards.

Inspection.

Generally. All improvements constructed or erected shall be subject to inspection by the City or responsible official for setting and enforcing the application design and construction standards of the required improvement.
Cost. The cost attributable to all inspections required by this Section shall be charged to and paid by the subdivider.
Notification. The subdivider shall give at least 48 hours written notification to such official prior to the performance of any of the construction work.
Inspection Procedures.
1. Compliance: After notice is received as specified in Subsection I.3., above, the responsible official may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications.
2. Non-Compliance: If, in the opinion of the official, such work does not comply with the final drawings, he/she shall have the authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies; the subdivider shall again notify the official as provided in Subsection I.3., above.

Final Inspection.

Notification. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the official according to Subsection I.3., above, who shall there upon conduct a final inspection of all improvements installed.
Defects or Deficiencies. If such final inspection indicated that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider in writing of such defects, deficiencies, or deviations and the subdivider shall, at his/her sole cost and experience, correct such defects or deviations within six months of the date of notification.
Corrections. When such defects, deficiencies, or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection.

Report to City. If a final inspection indicates that all improvements as installed contain no defects, deficiencies, or deviations, within 10 days from the completion of such inspection, the official shall certify to the City Manager, the City Commission, and utility that all improvements have been installed in conformity with the engineering plans and specifications accompanying final plan.

Acceptance of Improvements. Upon receipt by the City Manager of the certificate of the official that all improvements have been installed in accordance with the engineering drawings, as approved, and in conformity with the requirements of this Section, and all other applicable statues, ordinances, and regulations, the City Commission shall by resolution, or utility company or County Commission by letter, formally accept such improvements. The improvements shall become the property of the City Commission, County Commission, or utility company.

Effective on: 8/31/2016

Sec. 9.1.209 Naming and Numbering

Street Names.

Naming Conventions. Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of existing street. In no case shall the names for proposed streets duplicate existing street names, irrespective of the use of the suffix street, avenue, broadway, boulevard, driveway, place, or court. In order to avoid duplication, the subdivider should consult with the Zoning Administrator.
Approval of Street Names. It is the intent of this Code to discourage the use of a name for both a through street and a cul-de-sac, circle, etc. All street names shall be approved by the Planning Commission.
Verification.
1. Proposed street names shall be checked by the applicant to ensure that names of existing or planned streets within the City and within the extra-territorial jurisdiction area of Ellis County are not duplicated.
2. No street names shall be approved which will duplicate or be confused with names of existing streets in the City or within the extra-territorial jurisdiction area of Ellis County unless the new street is an extension of, or in alignment with an existing street.

Property Numbering. Property numbering shall be in accordance with Article X, Uniform Addressing System, of the City's Code of Ordinances.

Effective on: 8/31/2016

Sec. 9.1.210 Concept Plan and Development Phasing

Generally. A parcel proposed for development may be developed in phases, with each phase separately platted. In such cases, the applicant shall submit a concept plan with the first application for preliminary plat approval. The concept plan shall show compliance with this Code by showing:

The general arrangements and sizing of streets and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval;
The general location of drainage facilities;
The general location of protected natural resources and open spaces; and
The general location of proposed uses and housing types.

Consistency with Concept Plan. In considering each subsequent phase shown on a concept plan, the Planning Commission may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include, but are not limited to, temporary alley and street extensions, temporary cul-de-sacs and off-site utility extensions.

Effective on: 8/31/2016

Sec. 9.1.211 Building and Property Lines

Generally. No building permits shall be issued for construction of buildings that cross property lines, except as provided in Subsections B and C., below.

Lot Consolidation. If a building is proposed to cross property lines that is not otherwise an exception to the limitations of this Section, as set out in Subsection C, below, and if the abutting lots or parcels are under control of the applicant, then the applicant may:

Unify the title to the lots or parcels by having prepared a separate legal instrument, approved as to form by the City Attorney;
Submit the separate legal instrument together with an application to the City for a lot consolidation permit; and
Upon approval of the lot consolidation permit by the Zoning Administrator, properly file and record the legal instrument with the Ellis County Register of Deed within 15 calendar days of approval.

Exceptions. Buildings may cross property lines if it meets all of the following:

The buildings are designed with individual dwelling units or nonresidential spaces that are intended to be conveyed to different owners (e.g., duplexes, triplexes, townhouses, and individual units in strip shopping centers); and
The individual dwelling units or spaces do not cross property lines, except at the centerline of dividing / party walls; and
Appropriate party / dividing wall and building maintenance provisions are recorded (these may be included in property owners' association covenants, conditions and restrictions (CCRs) that are required by Section 9.1.402, Required Property Owners' Association) to allocate maintenance responsibilities and address risk of loss and reconstruction.

Effective on: 8/31/2016

Sec. 9.1.301 Standard Development

Generally. As set out in Section 3.1.201, Standards of New Neighborhoods, standard neighborhoods follow the traditional style of development, where most of the land is comprised of a single housing type with small amounts of open space (see Figure 9.1.301, Illustrative Standard Neighborhood, below).

Minimum Design. New standard neighborhoods or residential subdivisions shall meet the applicable requirements of Division 9.1.200, General Requirements for Development Design, and should be designed to be compatible with existing homes, businesses, and neighborhoods, and with the natural characteristics of the area, and the following.

Housing Types. New standard neighborhoods are limited to single-family detached dwellings.
Open Space. Open space is generally utilized for bufferyard, recreation, and drainage purposes.
1. If a standard neighborhood exceeds 150 units, it shall be designed as multiple identifiable "neighborhoods" with distinct boundaries.
2. Lots shall be configured so as to maximize the number of lots that are within 1,320 feet of useable open space (e.g., park, trail, etc.), if applicable.

Figure 9.1.301 Illustrative Standard Neighborhood

Application and Process. All applications for standard development require the submittal and approval of a subdivision plat.

Effective on: 8/31/2016

Sec. 9.1.302 Planned Developments

Generally. As set out in Section 3.1.201, Standards of New Neighborhoods, new planned developments offer more flexibility in site design by combining smaller and averaged lot sizes combined with multiple housing types in a planned community. These types of neighborhoods set aside more common open space, provide greater protections of natural resources, and have potential for higher densities than standard neighborhood development. New planned developments shall meet the applicable requirements of Division 9.1.200, General Requirements for Development Design, and the following:

Clustered Neighborhood. On parcels proposed for development where the developer chooses to provide only single-family detached housing on clustered lots, the following shall apply (see Figure 9.1.302A, Illustrative Clustered Neighborhood, below).

Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
Stormwater Management. Stormwater management facilities should be designed using low impact development best management practices so that these areas are amenities to the subdivision.
Other Required Areas of Open Space. Other areas of open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material enhance natural resource management.
Dwelling Units. Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least the following distances:
1. One to four lots: as required for individual lots;
2. Five to 20 lots: 75 feet; or
3. 21 or more lots: 100 feet.
Lots. Lots shall, where appropriate, be adjacent to or in near proximity to the following:
1. An amenity such as a park or greenway;
2. An existing or restored resource such as a meadow, woodlands, stream or waterbody.

Figure 9.1.302A Illustrative Clustered Neighborhood

Planned Neighborhood. On parcels proposed for development where the developer chooses to provide more than one housing type (e.g., single-family detached and single-family attached housing) and areas of common open space are the organizing feature, the following shall apply (see Figure 9.1.302B, Illustrative Planned Neighborhood, below).
1. Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
2. Connectivity. Streets should continue to neighboring properties so as to provide a continuous street network so that traffic does not have to return to collector or arterial streets to move between residential areas. Cul-de-sacs should not be used that will reduce access to adjoining properties unless there are physical barriers (e.g., floodways, Interstate, etc.) that make such connectivity impracticable.
3. Access. Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also a local street, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street.
4. Compatibility with Abutting Housing. Where a planned neighborhood abuts, is adjacent to, or is located across a local street from existing housing, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
5. Separation of Housing Types.
  1. Single-Family Detached Housing. Where single-family detached housing abuts single-family attached or multi-family dwelling units on the same parcel proposed for development, a Type A bufferyard shall be used to provide for enhanced compatibility between the single-family detached dwellings and other housing types.
  2. Single-Family Attached Housing. Different forms of single-family attached housing types (e.g., duplexes, triplexes, townhouses), should be integrated together (without a bufferyard), as opposed to located within separate, disconnected pods.
  3. Multi-Family Housing. Multi-family housing may be integrated or separated from single-family attached housing with or without a Type A bufferyard separation.
  4. Off-Site Residential Uses. New single-family attached or multi-family uses shall be separated by a Type B bufferyard, or a district bufferyard, whichever is greater, from areas of single-family detached housing located in abutting off-site development.

Figure 9.1.302B Illustrative Planned Neighborhood

Application and Process. All planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.303 Mixed Use Planned Development

Generally. As set out in Section 3.1.301, Nonresidential and Mixed Use Development Standards, new mixed use developments offer more flexibility in site design by allowing both residential and nonresidential uses to be combined into a single, integrated development. This could include both horizontal and vertical mixed uses. New mixed use planned developments shall meet the applicable requirements of Division 9.1.200, General Requirements for Development Design, and the following:

Minimum Number of Housing Types. Mixed use planned developments shall include a minimum of three housing types, as set out in Table 3.1.202A, Single-Family Detached Lot and Building Standards and Table 3.1.202B, Single-Family Attached and Multi-Family Lot and Building Standards. Not more than 75 percent of the dwelling units shall be single-family attached or multi-family housing types.

Development Standards.

Uses. Only those uses allowed in the M-U or C-3 district, respectively, are permitted in a mixed use planned development.
Lot Building Standards. Standards for maximum building height; minimum lot area and width, and minimum setbacks are set out as follows:
1. Section 3.1.202, Lot and Building Standards for Individual Housing Types per residential dwelling type for residential-only portions of the parcel proposed for development; or
2. Section 3.1.301, Nonresidential and Mixed Use Development Standards for nonresidential and mixed use portions of the parcel proposed for development.
Mix of Uses. Mixed use planned developments shall be comprised of the following minimums:
1. Twenty-five percent residential;
2. Twenty-five percent nonresidential; and
3. Twenty-five percent vertical mixed use.
Residential.
1. Mixed use developments may also include attached residential dwellings as part of a mixed use building where office or nonresidential uses are located on the first floor and residential uses are located on the upper floors.
2. Residential dwelling units shall be prohibited on the first floor of mixed use buildings.
3. The maximum residential gross density for multi-family or mixed use buildings (mix of residential and nonresidential in the same structure) shall be based on the floor area ratio (FAR) set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards.
4. The presence of a home occupation in conjunction with a residential use does not constitute a mixed use, multi-tenant development.
Pedestrian Circulation, Walkways, and Trails.
1. A pedestrian circulation system shall be included in a mixed use planned development in the M-U and C-3 district, respectively, and should be designed to ensure that pedestrians can walk safely and easily throughout the development, without having to walk or utilize the street for travel. The pedestrian system should provide connections between properties and activities or special features within common areas and need not always be located along streets. If the pedestrian system intersects a public or private street within the development, “pedestrian crossing” signs shall be posted.
2. A trail system may be provided in any areas of open space in conformance with the provisions set out in Sec. 9.1.505, Open Space Reservation, Preservation, and Dedication. The system should be designed to minimize disturbance of the site with regard to the natural drainage system and topography. To the maximum extent feasible, natural materials should be used in the construction and maintenance of the trail system.
3. When the parcel proposed for development abuts a public trail, park, or recreation area, the development shall provide pedestrian access from the development to the public area by way of connecting walkway, trail, boardwalk, or bridge.

Application and Process.

All applications for a mixed use planned development shall be for property that is under common ownership, or if under several ownerships, the application shall be filed jointly by all owners of the parcels proposed for development within the proposed mixed use planned development boundaries.
All mixed use planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.304 Manufactured Home Park or Subdivision

Generally. Manufactured home parks and subdivisions shall be designed according to the standards of Division 9.1.200, General Requirements for Development Design, and this Section.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of a manufactured home park or subdivision is five acres.
Maximum Extent of Manufactured Home Park or Subdivision. The maximum extent of a manufactured home park or subdivision is 15 acres.

Site Design. Manufactured home parks and subdivisions shall meet the following site design standards:

Lot Dimensions. Lot dimensions shall be as provided in Division 3.1.200, New Neighborhood Development Standards.
Park or Subdivision Access and Circulation.
1. No vehicular entrance to, or exit from, any manufactured home park or subdivision, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
2. The entrance to the manufactured home park or subdivision shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
3. The interior roadway shall be in accordance with the standards for public or private local streets and shall not include dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
4. All manufactured home spaces shall front upon a private or public roadway of not less than 24 feet in width, including curbs on each side; provided.
Lot or Space Access. Each manufactured home lot or space shall have direct access to the interior roadway.
Off-Street Parking. The number of off-street parking spaces per manufactured home lot shall be in conformance with Division 5.2.100, Parking and Loading Calculations.
Lighting. Lighting shall be provided for interior roads and walkways.
Laundry and Maintenance Buildings. Laundry and maintenance buildings (for use by residents only) may be included in the site design.
Recreation. When manufactured home parks or subdivisions are established:
1. Recreational areas shall be provided which shall be a minimum of 10 percent of the overall parcel proposed for development, exclusive of streets and parking areas; and
2. A portion of that area shall be improved for recreational use prior to the owner/operator starting operations.
Required Bufferyard. All manufactured home parks or subdivisions shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque masonry fence or wall (see Division 4.1.400, Bufferyards).
Utilities. All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes
2. Each manufactured home lot or space shall be within 500 feet of a fire hydrant, except where NFPA Standard #501A allows a different spacing.
Maintenance. All grounds in the manufactured home park or subdivision shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
Pedestrian Circulation. Common walks shall be provided for pedestrian access, especially at office and facility entrances.
Patios and Storage. Each manufactured home space shall be provided with a paved patio of not less than 200 square feet and a storage locker of not less than 100 cubic feet. The lockers shall be designed in a manner that will enhance the park or subdivision and shall be constructed of weather-resistant materials.

Recreational Vehicle Spaces. Any manufactured home park or subdivision that was lawfully under construction or in operation prior to the adoption of this Code, is allowed to maintain the recreational vehicle (RV) spaces that existed prior to that date. Manufactured home parks or subdivisions that are created after that date shall not include spaces for recreational vehicles, nor allow recreational vehicles, boats, etc. to be located on site.

Site Plan. A site plan is required showing conformance with each of the site design criteria detailed in this Section, as well as other applicable requirements of this Code which will be used for review and consideration by the applicable administrative body having jurisdiction. The site plan shall comply with the following additional requirements:

Contours at intervals of one foot;
Located in a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water; and
Each manufactured home space shall be clearly defined by street name and number.

Expansion or Modification of Existing MHPs or Subdivisions.

Re-review Required. Any enlargement (e.g., size of property or additional manufactured home lots or spaces, etc.) or modification of site layout of an existing manufactured home park or subdivision shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any manufactured home park or subdivision shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Plat Notation. A note shall be added to the plat stating that only single wide or double wide manufactured homes are allowed, and that double wide manufactured homes shall not be allowed on lots designed for single wide manufactured homes.

Water Supply.

An accessible, safe, and potable supply of water as approved by the State Health Department shall be provided in each park or subdivision. If a public water supply is reasonably available to the park or subdivision, it shall be used.
Individual water service connections shall be provided at each manufactured home space.
When a private water supply is provided, it shall provide for adequate water supply with minimum flow rates of four gallons per minute for each of the first five manufactured home spaces, an additional two gallons per minute for each additional space for the next 10 spaces, and additional one and one-half (1.5) gallons per minute for each additional space for the next 25 spaces, and an additional one gallon per minute for each additional space thereafter. Such system shall provide a minimum of 20 pounds per square inch of pressure at all connections provided.

Sewage Disposal.

Individual sewer connections shall be provided for each manufactured home space and shall be in accordance with all codes and regulations regarding such systems. If a public sewer system is reasonably available to the park or subdivision, it shall be used.
All sewage systems shall be designed by a licensed professional engineer and shall be submitted to the Utilities Director for approval.
When the sewer lines of the park or subdivision are not connected to a public sewer, a sewage treatment plant or sewage disposal system approved by the City or the engineer having jurisdiction shall be provided.

Effective on: 8/31/2016

Sec. 9.1.305 Recreational Vehicle (RV) Parks

Generally. Recreational Vehicle (RV) Parks shall be designed according to the standards of this Section.

Purpose and Intent. The City Commission finds that RV parks can contribute to the City's long-term economic and social well-being if they are properly located, designed, and maintained to protect the health, safety, and general welfare of the RV park users, abutting properties, and the City as a whole.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of an RV park is two acres.
Maximum Extent of RV Park. The maximum extent of a RV park is 10 acres.

Site Design. RV parks shall meet the following site design standards:

Location.
1. The park shall be located on a well-drained site, properly graded for rapid drainage and freedom from stagnant pools of water, so that soil conditions, groundwater level, drainage and topography do not constitute hazards to the residents' health and safety.
2. RV parks shall maintain a 1,320 foot separation from each other.
Maximum Density. The maximum site density for RV parks shall be 20 spaces per acre, where only one recreational vehicle is permitted per recreational vehicle space.
RV Spaces. Each recreational vehicle space shall comply with the following:
1. Minimum Space Area. A minimum of 1,250 square feet RV space in area and 25 feet in width by 50 feet in depth is required consisting of:
  1. Permanent RV Parking Pad. No less than 10 feet in width by 24 feet in depth shall be used to construct a permanent parking pad consisting of concrete, gravel, asphalt, crushed rock, or similar material; and each parking pad shall be separated by at least 10 feet from any other parking pad.
    1. Small RV Pads. Parking pads for small RV's shall be no less than 10 feet in width by 24 feet in depth;
    2. Large RV Parking Pads. Parking pads for large RV's shall be no less than 12 feet in width by 36 feet in depth; and
  2. Non-RV Off-Street Parking Space. Each RV space shall have a minimum of one off-street parking space for a vehicle that is not the recreational vehicle.
2. Space Marker. A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway;
3. Accessory Structures. Individual RV spaces are not allowed to have accessory structures (e.g., awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).
RV Park Access and Circulation.
1. The entrance of the internal private roadway shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
2. The internal private roadway shall have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
3. No dead-end streets unless a cul-de-sac is installed in accordance to City specifications for nonresidential cul-de-sacs.
Lot Access. Each recreational vehicle space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
Required Facilities. Each RV park shall install and maintain the following required facilities:
1. Office. An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
2. Laundry and Maintenance Facilities. A laundry and maintenance building shall be included in the site design.
3. Off-Street Parking. Each RV park shall provide a common guest parking lot consisting of one parking space for every five recreational vehicle spaces.
4. Sanitary Facilities. The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. One additional sanitary facility shall be provided for each 10 additional RV spaces. Facilities for males and females shall be separate and located within a permitted building.
  1. Toilets. One toilet for each sex for every 40 RV spaces;
  2. Washbasins. One washbasin shall be provided within the bathroom for every two toilets provided; and
  3. Showers. One shower for each sex per every 40 RV spaces.
5. Design and Maintenance of Sanitary Facilities. Design and maintenance of the sanitary facilities shall be in accordance with the following:
  1. Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing;
  2. The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.
  3. Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
  4. Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times.
  5. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
  6. Sidewalks shall be required around all sanitary facilities connecting to the internal private roadway.
  7. Not located nearer than 25 feet from a RV space or a property line.
  8. No RV space shall be located more than 600 feet from the building.
  9. All lavatories, bathtubs, and showers shall be connected to both hot and cold running water.
  10. Facilities shall maintain a temperature of 70 degrees Fahrenheit.
Lighting. All common buildings and access thereto shall be well lit both inside and out during the night hours and the lighting design shall be in conformance with Division 5.4.100, Lighting.
Required Bufferyard. All RV parks shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a minimum six-foot tall opaque fence or wall but shall not exceed more than eight feet in height (see Division 4.1.400, Bufferyards). The requirement of a six to eight foot wall or fence when abutting residential lots may be exempted if the distance requirement set out in Table 2.2.302, Residential Limited Use and Exception Standards.
Solid Waste Collection. Centralized solid waste collection shall be in accordance with the provisions set out in Section 10.2.105, Solid Waste Collection.
Utilities. In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of this Code.
1. Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management plan is required in conformance with Division 9.2.300, Storm Water Management.
2. Water System. All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then the water supply system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed as follows:
  1. A master water meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. A reduced pressure principal backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
  3. Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least three-fourths inch.
  4. Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
  5. A shut off valve below the frost line shall be provided on each branch line.
  6. The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
  7. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
3. Wastewater System. All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then the system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:
  1. Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas tight seal when connected to a recreational vehicle or have a gas tight seal plug when not in service.
  2. The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be water tight.
  3. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
  4. Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
  5. The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
  6. The responsibility of the City stops at the lot line.
  7. Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
4. Electrical System. All common buildings and RV spaces shall be provided with a connection to the local electrical provider's electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be installed as follows:
  1. A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the local electrical provider, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
  3. The location of all underground lines shall be clearly marked by surface signs at approved intervals.
  4. Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply.
  5. Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weather-proof outlet box.
  6. A water-tight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes.
2. Each RV space shall be within 300 feet of a fire hydrant. .
3. In RV parks in which gasoline, fuel, oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the provisions of the Standard Fire Prevention Code.
4. Bottled gas shall not be used at individual RV lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place.
5. All fire rings, wood burning stoves and other forms of outdoor cooking shall be located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance.
6. Approaches to all RV spaces shall be kept clear at all times for access by firefighting equipment.
Maintenance. In conformance with the landscape surface ratio (LSR) of the district, all grounds in the RV park shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.

Site Plan. A site plan is required showing conformance with each of the site design criteria detailed in this Section (including all proposed on-site utilities, rights-of-way/easements and roadway configuration, storm drainage, recreational vehicle space layout, building improvements, fencing, buffering, lighting, and signage), as well as other applicable requirements of this Code which will be used for review and consideration by the applicable administrative body having jurisdiction.

License. The owner/operator is required to hold a valid license issued annually from the City to operate an RV park in the City in accordance Section 11.2.308, Recreational Vehicle (RV) Park License.

Operations. The owner/operator shall collect the following information as part of the registration process for each person renting an RV space in the RV park:

Name;
Full address of permanent residence;
Automobile and recreational vehicle license plate number and the state in which each is registered;
Photocopy of the driver's license of the primary tenant;
The number or letter of the designated space being rented; and
The date of arrival and departure.

Expansion or Modification of Existing RV Parks.

Re-Review Required. Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Inspections. The Building Official shall have the power to enter, during normal operating hours, upon any private or public property with the purpose of inspecting and investigating conditions relating to the enforcement of this Section.

Suspensions.

Notice. Whenever, upon inspection of any RV park, the Building Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Building Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set out in the notice, the Building Official will suspend the RV park license and give notice of such suspension.
Cessation of Operations. Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park.
Appeal. The suspension of the license may be appealed to the Board of Zoning Appeals.

Abandonment and Restoration.

Plan. In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Building Official showing evidence of a pending lease/sale agreement or a plan of action setting out how the site's improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24 month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Building Official, whichever comes first.
Restoration. If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 9.1.401 Required Property Owner's Association

Required Property Owner's Association. As set out in Division 9.1.400, Covenants, Conditions and Restrictions, any subdivision or development for which compliance with the standards of this Code or with conditions of approval requires a continuing obligation (e.g., to own and maintain common open space) shall be subject to a mandatory property owners' association and a recorded declaration of covenants, conditions, and restrictions (CCRs) that ensures such continuing compliance.

Incorporation of Property Owners' Association. If required by this Code, or required as a condition of approval, the applicant shall incorporate a property owners' association that will bear responsibility for ensuring continuing compliance with this Code and conditions of approval.

Effective on: 8/31/2016

Sec. 9.1.402 Required Covenants, Conditions, and Restrictions

Required Covenants, Conditions, and Restrictions (CCRs).

Required. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of CCRs for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense.
Limited Waiver. Developments that are approved under unified ownership and control are not required to have CCRs, provided that a single property owner is responsible for the ongoing compliance of the parcel proposed for development with the requirements of this Code and any conditions of approval. However, a development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities, or individual residential lots) until required CCRs are recorded and have been accepted by the City.
Timing. The applicant shall provide proposed CCRs to the City:
1. Upon filing the application for plat approval; or
2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require CCRs shall be contingent upon approval of the CCR document by the Zoning Administrator).
Plat Annotations. Where a plat is required, the CCRs shall be referenced on the plat. If the plat is recorded prior to the CCRs being recording, the plat shall contain a note that the parcel proposed for development is subject to CCRs.

Limited Review of Incorporation Documents and CCRs. The City shall approve only those CCRs that relate to the development approval, and its right of enforcement shall extend only to those matters and matters that substantially bear upon them. The City will not seek to intervene in purely private disputes about CCRs. The City Attorney shall review the incorporation documents and CCRs to ensure that the provisions are included in a form that is acceptable to the City Attorney.

Effective on: 8/31/2016

Sec. 9.1.403 City Maintenance of Association Property

Generally. The City may (but is under no obligation to) provide any maintenance for any item that is otherwise required to be maintained by the property owners' association as provided herein.

Maintenance Charges to Association. The covenants, conditions, and restrictions (CCRs) shall include a provision that authorizes the City to:

Notify the property owners' association through its designated agent, or if the designated agent is unknown to the City, through notice to individual owners of record, that property within its control requires maintenance to meet the standards of this Code or the conditions of approval of the development or subdivision;
After not less than 10 business days following notice to the association, perform (or cause to be performed) the required maintenance without liability to the association or individual owners; and
Charge the association for the maintenance, or to charge individual lot owners (pro rata according to their share of obligations for dues) for the costs of the maintenance, including an administrative charge, in any of the following ways:
1. By including the charge in the water and sewer utility billing from the City of Hays Utility Services; and
2. By enforcing payment or compliance by other provisions of law.

Policy Regarding Maintenance Charges. If the City provides notice pursuant to CCRs that incorporate the requirements of Subsection B., above, then the City will allow the association to perform the required maintenance if:

The association or lot owner(s) provides sufficient written assurances that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the City Engineer;
The City is paid its administrative costs for sending the notice; and
The required maintenance is performed.

Effective on: 8/31/2016

Sec. 9.1.501 Form of Dedication

Generally. The purpose of this Division is to ensure that the needs of different land use types in the City are met with respect to regional, local, and on-site infrastructure, to cooperate with other agencies, to promote sound local and regional planning and development, and to ensure that new development provides its proportionate fair share of regional improvements for public parks, public schools and other public purposes to the extent that the facilities will serve the future occupants of new development.

Dedications. All dedications of public improvements, including regional and subdivision improvements, shall be made in a form approved by the City Attorney. Dedications of park and school sites shall be shown on the site plan and plat for the parcel proposed for development. Other dedications shall be shown on the site plan or plat unless the City determines that another form of dedication (e.g., a recorded easement) is more appropriate.

Open Space Parcels. Land areas that are used to satisfy open space ratio requirements shall be shown as separate parcels on plats. The open space parcels (e.g., parks, greenways along drainage corridors and streams, floodplains), as set out in Section 9.1.505, Open Space Reservation, Preservation, and Dedication, shall be restricted to open space uses by plat restrictions or separately recorded covenants, conditions, and restrictions.

Effective on: 8/31/2016

Sec. 9.1.502 Streets and Rights-of-Way

Generally. Streets, alleys, and other rights-of-way within parcels proposed for development shall be appropriately dedicated for the purposes they are intended to serve.

Perimeter Streets; Dedication. Where the proposed subdivision abuts upon an existing street or half-street that does not conform to the right-of-way standards of Article 6.2, Streets, Sidewalks, and Trails, or to the adopted thoroughfare plan, whichever provides for a wider pavement section, the subdivider shall dedicate right-of-way width sufficient to make the full right-of-way width conform to said Article.

Effective on: 8/31/2016

Sec. 9.1.503 Drainage and Storm Water Best Management Practice Easements

Generally.

Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, the applicant shall provide an easement or right-of-way with a location that is substantially the limit of such watercourse, plus additional width to accommodate future maintenance and pedestrian access needs.
Where conditions require, there shall be provided an adequate stormwater best management practice easement. Where such easement is adjacent to lots, tracts, or reserves, the easement shall be noted on the final plat as follows: "The easement indicated shall be maintained by the property owner and kept clear of fences, buildings, planting, and other obstructions to the operation and maintenance of the drainage facility, and abutting property shall not be permitted to drain into this easement except by approved means."
These areas may be suitable for trails, walkways, multi-use paths, or other pedestrian type paths which are used for connectivity to other neighborhoods, public amenities, or major destinations.

Drainage Facilities. Drainage facilities shall be provided and constructed at the expense of the subdivider pursuant to the City's drainage policy, master plans, and as specified by the City Engineer.

Dedication Required.

Dedication of drainage ditch easements (including ditches, swales, berms, pipes, culverts, etc.) shall be made in accordance with the following:
1. Thoroughfare plan;
2. Master plan(s); and
3. Kansas Department of Transportation (KDOT) regulations.
In the event of demonstrated site constraints, the drain ditch shall be reserved on the subdivision plat as a drainage easement. The easement shall include provisions that, when necessary, it will be used for roadway improvements at no cost to the City and that no other improvements shall be constructed within the easement.

Effective on: 8/31/2016

Sec. 9.1.504 Public Utilities Easements

The location and width of necessary public utility easements shall be determined by the City Engineer; or, in the instance of private utilities, by the private utility company concerned, as set out in Section 9.1.204, Easements.

Effective on: 8/31/2016

Sec. 9.1.505 Open Space Reservation, Preservation, and Dedication

Purpose. All residential subdivisions shall provide for the reservation or dedication of land for open space, for either public recreational use or for the future use of the residents of that subdivision. The purpose of this open space is to ensure the proper balance of use and design of urban areas and avoidance of the overcrowding of land.

Applicability. The provisions of this Section shall include and apply to newly platted areas, as well as those being replatted, but shall not include those areas coming under the lot split provisions of Sec. 11.2.504, Lot Splits.

Reservation of Open Space.

Generally. Where common open space is provided in a parcel proposed for development and/or subdivision and such open space is to be owned and maintained in accordance with Subsection E.2, below, such open space shall be termed as "open space reservations." Such reservations of open space shall be permitted by the City Commission, providing that the following standards are met:
1. That yards, court areas, setbacks, and other open areas required to be maintained on private lots by this Code, or the City's Code of Ordinances, shall not be included in the computation of such common open space, except as provided for in Subsection A.2., Location of Private Lots, below;
2. That the ownership and maintenance of the open space is adequately provided for by recorded covenants, conditions, and restrictions (CCRs), as applicable, and that the use of the open space is restricted for park and recreational purposes which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Commission;
3. That the proposed open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as shape, topography, geology, access, and location of the private open space land.
Location on Private Lots. Open space may be located on private lots if all of the following are demonstrated:
1. The parcel proposed for development has fewer than 20 dwelling units and is not a planned neighborhood.
2. Bufferyards and other open space areas are identified on the plat as landscape easements that must be maintained by either a property owners' association or the owner of the lot that is subject to the easement.
3. The maintenance requirement is included in the CCRs that apply to the property. The CCRs shall provide that the maintenance requirement is enforceable by the City and may not be amended without the consent of the City Commission. A copy of the CCR's shall be submitted to the City for review and acceptance prior to final approval.

Dedication of Open Space.

All new residential subdivisions shall dedicate an amount of open space as determined by the open space ratio set out in Table 3.1.201, Residential Development Standards, except the following:
1. Those complying with Subsection C., above;
2. Those coming under the lot split provisions set out in Section 11.2.504, Lot Splits;
3. Replatted areas; and
4. Those areas within the corporate limits as of December 31, 1976.
The amount of land required to be dedicated by a subdivider pursuant to this Section, shall be determined by multiplying the required minimum open space ratio by the gross acreage of the parcel proposed for development.

Preservation of Open Space.

Open Space Securely Held. Open space shall not be developed or redeveloped once established.
Responsible Parties. Common open space shall be placed in an easement, and may be owned in the following ways:
1. Dedication to the City, provided the City Commission shall have the final decision to accept and the right to refuse such offers of dedication;
2. Through a special district formed through K.S.A. 12-6a28;
3. A duly recorded covenant of easement whereby the City is a party to the easement, as authorized by motion of the City Commission;
4. A duly recorded conservation easement that is dedicated to a City approved private, non-profit organization, (e.g., land trust) that is capable of managing the open space in perpetuity; or
5. In common by a homeowners', condominium, or property owners' association, with an easement dedicated to all property owners within the association.

Amount of Cash or Land Contribution in Lieu of Land Dedication. The City shall have the right to accept or refuse the dedication of land for park and recreational purposes. In the event the City refuses land dedication, the subdivider may opt to fulfill the requirement by one or a combination of the following methods:

The subdivider may make a cash contribution based upon the general land value (land value per acre) and an improvement value (improvement value per acre) of the amount of land which would otherwise be required to be dedicated. The fair market value shall be determined prior to the submission of the final plat by one of the following methods:
1. The City and the subdivider agree as to the value (general land value plus improvement value); or
2. If the subdivider and City cannot agree, the subdivider, at his/her expense, may obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the property. The appraisal shall state the fair market value of such property assuming that the final plat (or, if no plat is required, site plan) is approved, assuming that the dedicated site is improved with the public improvements and water and sewer facilities required for such dedicated sites. The City shall approve the appraisal if it is found to be credible. If the appraisal is rejected, then the general land value shall be applied for the purpose of calculating fees-in-lieu. The appraisal shall only be valid for a six-month period. If the final plat is not completed within the appraisal validation period, the subdivider shall revalidate the value as set out in this Section.
3. The fees-in-lieu shall be calculated as the land value per acre and improvement value per acre, as set out in Subsection 1., above, times the number of acres of land which would otherwise be required to be dedicated.
The subdivider may deed to the City, by separate instrument, lots which are equivalent in value to the amount of land which would otherwise be required to be dedicated. The fair market value of the lots which are to be deeded shall be determined by the following:
1. By agreement between the subdivider and the City; or
2. If the subdivider and City cannot agree, the subdivider may, at his/her expense, obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the platted lots.
The subdivider may provide for a mix of land dedication, improvements, or fees-in-lieu. Land that is dedicated shall not be included in the calculation of the fees-in-lieu but shall be included in the calculation of improvement unless the land is improved by the owner/subdivider to City standards.
No deeding of partial lots shall be accepted by the City. In the event that the value determination results in a fraction of a lot, the subdivider shall fulfill the obligation by either a cash contribution or the deeding of an additional lot. (Code 2000, § 16.24.040)

Obligation of Land or Value Obtained from this Section.

All land required to be dedicated to the City as set out in this Section shall be dedicated for park, open space, and recreational purposes and shall be so indicated on the final plat.
All land reserved as set out in this Section shall be reserved for park, open space, and recreational purposes and shall be so indicated on the final plat.
The use of cash contributions received as set out in this Section shall be as follows:
1. All cash contributions received shall be placed in a trust account created by the City for that area where the subject land is located. All cash contributions received under this provision shall be utilized within a seven-year time period from the date of the cash contribution. The following are the areas of the City:
  1. Area 1: The area located west of Vine Street (Highway 183).
  2. Area 2: The area located east of Vine Street (Highway 183).
2. The funds in each area trust account shall be spent within that area for capital improvements only (land acquisition and development) and shall not be available for operational and maintenance costs.
In such instances where land is deeded by a separate instrument in lieu of actual dedication or cash contribution, the land shall be placed in the hands of the previously described area trust, and any value received from the sale, rental or lease of such lands shall be placed in the trust fund. Any lands deeded to the City as a result of this Section shall not be utilized for any public or private purpose other than park, open space, and recreation, unless proper value has been transmitted to the special trust fund. (Code 2000, § 16.24.050)

Documents to Accompany Submission of a Final Plat.

Restrictive covenants prepared in accordance with Subsection C, above, shall be submitted with the final plat.
All cash contributions, as required, shall be submitted with the final plat.
All deed transfers completely executed by the applicant and approved by the City Attorney shall be submitted with the final plat. (Code 2000, § 16.24.060)

Permitted Uses and Functions. Common open spaces may be put to the following uses or functions, subject to any applicable standards of this Division, and other applicable sections of this Code.

Park, Open Space, and Recreational Uses.
1. Ball fields, golf courses, nature areas, picnic areas, and play courts are allowed in designated common open space areas, provided that the provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 15 percent of the designated open space area and no structures are allowed within the floodplain or floodway.
2. Nature centers are allowed in designated common open space areas, provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 20 percent of the designated open space area.
3. Pools are allowed in designated common open space areas, provided that if a pool house is present, it is less than 1,500 square feet in floor area.
4. Trails and associated structures necessary for trail crossings are allowed in designated open space areas, including the floodplain.
5. Passive recreation uses.

Other Permitted Uses and Functions.

Agricultural Uses. Where agricultural and outdoor nursery / greenhouse, wholesale uses are allowed by Section 2.2.205, Agricultural, Industrial, Utility, Transportation, and Communication Uses, the area of land put to agricultural and outdoor nursery / greenhouse, wholesale uses is counted as common open space. In other districts, noncommercial production of crops (e.g., orchards or garden plots that are an amenity to development) is allowed in designated open space areas.
Landscaped or Natural Systems.
1. Landscaped areas or natural areas.
2. Floodplains and floodways.
3. Waterbodies.
4. Watercourses.
5. Wetlands.
Public Facilities.
1. Public utilities.
2. Stormwater management facilities subject to the standards of Division 9.2.300, Storm Water Management.
3. Solar arrays and wind energy conversion systems (WECS) that comply with Section 10.2.104, Solar Arrays and Wind Energy Conversion Systems (WECS), as applicable, are allowed in designated open space areas that are not floodplains.

Effective on: 8/31/2016

Sec. 9.1.601 Mapping Criteria

Generally. The following shall be used for mapping natural resources or other features of subdivision plats or site plans, or other as otherwise required by this Section. In general, boundaries shall be measured as follows:

Measurements for the boundary are to be made horizontally, perpendicular from, or radial from, any feature or point.
Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.

Waterbodies and Watercourses.

Floodplains. All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exist on the site. Such delineation shall be by a registered professional land surveyor.
Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
Other Waterbodies/Watercourses. Initial identification of other watercourses/waterbodies not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and site plans.

Soils. For the planned construction of roads, pads, elevated structures, foundations, piers and septic tanks are to be used, soils shall be delineated by on-site testing of the soils to determine soil boundaries.

Geology. A Geologic inventory shall include depths to metamorphic and sedimentary rock deposits and layers; depths to groundwater table, aquifer and wellhead recharge zones.

Topography. Topographic lines shall be at one-foot contour intervals unless such intervals are impractical due to essentially flat topography.

Vegetation. Vegetation shall be measured by the canopy line for the determination of areas of woodlands or trees. Other vegetation types shall be measured from the middle of the vegetation transition.

Effective on: 8/31/2016

Sec. 9.1.602 Monumentation

Generally. Monuments shall be placed as required by the City Engineer prior to the final acceptance of the plat by the City to mark the following:

Lot corners, points of curvature, points of tangency, and reference points.

Monument Requirements. The following guidelines apply to artificial monuments to be set:

Permanent monuments consisting of an iron metal must have at least one-half-inch outside diameter and must be at least two feet in length (longer in soft or unstable soil). Concrete monuments must be at least three inches in width or diameter by 24 inches in length, reinforced with an iron rod at least one-fourth inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
Temporary monuments on existing concrete, stone, or steel surface must consist of drill holes, chisel marks, or punch marks and must be of sufficient size, diameter, or depth to be definitive, stable, and readily identifiable as a survey monument. Marks on asphalt streets may consist of railroad spikes, large nails, "PK nails," or other permanent metal spikes or nail-like objects.
Wooden stakes shall not be set as permanent boundary monuments.

Monument Installation. Monuments must be set vertically whenever possible and the top must be reasonably flush with the finished grade when practical. Monuments subject to damage from earthwork, construction, or traffic should be buried at a sufficient depth to offer protection. Permanent monuments may be installed after improvements are complete to avoid disturbance of monuments during construction.

Witness Monuments. When physically impossible to set a monument at the corner, witness monuments shall be set when possible, preferably on each converging line at measured distances from the corner and identified as such in the description and on the plat of the property.

Benchmarking. For all subdivisions of five lots or more, a permanent benchmark shall be accessibly placed, the elevation of which shall be based on mean sea level as determined by the U.S. Geological Survey (USGS) and accurately noted on the subdivision plat. Such permanent benchmark shall be brass capped, set in concrete, with a minimum dimension of six inches in diameter, four feet long with a flat top. The top of the brass monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade stamped with one-half inch numbers.

Effective on: 8/31/2016

Sec. 9.2.101 Purpose

In order to promote the public health, safety, and general welfare of the citizens of the City, this Article is enacted for the general purpose of assuring the proper balance between the use of land and the preservation of a safe and beneficial environment. The maintenance, improvement, and protection of the stormwater drainage system of the City necessitates the prevention of the discharge of contaminated stormwater runoff and illicit discharges from industrial, commercial, residential, and construction sites into the stormwater drainage system. The establishment of regulations in this regard is necessary not only to facilitate compliance with state and federal standards and permit by owners for construction sites within the City, but also to enable the City to comply with all federal and state laws and regulations applicable to the National Pollution Discharge Elimination System (NPDES). More specifically, the provisions of this Article are intended to reduce property damage and to minimize the hazards of personal injury and loss of life due to flooding, to be accomplished by:

Establishing major and minor stormwater management systems;
Defining and establishing stormwater management controls and practices; and
Establishing guidelines for attenuating or avoiding flooding within the City from the cumulative effects of increased volume and peak discharge of surface water runoff (see Article 9.3, Flood Damage Prevention).

Effective on: 8/31/2016

Sec. 9.2.102 Application

Applicability. The provisions of this Article shall extend and apply to all land and existing or proposed improvements within the corporate limits of the City and to all substances entering the municipal stormwater drainage system generated on any developed and undeveloped lands within the corporate limits of the City, unless explicitly exempted under the provisions of this Article.

Post Construction Controls. Post Construction Controls. Post construction stormwater controls include water quality treatment and flood control. As it relates to this section Sec. 9.2.102 only, “the act of disturbing land” applies to land that is currently pervious. Post construction stormwater controls are required in the following circumstances:

1.
For properties in the major system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection B, Major System:
1. a.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.
2.
For properties in the minor system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection C, Minor System:
1. a.
  When any property or larger common plan of development will add 10,000 or more square feet of impervious area, it shall ensure that post-development runoff from the five-year, 25-year and 100-year storm event results in no increase in peak flow rates from the entire site, in accordance with the most recently adopted "Design Criteria Storm Drainage Systems and Facilities."
2. b.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.

Pollution Prevention. Stormwater pollution prevention for properties in the major and minor system:

1.
When any property will disturb greater than 1,000 square feet, there shall be required a stormwater pollution prevention plan before a building permit is issued.
2.
The stormwater pollution prevention plan shall detail construction site Best Management Practices that prevent the illicit discharge of prohibited substances, as detailed in Sec. 9.2.205, Drainage Permits and Prohibited Acts, Subsection C, Specific Illicit Discharges Prohibited, into the municipal stormwater drainage system.

Management Plan. Any person proposing to construct buildings develop land, make improvements to existing buildings or projects, grade land within the area described in this Subsection, or take any action the net effect of which will cause a change in existing stormwater runoff, shall make application to the City Engineer for approval of a stormwater management plan and issuance of a drainage permit as specified in this Article. No land shall be graded, developed, or improvements constructed except upon issuance of a drainage permit, unless exempted under the provisions of this Article.

Permit Issuance. Any person required to have construction stormwater permit coverage to discharge stormwater associated with construction activities shall make application to the Kansas Department of Health and Environment (KDHE) for issuance of a permit. (Ord. No. 3832, §§ 1, 2, 4-14-2011; Ord. No. 3896, § 1, 2-26-2015)

Effective on: 1/25/2024

Sec. 9.2.103 Interpretations

The provisions of this Article are intended to supplement the other provisions of this Code. In their interpretation and application, the provisions of the regulations of this Article shall be held to be the minimum requirements for the promotion of public health, safety and general welfare. (Ord. No. 3832, §§ 1, 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.104 Relationship to Other Laws

The regulations of this Article shall not be construed as abating any action now pending under, or by virtue of, prior existing regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person as waiving any right of the City under any section or provision existing at the time of adoption of the ordinance from which this Article is derived, or as vacating or annulling any rights obtained by any person by lawful action of the City, except as shall be expressly provided for in the regulations of this Article. (Ord. No. 3832, §§ 1, 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.105 Conflicts with Public and Private Provisions

Public Provisions. The regulations of this Article are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this Code imposes restrictions different from those imposed by any other ordinance, rule or regulation or other provision of the law, whichever provisions are more restrictive or impose higher standards shall control.

Private Provisions. As set out in Sec. 1.2.107, Private Restrictions, the regulations of this Article are not intended to abrogate any easement, covenant, or any other private agreement or restriction; provided that where the provisions of this Article are more restrictive or impose higher standards than such easement, covenant, or private agreement or impose duties and obligations more restrictive, or higher standards than the requirements of this Article, and such private provisions are inconsistent with the regulations or determinations made under this Article. (Ord. No. 3832, §§ 1, 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.106 Disclaimer of Liability

The performance standards and design criteria set forth in this Article establish minimum requirements which must be implemented with good engineering practice and workmanship. Use of the requirements contained in this Article shall not constitute a representation, guarantee, or warranty of any kind by the City, its agents, or its officers and employees, of the adequacy or safety of any stormwater pollution prevention plan, stormwater management plan, structure, or use of land. Nor shall the approval of a stormwater pollution prevention plan or stormwater management plan and the issuance of a drainage permit imply that land uses permitted will be free from damages caused by stormwater runoff. The degree of protection by this Code is considered reasonable for regulatory purposes and is based on historical records, engineering and scientific methods of study. Larger storms may occur or stormwater runoff heights may be increased by manmade or natural causes. this Code therefore, shall not create liability on the part of the City, its agents, or any officer or employee with respect to any legislative or administrative decision lawfully made hereunder. (Ord. No. 3832, §§ 1, 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.107 Adoption of Post Construction Stormwater Best Management Practices Manual

The City hereby adopts by reference the document entitled, "Post Construction Storm Water Best Management Practices", authored in April 2009 by Wilson & Company and CDM. (Ord. No. 3896, § 3, 2-26-2015)

Effective on: 8/31/2016

Sec. 9.2.108 Fees

Drainage permit applicants shall submit a permit fee to the City with each application, in an the amount promulgated by the City Council, as may be amended from time to time. (Ord. No. 3832, §§ 1, 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.201 Creation of Stormwater Utility

Pursuant to the provisions of K.S.A. 12-3101 et seq., the City's general home rule authority, nuisance authority, police powers, and all other authority, the City Commission does establish a stormwater utility and a stormwater management system, and declares its intention to operate, construct, maintain, repair, and replace the public stormwater management system and operate the stormwater utility. (Ord. No. 3829, § 2, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.202 Findings and Determinations

Findings, Determinations, and Declarations. The City Commission finds, determines, and declares that the elements of the stormwater management system providing for the collection, conveyance, detention, retention, treatment, and release of stormwater benefit and provide services to real property within the incorporated city limits.

Benefits. The benefits of the stormwater management system include, but are not limited to:

The provision of adequate systems of collection, conveyance, detention, retention, treatment, and release of stormwater;
The reduction of hazards to property and life resulting from stormwater runoff;
Improvement in general health and welfare through reduction of undesirable stormwater conditions;
Improvement of water quality in the storm and surface water system and its receiving waters; and
Appropriate balancing between development and preservation of the natural environment.

Achievements. The stormwater management system will also:

Initiate innovative and proactive approaches to stormwater management within the City to address problems in areas of the City that currently are prone to flooding;
Protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City; and
Assist in meeting the mandates of the National Pollutant Discharge Elimination System (NPDES), as created under the Federal Clean Water Act and associated State and Federal laws and their supporting regulations.

Necessities. Both standard and innovative stormwater management are necessary in the interest of the public health, safety, and general welfare of the residents, businesses, and visitors of the City.

Public Monies. Implementation of the stormwater management system will require the expenditure of significant amounts of public money.

Beneficiaries. All developed property in the City will benefit from the stormwater management system.

Cost Distribution. The City desires to fairly distribute costs of the stormwater management system implementation among all developed property which generates the need therefore.

Establishment of Stormwater Utility. The City has determined that the establishment of a stormwater utility is an appropriate method of funding certain portions of the costs of implementing the stormwater management system.

Study. The City commissioned a study that was prepared by Camp Dresser & McKee, Inc., to assist the City in developing the stormwater utility and to recommend an ERU and an ERU rate.

Fees Determined Reasonable. The governing body has evaluated the study and recommendations and hereby determines that the fees set forth are reasonable and necessary.

Fee Determination. The stormwater utility user fee imposed by this Code, is calculated by a formula that reasonably relates classes of property within the City to their anticipated use of or benefit from the stormwater management system, and such fee is neither a tax nor a special assessment, but a charge for services rendered or available.

Fee Collection. The City has researched collection options and hereby determines that in order to promote efficiency, eliminate duplication of services, and utilize the most economically feasible method of fee collection, the stormwater utility user fee should be included as a separate item on the City of Hays monthly utility bill. (Ord. No. 3829, § 3, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.203 Administration

Refer to Sec. 11.1.305, Stormwater Superintendent.

Effective on: 8/31/2016

Sec. 9.2.204 Operating Budget

The City shall, as part of its annual budget process, adopt an operating budget for the stormwater utility. The operating budget shall conform with state law, City policy, and generally accepted accounting practices. (Ord. No. 3829, § 5, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.205 Stormwater Management Service Fee

Service Fee Established. Subject to the provisions of this Article, there is imposed on each and every residential developed property and nonresidential developed property, other than property that is not serviced by the stormwater management system or exempt property, a stormwater management service fee. This stormwater management service fee shall be determined and set by the provisions of this Article in accordance with the ERU and the ERU rate. The fee shall be established by ordinance of the City Commission and may be amended from time to time by the City Commission, by resolution.

ERU. The ERU is hereby established for the purposes of calculating the stormwater utility user fee. The ERU is hereby established to be 3,369 square feet of impervious area.

ERU Rate. The initial ERU rate to be used to calculate the stormwater utility user fee is $3.62 per ERU per month and may hereafter be reviewed every year, with recommended revisions set by resolution of the City Commission.

Stormwater Management Service Fee for Residential Developed Property. The stormwater management service fee for residential property shall be the ERU rate multiplied by the number of individual dwelling units existing on the property. For a newly constructed dwelling unit, the charge for the stormwater management service fee attributable to that dwelling unit shall commence upon the issuance of the temporary certificate of occupancy, certificate of occupancy, certificate of compliance, or issuance of the first billing of the water utility, whichever is issued first for that dwelling unit. The minimum stormwater management service fee for any residential developed property shall be equal to one ERU rate.

Stormwater Management Service Fee for Nonresidential Developed Property. The stormwater management service fee for nonresidential developed property shall be the ERU rate multiplied by a numerical factor calculated by dividing the total impervious area of the property by the number of square feet in one ERU. In performing this calculation, the numerical factor shall be rounded to the nearest whole number. The minimum stormwater management fee for any nonresidential developed property shall be equal to one ERU. For a newly developed nonresidential developed property, the charge for the stormwater management service fee attributable to that development shall commence upon the issuance of the temporary certificate of occupancy, certificate of occupancy, certificate of compliance, or issuance of the first billing of the water utility, whichever is issued first. In the event of additional development to property that is already developed property, the charge for the stormwater management service fee attributable to that additional development shall commence upon the issuance of the temporary certificate of occupancy, certificate of occupancy, certificate of compliance, or issuance of the first billing of the water utility, whichever is issued first.

Dwelling Unit and Impervious Surface Calculation. The Stormwater Superintendent shall initially, and from time to time, determine the number of dwelling units located on residential developed property in order to establish the stormwater management service fee as provided for in this Section. Nonresidential developed property in the City shall have its square footage of impervious area calculated in order to establish the stormwater management service fee as provided for in this Section. The Stormwater Superintendent shall make the initial calculation with respect to existing nonresidential developed property and may from time to time change this calculation from the information and data deemed pertinent by the Stormwater Superintendent. With respect to property proposed to be nonresidential developed property, the applicant for development approval shall submit square footage impervious area calculations, in accordance with the submission requirements, as set forth in Section 11-479 of the Code of Ordinances of the City of Hays, Kansas. (Ord. No. 3829, § 6, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.206 Appeal Procedure

Refer to Sec. 11.2.311, Appeal of Stormwater Management Service Fee.

Effective on: 8/31/2016

Sec. 9.2.207 Stormwater Management Service Fee Collection

Method of Payment. The stormwater management service fee shall be billed and collected in the same manner as other City utility fees. The stormwater management service fee shall be shown as a separate item on the City of Hays utility bill. The payment of stormwater management service fee bills for any given property shall be the responsibility of the owner of the property.

Penalty for Late Payment. To the extent permitted by applicable law, stormwater management fees shall be subject to interest and penalties for late payment, shall constitute a lien on the applicable property, and shall be collected in a manner as like assessed fees for nuisance abatements, regardless of whether the stormwater management service fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property. (Ord. No. 3829, § 8, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.208 Stormwater Utility Fund

Stormwater management service fees collected by the City shall be paid into a fund that is hereby created and shall be known as the "stormwater utility fund." This fund shall be used for the purpose of paying costs of capital improvements, administration of the stormwater utility, operation and maintenance, and debt service of the stormwater management system, and for carrying out all other lawful purposes of the utility. (Ord. No. 3829, § 9, 4-14-2011)

Effective on: 8/31/2016

Sec. 9.2.301 Stormwater Runoff Management System

Generally. This Section establishes the stormwater runoff management system, which shall be composed of a major system, a minor system, management controls, and management practices.

Major System. The major system shall be composed of the regulatory floodplain as shown on the National Flood Insurance Program (NFIP) maps developed for the City by the Federal Emergency Management Agency (FEMA).

Minor System. The minor system shall consist of storm drainage facilities including, but not necessarily limited to, roadway curb and gutter, open channels, gullies, streams, creeks, swales, and enclosed and open conveyance systems which transport storm runoff to the major system.

Management Controls.

Generally, management controls are regulations applicable to the minor system under the provisions of this Subsection. Such controls shall govern any activity which will adversely affect the hydraulic function of any stormwater drainage facilities, public or private, including, but not limited to, retention/detention facilities, open channels, drainage swales, and enclosed or open stormwater conveyance systems.
The Chief Building Official shall refer to the City's Stormwater Superintendent all development plans and all building permit applications that may require a stormwater management plan and subsequent drainage permits to the City's Stormwater Superintendent for determination of the applicability of this Article.
The drainage permit fee is as promulgated by the City Council, which may change from time to time. (Ord. No. 3832, §§ 1, 2, 4-14-2011; Ord. No. 3896, § 4, 2-26-2015)

Public Responsibilities Under the Stormwater Management System.

Administration. The administration of the stormwater management system shall be the responsibility of the City Stormwater Superintendent, or his/her designee, who shall review and approve stormwater management plans as provided in this Section.
Operation and Maintenance of Public-Owned Facilities. The City shall be responsible for all maintenance of the public-owned drainage system, either improved or unimproved, located in right-of-way and on City-owned property. Maintenance of the public-owned drainage system located on private property and/or in utility or drainage easements shall be limited to the public-owned improvements, such as concrete structures, pipelines or concrete channel liner, and to the repair of any erosion-caused drainage system failure within this improved portion only of the drainage system. The City will maintain the free flow of all storm drainage within the corporate limits of the City. However, it shall be the responsibility of the owner, occupant, or agent in charge of private property, upon which the public storm drainage system exists, to maintain all vegetation, including mowing the grass and weeds, trimming, and/or removal of dead trees and shrubs and providing of such other general maintenance as is required, except as described in this Subsection.

Private Responsibilities Under the Stormwater Management System.

Each developer, applicant, and/or owner of land within the City has the responsibility to provide all approved stormwater runoff management facilities to ensure the adequate drainage and control of stormwater on the developer's, applicant's, and/or property owner's property both during and after construction of such facilities.
Each developer, applicant, and/or owner of land within the City shall have the responsibility and duty to properly design, construct, operate and maintain any on-site stormwater retention/detention facility which has not been accepted for maintenance by the City. Such responsibility shall be a covenant running with the land, transferred to subsequent owners through appropriate covenants. This maintenance shall include debris control and cleaning, cutting of vegetation, erosion repair, repair of rodent damage to dams and levees, removal of silt, and maintenance of structural facilities, and all other actions necessary to accomplish the ultimate goal of stormwater control.
Owners of retention/detention basins and associated facilities shall, upon completion of construction, furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent that the retention/detention basin has adequate storage capacity and that all associated facilities including inlet and outlet structures are fully functional.
Owners of all property containing either public or private drainage systems shall provide access to the system for City maintenance crews. No structures shall be constructed to obstruct access. The City Stormwater Superintendent’s approval of proposed changes to any drainage system shall be obtained prior to construction.
Owners of retention/detention basins and associated facilities with storage capacity in excess of 100,000 cubic feet total on-site storage shall furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent once every four years that the retention/detention basin has adequate storage capacity City and that all associated facilities including all inlet and outlet structures are fully functional. This shall not apply to retention/detention facilities which were in place as of January 1, 2000.

Same Practices. The following practices may be utilized upon approval of the City Stormwater Superintendent. Use of these methods shall be fully in accordance with the design criteria and performance standards as set out for the following:

Storage. Runoff may be stored in temporary or permanent retention/detention basins, through rooftop or parking lot ponding, percolation storage, or by other approved means.
Enclosed Systems with Underground Structures. Enclosed systems consisting of underground pipes, culverts, and similar functional underground structures shall not be used to convey stormwater unless overland conveyance is shown to be unfeasible. Short sections of pipe are allowed in order to reduce risk to adjacent properties and drain stormwater best management practices. Maximum use of open channels is required to reduce long-term costs to the City for infrastructure maintenance and to promote improved water quality while reducing stormwater flows and maintaining groundwater recharge.
Streets, Curbs, and Gutters. Streets, curbs, and gutters shall be an integral part of the stormwater management system. To the maximum extent possible, drainage systems, street layout and grades, lot patterns, and location of the curbs, inlets, and site drainage and overflow swales shall be designed in accordance with the design criteria and performance standards set out in this Article.
Enclosed Conveyance Systems. Enclosed conveyance systems consisting of inlets, conduits and manholes may be used to convey stormwater runoff only where open channel flow is not feasible.
Practices Not Exclusive. The stormwater runoff management practices enumerated in this Article shall not constitute an exclusive listing of available management practices. Other generally accepted practices and methods may be utilized where approved by the City if the minimum standards and intent as described in this Section are maintained.

Effective on: 8/31/2016

Sec. 9.2.302 Stormwater Management Plans

Generally. The stormwater management plan and/or all construction drawings and specifications shall be prepared, signed, and sealed by a professional engineer licensed in the state. All plans shall be submitted to and approved by the City Stormwater Superintendent prior to issuance of a building or construction permit. No building or construction permits shall be issued prior to the approval of the stormwater management plan and issuance of a drainage permit by the City Stormwater Superintendent.

Stormwater Management Plans.

Preliminary Stormwater Management Plan. A preliminary stormwater management plan shall accompany preliminary applications for any proposed project. This preliminary plan shall contain, but not be limited to, the following information and data:
1. A site plan of suitable scale and contour interval indicating topographical information of the land to be developed and adjoining land tributary to the point of consideration whose topography may affect the proposed layout or drainage patterns for the project. A general plan of final contours of the project site shall also be indicated. All existing streams, waterways, channels, and the extent of the established floodplains shall be indicated;
2. The location and calculated peak discharge rates to all adjacent storm drainage facilities;
3. The type and drainage characteristics of soils contained in the project area;
4. A description of the concepts to be considered within the project to handle anticipated stormwater runoff, including the methods to be utilized to detain or control increased stormwater runoff generated by the proposed project;
5. A preliminary plan of the proposed storm drainage facilities, including preliminary calculations of stormwater runoff and detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. A description of the possible effects that the proposed project could have on areas adjoining and upstream of the project, including adjacent property;
7. Following the receipt of the preliminary stormwater management plan, a general review meeting will be conducted and shall include the City Stormwater Superintendent or his/her staff, representatives of the developer/applicant and the developer's/applicant's engineer. The purpose of this review shall be to jointly agree on the conceptual methods proposed to be utilized and the possible effects of the proposed project on existing or future adjacent projects.
Final Stormwater Management Plan. Following the review of the preliminary stormwater management plan, and after general approval of the preliminary plan by the City Stormwater Superintendent, a final stormwater management plan shall be prepared. The submittal of the final plan shall coincide with the application for final approval of the project and shall constitute a refinement of the concepts approved in the preliminary plan. If a project is to be phased, the total area of the conceptual project is to be considered in all calculations, and facilities shall be designed for each phase which would be compatible with those of the total project plan. The final stormwater management plan for any project shall include, but not be limited to, the following additional detailed information, unless specifically excluded during the preliminary concept review meeting:
1. A topographic map of the project site and adjacent areas, of suitable scale and contour interval, which shall define the location of streams, the extent of floodplains and calculated high water elevations, and the shoreline of lakes, ponds, swamps, and retention/detention basins including their inflow and outflow structures, if any;
2. The location, size, material (e.g., reinforced concrete pipe), slope, and invert elevation of all existing sanitary or storm sewers, and the location of any existing stormwater wastewater pumping or treatment facilities, which fall within the project limits plus 200 feet outside the project limits;
3. Detailed determination of runoff anticipated for the entire project site following project completion indicating design volumes and rates of proposed runoff for each portion of the watershed tributary to the storm drainage system, the calculations used to determine such runoff volumes and rates and review of the criteria which have been used by the project engineer throughout his or her calculations;
4. A refined layout of the proposed stormwater management system, including the location and size of all drainage structures, storm sewers, channels and channel sections, retention/detention basins, and analyses regarding the effect such improvements will have upon the existing downstream drainage facilities;
5. A preliminary plan of the proposed storm drainage facilities including preliminary calculations of stormwater runoff and retention/detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. For all retention/detention basins, if any, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations;
7. For all retention/detention basins, if any, design hydrographs of inflow and outflow from the site under proposed project conditions;
8. A stormwater pollution prevention plan for the entire project site as required by Section 9.2.303, Stormwater Pollution Prevention Plans; and
9. A profile and one or more cross sections of all existing and proposed channels or other open drainage facilities, indicating existing conditions and the proposed changes, together with the high water elevations expected from stormwater runoff under the controlled conditions called for by this Article and the relationship of structures, streets, and other utilities to such channels for a distance as far downstream as the runoff will have a noticeable effect.
10. For all post construction best management practices, submittal of calculations, hydrographs, plans, profiles, and detailed specifications is required.
Review and Approval of Final Stormwater Management Plan.
1. The final stormwater management plan shall be reviewed by the City Engineer. If it is determined according to present engineering practice that the proposed project will provide control of stormwater runoff in accordance with the purposes, design criteria, and performance standards of this Article and will not be detrimental to the public health, safety, and general welfare, the City Engineer shall approve the plan or conditionally approve the plan, setting out the conditions.
2. A drainage permit for the project shall be granted; provided, the requirements for the drainage permit in Section 9.2.305, Drainage Permits and Prohibited Acts, have been met. If it is determined that the proposed project will not control stormwater runoff in accordance with this Article, the City Engineer shall disapprove the final stormwater management plan. If disapproved, the application and data shall be returned to the applicant for review, revision, and resubmittal.

Effective on: 8/31/2016

Sec. 9.2.303 Stormwater Pollution Prevention Plans

Best Management Practices (BMPs) and Requirements for Stormwater Pollution Prevention Plans. All construction sites in the City are required to have a construction stormwater permit coverage to discharge stormwater associated with construction activities, and must obtain permit coverage from the Kansas Department of Health and Environment (KDHE) prior to issuance of any building permits by the City. No building permits shall be issued by the City unless proof of KDHE permit coverage is shown to the City Stormwater Superintendent.

Requirements for Stormwater Pollution Prevention Plans (SWPPP) for Subdivision Developments.

Where construction of any residential, commercial, or industrial subdivision development will involve one or more construction activities during the life of the development project, the owner of a site of any construction activity, and any developer on the owner's behalf, shall submit a stormwater pollution prevention plan (SWPPP) that meets KDHE requirements and complies with Best Management Practices (BMPs), as part of any platting of such subdivision; or, if the subdivision is already platted and is not subject to an existing stormwater pollution prevention plan, then such shall be submitted as part of the site plans in relation to the initial building permit application within such development. The stormwater pollution prevention plan shall provide for all phases of development within the subdivision, including general grading and the construction of individual buildings and other improvements within the development, but shall not be required to include the construction of public improvements which are to be constructed by the City, such as internal water and sewer mains and public streets and sidewalks.
The subdivision owner shall provide a copy of the stormwater pollution prevention plan to all contractors and utility companies prior to their working within the subdivision.
The subdivision owner shall be responsible for implementation of the stormwater pollution prevention plan as to all construction activity within the development, excluding construction under the control of a subsequent owner of an individual lot or parcel or as to construction managed by utility companies.
Any subsequent owner of an individual lot or parcel with such subdivision shall be responsible for continued implementation of the stormwater pollution prevention plan for all construction activity within or related to that owner's lot or parcel, excluding construction managed by utility companies
The subdivision owner shall be responsible for maintenance of common controls such as sedimentation basins until all construction activity draining to the common control is 85 percent completed and the surfaces are stabilized with permanent vegetation or non-eroding surfaces.

Stormwater Pollution Prevention Plan (SWPPP) Submissions; Amendments.

Construction sites disturbing one or more acres of land and construction sites disturbing less than one acre of land but part of a larger common plan of development within the City are required to submit a storm water pollution prevention plan (SWPPP) that meets KDHE requirements and complies with BMPs, as part of the standard building permit process. The stormwater pollution prevention plan shall be reviewed as to form as part of the City's established platting and building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed stormwater pollution prevention plan.
Construction sites disturbing greater than 1,000 square feet but less than one acre and not part of a larger common plan of development are required to submit a storm water pollution prevention plan that details and illustrates storm water BMPs to reduce or eliminate pollutants in storm water discharges from the construction site. The storm water pollution prevention plan shall be reviewed as to form as part of the City's established building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed storm water pollution prevention plan.
Changes to the stormwater pollution prevention plan are authorized so long as compliance with KDHE's general construction stormwater permit is maintained. If proposed changes impact the post-construction conditions of the site, the changes shall be submitted to the City for review.

Requirements Applicable to Utility Companies.

Utility companies operating within the City are required to use BMPs, such as downslope controls, spill prevention, and cleanup best practices, and immediate site stabilization measures.
Utility companies are prohibited from making illicit discharges to the municipal storm sewer system.
Utility companies performing large projects that are not routine in nature and disturbing more than one acre of land within the City are required to obtain KDHE general construction stormwater permit coverage, they shall also submit a stormwater pollution prevention plan that meets KDHE requirements and complies with BMPs, to the City prior to beginning work.
Utility companies operating within a construction site permitted to a third party must follow BMPs within the permitted construction site.
Utility companies are subject to all enforcement measures provided for in this Code and other ordinances of the City.

Requirements Generally Applicable.

No contractor, subcontractor, or utility company shall enter the site subject to a stormwater pollution prevention plan for the purpose of engaging in any work prior to obtaining a copy of the stormwater pollution prevention plan for the site or project, and without taking such steps as necessary so that its activities on that site are in compliance with the stormwater pollution prevention plan.
Each contractor, subcontractor, and utility company is responsible for taking all reasonable steps necessary to avoid damaging any BMP devices once in place. Any person whose actions or neglect have resulted in the alteration, damage, or impairment of any BMP devices in place pursuant to a stormwater pollution prevention plan shall immediately repair or remedy the same, and shall be responsible for all costs necessary for such repair and remediation.
It shall be unlawful for any person responsible for performance of and/or adherence to a stormwater pollution prevention plan to fail to comply with the requirements of that plan. The requirements under a stormwater pollution prevention plan shall remain applicable until such time as the construction activities under the plan have been satisfactorily completed and the site surface properly stabilized or covered as determined by the City Stormwater Superintendent.

Requirements for Industrial Stormwater and Other Permitted Discharges. Any person who is required to have a construction or industrial activity National Pollutant Discharge Elimination System permit (NPDES) stormwater discharge permit shall comply with all provisions of such permit, and further shall be required to do the following:

Dischargers of stormwater associated with industrial activity and other holders of National Pollutant Discharge Elimination System permits (NPDES) must provide proof of compliance with the provisions of the NPDES stormwater discharge permit when requested by and in a form acceptable to the City Stormwater Superintendent.
The fact that a person has conducted all activities in conformance with a stormwater pollution prevention plan or in conformance with approved or established BMPs shall not constitute a defense to a charge of violation of the illicit discharge prohibitions of this Section.

Effective on: 8/31/2016

Sec. 9.2.304 Stormwater Design Criteria and Performance Standards

Design Criteria. Unless otherwise approved, the following criteria shall govern the design of improvements with respect to managing stormwater runoff: Stormwater System Design Criteria. Unless otherwise provided by the City, the latest approved edition of Design Criteria, Storm Drainage Systems and Facilities, as approved by the City, is by reference made a part of this Article as though expressly rewritten and incorporated in this Article and shall govern the design of stormwater systems within the City.

Performance Standards.

Channel Location. Generally acceptable locations of stormwater runoff channels in the design of a subdivision may include, but not be limited to, the following:
1. Located adjacent to the lot line of an individual lot;
2. A drainage easement to facilitate maintenance and design flow shall be provided and indicated on the plat. No private structures shall be allowed to be constructed within or across stormwater channels.
Storm Sewer Outfall. The storm sewer outfall shall be designed so as to provide adequate protection against downstream erosion and scouring.
Lot Lines. Whenever the plans call for the passage and/or storage of floodwater, surface runoff or stormwater along lot lines, the grading of all such lots shall be prescribed and established for the passage and/or storage of waters. No private structure may be erected in these areas which will obstruct the flow of stormwater. Further, installation of fences, and the planting of shrubbery or trees within the area will not be permitted. Such items existing at the time of adoption of the Code will be grandfathered to remain only until such point in time as the City Engineer determines that such items obstruct the flow of stormwater, whereupon the City Stormwater Superintendenter Superintendent shall notify the property owner by certified mail to perform remedial work as described therein. Changes in the prescribed grades and contours of the floodwater or stormwater runoff channels will not be permitted unless approved in writing by the City Engineer. Where more than two lots or parcels are involved in a common stormwater runoff problem, the City will serve as a facilitator to assist the property owners involved to solve existing stormwater problems by making meeting rooms and City representatives available for consultation in the formation of a benefit district. Otherwise, these kinds of problems are treated as civil matters between property owners.
Interception of Runoff from Private Commercial and Industrial Sites. If proved to be warranted by the Stormwater Superintendent, stormwater runoff from private commercial and industrial sites shall be intercepted by inlets prior to being discharged into the public stormwater system, if a public stormwater system is within 200 feet of the proposed site. The intent of this requirement is to prevent runoff from private commercial and industrial sites from being discharged directly into public streets.
Easements. Permanent easements for the retention/detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the City. Easements shall be as provided in Subsections 4.1, 5.1 and 6.2, Easements, Design Criteria, Storm Drainage Systems and Facilities.
Maintenance. Provisions acceptable to the City for perpetual maintenance of retention/detention/ facilities, best management practices, outlet works, and appurtenances shall be made as follows:
1. Small ditches and similar conveyances planted to turf grass needing no special long-term care shall be in a right-of-way or easement and shall be the responsibility of abutting property owners for regular mowing in accordance with City's Code of Ordinances.
2. Retention/detention facilities, best management practices, outlet works, and appurtenances serving multiple properties and right-of-way in residential, mixed use, industrial, and commercial development shall be the long-term responsibility of the property owners for which the facilities serve. Additionally, a restrictive covenant, by deed, or plat shall be required.
3. Retention/detention facilities, best management practices, outlet works, and appurtenances serving individual commercial and industrial properties shall be located on the same parcel as the commercial and industrial development and shall be the responsibility of the property owner, in perpetuity.
Drainage Permits. A drainage permit for projects including retention/detention facilities shall be granted by the City Stormwater Superintendent only after the final stormwater management plan has been approved and all easements and restrictions have been transferred, dedicated, accepted and recorded, and all required maintenance assurances and any required security or bonds have been executed and recorded, if necessary.
Plans for Grading, Sedimentation and Erosion Control.
1. Generally.
  1. Prior to the approval and recording of the final subdivision or site plan, a plan depicting proposed site grading within the project shall be submitted to the City Stormwater Superintendent for review and approval.
  2. Stripping of vegetation or earthmoving shall not be permitted nor will building or construction permits be issued prior to approval of this plan by the City Stormwater Superintendent.
  3. For major subdivision projects consisting of more than one acre, the grading plan shall be accompanied by a detailed sedimentation and erosion control plan.
2. Subdivision Grading Plans. The grading plan shall be prepared by a professional engineer licensed in the state. The contents of the plan shall include, but not be limited to, the following information:
  1. Contours of existing grades at intervals not more than two feet. Intervals less than two feet may be required if the slope is less than one percent for 40 percent of the total area or dependent on the character of the topography;
  2. Property lines identified as to existing or proposed lot and block number;
  3. Elevation and location of the nearest bench mark (USGS datum);
  4. Contours of finish grades drawn at sufficient intervals of not more than two feet to depict major subdivision drainage patterns. In addition, finished grade spot elevations shall be shown for all corners of each lot. Such corner elevations shall be general in nature and, upon approval of the City Stormwater Superintendent, may be revised at the time of plot plan submittal;
  5. One hundred-year floodplain limits and elevations;
  6. Easement and right-of-way information (including drainage easements) required for off-site drainage ways; and
  7. Existing and proposed utility information.
3. Grading Plans for Nonresidential Individual Lots. Applications for individual building permits shall be accompanied by a specific grading plan for that lot. Such grading plan shall be incorporated into the plot plan and shall contain as a minimum, the following information:
  1. Existing or proposed property lines and lot and block numbers;
  2. The proposed location of the structure;
  3. The proposed type of structure (e.g., bi-level, split-level, etc.);
  4. Elevations of the top of the foundation and the proposed grade at principal structure corners and at lot corners;
  5. An approximate location of drainage swales indicated by directional arrows depicting flow patterns. Spot elevations may be utilized in lieu of arrows. Additional information may be required by the City Stormwater Superintendent to assure protection of adjacent property.
4. Minimum Grading Standards. The following minimum criteria for site grading shall apply to all applications for the site grading permit:
  1. Protective Slopes Around Structures.
    1. A downward slope shall be provided from structure foundations to drainage swales.
    2. A minimum gradient of 0.5 percent for concrete paved surfaces; one percent for other impervious surfaces, except in defined swales the minimum gradient shall be 0.5 percent, and in concrete gutters the minimum gradient shall be 0.3 percent.
    3. A maximum gradient shall be 4:1, horizontal to vertical, for a minimum of four feet from foundation walls.
  2. Lawn Areas. Minimum gradient shall be one percent. A gradient of two percent is recommended, where practical.
  3. Driveways. Driveways sloping toward buildings shall be graded in such a manner as to provide an intercepting swale draining away from the structure prior to its connection with the building. In specific cases, the use of gradients less than or greater than those specified may be necessary. Variance from these requirements may be allowed where justified and approved by the City Engineer.

Effective on: 8/31/2016

Sec. 9.2.305 Drainage Permits and Prohibited Acts

Drainage Permits. Upon approval of the final stormwater management plan and acceptance of the applicant's performance, security and maintenance bond, permit fee and maintenance assurance, if any, the City Stormwater Superintendent shall issue a drainage permit. The permit shall set out the terms and conditions of the approved stormwater management plan.

Prohibitions.

No person shall discharge or release, or cause or permit to be discharged or released, into the municipal stormwater drainage system, any substance which is not composed entirely of uncontaminated stormwater, except as allowed in Subsection D., below.
Notwithstanding the provisions of Subsection D. below, any discharge or release shall be prohibited by this Section if the discharge or release in question has been determined by the City Stormwater Superintendent to be a source of pollutants or contamination to the municipal stormwater drainage system and has given notice thereof.
The construction, use, maintenance, or continued existence of illicit connections as defined in Subsection E., below is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.
No person shall connect a line conveying sewage, domestic sewage, or industrial waste to the municipal stormwater drainage system, or allow any such existing connection to continue.
No person shall intentionally destroy, damage, or otherwise interfere with the effectiveness of any best management practices implemented pursuant to this Article.
No person shall discharge otherwise allowable waters under this Article to public property and right-of-way which causes damage, harm, or inconvenience to the public through prolonged saturation, erosion, water pollution, or damage to property.

Specific Illicit Discharges Prohibited. Except as permitted in Subsection D, below, illicit discharges prohibited under the provisions of Subsection B., above, include, but are not limited to, the following:

Motor oil, antifreeze, or any other petroleum product or waste;
Industrial waste;
Hazardous waste, including household hazardous waste;
Domestic sewage, septic tank waste, grease trap waste, or grit trap waste;
Garbage, rubbish, or yard waste (including grass trimmings, leaves, weeds, and all other vegetation or portions, trimmings or wastes);
Wastewater which contains soap, detergent, degreaser, solvent, surfactant, emulsifier, dispersant, or other cleaning substances;
Wastewater from any commercial facility for the washing of vehicles, such as car wash facilities; or from any similar facility associated with any new or used vehicle distributorship, rental agency, body shop, repair shop or maintenance facility; or from any similar facility maintained by any business or institution for the washing, cleaning, or maintenance of its own business or commercial vehicles or heavy equipment;
Wastewater from the cleaning of the portion of vehicles or equipment which contained ready-mixed concrete, mortar, ceramic, asphalt-based material, or hydromulch material;
Wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum, or hazardous substance has occurred;
Effluent from a cooling tower, condenser, compressor, emissions scrubber or emission filter, or the blowdown from a boiler;
Runoff, washdown water or waste from any animal pen, kennel, fowl, or livestock containment area;
Swimming pool water which has not been de-chlorinated in accordance with the specifications of the City Stormwater Superintendent;
Swimming pool or fountain filter backwash;
Any substance or material which will damage, block, or clog the municipal stormwater drainage system;
Any release from a petroleum storage tank, or any leachate, or runoff from soil contaminated by a petroleum storage tank leakage;
Pesticides or fertilizers, including runoff from the improper storage, discarding, transportation, or application of pesticides or fertilizers;
Discharge of street sweepings;
Wastewater from concrete cutting, pavement cutting, pipe cutting, and any similar operation where water is used to cool cutting equipment;
Wastewater from oil and natural gas exploration and production activities;
Discharge from construction activities oil and natural gas exploration sites without downslope best management practices maintained and in-place;
Runoff, washdown, or wastewater which contains any of the above;
Nonstormwater discharge from a construction activity site unless specifically authorized by the most current version of Kansas Department of Health and Environment's (KDHE) general construction stormwater permit; or
Any other water, wastewater, or stormwater requiring National Pollutant Discharge Elimination System (NPDES) authorization.

Illicit Discharge Exceptions. The following nonstormwater discharges are deemed acceptable and not a violation of Subsections B. and C., above:

Uncontaminated discharge from water line flushing;
Uncontaminated discharge or flow from a diverted stream flow or a natural spring;
Uncontaminated groundwater infiltration as defined under 40 CFR 35.2005(20) to separate storm sewers;
Discharge of flow from uncontaminated pumped groundwater or rising groundwater;
Discharge or flow from contaminated groundwater if specifically authorized by KDHE and the City;
Uncontaminated discharge or flow from potable water sources;
Uncontaminated discharge or flow from a foundation drain, a crawl space pump, a footing drain, or a sump pump;
Uncontaminated discharge or flow from air-conditioning condensation, which is not mixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of any pollutant;
Infrequent and uncontaminated discharge or flow from lawn watering, landscape irrigation, or other irrigation water;
Discharge from the occasional, noncommercial washing of vehicles upon a residential premises;
Uncontaminated discharge of flow from riparian habitat or wetland;
Swimming pool discharges (excluding filter backwash), which have first been de-chlorinated pursuant to specifications of the City Stormwater Superintendent;
Discharge or flow from street washing, which is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other harmful cleaning substance;
Discharge or flow from emergency firefighting activities, or which results from actions taken under emergency conditions which are reasonably necessary to mitigate damages to life and property;
Uncontaminated residential heat pump discharge waters;
Treated wastewater meeting requirements of a NPDES permit;
Nonpoint agricultural discharge, excluding discharges from confined animal feeding operations; and
Other discharges determined by the City Stormwater Superintendent not to be a significant source of pollutants to waters of the state; provided, however, that if the City Stormwater Superintendent determines that any discharge or flow of a type identified above is a source of pollutants to the waters of the municipal stormwater drainage system, and gives direct oral or written notice thereof to the person or party responsible for such property or for such discharges or flows, then the exception provided shall in this Subsection no longer apply.

Illicit Connections Prohibited. It shall be unlawful for any person to cause or permit to exist on any property which is under such person's ownership or control any illicit connections to the municipal stormwater drainage system. This includes, but is not limited to, illicit connections made in the past regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Illicit connections in violation of this Article must be disconnected and either eliminated or redirected in a lawful manner to an approved onsite wastewater management system or to the sanitary sewer system, which such work shall be performed in accordance with all permit and code requirements.

Protection of Watercourses and Drainage Easements. Every person owning property through which a watercourse or drainage easement passes, and any lessee of such property, shall keep and maintain that part of the watercourse or drainage easement within the property free of trash, debris, excessive vegetation, grass clippings, and other yard waste, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse or drainage easement. In addition, the owner and lessee shall maintain existing privately owned structures within or adjacent to a watercourse or drainage easement so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse or drainage easement in the collection and discharge of stormwater.

Effective on: 8/31/2016

9.3.101 Authorization

Approval by Kansas Chief Engineer Prior to Adoption. The following floodplain management regulations, as written, were approved by the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on the 25th Day of May, 2022.

Kansas Statutory Authorization. The Legislature of the State of Kansas has in K.S.A. 12-741 et seq, and specifically in K.S.A. 12-766, delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the Hays City Commission of Hays, Kansas ordains as follows:

Effective on: 8/31/2016

9.3.102 Findings of Fact

Flood Losses Resulting from Periodic Inundation. The special flood hazard areas of Hays, Kansas, are subject to inundation, which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety, and general welfare.

General Causes of the Flood Losses. These flood losses are caused by:

The cumulative effects of development in any delineated floodplain causing increases in flood heights and velocities; and
The occupancy of flood hazard areas by uses that are vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

Methods Used to Analyze Flood Hazards. The Flood Insurance Study (FIS) uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps, as follows:

Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this Article. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one given year as delineated on the Federal Insurance Administrator's Flood Insurance Study (FIS), and illustrative materials dated June 15, 2022, as amended, and any future revisions thereto.
Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
Delineation of the floodway fringe (e.g., that area outside the floodway encroachment lines) but still subject to inundation by base flood.

Effective on: 8/31/2016

Sec. 9.3.103 Purpose

It is the purpose of the Article to promote the public health, safety, and general welfare; to minimize those losses described Section 9.3.102, Findings of Fact; to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) and K.A.R 5-44-4 by applying the provisions of this Article to:

1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
2. Require uses vulnerable to floods, including public facilities that serve such uses to, be provided with flood protection at the time of initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended development purposes due to flood hazards.

Effective on: 8/31/2016

Sec. 9.3.104 Application

This Article shall apply to all lands within the jurisdiction of Hays, Kansas, identified as numbered and unnumbered A, AE, AO, and AH Zones on the Index Map of the Flood Insurance Rate Map (FIRM) Index dated June 15, 2022 as amended, adn any future revisions thereto. In all areas covered by Article, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Floodplain Administrator or a duly designated representative under such safeguards and restrictions as the Floodplain Administrator or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitant of the community, and as specifically noted in Section 9.3.201, Provisions for Flood Hazard Reduction.

Effective on: 8/31/2016

9.3.105 Abrogation and Greater Restrictions

It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.

Effective on: 1/1/1901

9.3.106 Warning and Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions,
or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings
restricted by debris. This ordinance does not imply that areas outside the floodway and flood fringe or
land uses permitted within such areas will be free from flooding or flood damage. This ordinance shall
not create a liability on the part of Hays, Kansas, any officer or employee thereof, for any flood damages
that may result from reliance on this ordinance, or any administrative decision lawfully made there under.

Effective on: 1/1/1901

Sec. 9.3.201 Provisions for Flood Hazard Reduction

General Standards.

Generally. No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this Section are satisfied.
100-Year Flood. All areas identified as unnumbered A zones on the Flood Insurance Rate Map (FIRM), having an index map date of June 15, 2022, are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones are subject to all provisions of this Article. If Flood Insurance Study (FIS) data is not available, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.
Floodway Designation. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
All Development. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
1. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Construction with materials resistant to flood damage;
3. Utilization of methods and practices that minimize flood damages;
4. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
  1. All such proposals are consistent with the need to minimize flood damage;
  2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
  3. Adequate drainage is provided so as to reduce exposure to flood hazards; and
  4. All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.
Storage, Material, and Equipment. The storage of material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
Nonconforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this code, may be continued subject to the following conditions:
1. 1. If such structure, use, or utility service has been or is discontinued for 24 consecutive months, any future use of the building shall conform to this ordinance.
  2. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 600 square feet, may be constructed at-grade and wet-flood proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; the accessory structure meets the following floodplain management requirements; and a
floodplain development permit has been issued. Wet-flood proofing is only allowed for small low-cost structures.
1. 2. Use of the accessory structures must be solely for parking and limited storage purposes in any special flood hazard area as identified on the community's Flood Insurance Rate Map (FIRM).
  3. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 9.3.201(A)(4)(b) of this regulation.
  4. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with, Section 9.3.201(A)(4)(d) of this regulation. All of the building's structural
    components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
  5. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 9.3.201(4) of this regulation.
  6. The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Section 9.3.201(B)(1)(c) of this regulation.
  7. The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 9.3.201(E)(2) of this regulation. No permits may be issued for accessory structures within any
    designated flood way, if any increase in flood levels would result during the 100-year flood.
  8. Equipment, machinery, or other contents must be protected from any flood damage.
  9. Wet-flood proofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last 5 calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into with 9.3.201(4)(B)(l) which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/flood proofing of nonresidential structures to one (1) foot above the base flood elevation.

Specific Standards. In all areas identified as numbered and unnumbered A zones, AE, and AH zones, where base flood elevation data have been provided, as set out in Subsection A.2., above, the following provisions are required:

Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated a minimum of one foot above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Nonresidential Construction.
1. New construction or substantial improvement of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be dry floodproofed to a minimum of one foot above the base flood elevation. Mechanical and HVAC equipment shall be protected or elevated to same level as the lowest floor. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set out in Section 11.1.304, Floodplain Administrator.
2. For all new construction and substantial improvements, that fully enclosed areas below the lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
  1. A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided; and
  2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

Manufactured Homes.

All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) shall be required to be installed using methods and practices that minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
Manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) sites:
1. Located outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. Located in an expansion to an existing manufactured home park or subdivision; or
4. Located in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood are required to be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Manufactured homes are required to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's Flood Insurance Rate Map (FIRM), that are not subject to the provisions of this Subsection C.2., above, be elevated so that:
1. The lowest floor of the manufactured home is a minimum of one foot above the base flood level;

Areas of Shallow Flooding (AO and AH Zones). Located within the areas of special flood hazards as described in Section 9.3.104, Application, are the areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:

AO Zones.
1. All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map (FIRM) (at least two feet if not depth number is specified).
2. All new construction and substantial improvements of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community Flood Insurance Rate Map (FIRM) (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely flood proofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
3. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
AH Zones.
1. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set out in Subsection B. above.
2. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

Floodway. Located within areas of special flood hazard established in Section 9.3.104, Application, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
If Subsection E.2., above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
In unnumbered A zones, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set out in Subsection A.1. above.

Recreational Vehicles. Recreational vehicles placed on sites within all unnumbered and numbered A zones, AE, AH, and AO zones on the community's Flood Insurance Rate Map (FIRM) are required to either:

Be on the site for fewer than 180 consecutive days; or
Be fully licensed and ready for highway use; or
Meet the permitting, elevation, and anchoring requirements for manufactured homes set out in Subsection C., above.

Effective on: 8/31/2016

Hays City Zoning Code

CHAPTER 9

Subdivision Design and Land Development

Sec. 9.1.101 Purpose

General Scope. This Section sets out regulations for the substantive review of subdivision plats to be applied in addition to the other applicable land development standards of this Code.

Purpose. The purpose and intent of this Code is to provide for:

Harmonious development of the community;
Provide for the proper location and width of streets, building lines, open spaces, safety and recreational facilities, utilities, easements, drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth, and area and the compatibility of design;
Require and fix the extent to which and the manner in which streets shall be graded and improved, and water, sewer, drainage, and other utility mains and piping or connections or other physical improvements shall be installed;
Provide for and secure the actual construction of such physical improvements;
Implement the Comprehensive Plan;
Provide for light, air, and other spaces for the public; and
Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the Comprehensive Plan.

Effective on: 8/31/2016

Sec. 9.1.102 Application

Exemptions. This Code shall not apply in the following instances:

The division of land for agricultural purposes into parcel or tracts of five acres or more, and not involving any new streets or easements of access and not affecting major streets according to the thoroughfare plan;
A change in the boundary between abutting parcels which does not create an additional lot;
Land used for street or railroad right-of-way, a drainage easement, or other public utilities subject to local, state, or federal regulations, where no new street or easement of access in involved;
Whenever any lot, parcel, or tract of land has been subdivided, resubdivided, or replatted prior to the adoption of this Code;
Any transfer by operation of law;
A parcel or tract of land in the Agricultural (A-L) district less than five acres deeded to a child of either or both owners of the original tract to be utilized for residential purposes subject to the following conditions:
1. Prior to constructing a residence on such tract or parcel, the owners shall obtain a certificate of zoning compliance (see Section 11.2.301, Certificate of Zoning Compliance).
2. All structures shall maintain the setbacks as set out in Chapter 3, Density, Intensity, Bulk, and Scale.
3. All tracts or parcels shall meet the minimum lot area requirements of Chapter 3, Density, Intensity, Bulk, and Scale.
4. Each child shall be entitled to only one such tract or parcel.

Effective on: 8/31/2016

Sec. 9.1.201 Development Design Principles

Compatibility. The proposed site plan or subdivision plat shall be designed in a way that:

Provides appropriate space for buffers and transitions between incompatible land uses or obvious changes in density or intensity alongside and rear lot lines;
Provides appropriate vehicular and pedestrian linkages between residential uses and nonresidential uses, providing access while protecting neighborhood integrity;
Protects neighboring property from adverse storm water runoff;
Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses;
Minimizes interference with existing access to abutting and nearby properties, unless new and improved access is provided by the parcel proposed for development; and
Does not materially reduce the level of service of public utilities that are provided to surrounding development.

Storm Water Management and Flood Damage Prevention. The parcel proposed for development, including buildings and streets, shall be located away from critical drainage areas.

Effective on: 8/31/2016

Sec. 9.1.202 Lots

Generally.

New Lots. New lots shall be dimensioned according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods. The size, shape, and orientation of lots shall be appropriate to the zoning district of the parcel proposed for development and to the type and required buildable area of development contemplated.
Platting. Lots are required to be platted unless specifically exempted by this Code. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking lots, loading facilities, landscape areas and buffering, and other required site improvements or open space areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this Code.

Shape and Area.

Minimum Lot Area. The minimum lot area shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Side Lot Lines. Side lot lines shall be 60 to 90 degrees from the street right-of-way line on a straight street or from the tangent of a curved street. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources or open space.
Streetside Setbacks. Street side setbacks on corner lots shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.

Access and Frontage.

Frontage Width. The width of the required lot frontage shall not be less than the required lot width as set out in Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Residential Lots (except mixed use and multi-family). Generally, new single-family detached and single-family attached residential lots shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley. Through lots shall take access from the side from which the address is assigned.
Nonresidential, Mixed Use, and Multi-Family Lots. Nonresidential, mixed use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for vehicular turnaround.

Depth. The maximum depth of all residential lots shall not exceed two and one-half times the width of such lot.

Double Frontage Lots. Double frontage lots shall be avoided unless, in the opinion of the Planning Commission, a variation to this rule will give better street alignment and lot arrangement.

Drainage Ways. Lots shall not encroach on any drainage way or drainage right-of-way.

Effective on: 8/31/2016

Sec. 9.1.203 Blocks

Generally. The length, width, and shape of blocks shall be determined with regard to the following:

The provision of adequate building sites suitable to the particular zoning district and the needs of the type of use contemplated;
The required lot widths, lot areas, and required open space for the parcel proposed for development, as set out in Chapter 3, Density, Intensity, Bulk, and Scale;
The need for convenient access, circulation, control, and safety of street traffic;
The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
Limitation and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.

Dimensions. Blocks shall be dimensioned according to the following standards:

Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross-traffic adequately and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,200 feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian access easements through the block may be required in the block. Such easements shall have a minimum width of 10 feet.
Width. In residential development, the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. In certain instances, however, a different arrangement may be required in order to provide better circulation or to protect a major circulation route. Blocks intended for nonresidential or industrial uses shall be of such width and depth as may be considered most suitable for the prospective use.

Access to the marginal access street meets the access management requirements of this Code; and
The following bufferyards are provided between the marginal access street and the abutting arterial or collector street:
1. Collector streets: Type A bufferyard; and
2. Arterial streets: Type B bufferyard.

Effective on: 8/31/2016

Sec. 9.1.204 Easements

Utilities;
Fire protection;
Police protection and other emergency services;
Access to public utilities or drainage areas;
Drainage and storm water best management practice applications;
Pedestrian access; and
Natural resource or open space conservation.

Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Article 6.2, Streets, Sidewalks, and Trails.

Conservation Easements.

The City may require conservation easements to preserve open space and to protect natural resources that this Code requires to be protected.
Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or property owners' association.
All conservation easements shall run in favor of three parties:
1. All lot or unit owners in the development; and
2. A non-profit organization such as a land trust; and
3. The City.
The conservation easements shall be in a form approved by the City Attorney.

Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

Effective on: 8/31/2016

Sec. 9.1.205 Open Space Design

Design.

Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the parcel proposed for development.
Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
Open space shall be designed to provide greenways along drainage corridors and streams, if applicable to the parcel proposed for development. The landscaping along corridors or streams shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the parcel proposed for development.
Formal open spaces shall be designed to provide areas of focus within the development.
Floodplains can be used as open space to provide buffers between incompatible land uses.

Effective on: 8/31/2016

Sec. 9.1.206 Streets

Conformity to the Comprehensive Plan. The location and width of all arterial and collector streets shall conform to the Comprehensive Plan.

Alignment of Subdivision Streets with Existing Streets.

Streets shall be configured as required by Division 6.2.200, Street Standards.
Streets shall, to the extent practicable, align with existing streets, and be given the name of the streets with which they align, or shall be offset the minimum distance specified in Division 6.2.200, Street Standards, relating to jogs, offsets, reverse curves, and alignments.

Alignment of Local Streets with Arterials and Collectors. Generally, local streets shall be either:

Perpendicular to arterial or collector streets; or
Loop streets, reverse frontage roads, or cul-de-sacs (which are limited by Section 6.2.203, Cul-de-Sacs). See Figure 9.1.206, Local Street Orientation.

Figure 9.1.206
Local Street Orientation

Width of Public Ways. The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Division 6.2.200, Street Standards.
Grades and Curves of Public Ways. The grades of streets, alleys, and other public ways included in any subdivision shall not be greater than is necessary for the topographical conditions and shall be subject to the approval of the Director of Public Works. All changes in street grade shall be connected by vertical curves of such length as to provide for desired sight distance as set out in the American Association of State Highway Officials' Geometric Design Standards and shall be subject to the approval of the Director of Public Works.

Effective on: 8/31/2016

Sec. 9.1.207 Utilities

Generally.

All developments shall make provision for water, sewer, stormwater, electric, natural gas, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents.
All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.

Potable Water Line Loops. Potable water lines shall be looped unless a variance to this Code is allowed by the Director of Utilities.

Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.

Common Use Easements. Wherever possible, the City shall require compatible utilities to share easements (see Section 9.1.204, Easements).

Effective on: 8/31/2016

Sec. 9.1.208 Improvements

Required Improvements. The subdivider of a proposed subdivision shall install, or provide for the installation of the following facilities and improvements:

Streets and Alleys.
1. All streets and alleys, including curb and gutter, within the City shall be surfaced in accordance with the standards set by the City.
2. All streets and alley within the City's extra-territorial jurisdiction area shall be surfaced with an all-weather surfacing in accordance with the standards set by the County Public Works.
Water Service.
1. Where reasonably available, a public water supply system or its equivalent shall be provided in accordance with the standards of the City and adopted Fire Codes.
2. In all other areas, a water supply approved by the County Environmental Services/Planning and Zoning Office or rural water will be permitted.
Sewer Service.
1. Where reasonably available, a public sewerage system including laterals for sanitary sewers, shall be provided in accordance with the standards of the City.
2. In all other areas, a sewage treatment system shall be provided subject to the approval of the County Environmental Services/Planning and Zoning Office.
Other Improvements. Where other improvements are required, such as tree planting, retaining walls, drainage structures, etc., such improvements shall be made in accordance with the recommendations of the Planning Commission and specifications of the City.
Cost. All improvements shall be furnished, installed, and constructed by the developer at no cost to the City. An escrow account, administered by the City Clerk/Finance Office may be required for the City to accept off-site improvements (e.g., street intersections, signal improvements, left turn lanes, etc.) that are required by this Code (see Subsection A.4., above).
Plan Requirements. Plans and specifications for the improvements herein set out shall be prepared by a registered professional engineer according to prevailing standards required by the City.
Improvement Conflicts. Where plans and specifications have been approved by the City and a conflict arises, the City’s engineering standards shall prevail, unless otherwise approved in writing by the City.

Exceptions for Existing Improvements.

Existing Subdivisions.
1. Meet Minimum Standards. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this Article and are in good condition as determined by the City, no further provision need be made by the subdividers to duplicate such improvements.
2. Do Not Meet Minimum Standards. Where such existing improvements do not meet the requirements as set out, the subdividers shall provide for the repair, correction, or replacement of such improvements so that all improvements will then meet the requirements.
Existing Public Streets. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way of roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Code.

Submission of Development Plan.

At the time the final plat is presented to the Planning Commission for approval, the subdivider shall also present to the Planning Commission a development plan for the entire subdivision. This plan shall show the proposed location, size, and dimensions of all water lines, sewer lines, streets, street signs, sidewalks, alleys, storm sewer lines, bridges, culverts, pumping station, water treatment plants, stormwater best management practices, and sewage treatment plants which will be needed in the subdivision. The plan must further show the location, size, and dimensions of all existing public facilities which will have to be extended into the subdivision.
To expedite approval of the development plan, the subdivider or his engineer shall review the plan with City staff prior to presenting it to the Planning Commission for approval.
At the time the development plan is presented to the Planning Commission, the subdivider shall declare whether he or she is going to utilize Storm Water Best Management Practices, and is going to extend, install, locate, and construct any or all of the following:
1. Water lines;
2. Sewer lines;
3. Streets;
4. Street signs;
5. Alleys;
6. Sidewalks;
7. Storm water infrastructure;
8. Bridges;
9. Culverts;
10. Pumping stations;
11. Water treatment plants; and
12. Sewage treatment plants.

Inspection.

Generally. All improvements constructed or erected shall be subject to inspection by the City or responsible official for setting and enforcing the application design and construction standards of the required improvement.
Cost. The cost attributable to all inspections required by this Section shall be charged to and paid by the subdivider.
Notification. The subdivider shall give at least 48 hours written notification to such official prior to the performance of any of the construction work.
Inspection Procedures.
1. Compliance: After notice is received as specified in Subsection I.3., above, the responsible official may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications.
2. Non-Compliance: If, in the opinion of the official, such work does not comply with the final drawings, he/she shall have the authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies; the subdivider shall again notify the official as provided in Subsection I.3., above.

Final Inspection.

Notification. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the official according to Subsection I.3., above, who shall there upon conduct a final inspection of all improvements installed.
Defects or Deficiencies. If such final inspection indicated that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider in writing of such defects, deficiencies, or deviations and the subdivider shall, at his/her sole cost and experience, correct such defects or deviations within six months of the date of notification.
Corrections. When such defects, deficiencies, or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection.

Effective on: 8/31/2016

Sec. 9.1.209 Naming and Numbering

Street Names.

Naming Conventions. Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of existing street. In no case shall the names for proposed streets duplicate existing street names, irrespective of the use of the suffix street, avenue, broadway, boulevard, driveway, place, or court. In order to avoid duplication, the subdivider should consult with the Zoning Administrator.
Approval of Street Names. It is the intent of this Code to discourage the use of a name for both a through street and a cul-de-sac, circle, etc. All street names shall be approved by the Planning Commission.
Verification.
1. Proposed street names shall be checked by the applicant to ensure that names of existing or planned streets within the City and within the extra-territorial jurisdiction area of Ellis County are not duplicated.
2. No street names shall be approved which will duplicate or be confused with names of existing streets in the City or within the extra-territorial jurisdiction area of Ellis County unless the new street is an extension of, or in alignment with an existing street.

Property Numbering. Property numbering shall be in accordance with Article X, Uniform Addressing System, of the City's Code of Ordinances.

Effective on: 8/31/2016

Sec. 9.1.210 Concept Plan and Development Phasing

The general arrangements and sizing of streets and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval;
The general location of drainage facilities;
The general location of protected natural resources and open spaces; and
The general location of proposed uses and housing types.

Effective on: 8/31/2016

Sec. 9.1.211 Building and Property Lines

Generally. No building permits shall be issued for construction of buildings that cross property lines, except as provided in Subsections B and C., below.

Unify the title to the lots or parcels by having prepared a separate legal instrument, approved as to form by the City Attorney;
Submit the separate legal instrument together with an application to the City for a lot consolidation permit; and
Upon approval of the lot consolidation permit by the Zoning Administrator, properly file and record the legal instrument with the Ellis County Register of Deed within 15 calendar days of approval.

Exceptions. Buildings may cross property lines if it meets all of the following:

The buildings are designed with individual dwelling units or nonresidential spaces that are intended to be conveyed to different owners (e.g., duplexes, triplexes, townhouses, and individual units in strip shopping centers); and
The individual dwelling units or spaces do not cross property lines, except at the centerline of dividing / party walls; and
Appropriate party / dividing wall and building maintenance provisions are recorded (these may be included in property owners' association covenants, conditions and restrictions (CCRs) that are required by Section 9.1.402, Required Property Owners' Association) to allocate maintenance responsibilities and address risk of loss and reconstruction.

Effective on: 8/31/2016

Sec. 9.1.301 Standard Development

Housing Types. New standard neighborhoods are limited to single-family detached dwellings.
Open Space. Open space is generally utilized for bufferyard, recreation, and drainage purposes.
1. If a standard neighborhood exceeds 150 units, it shall be designed as multiple identifiable "neighborhoods" with distinct boundaries.
2. Lots shall be configured so as to maximize the number of lots that are within 1,320 feet of useable open space (e.g., park, trail, etc.), if applicable.

Figure 9.1.301 Illustrative Standard Neighborhood

Application and Process. All applications for standard development require the submittal and approval of a subdivision plat.

Effective on: 8/31/2016

Sec. 9.1.302 Planned Developments

Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
Stormwater Management. Stormwater management facilities should be designed using low impact development best management practices so that these areas are amenities to the subdivision.
Other Required Areas of Open Space. Other areas of open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material enhance natural resource management.
Dwelling Units. Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least the following distances:
1. One to four lots: as required for individual lots;
2. Five to 20 lots: 75 feet; or
3. 21 or more lots: 100 feet.
Lots. Lots shall, where appropriate, be adjacent to or in near proximity to the following:
1. An amenity such as a park or greenway;
2. An existing or restored resource such as a meadow, woodlands, stream or waterbody.

Figure 9.1.302A Illustrative Clustered Neighborhood

Planned Neighborhood. On parcels proposed for development where the developer chooses to provide more than one housing type (e.g., single-family detached and single-family attached housing) and areas of common open space are the organizing feature, the following shall apply (see Figure 9.1.302B, Illustrative Planned Neighborhood, below).
1. Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
2. Connectivity. Streets should continue to neighboring properties so as to provide a continuous street network so that traffic does not have to return to collector or arterial streets to move between residential areas. Cul-de-sacs should not be used that will reduce access to adjoining properties unless there are physical barriers (e.g., floodways, Interstate, etc.) that make such connectivity impracticable.
3. Access. Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also a local street, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street.
4. Compatibility with Abutting Housing. Where a planned neighborhood abuts, is adjacent to, or is located across a local street from existing housing, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
5. Separation of Housing Types.
  1. Single-Family Detached Housing. Where single-family detached housing abuts single-family attached or multi-family dwelling units on the same parcel proposed for development, a Type A bufferyard shall be used to provide for enhanced compatibility between the single-family detached dwellings and other housing types.
  2. Single-Family Attached Housing. Different forms of single-family attached housing types (e.g., duplexes, triplexes, townhouses), should be integrated together (without a bufferyard), as opposed to located within separate, disconnected pods.
  3. Multi-Family Housing. Multi-family housing may be integrated or separated from single-family attached housing with or without a Type A bufferyard separation.
  4. Off-Site Residential Uses. New single-family attached or multi-family uses shall be separated by a Type B bufferyard, or a district bufferyard, whichever is greater, from areas of single-family detached housing located in abutting off-site development.

Figure 9.1.302B Illustrative Planned Neighborhood

Application and Process. All planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.303 Mixed Use Planned Development

Development Standards.

Uses. Only those uses allowed in the M-U or C-3 district, respectively, are permitted in a mixed use planned development.
Lot Building Standards. Standards for maximum building height; minimum lot area and width, and minimum setbacks are set out as follows:
1. Section 3.1.202, Lot and Building Standards for Individual Housing Types per residential dwelling type for residential-only portions of the parcel proposed for development; or
2. Section 3.1.301, Nonresidential and Mixed Use Development Standards for nonresidential and mixed use portions of the parcel proposed for development.
Mix of Uses. Mixed use planned developments shall be comprised of the following minimums:
1. Twenty-five percent residential;
2. Twenty-five percent nonresidential; and
3. Twenty-five percent vertical mixed use.
Residential.
1. Mixed use developments may also include attached residential dwellings as part of a mixed use building where office or nonresidential uses are located on the first floor and residential uses are located on the upper floors.
2. Residential dwelling units shall be prohibited on the first floor of mixed use buildings.
3. The maximum residential gross density for multi-family or mixed use buildings (mix of residential and nonresidential in the same structure) shall be based on the floor area ratio (FAR) set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards.
4. The presence of a home occupation in conjunction with a residential use does not constitute a mixed use, multi-tenant development.
Pedestrian Circulation, Walkways, and Trails.
1. A pedestrian circulation system shall be included in a mixed use planned development in the M-U and C-3 district, respectively, and should be designed to ensure that pedestrians can walk safely and easily throughout the development, without having to walk or utilize the street for travel. The pedestrian system should provide connections between properties and activities or special features within common areas and need not always be located along streets. If the pedestrian system intersects a public or private street within the development, “pedestrian crossing” signs shall be posted.
2. A trail system may be provided in any areas of open space in conformance with the provisions set out in Sec. 9.1.505, Open Space Reservation, Preservation, and Dedication. The system should be designed to minimize disturbance of the site with regard to the natural drainage system and topography. To the maximum extent feasible, natural materials should be used in the construction and maintenance of the trail system.
3. When the parcel proposed for development abuts a public trail, park, or recreation area, the development shall provide pedestrian access from the development to the public area by way of connecting walkway, trail, boardwalk, or bridge.

Application and Process.

All applications for a mixed use planned development shall be for property that is under common ownership, or if under several ownerships, the application shall be filed jointly by all owners of the parcels proposed for development within the proposed mixed use planned development boundaries.
All mixed use planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.304 Manufactured Home Park or Subdivision

Generally. Manufactured home parks and subdivisions shall be designed according to the standards of Division 9.1.200, General Requirements for Development Design, and this Section.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of a manufactured home park or subdivision is five acres.
Maximum Extent of Manufactured Home Park or Subdivision. The maximum extent of a manufactured home park or subdivision is 15 acres.

Site Design. Manufactured home parks and subdivisions shall meet the following site design standards:

Lot Dimensions. Lot dimensions shall be as provided in Division 3.1.200, New Neighborhood Development Standards.
Park or Subdivision Access and Circulation.
1. No vehicular entrance to, or exit from, any manufactured home park or subdivision, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
2. The entrance to the manufactured home park or subdivision shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
3. The interior roadway shall be in accordance with the standards for public or private local streets and shall not include dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
4. All manufactured home spaces shall front upon a private or public roadway of not less than 24 feet in width, including curbs on each side; provided.
Lot or Space Access. Each manufactured home lot or space shall have direct access to the interior roadway.
Off-Street Parking. The number of off-street parking spaces per manufactured home lot shall be in conformance with Division 5.2.100, Parking and Loading Calculations.
Lighting. Lighting shall be provided for interior roads and walkways.
Laundry and Maintenance Buildings. Laundry and maintenance buildings (for use by residents only) may be included in the site design.
Recreation. When manufactured home parks or subdivisions are established:
1. Recreational areas shall be provided which shall be a minimum of 10 percent of the overall parcel proposed for development, exclusive of streets and parking areas; and
2. A portion of that area shall be improved for recreational use prior to the owner/operator starting operations.
Required Bufferyard. All manufactured home parks or subdivisions shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque masonry fence or wall (see Division 4.1.400, Bufferyards).
Utilities. All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes
2. Each manufactured home lot or space shall be within 500 feet of a fire hydrant, except where NFPA Standard #501A allows a different spacing.
Maintenance. All grounds in the manufactured home park or subdivision shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
Pedestrian Circulation. Common walks shall be provided for pedestrian access, especially at office and facility entrances.
Patios and Storage. Each manufactured home space shall be provided with a paved patio of not less than 200 square feet and a storage locker of not less than 100 cubic feet. The lockers shall be designed in a manner that will enhance the park or subdivision and shall be constructed of weather-resistant materials.

Contours at intervals of one foot;
Located in a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water; and
Each manufactured home space shall be clearly defined by street name and number.

Expansion or Modification of Existing MHPs or Subdivisions.

Re-review Required. Any enlargement (e.g., size of property or additional manufactured home lots or spaces, etc.) or modification of site layout of an existing manufactured home park or subdivision shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any manufactured home park or subdivision shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Water Supply.

An accessible, safe, and potable supply of water as approved by the State Health Department shall be provided in each park or subdivision. If a public water supply is reasonably available to the park or subdivision, it shall be used.
Individual water service connections shall be provided at each manufactured home space.
When a private water supply is provided, it shall provide for adequate water supply with minimum flow rates of four gallons per minute for each of the first five manufactured home spaces, an additional two gallons per minute for each additional space for the next 10 spaces, and additional one and one-half (1.5) gallons per minute for each additional space for the next 25 spaces, and an additional one gallon per minute for each additional space thereafter. Such system shall provide a minimum of 20 pounds per square inch of pressure at all connections provided.

Sewage Disposal.

Individual sewer connections shall be provided for each manufactured home space and shall be in accordance with all codes and regulations regarding such systems. If a public sewer system is reasonably available to the park or subdivision, it shall be used.
All sewage systems shall be designed by a licensed professional engineer and shall be submitted to the Utilities Director for approval.
When the sewer lines of the park or subdivision are not connected to a public sewer, a sewage treatment plant or sewage disposal system approved by the City or the engineer having jurisdiction shall be provided.

Effective on: 8/31/2016

Sec. 9.1.305 Recreational Vehicle (RV) Parks

Generally. Recreational Vehicle (RV) Parks shall be designed according to the standards of this Section.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of an RV park is two acres.
Maximum Extent of RV Park. The maximum extent of a RV park is 10 acres.

Site Design. RV parks shall meet the following site design standards:

Location.
1. The park shall be located on a well-drained site, properly graded for rapid drainage and freedom from stagnant pools of water, so that soil conditions, groundwater level, drainage and topography do not constitute hazards to the residents' health and safety.
2. RV parks shall maintain a 1,320 foot separation from each other.
Maximum Density. The maximum site density for RV parks shall be 20 spaces per acre, where only one recreational vehicle is permitted per recreational vehicle space.
RV Spaces. Each recreational vehicle space shall comply with the following:
1. Minimum Space Area. A minimum of 1,250 square feet RV space in area and 25 feet in width by 50 feet in depth is required consisting of:
  1. Permanent RV Parking Pad. No less than 10 feet in width by 24 feet in depth shall be used to construct a permanent parking pad consisting of concrete, gravel, asphalt, crushed rock, or similar material; and each parking pad shall be separated by at least 10 feet from any other parking pad.
    1. Small RV Pads. Parking pads for small RV's shall be no less than 10 feet in width by 24 feet in depth;
    2. Large RV Parking Pads. Parking pads for large RV's shall be no less than 12 feet in width by 36 feet in depth; and
  2. Non-RV Off-Street Parking Space. Each RV space shall have a minimum of one off-street parking space for a vehicle that is not the recreational vehicle.
2. Space Marker. A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway;
3. Accessory Structures. Individual RV spaces are not allowed to have accessory structures (e.g., awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).
RV Park Access and Circulation.
1. The entrance of the internal private roadway shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
2. The internal private roadway shall have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
3. No dead-end streets unless a cul-de-sac is installed in accordance to City specifications for nonresidential cul-de-sacs.
Lot Access. Each recreational vehicle space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
Required Facilities. Each RV park shall install and maintain the following required facilities:
1. Office. An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
2. Laundry and Maintenance Facilities. A laundry and maintenance building shall be included in the site design.
3. Off-Street Parking. Each RV park shall provide a common guest parking lot consisting of one parking space for every five recreational vehicle spaces.
4. Sanitary Facilities. The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. One additional sanitary facility shall be provided for each 10 additional RV spaces. Facilities for males and females shall be separate and located within a permitted building.
  1. Toilets. One toilet for each sex for every 40 RV spaces;
  2. Washbasins. One washbasin shall be provided within the bathroom for every two toilets provided; and
  3. Showers. One shower for each sex per every 40 RV spaces.
5. Design and Maintenance of Sanitary Facilities. Design and maintenance of the sanitary facilities shall be in accordance with the following:
  1. Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing;
  2. The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.
  3. Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
  4. Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times.
  5. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
  6. Sidewalks shall be required around all sanitary facilities connecting to the internal private roadway.
  7. Not located nearer than 25 feet from a RV space or a property line.
  8. No RV space shall be located more than 600 feet from the building.
  9. All lavatories, bathtubs, and showers shall be connected to both hot and cold running water.
  10. Facilities shall maintain a temperature of 70 degrees Fahrenheit.
Lighting. All common buildings and access thereto shall be well lit both inside and out during the night hours and the lighting design shall be in conformance with Division 5.4.100, Lighting.
Required Bufferyard. All RV parks shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a minimum six-foot tall opaque fence or wall but shall not exceed more than eight feet in height (see Division 4.1.400, Bufferyards). The requirement of a six to eight foot wall or fence when abutting residential lots may be exempted if the distance requirement set out in Table 2.2.302, Residential Limited Use and Exception Standards.
Solid Waste Collection. Centralized solid waste collection shall be in accordance with the provisions set out in Section 10.2.105, Solid Waste Collection.
Utilities. In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of this Code.
1. Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management plan is required in conformance with Division 9.2.300, Storm Water Management.
2. Water System. All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then the water supply system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed as follows:
  1. A master water meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. A reduced pressure principal backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
  3. Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least three-fourths inch.
  4. Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
  5. A shut off valve below the frost line shall be provided on each branch line.
  6. The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
  7. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
3. Wastewater System. All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then the system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:
  1. Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas tight seal when connected to a recreational vehicle or have a gas tight seal plug when not in service.
  2. The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be water tight.
  3. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
  4. Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
  5. The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
  6. The responsibility of the City stops at the lot line.
  7. Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
4. Electrical System. All common buildings and RV spaces shall be provided with a connection to the local electrical provider's electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be installed as follows:
  1. A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the local electrical provider, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
  3. The location of all underground lines shall be clearly marked by surface signs at approved intervals.
  4. Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply.
  5. Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weather-proof outlet box.
  6. A water-tight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes.
2. Each RV space shall be within 300 feet of a fire hydrant. .
3. In RV parks in which gasoline, fuel, oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the provisions of the Standard Fire Prevention Code.
4. Bottled gas shall not be used at individual RV lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place.
5. All fire rings, wood burning stoves and other forms of outdoor cooking shall be located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance.
6. Approaches to all RV spaces shall be kept clear at all times for access by firefighting equipment.
Maintenance. In conformance with the landscape surface ratio (LSR) of the district, all grounds in the RV park shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.

Operations. The owner/operator shall collect the following information as part of the registration process for each person renting an RV space in the RV park:

Name;
Full address of permanent residence;
Automobile and recreational vehicle license plate number and the state in which each is registered;
Photocopy of the driver's license of the primary tenant;
The number or letter of the designated space being rented; and
The date of arrival and departure.

Expansion or Modification of Existing RV Parks.

Re-Review Required. Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Suspensions.

Notice. Whenever, upon inspection of any RV park, the Building Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Building Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set out in the notice, the Building Official will suspend the RV park license and give notice of such suspension.
Cessation of Operations. Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park.
Appeal. The suspension of the license may be appealed to the Board of Zoning Appeals.

Abandonment and Restoration.

Plan. In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Building Official showing evidence of a pending lease/sale agreement or a plan of action setting out how the site's improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24 month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Building Official, whichever comes first.
Restoration. If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 9.1.401 Required Property Owner's Association

Effective on: 8/31/2016

Sec. 9.1.402 Required Covenants, Conditions, and Restrictions

Required Covenants, Conditions, and Restrictions (CCRs).

Required. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of CCRs for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense.
Limited Waiver. Developments that are approved under unified ownership and control are not required to have CCRs, provided that a single property owner is responsible for the ongoing compliance of the parcel proposed for development with the requirements of this Code and any conditions of approval. However, a development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities, or individual residential lots) until required CCRs are recorded and have been accepted by the City.
Timing. The applicant shall provide proposed CCRs to the City:
1. Upon filing the application for plat approval; or
2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require CCRs shall be contingent upon approval of the CCR document by the Zoning Administrator).
Plat Annotations. Where a plat is required, the CCRs shall be referenced on the plat. If the plat is recorded prior to the CCRs being recording, the plat shall contain a note that the parcel proposed for development is subject to CCRs.

Effective on: 8/31/2016

Sec. 9.1.403 City Maintenance of Association Property

Generally. The City may (but is under no obligation to) provide any maintenance for any item that is otherwise required to be maintained by the property owners' association as provided herein.

Maintenance Charges to Association. The covenants, conditions, and restrictions (CCRs) shall include a provision that authorizes the City to:

Notify the property owners' association through its designated agent, or if the designated agent is unknown to the City, through notice to individual owners of record, that property within its control requires maintenance to meet the standards of this Code or the conditions of approval of the development or subdivision;
After not less than 10 business days following notice to the association, perform (or cause to be performed) the required maintenance without liability to the association or individual owners; and
Charge the association for the maintenance, or to charge individual lot owners (pro rata according to their share of obligations for dues) for the costs of the maintenance, including an administrative charge, in any of the following ways:
1. By including the charge in the water and sewer utility billing from the City of Hays Utility Services; and
2. By enforcing payment or compliance by other provisions of law.

The association or lot owner(s) provides sufficient written assurances that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the City Engineer;
The City is paid its administrative costs for sending the notice; and
The required maintenance is performed.

Effective on: 8/31/2016

Sec. 9.1.501 Form of Dedication

Effective on: 8/31/2016

Sec. 9.1.502 Streets and Rights-of-Way

Generally. Streets, alleys, and other rights-of-way within parcels proposed for development shall be appropriately dedicated for the purposes they are intended to serve.

Effective on: 8/31/2016

Sec. 9.1.503 Drainage and Storm Water Best Management Practice Easements

Generally.

Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, the applicant shall provide an easement or right-of-way with a location that is substantially the limit of such watercourse, plus additional width to accommodate future maintenance and pedestrian access needs.
Where conditions require, there shall be provided an adequate stormwater best management practice easement. Where such easement is adjacent to lots, tracts, or reserves, the easement shall be noted on the final plat as follows: "The easement indicated shall be maintained by the property owner and kept clear of fences, buildings, planting, and other obstructions to the operation and maintenance of the drainage facility, and abutting property shall not be permitted to drain into this easement except by approved means."
These areas may be suitable for trails, walkways, multi-use paths, or other pedestrian type paths which are used for connectivity to other neighborhoods, public amenities, or major destinations.

Dedication Required.

Dedication of drainage ditch easements (including ditches, swales, berms, pipes, culverts, etc.) shall be made in accordance with the following:
1. Thoroughfare plan;
2. Master plan(s); and
3. Kansas Department of Transportation (KDOT) regulations.
In the event of demonstrated site constraints, the drain ditch shall be reserved on the subdivision plat as a drainage easement. The easement shall include provisions that, when necessary, it will be used for roadway improvements at no cost to the City and that no other improvements shall be constructed within the easement.

Effective on: 8/31/2016

Sec. 9.1.504 Public Utilities Easements

Effective on: 8/31/2016

Sec. 9.1.505 Open Space Reservation, Preservation, and Dedication

Reservation of Open Space.

Generally. Where common open space is provided in a parcel proposed for development and/or subdivision and such open space is to be owned and maintained in accordance with Subsection E.2, below, such open space shall be termed as "open space reservations." Such reservations of open space shall be permitted by the City Commission, providing that the following standards are met:
1. That yards, court areas, setbacks, and other open areas required to be maintained on private lots by this Code, or the City's Code of Ordinances, shall not be included in the computation of such common open space, except as provided for in Subsection A.2., Location of Private Lots, below;
2. That the ownership and maintenance of the open space is adequately provided for by recorded covenants, conditions, and restrictions (CCRs), as applicable, and that the use of the open space is restricted for park and recreational purposes which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Commission;
3. That the proposed open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as shape, topography, geology, access, and location of the private open space land.
Location on Private Lots. Open space may be located on private lots if all of the following are demonstrated:
1. The parcel proposed for development has fewer than 20 dwelling units and is not a planned neighborhood.
2. Bufferyards and other open space areas are identified on the plat as landscape easements that must be maintained by either a property owners' association or the owner of the lot that is subject to the easement.
3. The maintenance requirement is included in the CCRs that apply to the property. The CCRs shall provide that the maintenance requirement is enforceable by the City and may not be amended without the consent of the City Commission. A copy of the CCR's shall be submitted to the City for review and acceptance prior to final approval.

Dedication of Open Space.

All new residential subdivisions shall dedicate an amount of open space as determined by the open space ratio set out in Table 3.1.201, Residential Development Standards, except the following:
1. Those complying with Subsection C., above;
2. Those coming under the lot split provisions set out in Section 11.2.504, Lot Splits;
3. Replatted areas; and
4. Those areas within the corporate limits as of December 31, 1976.
The amount of land required to be dedicated by a subdivider pursuant to this Section, shall be determined by multiplying the required minimum open space ratio by the gross acreage of the parcel proposed for development.

Preservation of Open Space.

Open Space Securely Held. Open space shall not be developed or redeveloped once established.
Responsible Parties. Common open space shall be placed in an easement, and may be owned in the following ways:
1. Dedication to the City, provided the City Commission shall have the final decision to accept and the right to refuse such offers of dedication;
2. Through a special district formed through K.S.A. 12-6a28;
3. A duly recorded covenant of easement whereby the City is a party to the easement, as authorized by motion of the City Commission;
4. A duly recorded conservation easement that is dedicated to a City approved private, non-profit organization, (e.g., land trust) that is capable of managing the open space in perpetuity; or
5. In common by a homeowners', condominium, or property owners' association, with an easement dedicated to all property owners within the association.

The subdivider may make a cash contribution based upon the general land value (land value per acre) and an improvement value (improvement value per acre) of the amount of land which would otherwise be required to be dedicated. The fair market value shall be determined prior to the submission of the final plat by one of the following methods:
1. The City and the subdivider agree as to the value (general land value plus improvement value); or
2. If the subdivider and City cannot agree, the subdivider, at his/her expense, may obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the property. The appraisal shall state the fair market value of such property assuming that the final plat (or, if no plat is required, site plan) is approved, assuming that the dedicated site is improved with the public improvements and water and sewer facilities required for such dedicated sites. The City shall approve the appraisal if it is found to be credible. If the appraisal is rejected, then the general land value shall be applied for the purpose of calculating fees-in-lieu. The appraisal shall only be valid for a six-month period. If the final plat is not completed within the appraisal validation period, the subdivider shall revalidate the value as set out in this Section.
3. The fees-in-lieu shall be calculated as the land value per acre and improvement value per acre, as set out in Subsection 1., above, times the number of acres of land which would otherwise be required to be dedicated.
The subdivider may deed to the City, by separate instrument, lots which are equivalent in value to the amount of land which would otherwise be required to be dedicated. The fair market value of the lots which are to be deeded shall be determined by the following:
1. By agreement between the subdivider and the City; or
2. If the subdivider and City cannot agree, the subdivider may, at his/her expense, obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the platted lots.
The subdivider may provide for a mix of land dedication, improvements, or fees-in-lieu. Land that is dedicated shall not be included in the calculation of the fees-in-lieu but shall be included in the calculation of improvement unless the land is improved by the owner/subdivider to City standards.
No deeding of partial lots shall be accepted by the City. In the event that the value determination results in a fraction of a lot, the subdivider shall fulfill the obligation by either a cash contribution or the deeding of an additional lot. (Code 2000, § 16.24.040)

Obligation of Land or Value Obtained from this Section.

All land required to be dedicated to the City as set out in this Section shall be dedicated for park, open space, and recreational purposes and shall be so indicated on the final plat.
All land reserved as set out in this Section shall be reserved for park, open space, and recreational purposes and shall be so indicated on the final plat.
The use of cash contributions received as set out in this Section shall be as follows:
1. All cash contributions received shall be placed in a trust account created by the City for that area where the subject land is located. All cash contributions received under this provision shall be utilized within a seven-year time period from the date of the cash contribution. The following are the areas of the City:
  1. Area 1: The area located west of Vine Street (Highway 183).
  2. Area 2: The area located east of Vine Street (Highway 183).
2. The funds in each area trust account shall be spent within that area for capital improvements only (land acquisition and development) and shall not be available for operational and maintenance costs.
In such instances where land is deeded by a separate instrument in lieu of actual dedication or cash contribution, the land shall be placed in the hands of the previously described area trust, and any value received from the sale, rental or lease of such lands shall be placed in the trust fund. Any lands deeded to the City as a result of this Section shall not be utilized for any public or private purpose other than park, open space, and recreation, unless proper value has been transmitted to the special trust fund. (Code 2000, § 16.24.050)

Documents to Accompany Submission of a Final Plat.

Restrictive covenants prepared in accordance with Subsection C, above, shall be submitted with the final plat.
All cash contributions, as required, shall be submitted with the final plat.
All deed transfers completely executed by the applicant and approved by the City Attorney shall be submitted with the final plat. (Code 2000, § 16.24.060)

Permitted Uses and Functions. Common open spaces may be put to the following uses or functions, subject to any applicable standards of this Division, and other applicable sections of this Code.

Park, Open Space, and Recreational Uses.
1. Ball fields, golf courses, nature areas, picnic areas, and play courts are allowed in designated common open space areas, provided that the provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 15 percent of the designated open space area and no structures are allowed within the floodplain or floodway.
2. Nature centers are allowed in designated common open space areas, provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 20 percent of the designated open space area.
3. Pools are allowed in designated common open space areas, provided that if a pool house is present, it is less than 1,500 square feet in floor area.
4. Trails and associated structures necessary for trail crossings are allowed in designated open space areas, including the floodplain.
5. Passive recreation uses.

Other Permitted Uses and Functions.

Agricultural Uses. Where agricultural and outdoor nursery / greenhouse, wholesale uses are allowed by Section 2.2.205, Agricultural, Industrial, Utility, Transportation, and Communication Uses, the area of land put to agricultural and outdoor nursery / greenhouse, wholesale uses is counted as common open space. In other districts, noncommercial production of crops (e.g., orchards or garden plots that are an amenity to development) is allowed in designated open space areas.
Landscaped or Natural Systems.
1. Landscaped areas or natural areas.
2. Floodplains and floodways.
3. Waterbodies.
4. Watercourses.
5. Wetlands.
Public Facilities.
1. Public utilities.
2. Stormwater management facilities subject to the standards of Division 9.2.300, Storm Water Management.
3. Solar arrays and wind energy conversion systems (WECS) that comply with Section 10.2.104, Solar Arrays and Wind Energy Conversion Systems (WECS), as applicable, are allowed in designated open space areas that are not floodplains.

Effective on: 8/31/2016

Sec. 9.1.601 Mapping Criteria

Measurements for the boundary are to be made horizontally, perpendicular from, or radial from, any feature or point.
Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.

Waterbodies and Watercourses.

Floodplains. All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exist on the site. Such delineation shall be by a registered professional land surveyor.
Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
Other Waterbodies/Watercourses. Initial identification of other watercourses/waterbodies not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and site plans.

Geology. A Geologic inventory shall include depths to metamorphic and sedimentary rock deposits and layers; depths to groundwater table, aquifer and wellhead recharge zones.

Topography. Topographic lines shall be at one-foot contour intervals unless such intervals are impractical due to essentially flat topography.

Effective on: 8/31/2016

Sec. 9.1.602 Monumentation

Generally. Monuments shall be placed as required by the City Engineer prior to the final acceptance of the plat by the City to mark the following:

Lot corners, points of curvature, points of tangency, and reference points.

Monument Requirements. The following guidelines apply to artificial monuments to be set:

Permanent monuments consisting of an iron metal must have at least one-half-inch outside diameter and must be at least two feet in length (longer in soft or unstable soil). Concrete monuments must be at least three inches in width or diameter by 24 inches in length, reinforced with an iron rod at least one-fourth inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
Temporary monuments on existing concrete, stone, or steel surface must consist of drill holes, chisel marks, or punch marks and must be of sufficient size, diameter, or depth to be definitive, stable, and readily identifiable as a survey monument. Marks on asphalt streets may consist of railroad spikes, large nails, "PK nails," or other permanent metal spikes or nail-like objects.
Wooden stakes shall not be set as permanent boundary monuments.

Effective on: 8/31/2016

Sec. 9.2.101 Purpose

Establishing major and minor stormwater management systems;
Defining and establishing stormwater management controls and practices; and
Establishing guidelines for attenuating or avoiding flooding within the City from the cumulative effects of increased volume and peak discharge of surface water runoff (see Article 9.3, Flood Damage Prevention).

Effective on: 8/31/2016

Sec. 9.2.102 Application

1.
For properties in the major system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection B, Major System:
1. a.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.
2.
For properties in the minor system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection C, Minor System:
1. a.
  When any property or larger common plan of development will add 10,000 or more square feet of impervious area, it shall ensure that post-development runoff from the five-year, 25-year and 100-year storm event results in no increase in peak flow rates from the entire site, in accordance with the most recently adopted "Design Criteria Storm Drainage Systems and Facilities."
2. b.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.

Pollution Prevention. Stormwater pollution prevention for properties in the major and minor system:

1.
When any property will disturb greater than 1,000 square feet, there shall be required a stormwater pollution prevention plan before a building permit is issued.
2.
The stormwater pollution prevention plan shall detail construction site Best Management Practices that prevent the illicit discharge of prohibited substances, as detailed in Sec. 9.2.205, Drainage Permits and Prohibited Acts, Subsection C, Specific Illicit Discharges Prohibited, into the municipal stormwater drainage system.

Effective on: 1/25/2024

Sec. 9.2.103 Interpretations

Effective on: 8/31/2016

Sec. 9.2.104 Relationship to Other Laws

Effective on: 8/31/2016

Sec. 9.2.105 Conflicts with Public and Private Provisions

Effective on: 8/31/2016

Sec. 9.2.106 Disclaimer of Liability

Effective on: 8/31/2016

Sec. 9.2.107 Adoption of Post Construction Stormwater Best Management Practices Manual

Effective on: 8/31/2016

Sec. 9.2.108 Fees

Effective on: 8/31/2016

Sec. 9.2.201 Creation of Stormwater Utility

Effective on: 8/31/2016

Sec. 9.2.202 Findings and Determinations

Benefits. The benefits of the stormwater management system include, but are not limited to:

The provision of adequate systems of collection, conveyance, detention, retention, treatment, and release of stormwater;
The reduction of hazards to property and life resulting from stormwater runoff;
Improvement in general health and welfare through reduction of undesirable stormwater conditions;
Improvement of water quality in the storm and surface water system and its receiving waters; and
Appropriate balancing between development and preservation of the natural environment.

Achievements. The stormwater management system will also:

Initiate innovative and proactive approaches to stormwater management within the City to address problems in areas of the City that currently are prone to flooding;
Protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City; and
Assist in meeting the mandates of the National Pollutant Discharge Elimination System (NPDES), as created under the Federal Clean Water Act and associated State and Federal laws and their supporting regulations.

Public Monies. Implementation of the stormwater management system will require the expenditure of significant amounts of public money.

Beneficiaries. All developed property in the City will benefit from the stormwater management system.

Cost Distribution. The City desires to fairly distribute costs of the stormwater management system implementation among all developed property which generates the need therefore.

Study. The City commissioned a study that was prepared by Camp Dresser & McKee, Inc., to assist the City in developing the stormwater utility and to recommend an ERU and an ERU rate.

Fees Determined Reasonable. The governing body has evaluated the study and recommendations and hereby determines that the fees set forth are reasonable and necessary.

Effective on: 8/31/2016

Sec. 9.2.203 Administration

Refer to Sec. 11.1.305, Stormwater Superintendent.

Effective on: 8/31/2016

Sec. 9.2.204 Operating Budget

Effective on: 8/31/2016

Sec. 9.2.205 Stormwater Management Service Fee

ERU. The ERU is hereby established for the purposes of calculating the stormwater utility user fee. The ERU is hereby established to be 3,369 square feet of impervious area.

Effective on: 8/31/2016

Sec. 9.2.206 Appeal Procedure

Refer to Sec. 11.2.311, Appeal of Stormwater Management Service Fee.

Effective on: 8/31/2016

Sec. 9.2.207 Stormwater Management Service Fee Collection

Effective on: 8/31/2016

Sec. 9.2.208 Stormwater Utility Fund

Effective on: 8/31/2016

Sec. 9.2.301 Stormwater Runoff Management System

Generally. This Section establishes the stormwater runoff management system, which shall be composed of a major system, a minor system, management controls, and management practices.

Management Controls.

Generally, management controls are regulations applicable to the minor system under the provisions of this Subsection. Such controls shall govern any activity which will adversely affect the hydraulic function of any stormwater drainage facilities, public or private, including, but not limited to, retention/detention facilities, open channels, drainage swales, and enclosed or open stormwater conveyance systems.
The Chief Building Official shall refer to the City's Stormwater Superintendent all development plans and all building permit applications that may require a stormwater management plan and subsequent drainage permits to the City's Stormwater Superintendent for determination of the applicability of this Article.
The drainage permit fee is as promulgated by the City Council, which may change from time to time. (Ord. No. 3832, §§ 1, 2, 4-14-2011; Ord. No. 3896, § 4, 2-26-2015)

Public Responsibilities Under the Stormwater Management System.

Administration. The administration of the stormwater management system shall be the responsibility of the City Stormwater Superintendent, or his/her designee, who shall review and approve stormwater management plans as provided in this Section.
Operation and Maintenance of Public-Owned Facilities. The City shall be responsible for all maintenance of the public-owned drainage system, either improved or unimproved, located in right-of-way and on City-owned property. Maintenance of the public-owned drainage system located on private property and/or in utility or drainage easements shall be limited to the public-owned improvements, such as concrete structures, pipelines or concrete channel liner, and to the repair of any erosion-caused drainage system failure within this improved portion only of the drainage system. The City will maintain the free flow of all storm drainage within the corporate limits of the City. However, it shall be the responsibility of the owner, occupant, or agent in charge of private property, upon which the public storm drainage system exists, to maintain all vegetation, including mowing the grass and weeds, trimming, and/or removal of dead trees and shrubs and providing of such other general maintenance as is required, except as described in this Subsection.

Private Responsibilities Under the Stormwater Management System.

Each developer, applicant, and/or owner of land within the City has the responsibility to provide all approved stormwater runoff management facilities to ensure the adequate drainage and control of stormwater on the developer's, applicant's, and/or property owner's property both during and after construction of such facilities.
Each developer, applicant, and/or owner of land within the City shall have the responsibility and duty to properly design, construct, operate and maintain any on-site stormwater retention/detention facility which has not been accepted for maintenance by the City. Such responsibility shall be a covenant running with the land, transferred to subsequent owners through appropriate covenants. This maintenance shall include debris control and cleaning, cutting of vegetation, erosion repair, repair of rodent damage to dams and levees, removal of silt, and maintenance of structural facilities, and all other actions necessary to accomplish the ultimate goal of stormwater control.
Owners of retention/detention basins and associated facilities shall, upon completion of construction, furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent that the retention/detention basin has adequate storage capacity and that all associated facilities including inlet and outlet structures are fully functional.
Owners of all property containing either public or private drainage systems shall provide access to the system for City maintenance crews. No structures shall be constructed to obstruct access. The City Stormwater Superintendent’s approval of proposed changes to any drainage system shall be obtained prior to construction.
Owners of retention/detention basins and associated facilities with storage capacity in excess of 100,000 cubic feet total on-site storage shall furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent once every four years that the retention/detention basin has adequate storage capacity City and that all associated facilities including all inlet and outlet structures are fully functional. This shall not apply to retention/detention facilities which were in place as of January 1, 2000.

Storage. Runoff may be stored in temporary or permanent retention/detention basins, through rooftop or parking lot ponding, percolation storage, or by other approved means.
Enclosed Systems with Underground Structures. Enclosed systems consisting of underground pipes, culverts, and similar functional underground structures shall not be used to convey stormwater unless overland conveyance is shown to be unfeasible. Short sections of pipe are allowed in order to reduce risk to adjacent properties and drain stormwater best management practices. Maximum use of open channels is required to reduce long-term costs to the City for infrastructure maintenance and to promote improved water quality while reducing stormwater flows and maintaining groundwater recharge.
Streets, Curbs, and Gutters. Streets, curbs, and gutters shall be an integral part of the stormwater management system. To the maximum extent possible, drainage systems, street layout and grades, lot patterns, and location of the curbs, inlets, and site drainage and overflow swales shall be designed in accordance with the design criteria and performance standards set out in this Article.
Enclosed Conveyance Systems. Enclosed conveyance systems consisting of inlets, conduits and manholes may be used to convey stormwater runoff only where open channel flow is not feasible.
Practices Not Exclusive. The stormwater runoff management practices enumerated in this Article shall not constitute an exclusive listing of available management practices. Other generally accepted practices and methods may be utilized where approved by the City if the minimum standards and intent as described in this Section are maintained.

Effective on: 8/31/2016

Sec. 9.2.302 Stormwater Management Plans

Stormwater Management Plans.

Preliminary Stormwater Management Plan. A preliminary stormwater management plan shall accompany preliminary applications for any proposed project. This preliminary plan shall contain, but not be limited to, the following information and data:
1. A site plan of suitable scale and contour interval indicating topographical information of the land to be developed and adjoining land tributary to the point of consideration whose topography may affect the proposed layout or drainage patterns for the project. A general plan of final contours of the project site shall also be indicated. All existing streams, waterways, channels, and the extent of the established floodplains shall be indicated;
2. The location and calculated peak discharge rates to all adjacent storm drainage facilities;
3. The type and drainage characteristics of soils contained in the project area;
4. A description of the concepts to be considered within the project to handle anticipated stormwater runoff, including the methods to be utilized to detain or control increased stormwater runoff generated by the proposed project;
5. A preliminary plan of the proposed storm drainage facilities, including preliminary calculations of stormwater runoff and detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. A description of the possible effects that the proposed project could have on areas adjoining and upstream of the project, including adjacent property;
7. Following the receipt of the preliminary stormwater management plan, a general review meeting will be conducted and shall include the City Stormwater Superintendent or his/her staff, representatives of the developer/applicant and the developer's/applicant's engineer. The purpose of this review shall be to jointly agree on the conceptual methods proposed to be utilized and the possible effects of the proposed project on existing or future adjacent projects.
Final Stormwater Management Plan. Following the review of the preliminary stormwater management plan, and after general approval of the preliminary plan by the City Stormwater Superintendent, a final stormwater management plan shall be prepared. The submittal of the final plan shall coincide with the application for final approval of the project and shall constitute a refinement of the concepts approved in the preliminary plan. If a project is to be phased, the total area of the conceptual project is to be considered in all calculations, and facilities shall be designed for each phase which would be compatible with those of the total project plan. The final stormwater management plan for any project shall include, but not be limited to, the following additional detailed information, unless specifically excluded during the preliminary concept review meeting:
1. A topographic map of the project site and adjacent areas, of suitable scale and contour interval, which shall define the location of streams, the extent of floodplains and calculated high water elevations, and the shoreline of lakes, ponds, swamps, and retention/detention basins including their inflow and outflow structures, if any;
2. The location, size, material (e.g., reinforced concrete pipe), slope, and invert elevation of all existing sanitary or storm sewers, and the location of any existing stormwater wastewater pumping or treatment facilities, which fall within the project limits plus 200 feet outside the project limits;
3. Detailed determination of runoff anticipated for the entire project site following project completion indicating design volumes and rates of proposed runoff for each portion of the watershed tributary to the storm drainage system, the calculations used to determine such runoff volumes and rates and review of the criteria which have been used by the project engineer throughout his or her calculations;
4. A refined layout of the proposed stormwater management system, including the location and size of all drainage structures, storm sewers, channels and channel sections, retention/detention basins, and analyses regarding the effect such improvements will have upon the existing downstream drainage facilities;
5. A preliminary plan of the proposed storm drainage facilities including preliminary calculations of stormwater runoff and retention/detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. For all retention/detention basins, if any, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations;
7. For all retention/detention basins, if any, design hydrographs of inflow and outflow from the site under proposed project conditions;
8. A stormwater pollution prevention plan for the entire project site as required by Section 9.2.303, Stormwater Pollution Prevention Plans; and
9. A profile and one or more cross sections of all existing and proposed channels or other open drainage facilities, indicating existing conditions and the proposed changes, together with the high water elevations expected from stormwater runoff under the controlled conditions called for by this Article and the relationship of structures, streets, and other utilities to such channels for a distance as far downstream as the runoff will have a noticeable effect.
10. For all post construction best management practices, submittal of calculations, hydrographs, plans, profiles, and detailed specifications is required.
Review and Approval of Final Stormwater Management Plan.
1. The final stormwater management plan shall be reviewed by the City Engineer. If it is determined according to present engineering practice that the proposed project will provide control of stormwater runoff in accordance with the purposes, design criteria, and performance standards of this Article and will not be detrimental to the public health, safety, and general welfare, the City Engineer shall approve the plan or conditionally approve the plan, setting out the conditions.
2. A drainage permit for the project shall be granted; provided, the requirements for the drainage permit in Section 9.2.305, Drainage Permits and Prohibited Acts, have been met. If it is determined that the proposed project will not control stormwater runoff in accordance with this Article, the City Engineer shall disapprove the final stormwater management plan. If disapproved, the application and data shall be returned to the applicant for review, revision, and resubmittal.

Effective on: 8/31/2016

Sec. 9.2.303 Stormwater Pollution Prevention Plans

Requirements for Stormwater Pollution Prevention Plans (SWPPP) for Subdivision Developments.

Where construction of any residential, commercial, or industrial subdivision development will involve one or more construction activities during the life of the development project, the owner of a site of any construction activity, and any developer on the owner's behalf, shall submit a stormwater pollution prevention plan (SWPPP) that meets KDHE requirements and complies with Best Management Practices (BMPs), as part of any platting of such subdivision; or, if the subdivision is already platted and is not subject to an existing stormwater pollution prevention plan, then such shall be submitted as part of the site plans in relation to the initial building permit application within such development. The stormwater pollution prevention plan shall provide for all phases of development within the subdivision, including general grading and the construction of individual buildings and other improvements within the development, but shall not be required to include the construction of public improvements which are to be constructed by the City, such as internal water and sewer mains and public streets and sidewalks.
The subdivision owner shall provide a copy of the stormwater pollution prevention plan to all contractors and utility companies prior to their working within the subdivision.
The subdivision owner shall be responsible for implementation of the stormwater pollution prevention plan as to all construction activity within the development, excluding construction under the control of a subsequent owner of an individual lot or parcel or as to construction managed by utility companies.
Any subsequent owner of an individual lot or parcel with such subdivision shall be responsible for continued implementation of the stormwater pollution prevention plan for all construction activity within or related to that owner's lot or parcel, excluding construction managed by utility companies
The subdivision owner shall be responsible for maintenance of common controls such as sedimentation basins until all construction activity draining to the common control is 85 percent completed and the surfaces are stabilized with permanent vegetation or non-eroding surfaces.

Stormwater Pollution Prevention Plan (SWPPP) Submissions; Amendments.

Construction sites disturbing one or more acres of land and construction sites disturbing less than one acre of land but part of a larger common plan of development within the City are required to submit a storm water pollution prevention plan (SWPPP) that meets KDHE requirements and complies with BMPs, as part of the standard building permit process. The stormwater pollution prevention plan shall be reviewed as to form as part of the City's established platting and building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed stormwater pollution prevention plan.
Construction sites disturbing greater than 1,000 square feet but less than one acre and not part of a larger common plan of development are required to submit a storm water pollution prevention plan that details and illustrates storm water BMPs to reduce or eliminate pollutants in storm water discharges from the construction site. The storm water pollution prevention plan shall be reviewed as to form as part of the City's established building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed storm water pollution prevention plan.
Changes to the stormwater pollution prevention plan are authorized so long as compliance with KDHE's general construction stormwater permit is maintained. If proposed changes impact the post-construction conditions of the site, the changes shall be submitted to the City for review.

Requirements Applicable to Utility Companies.

Utility companies operating within the City are required to use BMPs, such as downslope controls, spill prevention, and cleanup best practices, and immediate site stabilization measures.
Utility companies are prohibited from making illicit discharges to the municipal storm sewer system.
Utility companies performing large projects that are not routine in nature and disturbing more than one acre of land within the City are required to obtain KDHE general construction stormwater permit coverage, they shall also submit a stormwater pollution prevention plan that meets KDHE requirements and complies with BMPs, to the City prior to beginning work.
Utility companies operating within a construction site permitted to a third party must follow BMPs within the permitted construction site.
Utility companies are subject to all enforcement measures provided for in this Code and other ordinances of the City.

Requirements Generally Applicable.

No contractor, subcontractor, or utility company shall enter the site subject to a stormwater pollution prevention plan for the purpose of engaging in any work prior to obtaining a copy of the stormwater pollution prevention plan for the site or project, and without taking such steps as necessary so that its activities on that site are in compliance with the stormwater pollution prevention plan.
Each contractor, subcontractor, and utility company is responsible for taking all reasonable steps necessary to avoid damaging any BMP devices once in place. Any person whose actions or neglect have resulted in the alteration, damage, or impairment of any BMP devices in place pursuant to a stormwater pollution prevention plan shall immediately repair or remedy the same, and shall be responsible for all costs necessary for such repair and remediation.
It shall be unlawful for any person responsible for performance of and/or adherence to a stormwater pollution prevention plan to fail to comply with the requirements of that plan. The requirements under a stormwater pollution prevention plan shall remain applicable until such time as the construction activities under the plan have been satisfactorily completed and the site surface properly stabilized or covered as determined by the City Stormwater Superintendent.

Dischargers of stormwater associated with industrial activity and other holders of National Pollutant Discharge Elimination System permits (NPDES) must provide proof of compliance with the provisions of the NPDES stormwater discharge permit when requested by and in a form acceptable to the City Stormwater Superintendent.
The fact that a person has conducted all activities in conformance with a stormwater pollution prevention plan or in conformance with approved or established BMPs shall not constitute a defense to a charge of violation of the illicit discharge prohibitions of this Section.

Effective on: 8/31/2016

Sec. 9.2.304 Stormwater Design Criteria and Performance Standards

Performance Standards.

Channel Location. Generally acceptable locations of stormwater runoff channels in the design of a subdivision may include, but not be limited to, the following:
1. Located adjacent to the lot line of an individual lot;
2. A drainage easement to facilitate maintenance and design flow shall be provided and indicated on the plat. No private structures shall be allowed to be constructed within or across stormwater channels.
Storm Sewer Outfall. The storm sewer outfall shall be designed so as to provide adequate protection against downstream erosion and scouring.
Lot Lines. Whenever the plans call for the passage and/or storage of floodwater, surface runoff or stormwater along lot lines, the grading of all such lots shall be prescribed and established for the passage and/or storage of waters. No private structure may be erected in these areas which will obstruct the flow of stormwater. Further, installation of fences, and the planting of shrubbery or trees within the area will not be permitted. Such items existing at the time of adoption of the Code will be grandfathered to remain only until such point in time as the City Engineer determines that such items obstruct the flow of stormwater, whereupon the City Stormwater Superintendenter Superintendent shall notify the property owner by certified mail to perform remedial work as described therein. Changes in the prescribed grades and contours of the floodwater or stormwater runoff channels will not be permitted unless approved in writing by the City Engineer. Where more than two lots or parcels are involved in a common stormwater runoff problem, the City will serve as a facilitator to assist the property owners involved to solve existing stormwater problems by making meeting rooms and City representatives available for consultation in the formation of a benefit district. Otherwise, these kinds of problems are treated as civil matters between property owners.
Interception of Runoff from Private Commercial and Industrial Sites. If proved to be warranted by the Stormwater Superintendent, stormwater runoff from private commercial and industrial sites shall be intercepted by inlets prior to being discharged into the public stormwater system, if a public stormwater system is within 200 feet of the proposed site. The intent of this requirement is to prevent runoff from private commercial and industrial sites from being discharged directly into public streets.
Easements. Permanent easements for the retention/detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the City. Easements shall be as provided in Subsections 4.1, 5.1 and 6.2, Easements, Design Criteria, Storm Drainage Systems and Facilities.
Maintenance. Provisions acceptable to the City for perpetual maintenance of retention/detention/ facilities, best management practices, outlet works, and appurtenances shall be made as follows:
1. Small ditches and similar conveyances planted to turf grass needing no special long-term care shall be in a right-of-way or easement and shall be the responsibility of abutting property owners for regular mowing in accordance with City's Code of Ordinances.
2. Retention/detention facilities, best management practices, outlet works, and appurtenances serving multiple properties and right-of-way in residential, mixed use, industrial, and commercial development shall be the long-term responsibility of the property owners for which the facilities serve. Additionally, a restrictive covenant, by deed, or plat shall be required.
3. Retention/detention facilities, best management practices, outlet works, and appurtenances serving individual commercial and industrial properties shall be located on the same parcel as the commercial and industrial development and shall be the responsibility of the property owner, in perpetuity.
Drainage Permits. A drainage permit for projects including retention/detention facilities shall be granted by the City Stormwater Superintendent only after the final stormwater management plan has been approved and all easements and restrictions have been transferred, dedicated, accepted and recorded, and all required maintenance assurances and any required security or bonds have been executed and recorded, if necessary.
Plans for Grading, Sedimentation and Erosion Control.
1. Generally.
  1. Prior to the approval and recording of the final subdivision or site plan, a plan depicting proposed site grading within the project shall be submitted to the City Stormwater Superintendent for review and approval.
  2. Stripping of vegetation or earthmoving shall not be permitted nor will building or construction permits be issued prior to approval of this plan by the City Stormwater Superintendent.
  3. For major subdivision projects consisting of more than one acre, the grading plan shall be accompanied by a detailed sedimentation and erosion control plan.
2. Subdivision Grading Plans. The grading plan shall be prepared by a professional engineer licensed in the state. The contents of the plan shall include, but not be limited to, the following information:
  1. Contours of existing grades at intervals not more than two feet. Intervals less than two feet may be required if the slope is less than one percent for 40 percent of the total area or dependent on the character of the topography;
  2. Property lines identified as to existing or proposed lot and block number;
  3. Elevation and location of the nearest bench mark (USGS datum);
  4. Contours of finish grades drawn at sufficient intervals of not more than two feet to depict major subdivision drainage patterns. In addition, finished grade spot elevations shall be shown for all corners of each lot. Such corner elevations shall be general in nature and, upon approval of the City Stormwater Superintendent, may be revised at the time of plot plan submittal;
  5. One hundred-year floodplain limits and elevations;
  6. Easement and right-of-way information (including drainage easements) required for off-site drainage ways; and
  7. Existing and proposed utility information.
3. Grading Plans for Nonresidential Individual Lots. Applications for individual building permits shall be accompanied by a specific grading plan for that lot. Such grading plan shall be incorporated into the plot plan and shall contain as a minimum, the following information:
  1. Existing or proposed property lines and lot and block numbers;
  2. The proposed location of the structure;
  3. The proposed type of structure (e.g., bi-level, split-level, etc.);
  4. Elevations of the top of the foundation and the proposed grade at principal structure corners and at lot corners;
  5. An approximate location of drainage swales indicated by directional arrows depicting flow patterns. Spot elevations may be utilized in lieu of arrows. Additional information may be required by the City Stormwater Superintendent to assure protection of adjacent property.
4. Minimum Grading Standards. The following minimum criteria for site grading shall apply to all applications for the site grading permit:
  1. Protective Slopes Around Structures.
    1. A downward slope shall be provided from structure foundations to drainage swales.
    2. A minimum gradient of 0.5 percent for concrete paved surfaces; one percent for other impervious surfaces, except in defined swales the minimum gradient shall be 0.5 percent, and in concrete gutters the minimum gradient shall be 0.3 percent.
    3. A maximum gradient shall be 4:1, horizontal to vertical, for a minimum of four feet from foundation walls.
  2. Lawn Areas. Minimum gradient shall be one percent. A gradient of two percent is recommended, where practical.
  3. Driveways. Driveways sloping toward buildings shall be graded in such a manner as to provide an intercepting swale draining away from the structure prior to its connection with the building. In specific cases, the use of gradients less than or greater than those specified may be necessary. Variance from these requirements may be allowed where justified and approved by the City Engineer.

Effective on: 8/31/2016

Sec. 9.2.305 Drainage Permits and Prohibited Acts

Prohibitions.

No person shall discharge or release, or cause or permit to be discharged or released, into the municipal stormwater drainage system, any substance which is not composed entirely of uncontaminated stormwater, except as allowed in Subsection D., below.
Notwithstanding the provisions of Subsection D. below, any discharge or release shall be prohibited by this Section if the discharge or release in question has been determined by the City Stormwater Superintendent to be a source of pollutants or contamination to the municipal stormwater drainage system and has given notice thereof.
The construction, use, maintenance, or continued existence of illicit connections as defined in Subsection E., below is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.
No person shall connect a line conveying sewage, domestic sewage, or industrial waste to the municipal stormwater drainage system, or allow any such existing connection to continue.
No person shall intentionally destroy, damage, or otherwise interfere with the effectiveness of any best management practices implemented pursuant to this Article.
No person shall discharge otherwise allowable waters under this Article to public property and right-of-way which causes damage, harm, or inconvenience to the public through prolonged saturation, erosion, water pollution, or damage to property.

Motor oil, antifreeze, or any other petroleum product or waste;
Industrial waste;
Hazardous waste, including household hazardous waste;
Domestic sewage, septic tank waste, grease trap waste, or grit trap waste;
Garbage, rubbish, or yard waste (including grass trimmings, leaves, weeds, and all other vegetation or portions, trimmings or wastes);
Wastewater which contains soap, detergent, degreaser, solvent, surfactant, emulsifier, dispersant, or other cleaning substances;
Wastewater from any commercial facility for the washing of vehicles, such as car wash facilities; or from any similar facility associated with any new or used vehicle distributorship, rental agency, body shop, repair shop or maintenance facility; or from any similar facility maintained by any business or institution for the washing, cleaning, or maintenance of its own business or commercial vehicles or heavy equipment;
Wastewater from the cleaning of the portion of vehicles or equipment which contained ready-mixed concrete, mortar, ceramic, asphalt-based material, or hydromulch material;
Wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum, or hazardous substance has occurred;
Effluent from a cooling tower, condenser, compressor, emissions scrubber or emission filter, or the blowdown from a boiler;
Runoff, washdown water or waste from any animal pen, kennel, fowl, or livestock containment area;
Swimming pool water which has not been de-chlorinated in accordance with the specifications of the City Stormwater Superintendent;
Swimming pool or fountain filter backwash;
Any substance or material which will damage, block, or clog the municipal stormwater drainage system;
Any release from a petroleum storage tank, or any leachate, or runoff from soil contaminated by a petroleum storage tank leakage;
Pesticides or fertilizers, including runoff from the improper storage, discarding, transportation, or application of pesticides or fertilizers;
Discharge of street sweepings;
Wastewater from concrete cutting, pavement cutting, pipe cutting, and any similar operation where water is used to cool cutting equipment;
Wastewater from oil and natural gas exploration and production activities;
Discharge from construction activities oil and natural gas exploration sites without downslope best management practices maintained and in-place;
Runoff, washdown, or wastewater which contains any of the above;
Nonstormwater discharge from a construction activity site unless specifically authorized by the most current version of Kansas Department of Health and Environment's (KDHE) general construction stormwater permit; or
Any other water, wastewater, or stormwater requiring National Pollutant Discharge Elimination System (NPDES) authorization.

Illicit Discharge Exceptions. The following nonstormwater discharges are deemed acceptable and not a violation of Subsections B. and C., above:

Uncontaminated discharge from water line flushing;
Uncontaminated discharge or flow from a diverted stream flow or a natural spring;
Uncontaminated groundwater infiltration as defined under 40 CFR 35.2005(20) to separate storm sewers;
Discharge of flow from uncontaminated pumped groundwater or rising groundwater;
Discharge or flow from contaminated groundwater if specifically authorized by KDHE and the City;
Uncontaminated discharge or flow from potable water sources;
Uncontaminated discharge or flow from a foundation drain, a crawl space pump, a footing drain, or a sump pump;
Uncontaminated discharge or flow from air-conditioning condensation, which is not mixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of any pollutant;
Infrequent and uncontaminated discharge or flow from lawn watering, landscape irrigation, or other irrigation water;
Discharge from the occasional, noncommercial washing of vehicles upon a residential premises;
Uncontaminated discharge of flow from riparian habitat or wetland;
Swimming pool discharges (excluding filter backwash), which have first been de-chlorinated pursuant to specifications of the City Stormwater Superintendent;
Discharge or flow from street washing, which is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other harmful cleaning substance;
Discharge or flow from emergency firefighting activities, or which results from actions taken under emergency conditions which are reasonably necessary to mitigate damages to life and property;
Uncontaminated residential heat pump discharge waters;
Treated wastewater meeting requirements of a NPDES permit;
Nonpoint agricultural discharge, excluding discharges from confined animal feeding operations; and
Other discharges determined by the City Stormwater Superintendent not to be a significant source of pollutants to waters of the state; provided, however, that if the City Stormwater Superintendent determines that any discharge or flow of a type identified above is a source of pollutants to the waters of the municipal stormwater drainage system, and gives direct oral or written notice thereof to the person or party responsible for such property or for such discharges or flows, then the exception provided shall in this Subsection no longer apply.

Effective on: 8/31/2016

9.3.101 Authorization

Effective on: 8/31/2016

9.3.102 Findings of Fact

General Causes of the Flood Losses. These flood losses are caused by:

The cumulative effects of development in any delineated floodplain causing increases in flood heights and velocities; and
The occupancy of flood hazard areas by uses that are vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

Methods Used to Analyze Flood Hazards. The Flood Insurance Study (FIS) uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps, as follows:

Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this Article. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one given year as delineated on the Federal Insurance Administrator's Flood Insurance Study (FIS), and illustrative materials dated June 15, 2022, as amended, and any future revisions thereto.
Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
Delineation of the floodway fringe (e.g., that area outside the floodway encroachment lines) but still subject to inundation by base flood.

Effective on: 8/31/2016

Sec. 9.3.103 Purpose

1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
2. Require uses vulnerable to floods, including public facilities that serve such uses to, be provided with flood protection at the time of initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended development purposes due to flood hazards.

Effective on: 8/31/2016

Sec. 9.3.104 Application

Effective on: 8/31/2016

9.3.105 Abrogation and Greater Restrictions

Effective on: 1/1/1901

9.3.106 Warning and Disclaimer of Liability

Effective on: 1/1/1901

Sec. 9.3.201 Provisions for Flood Hazard Reduction

General Standards.

Generally. No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this Section are satisfied.
100-Year Flood. All areas identified as unnumbered A zones on the Flood Insurance Rate Map (FIRM), having an index map date of June 15, 2022, are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones are subject to all provisions of this Article. If Flood Insurance Study (FIS) data is not available, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.
Floodway Designation. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
All Development. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
1. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Construction with materials resistant to flood damage;
3. Utilization of methods and practices that minimize flood damages;
4. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
  1. All such proposals are consistent with the need to minimize flood damage;
  2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
  3. Adequate drainage is provided so as to reduce exposure to flood hazards; and
  4. All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.
Storage, Material, and Equipment. The storage of material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
Nonconforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this code, may be continued subject to the following conditions:
1. 1. If such structure, use, or utility service has been or is discontinued for 24 consecutive months, any future use of the building shall conform to this ordinance.
  2. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 600 square feet, may be constructed at-grade and wet-flood proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; the accessory structure meets the following floodplain management requirements; and a
floodplain development permit has been issued. Wet-flood proofing is only allowed for small low-cost structures.
1. 2. Use of the accessory structures must be solely for parking and limited storage purposes in any special flood hazard area as identified on the community's Flood Insurance Rate Map (FIRM).
  3. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 9.3.201(A)(4)(b) of this regulation.
  4. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with, Section 9.3.201(A)(4)(d) of this regulation. All of the building's structural
    components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
  5. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 9.3.201(4) of this regulation.
  6. The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Section 9.3.201(B)(1)(c) of this regulation.
  7. The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 9.3.201(E)(2) of this regulation. No permits may be issued for accessory structures within any
    designated flood way, if any increase in flood levels would result during the 100-year flood.
  8. Equipment, machinery, or other contents must be protected from any flood damage.
  9. Wet-flood proofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last 5 calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into with 9.3.201(4)(B)(l) which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/flood proofing of nonresidential structures to one (1) foot above the base flood elevation.

Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated a minimum of one foot above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Nonresidential Construction.
1. New construction or substantial improvement of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be dry floodproofed to a minimum of one foot above the base flood elevation. Mechanical and HVAC equipment shall be protected or elevated to same level as the lowest floor. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set out in Section 11.1.304, Floodplain Administrator.
2. For all new construction and substantial improvements, that fully enclosed areas below the lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
  1. A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided; and
  2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

Manufactured Homes.

All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) shall be required to be installed using methods and practices that minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
Manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) sites:
1. Located outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. Located in an expansion to an existing manufactured home park or subdivision; or
4. Located in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood are required to be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Manufactured homes are required to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's Flood Insurance Rate Map (FIRM), that are not subject to the provisions of this Subsection C.2., above, be elevated so that:
1. The lowest floor of the manufactured home is a minimum of one foot above the base flood level;

AO Zones.
1. All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map (FIRM) (at least two feet if not depth number is specified).
2. All new construction and substantial improvements of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community Flood Insurance Rate Map (FIRM) (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely flood proofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
3. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
AH Zones.
1. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set out in Subsection B. above.
2. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
If Subsection E.2., above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
In unnumbered A zones, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set out in Subsection A.1. above.

Be on the site for fewer than 180 consecutive days; or
Be fully licensed and ready for highway use; or
Meet the permitting, elevation, and anchoring requirements for manufactured homes set out in Subsection C., above.

Effective on: 8/31/2016

Hays City Zoning Code

CHAPTER 9

Subdivision Design and Land Development

Sec. 9.1.101 Purpose

General Scope. This Section sets out regulations for the substantive review of subdivision plats to be applied in addition to the other applicable land development standards of this Code.

Purpose. The purpose and intent of this Code is to provide for:

Harmonious development of the community;
Provide for the proper location and width of streets, building lines, open spaces, safety and recreational facilities, utilities, easements, drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth, and area and the compatibility of design;
Require and fix the extent to which and the manner in which streets shall be graded and improved, and water, sewer, drainage, and other utility mains and piping or connections or other physical improvements shall be installed;
Provide for and secure the actual construction of such physical improvements;
Implement the Comprehensive Plan;
Provide for light, air, and other spaces for the public; and
Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the Comprehensive Plan.

Effective on: 8/31/2016

Sec. 9.1.102 Application

Exemptions. This Code shall not apply in the following instances:

The division of land for agricultural purposes into parcel or tracts of five acres or more, and not involving any new streets or easements of access and not affecting major streets according to the thoroughfare plan;
A change in the boundary between abutting parcels which does not create an additional lot;
Land used for street or railroad right-of-way, a drainage easement, or other public utilities subject to local, state, or federal regulations, where no new street or easement of access in involved;
Whenever any lot, parcel, or tract of land has been subdivided, resubdivided, or replatted prior to the adoption of this Code;
Any transfer by operation of law;
A parcel or tract of land in the Agricultural (A-L) district less than five acres deeded to a child of either or both owners of the original tract to be utilized for residential purposes subject to the following conditions:
1. Prior to constructing a residence on such tract or parcel, the owners shall obtain a certificate of zoning compliance (see Section 11.2.301, Certificate of Zoning Compliance).
2. All structures shall maintain the setbacks as set out in Chapter 3, Density, Intensity, Bulk, and Scale.
3. All tracts or parcels shall meet the minimum lot area requirements of Chapter 3, Density, Intensity, Bulk, and Scale.
4. Each child shall be entitled to only one such tract or parcel.

Effective on: 8/31/2016

Sec. 9.1.201 Development Design Principles

Compatibility. The proposed site plan or subdivision plat shall be designed in a way that:

Provides appropriate space for buffers and transitions between incompatible land uses or obvious changes in density or intensity alongside and rear lot lines;
Provides appropriate vehicular and pedestrian linkages between residential uses and nonresidential uses, providing access while protecting neighborhood integrity;
Protects neighboring property from adverse storm water runoff;
Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses;
Minimizes interference with existing access to abutting and nearby properties, unless new and improved access is provided by the parcel proposed for development; and
Does not materially reduce the level of service of public utilities that are provided to surrounding development.

Storm Water Management and Flood Damage Prevention. The parcel proposed for development, including buildings and streets, shall be located away from critical drainage areas.

Effective on: 8/31/2016

Sec. 9.1.202 Lots

Generally.

New Lots. New lots shall be dimensioned according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods. The size, shape, and orientation of lots shall be appropriate to the zoning district of the parcel proposed for development and to the type and required buildable area of development contemplated.
Platting. Lots are required to be platted unless specifically exempted by this Code. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking lots, loading facilities, landscape areas and buffering, and other required site improvements or open space areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this Code.

Shape and Area.

Minimum Lot Area. The minimum lot area shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Side Lot Lines. Side lot lines shall be 60 to 90 degrees from the street right-of-way line on a straight street or from the tangent of a curved street. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources or open space.
Streetside Setbacks. Street side setbacks on corner lots shall be according to the requirements of Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.

Access and Frontage.

Frontage Width. The width of the required lot frontage shall not be less than the required lot width as set out in Chapter 3, New Neighborhoods, Nonresidential, and Mixed Use Development, and Chapter 3, Neighborhood Conservation and Established Neighborhoods.
Residential Lots (except mixed use and multi-family). Generally, new single-family detached and single-family attached residential lots shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley. Through lots shall take access from the side from which the address is assigned.
Nonresidential, Mixed Use, and Multi-Family Lots. Nonresidential, mixed use, and multi-family lots that take access from collector or arterial streets shall provide adequate on-site maneuvering areas for vehicular turnaround.

Depth. The maximum depth of all residential lots shall not exceed two and one-half times the width of such lot.

Double Frontage Lots. Double frontage lots shall be avoided unless, in the opinion of the Planning Commission, a variation to this rule will give better street alignment and lot arrangement.

Drainage Ways. Lots shall not encroach on any drainage way or drainage right-of-way.

Effective on: 8/31/2016

Sec. 9.1.203 Blocks

Generally. The length, width, and shape of blocks shall be determined with regard to the following:

The provision of adequate building sites suitable to the particular zoning district and the needs of the type of use contemplated;
The required lot widths, lot areas, and required open space for the parcel proposed for development, as set out in Chapter 3, Density, Intensity, Bulk, and Scale;
The need for convenient access, circulation, control, and safety of street traffic;
The need to provide for mobility and accessibility for people who use alternative modes of transportation; and
Limitation and opportunities of soils, natural resources, and uses or features that bound the parcel proposed for development.

Dimensions. Blocks shall be dimensioned according to the following standards:

Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross-traffic adequately and to meet existing streets in the neighborhood. In residential districts, where no existing plats are recorded, the blocks shall not exceed 1,200 feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. In blocks longer than 800 feet, pedestrian access easements through the block may be required in the block. Such easements shall have a minimum width of 10 feet.
Width. In residential development, the block width shall normally be sufficient to allow two tiers of lots of appropriate depth. In certain instances, however, a different arrangement may be required in order to provide better circulation or to protect a major circulation route. Blocks intended for nonresidential or industrial uses shall be of such width and depth as may be considered most suitable for the prospective use.

Access to the marginal access street meets the access management requirements of this Code; and
The following bufferyards are provided between the marginal access street and the abutting arterial or collector street:
1. Collector streets: Type A bufferyard; and
2. Arterial streets: Type B bufferyard.

Effective on: 8/31/2016

Sec. 9.1.204 Easements

Utilities;
Fire protection;
Police protection and other emergency services;
Access to public utilities or drainage areas;
Drainage and storm water best management practice applications;
Pedestrian access; and
Natural resource or open space conservation.

Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Article 6.2, Streets, Sidewalks, and Trails.

Conservation Easements.

The City may require conservation easements to preserve open space and to protect natural resources that this Code requires to be protected.
Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements and non-destructive utility and drainage easements are permitted within areas protected by conservation easements.
Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or property owners' association.
All conservation easements shall run in favor of three parties:
1. All lot or unit owners in the development; and
2. A non-profit organization such as a land trust; and
3. The City.
The conservation easements shall be in a form approved by the City Attorney.

Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

Effective on: 8/31/2016

Sec. 9.1.205 Open Space Design

Design.

Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the parcel proposed for development.
Visual or physical access to open spaces may be limited if such limitations would materially enhance natural resource management.
Open space shall be designed to provide greenways along drainage corridors and streams, if applicable to the parcel proposed for development. The landscaping along corridors or streams shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the parcel proposed for development.
Formal open spaces shall be designed to provide areas of focus within the development.
Floodplains can be used as open space to provide buffers between incompatible land uses.

Effective on: 8/31/2016

Sec. 9.1.206 Streets

Conformity to the Comprehensive Plan. The location and width of all arterial and collector streets shall conform to the Comprehensive Plan.

Alignment of Subdivision Streets with Existing Streets.

Streets shall be configured as required by Division 6.2.200, Street Standards.
Streets shall, to the extent practicable, align with existing streets, and be given the name of the streets with which they align, or shall be offset the minimum distance specified in Division 6.2.200, Street Standards, relating to jogs, offsets, reverse curves, and alignments.

Alignment of Local Streets with Arterials and Collectors. Generally, local streets shall be either:

Perpendicular to arterial or collector streets; or
Loop streets, reverse frontage roads, or cul-de-sacs (which are limited by Section 6.2.203, Cul-de-Sacs). See Figure 9.1.206, Local Street Orientation.

Figure 9.1.206
Local Street Orientation

Width of Public Ways. The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Division 6.2.200, Street Standards.
Grades and Curves of Public Ways. The grades of streets, alleys, and other public ways included in any subdivision shall not be greater than is necessary for the topographical conditions and shall be subject to the approval of the Director of Public Works. All changes in street grade shall be connected by vertical curves of such length as to provide for desired sight distance as set out in the American Association of State Highway Officials' Geometric Design Standards and shall be subject to the approval of the Director of Public Works.

Effective on: 8/31/2016

Sec. 9.1.207 Utilities

Generally.

All developments shall make provision for water, sewer, stormwater, electric, natural gas, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents.
All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.

Potable Water Line Loops. Potable water lines shall be looped unless a variance to this Code is allowed by the Director of Utilities.

Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.

Common Use Easements. Wherever possible, the City shall require compatible utilities to share easements (see Section 9.1.204, Easements).

Effective on: 8/31/2016

Sec. 9.1.208 Improvements

Required Improvements. The subdivider of a proposed subdivision shall install, or provide for the installation of the following facilities and improvements:

Streets and Alleys.
1. All streets and alleys, including curb and gutter, within the City shall be surfaced in accordance with the standards set by the City.
2. All streets and alley within the City's extra-territorial jurisdiction area shall be surfaced with an all-weather surfacing in accordance with the standards set by the County Public Works.
Water Service.
1. Where reasonably available, a public water supply system or its equivalent shall be provided in accordance with the standards of the City and adopted Fire Codes.
2. In all other areas, a water supply approved by the County Environmental Services/Planning and Zoning Office or rural water will be permitted.
Sewer Service.
1. Where reasonably available, a public sewerage system including laterals for sanitary sewers, shall be provided in accordance with the standards of the City.
2. In all other areas, a sewage treatment system shall be provided subject to the approval of the County Environmental Services/Planning and Zoning Office.
Other Improvements. Where other improvements are required, such as tree planting, retaining walls, drainage structures, etc., such improvements shall be made in accordance with the recommendations of the Planning Commission and specifications of the City.
Cost. All improvements shall be furnished, installed, and constructed by the developer at no cost to the City. An escrow account, administered by the City Clerk/Finance Office may be required for the City to accept off-site improvements (e.g., street intersections, signal improvements, left turn lanes, etc.) that are required by this Code (see Subsection A.4., above).
Plan Requirements. Plans and specifications for the improvements herein set out shall be prepared by a registered professional engineer according to prevailing standards required by the City.
Improvement Conflicts. Where plans and specifications have been approved by the City and a conflict arises, the City’s engineering standards shall prevail, unless otherwise approved in writing by the City.

Exceptions for Existing Improvements.

Existing Subdivisions.
1. Meet Minimum Standards. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this Article and are in good condition as determined by the City, no further provision need be made by the subdividers to duplicate such improvements.
2. Do Not Meet Minimum Standards. Where such existing improvements do not meet the requirements as set out, the subdividers shall provide for the repair, correction, or replacement of such improvements so that all improvements will then meet the requirements.
Existing Public Streets. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way of roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Code.

Submission of Development Plan.

At the time the final plat is presented to the Planning Commission for approval, the subdivider shall also present to the Planning Commission a development plan for the entire subdivision. This plan shall show the proposed location, size, and dimensions of all water lines, sewer lines, streets, street signs, sidewalks, alleys, storm sewer lines, bridges, culverts, pumping station, water treatment plants, stormwater best management practices, and sewage treatment plants which will be needed in the subdivision. The plan must further show the location, size, and dimensions of all existing public facilities which will have to be extended into the subdivision.
To expedite approval of the development plan, the subdivider or his engineer shall review the plan with City staff prior to presenting it to the Planning Commission for approval.
At the time the development plan is presented to the Planning Commission, the subdivider shall declare whether he or she is going to utilize Storm Water Best Management Practices, and is going to extend, install, locate, and construct any or all of the following:
1. Water lines;
2. Sewer lines;
3. Streets;
4. Street signs;
5. Alleys;
6. Sidewalks;
7. Storm water infrastructure;
8. Bridges;
9. Culverts;
10. Pumping stations;
11. Water treatment plants; and
12. Sewage treatment plants.

Inspection.

Generally. All improvements constructed or erected shall be subject to inspection by the City or responsible official for setting and enforcing the application design and construction standards of the required improvement.
Cost. The cost attributable to all inspections required by this Section shall be charged to and paid by the subdivider.
Notification. The subdivider shall give at least 48 hours written notification to such official prior to the performance of any of the construction work.
Inspection Procedures.
1. Compliance: After notice is received as specified in Subsection I.3., above, the responsible official may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications.
2. Non-Compliance: If, in the opinion of the official, such work does not comply with the final drawings, he/she shall have the authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies; the subdivider shall again notify the official as provided in Subsection I.3., above.

Final Inspection.

Notification. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the official according to Subsection I.3., above, who shall there upon conduct a final inspection of all improvements installed.
Defects or Deficiencies. If such final inspection indicated that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider in writing of such defects, deficiencies, or deviations and the subdivider shall, at his/her sole cost and experience, correct such defects or deviations within six months of the date of notification.
Corrections. When such defects, deficiencies, or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection.

Effective on: 8/31/2016

Sec. 9.1.209 Naming and Numbering

Street Names.

Naming Conventions. Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of existing street. In no case shall the names for proposed streets duplicate existing street names, irrespective of the use of the suffix street, avenue, broadway, boulevard, driveway, place, or court. In order to avoid duplication, the subdivider should consult with the Zoning Administrator.
Approval of Street Names. It is the intent of this Code to discourage the use of a name for both a through street and a cul-de-sac, circle, etc. All street names shall be approved by the Planning Commission.
Verification.
1. Proposed street names shall be checked by the applicant to ensure that names of existing or planned streets within the City and within the extra-territorial jurisdiction area of Ellis County are not duplicated.
2. No street names shall be approved which will duplicate or be confused with names of existing streets in the City or within the extra-territorial jurisdiction area of Ellis County unless the new street is an extension of, or in alignment with an existing street.

Property Numbering. Property numbering shall be in accordance with Article X, Uniform Addressing System, of the City's Code of Ordinances.

Effective on: 8/31/2016

Sec. 9.1.210 Concept Plan and Development Phasing

The general arrangements and sizing of streets and utilities, and how they will connect to the streets shown on the first application for preliminary plat approval;
The general location of drainage facilities;
The general location of protected natural resources and open spaces; and
The general location of proposed uses and housing types.

Effective on: 8/31/2016

Sec. 9.1.211 Building and Property Lines

Generally. No building permits shall be issued for construction of buildings that cross property lines, except as provided in Subsections B and C., below.

Unify the title to the lots or parcels by having prepared a separate legal instrument, approved as to form by the City Attorney;
Submit the separate legal instrument together with an application to the City for a lot consolidation permit; and
Upon approval of the lot consolidation permit by the Zoning Administrator, properly file and record the legal instrument with the Ellis County Register of Deed within 15 calendar days of approval.

Exceptions. Buildings may cross property lines if it meets all of the following:

The buildings are designed with individual dwelling units or nonresidential spaces that are intended to be conveyed to different owners (e.g., duplexes, triplexes, townhouses, and individual units in strip shopping centers); and
The individual dwelling units or spaces do not cross property lines, except at the centerline of dividing / party walls; and
Appropriate party / dividing wall and building maintenance provisions are recorded (these may be included in property owners' association covenants, conditions and restrictions (CCRs) that are required by Section 9.1.402, Required Property Owners' Association) to allocate maintenance responsibilities and address risk of loss and reconstruction.

Effective on: 8/31/2016

Sec. 9.1.301 Standard Development

Housing Types. New standard neighborhoods are limited to single-family detached dwellings.
Open Space. Open space is generally utilized for bufferyard, recreation, and drainage purposes.
1. If a standard neighborhood exceeds 150 units, it shall be designed as multiple identifiable "neighborhoods" with distinct boundaries.
2. Lots shall be configured so as to maximize the number of lots that are within 1,320 feet of useable open space (e.g., park, trail, etc.), if applicable.

Figure 9.1.301 Illustrative Standard Neighborhood

Application and Process. All applications for standard development require the submittal and approval of a subdivision plat.

Effective on: 8/31/2016

Sec. 9.1.302 Planned Developments

Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
Stormwater Management. Stormwater management facilities should be designed using low impact development best management practices so that these areas are amenities to the subdivision.
Other Required Areas of Open Space. Other areas of open space shall be integrated into the development design so as to bring access to significant open space to the maximum number of properties; provided, however, that physical access may be limited if such limitation would material enhance natural resource management.
Dwelling Units. Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least the following distances:
1. One to four lots: as required for individual lots;
2. Five to 20 lots: 75 feet; or
3. 21 or more lots: 100 feet.
Lots. Lots shall, where appropriate, be adjacent to or in near proximity to the following:
1. An amenity such as a park or greenway;
2. An existing or restored resource such as a meadow, woodlands, stream or waterbody.

Figure 9.1.302A Illustrative Clustered Neighborhood

Planned Neighborhood. On parcels proposed for development where the developer chooses to provide more than one housing type (e.g., single-family detached and single-family attached housing) and areas of common open space are the organizing feature, the following shall apply (see Figure 9.1.302B, Illustrative Planned Neighborhood, below).
1. Natural Resource Protection. The development must protect and preserve existing natural resources including wetlands, streams, floodplains, as required by Chapter 8, Environmental Quality and Resource Protection. The open spaces should be located so as to maximize protection of the natural resources, including mature tree stands, if present, and to provide continuous open space corridors and natural drainage areas.
2. Connectivity. Streets should continue to neighboring properties so as to provide a continuous street network so that traffic does not have to return to collector or arterial streets to move between residential areas. Cul-de-sacs should not be used that will reduce access to adjoining properties unless there are physical barriers (e.g., floodways, Interstate, etc.) that make such connectivity impracticable.
3. Access. Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also a local street, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street.
4. Compatibility with Abutting Housing. Where a planned neighborhood abuts, is adjacent to, or is located across a local street from existing housing, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.
5. Separation of Housing Types.
  1. Single-Family Detached Housing. Where single-family detached housing abuts single-family attached or multi-family dwelling units on the same parcel proposed for development, a Type A bufferyard shall be used to provide for enhanced compatibility between the single-family detached dwellings and other housing types.
  2. Single-Family Attached Housing. Different forms of single-family attached housing types (e.g., duplexes, triplexes, townhouses), should be integrated together (without a bufferyard), as opposed to located within separate, disconnected pods.
  3. Multi-Family Housing. Multi-family housing may be integrated or separated from single-family attached housing with or without a Type A bufferyard separation.
  4. Off-Site Residential Uses. New single-family attached or multi-family uses shall be separated by a Type B bufferyard, or a district bufferyard, whichever is greater, from areas of single-family detached housing located in abutting off-site development.

Figure 9.1.302B Illustrative Planned Neighborhood

Application and Process. All planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.303 Mixed Use Planned Development

Development Standards.

Uses. Only those uses allowed in the M-U or C-3 district, respectively, are permitted in a mixed use planned development.
Lot Building Standards. Standards for maximum building height; minimum lot area and width, and minimum setbacks are set out as follows:
1. Section 3.1.202, Lot and Building Standards for Individual Housing Types per residential dwelling type for residential-only portions of the parcel proposed for development; or
2. Section 3.1.301, Nonresidential and Mixed Use Development Standards for nonresidential and mixed use portions of the parcel proposed for development.
Mix of Uses. Mixed use planned developments shall be comprised of the following minimums:
1. Twenty-five percent residential;
2. Twenty-five percent nonresidential; and
3. Twenty-five percent vertical mixed use.
Residential.
1. Mixed use developments may also include attached residential dwellings as part of a mixed use building where office or nonresidential uses are located on the first floor and residential uses are located on the upper floors.
2. Residential dwelling units shall be prohibited on the first floor of mixed use buildings.
3. The maximum residential gross density for multi-family or mixed use buildings (mix of residential and nonresidential in the same structure) shall be based on the floor area ratio (FAR) set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards.
4. The presence of a home occupation in conjunction with a residential use does not constitute a mixed use, multi-tenant development.
Pedestrian Circulation, Walkways, and Trails.
1. A pedestrian circulation system shall be included in a mixed use planned development in the M-U and C-3 district, respectively, and should be designed to ensure that pedestrians can walk safely and easily throughout the development, without having to walk or utilize the street for travel. The pedestrian system should provide connections between properties and activities or special features within common areas and need not always be located along streets. If the pedestrian system intersects a public or private street within the development, “pedestrian crossing” signs shall be posted.
2. A trail system may be provided in any areas of open space in conformance with the provisions set out in Sec. 9.1.505, Open Space Reservation, Preservation, and Dedication. The system should be designed to minimize disturbance of the site with regard to the natural drainage system and topography. To the maximum extent feasible, natural materials should be used in the construction and maintenance of the trail system.
3. When the parcel proposed for development abuts a public trail, park, or recreation area, the development shall provide pedestrian access from the development to the public area by way of connecting walkway, trail, boardwalk, or bridge.

Application and Process.

All applications for a mixed use planned development shall be for property that is under common ownership, or if under several ownerships, the application shall be filed jointly by all owners of the parcels proposed for development within the proposed mixed use planned development boundaries.
All mixed use planned development applications require the submittal and approval of a Planned Development Preliminary Plan and Final Plan (see Section 11.2.404, Planned Development, Preliminary Plan, and Section 11.2.405, Planned Development, Final Plan.

Effective on: 8/31/2016

Sec. 9.1.304 Manufactured Home Park or Subdivision

Generally. Manufactured home parks and subdivisions shall be designed according to the standards of Division 9.1.200, General Requirements for Development Design, and this Section.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of a manufactured home park or subdivision is five acres.
Maximum Extent of Manufactured Home Park or Subdivision. The maximum extent of a manufactured home park or subdivision is 15 acres.

Site Design. Manufactured home parks and subdivisions shall meet the following site design standards:

Lot Dimensions. Lot dimensions shall be as provided in Division 3.1.200, New Neighborhood Development Standards.
Park or Subdivision Access and Circulation.
1. No vehicular entrance to, or exit from, any manufactured home park or subdivision, wherever such may be located, shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.
2. The entrance to the manufactured home park or subdivision shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
3. The interior roadway shall be in accordance with the standards for public or private local streets and shall not include dead-end streets unless a cul-de-sac is installed in accordance to City specifications.
4. All manufactured home spaces shall front upon a private or public roadway of not less than 24 feet in width, including curbs on each side; provided.
Lot or Space Access. Each manufactured home lot or space shall have direct access to the interior roadway.
Off-Street Parking. The number of off-street parking spaces per manufactured home lot shall be in conformance with Division 5.2.100, Parking and Loading Calculations.
Lighting. Lighting shall be provided for interior roads and walkways.
Laundry and Maintenance Buildings. Laundry and maintenance buildings (for use by residents only) may be included in the site design.
Recreation. When manufactured home parks or subdivisions are established:
1. Recreational areas shall be provided which shall be a minimum of 10 percent of the overall parcel proposed for development, exclusive of streets and parking areas; and
2. A portion of that area shall be improved for recreational use prior to the owner/operator starting operations.
Required Bufferyard. All manufactured home parks or subdivisions shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a six-foot tall opaque masonry fence or wall (see Division 4.1.400, Bufferyards).
Utilities. All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes
2. Each manufactured home lot or space shall be within 500 feet of a fire hydrant, except where NFPA Standard #501A allows a different spacing.
Maintenance. All grounds in the manufactured home park or subdivision shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.
Pedestrian Circulation. Common walks shall be provided for pedestrian access, especially at office and facility entrances.
Patios and Storage. Each manufactured home space shall be provided with a paved patio of not less than 200 square feet and a storage locker of not less than 100 cubic feet. The lockers shall be designed in a manner that will enhance the park or subdivision and shall be constructed of weather-resistant materials.

Contours at intervals of one foot;
Located in a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water; and
Each manufactured home space shall be clearly defined by street name and number.

Expansion or Modification of Existing MHPs or Subdivisions.

Re-review Required. Any enlargement (e.g., size of property or additional manufactured home lots or spaces, etc.) or modification of site layout of an existing manufactured home park or subdivision shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any manufactured home park or subdivision shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Water Supply.

An accessible, safe, and potable supply of water as approved by the State Health Department shall be provided in each park or subdivision. If a public water supply is reasonably available to the park or subdivision, it shall be used.
Individual water service connections shall be provided at each manufactured home space.
When a private water supply is provided, it shall provide for adequate water supply with minimum flow rates of four gallons per minute for each of the first five manufactured home spaces, an additional two gallons per minute for each additional space for the next 10 spaces, and additional one and one-half (1.5) gallons per minute for each additional space for the next 25 spaces, and an additional one gallon per minute for each additional space thereafter. Such system shall provide a minimum of 20 pounds per square inch of pressure at all connections provided.

Sewage Disposal.

Individual sewer connections shall be provided for each manufactured home space and shall be in accordance with all codes and regulations regarding such systems. If a public sewer system is reasonably available to the park or subdivision, it shall be used.
All sewage systems shall be designed by a licensed professional engineer and shall be submitted to the Utilities Director for approval.
When the sewer lines of the park or subdivision are not connected to a public sewer, a sewage treatment plant or sewage disposal system approved by the City or the engineer having jurisdiction shall be provided.

Effective on: 8/31/2016

Sec. 9.1.305 Recreational Vehicle (RV) Parks

Generally. Recreational Vehicle (RV) Parks shall be designed according to the standards of this Section.

Minimum and Maximum Site Area.

Minimum Area of Parcel Proposed for Development. The minimum area of an RV park is two acres.
Maximum Extent of RV Park. The maximum extent of a RV park is 10 acres.

Site Design. RV parks shall meet the following site design standards:

Location.
1. The park shall be located on a well-drained site, properly graded for rapid drainage and freedom from stagnant pools of water, so that soil conditions, groundwater level, drainage and topography do not constitute hazards to the residents' health and safety.
2. RV parks shall maintain a 1,320 foot separation from each other.
Maximum Density. The maximum site density for RV parks shall be 20 spaces per acre, where only one recreational vehicle is permitted per recreational vehicle space.
RV Spaces. Each recreational vehicle space shall comply with the following:
1. Minimum Space Area. A minimum of 1,250 square feet RV space in area and 25 feet in width by 50 feet in depth is required consisting of:
  1. Permanent RV Parking Pad. No less than 10 feet in width by 24 feet in depth shall be used to construct a permanent parking pad consisting of concrete, gravel, asphalt, crushed rock, or similar material; and each parking pad shall be separated by at least 10 feet from any other parking pad.
    1. Small RV Pads. Parking pads for small RV's shall be no less than 10 feet in width by 24 feet in depth;
    2. Large RV Parking Pads. Parking pads for large RV's shall be no less than 12 feet in width by 36 feet in depth; and
  2. Non-RV Off-Street Parking Space. Each RV space shall have a minimum of one off-street parking space for a vehicle that is not the recreational vehicle.
2. Space Marker. A permanent space marker identifying the space number is required to be visible day and night, which shall be visible from the internal private roadway;
3. Accessory Structures. Individual RV spaces are not allowed to have accessory structures (e.g., awnings, cabanas, carports, garages, porches, storage sheds, etc.), with the exception of factory installed recreational vehicle extensions (e.g., expandable spaces or awnings).
RV Park Access and Circulation.
1. The entrance of the internal private roadway shall have a pavement width of 30 feet with adequate curb radius and shall have at least one direct connection to a paved public street.
2. The internal private roadway shall have a pavement width of 24 feet in accordance with City specifications, and shall consist of concrete, asphalt, or crushed limestone. The roadway may be 15 feet in width if it is designed for one-way roads as long as there is a minimum of 24 feet of unobstructed clearance, and a minimum of 60 feet in turning area and radii, to permit the free movement of emergency vehicles.
3. No dead-end streets unless a cul-de-sac is installed in accordance to City specifications for nonresidential cul-de-sacs.
Lot Access. Each recreational vehicle space shall have direct access to the interior private roadway and shall be constructed of concrete, gravel, asphalt, crushed limestone, or similar material that controls or reduces dust.
Required Facilities. Each RV park shall install and maintain the following required facilities:
1. Office. An office for the manager and a publicly available telephone which shall be accessible for emergency use 24 hours a day, seven days a week.
2. Laundry and Maintenance Facilities. A laundry and maintenance building shall be included in the site design.
3. Off-Street Parking. Each RV park shall provide a common guest parking lot consisting of one parking space for every five recreational vehicle spaces.
4. Sanitary Facilities. The RV park shall provide the following sanitary facilities in the quantities specified below. Each calculation shall be rounded up to the next nearest whole number, where a minimum of at least one is required. One additional sanitary facility shall be provided for each 10 additional RV spaces. Facilities for males and females shall be separate and located within a permitted building.
  1. Toilets. One toilet for each sex for every 40 RV spaces;
  2. Washbasins. One washbasin shall be provided within the bathroom for every two toilets provided; and
  3. Showers. One shower for each sex per every 40 RV spaces.
5. Design and Maintenance of Sanitary Facilities. Design and maintenance of the sanitary facilities shall be in accordance with the following:
  1. Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing;
  2. The floors shall be of concrete or other impervious material, elevated not less than four inches above grade, and each room shall be provided with floor drains.
  3. Toilet and bathing facilities shall be in separate rooms or each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
  4. Toilet floors and walls shall be of impervious material, painted white or a light color, and be kept clean at all times. Shower stalls shall be made of tile, plaster, cement or some other impervious material and shall be kept clean at all times. Shower stalls shall be partitioned in any manner as to provide privacy and promote cleanliness. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times.
  5. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be made of a washable surface, kept clean at all times.
  6. Sidewalks shall be required around all sanitary facilities connecting to the internal private roadway.
  7. Not located nearer than 25 feet from a RV space or a property line.
  8. No RV space shall be located more than 600 feet from the building.
  9. All lavatories, bathtubs, and showers shall be connected to both hot and cold running water.
  10. Facilities shall maintain a temperature of 70 degrees Fahrenheit.
Lighting. All common buildings and access thereto shall be well lit both inside and out during the night hours and the lighting design shall be in conformance with Division 5.4.100, Lighting.
Required Bufferyard. All RV parks shall provide a Type C bufferyard (Option 1) on all borders, including along all street frontage. Buffers which are located along the borders of existing residential lots shall include a minimum six-foot tall opaque fence or wall but shall not exceed more than eight feet in height (see Division 4.1.400, Bufferyards). The requirement of a six to eight foot wall or fence when abutting residential lots may be exempted if the distance requirement set out in Table 2.2.302, Residential Limited Use and Exception Standards.
Solid Waste Collection. Centralized solid waste collection shall be in accordance with the provisions set out in Section 10.2.105, Solid Waste Collection.
Utilities. In addition to the following, the installation of utilities shall be in compliance with all building codes and other applicable provisions of this Code.
1. Drainage. The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. A stormwater management plan is required in conformance with Division 9.2.300, Storm Water Management.
2. Water System. All common buildings and RV spaces shall be provided with a connection to the City water system if it is located within 1,000 feet of the RV park. If the City water system is not available, then the water supply system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed water facility plans prior to construction. The water distribution system shall be designed as follows:
  1. A master water meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the City, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. A reduced pressure principal backflow preventer will be required to be placed at the lot line on the discharge side of the master meter. In addition, one must be placed at each of the connections for each RV spaces and located on the right side of the space.
  3. Water riser service branch lines shall extend at least four inches above ground elevation. The branch line shall be at least three-fourths inch.
  4. Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each space.
  5. A shut off valve below the frost line shall be provided on each branch line.
  6. The owner/operator shall have complete maintenance responsibility for the water system within the RV park.
  7. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the lot line.
3. Wastewater System. All common buildings and RV spaces shall be provided with a connection to the City wastewater system if it is located within 1,000 feet of the RV park. If the City wastewater system is not available, then the system shall be designed, constructed, and maintained in compliance with the State of Kansas Department of Health and Environment (KDH&E). The City must approve all proposed wastewater facility plans prior to construction. The wastewater distribution system shall be installed as follows:
  1. Each RV space shall be provided with a four-inch diameter wastewater riser and shall extend above grade four to six inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gas tight seal when connected to a recreational vehicle or have a gas tight seal plug when not in service.
  2. The wastewater connection to each RV space shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be water tight.
  3. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four to six inches above the ground elevation.
  4. Each collection wastewater line shall provide a vent extending a minimum of 10 feet in height.
  5. The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.
  6. The responsibility of the City stops at the lot line.
  7. Each RV park shall be required to install at the lot line, where connection to the City wastewater system is made, a sample well site. The sample well site shall be installed according to City specifications.
4. Electrical System. All common buildings and RV spaces shall be provided with a connection to the local electrical provider's electrical system, which shall be installed underground in accordance with the most currently adopted National Electric Code. The electrical system shall be installed as follows:
  1. A master electric meter shall be installed to serve the RV park. Sub-metering or re-metering for private purposes by the owner/operator of the RV park is permitted however sub-metering or re-metering of individual RV spaces for public purposes, as determined by the local electrical provider, such as meter reading and utility billing of individual RV spaces is not permitted.
  2. The City has no maintenance responsibility for service lines within the RV park. The responsibility of the City stops at the weatherhead.
  3. The location of all underground lines shall be clearly marked by surface signs at approved intervals.
  4. Power supply to each space shall be a minimum of one 20-amp and one 50-amp power supply.
  5. Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc., approved weather-proof outlet box.
  6. A water-tight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two feet above the floodplain elevation shall be provided.
Fire Protection.
1. Open fires shall be allowed only in accordance with applicable City Codes.
2. Each RV space shall be within 300 feet of a fire hydrant. .
3. In RV parks in which gasoline, fuel, oil, or other flammable liquids are stored and/or dispensed, their handling and storage shall comply with the provisions of the Standard Fire Prevention Code.
4. Bottled gas shall not be used at individual RV lots unless the containers are properly connected by copper or other suitable metallic tubing. Bottled gas cylinders shall be securely fastened in place.
5. All fire rings, wood burning stoves and other forms of outdoor cooking shall be located, constructed, maintained, and used as to minimize fire hazards and smoke nuisance.
6. Approaches to all RV spaces shall be kept clear at all times for access by firefighting equipment.
Maintenance. In conformance with the landscape surface ratio (LSR) of the district, all grounds in the RV park shall be:
1. Paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust; and
2. Maintained free of accumulation of high grass, weeds, and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitos, or other pests. This does not apply to the required bufferyard, which should be allowed to fill in with natural vegetation over time.

Operations. The owner/operator shall collect the following information as part of the registration process for each person renting an RV space in the RV park:

Name;
Full address of permanent residence;
Automobile and recreational vehicle license plate number and the state in which each is registered;
Photocopy of the driver's license of the primary tenant;
The number or letter of the designated space being rented; and
The date of arrival and departure.

Expansion or Modification of Existing RV Parks.

Re-Review Required. Any enlargement (e.g., size of property or additional RV spaces, etc.) or modification of site layout of an existing RV park shall require a re-review and approval as if it were a new application.
Existing Facilities Brought Into Conformance. No enlargement or extensions to any RV park shall be permitted unless the existing facility is made to conform with all the requirements for new construction in conformance with this Section.

Suspensions.

Notice. Whenever, upon inspection of any RV park, the Building Official finds that conditions or practices exist which are violation of any provision of this Section applicable to such park, the Building Official shall provide notice in writing to the owner/operator, and if such conditions or practices have not been corrected in the timeframe set out in the notice, the Building Official will suspend the RV park license and give notice of such suspension.
Cessation of Operations. Upon suspension of the RV park license, the owner/operator shall cease operation of the RV park.
Appeal. The suspension of the license may be appealed to the Board of Zoning Appeals.

Abandonment and Restoration.

Plan. In the event that operations should cease for a period of 24 months, the owner shall be required to provide a written plan and agreement to the Building Official showing evidence of a pending lease/sale agreement or a plan of action setting out how the site's improvements (e.g., internal roadways, RV parking pads, buildings and structures, utilities, signs, and other non-vegetative improvements) shall be dismantled and the site restored to its previous unoccupied, natural condition. The start of the 24 month timeframe begins upon notification to the City by the owner/operator, or upon the initial inspection by the Building Official, whichever comes first.
Restoration. If the City deems the abandoned RV park is public health or safety hazard after the 24 months have expired, the City may restore the property to its natural conditions and place a lien on the property to recover both restoration and administrative costs.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

Sec. 9.1.401 Required Property Owner's Association

Effective on: 8/31/2016

Sec. 9.1.402 Required Covenants, Conditions, and Restrictions

Required Covenants, Conditions, and Restrictions (CCRs).

Required. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of CCRs for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense.
Limited Waiver. Developments that are approved under unified ownership and control are not required to have CCRs, provided that a single property owner is responsible for the ongoing compliance of the parcel proposed for development with the requirements of this Code and any conditions of approval. However, a development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities, or individual residential lots) until required CCRs are recorded and have been accepted by the City.
Timing. The applicant shall provide proposed CCRs to the City:
1. Upon filing the application for plat approval; or
2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require CCRs shall be contingent upon approval of the CCR document by the Zoning Administrator).
Plat Annotations. Where a plat is required, the CCRs shall be referenced on the plat. If the plat is recorded prior to the CCRs being recording, the plat shall contain a note that the parcel proposed for development is subject to CCRs.

Effective on: 8/31/2016

Sec. 9.1.403 City Maintenance of Association Property

Generally. The City may (but is under no obligation to) provide any maintenance for any item that is otherwise required to be maintained by the property owners' association as provided herein.

Maintenance Charges to Association. The covenants, conditions, and restrictions (CCRs) shall include a provision that authorizes the City to:

Notify the property owners' association through its designated agent, or if the designated agent is unknown to the City, through notice to individual owners of record, that property within its control requires maintenance to meet the standards of this Code or the conditions of approval of the development or subdivision;
After not less than 10 business days following notice to the association, perform (or cause to be performed) the required maintenance without liability to the association or individual owners; and
Charge the association for the maintenance, or to charge individual lot owners (pro rata according to their share of obligations for dues) for the costs of the maintenance, including an administrative charge, in any of the following ways:
1. By including the charge in the water and sewer utility billing from the City of Hays Utility Services; and
2. By enforcing payment or compliance by other provisions of law.

The association or lot owner(s) provides sufficient written assurances that such maintenance deficiencies will be corrected within a reasonable period of time agreed to by the City Engineer;
The City is paid its administrative costs for sending the notice; and
The required maintenance is performed.

Effective on: 8/31/2016

Sec. 9.1.501 Form of Dedication

Effective on: 8/31/2016

Sec. 9.1.502 Streets and Rights-of-Way

Generally. Streets, alleys, and other rights-of-way within parcels proposed for development shall be appropriately dedicated for the purposes they are intended to serve.

Effective on: 8/31/2016

Sec. 9.1.503 Drainage and Storm Water Best Management Practice Easements

Generally.

Where a subdivision is traversed by a watercourse, drainageway, natural channel or stream, the applicant shall provide an easement or right-of-way with a location that is substantially the limit of such watercourse, plus additional width to accommodate future maintenance and pedestrian access needs.
Where conditions require, there shall be provided an adequate stormwater best management practice easement. Where such easement is adjacent to lots, tracts, or reserves, the easement shall be noted on the final plat as follows: "The easement indicated shall be maintained by the property owner and kept clear of fences, buildings, planting, and other obstructions to the operation and maintenance of the drainage facility, and abutting property shall not be permitted to drain into this easement except by approved means."
These areas may be suitable for trails, walkways, multi-use paths, or other pedestrian type paths which are used for connectivity to other neighborhoods, public amenities, or major destinations.

Dedication Required.

Dedication of drainage ditch easements (including ditches, swales, berms, pipes, culverts, etc.) shall be made in accordance with the following:
1. Thoroughfare plan;
2. Master plan(s); and
3. Kansas Department of Transportation (KDOT) regulations.
In the event of demonstrated site constraints, the drain ditch shall be reserved on the subdivision plat as a drainage easement. The easement shall include provisions that, when necessary, it will be used for roadway improvements at no cost to the City and that no other improvements shall be constructed within the easement.

Effective on: 8/31/2016

Sec. 9.1.504 Public Utilities Easements

Effective on: 8/31/2016

Sec. 9.1.505 Open Space Reservation, Preservation, and Dedication

Reservation of Open Space.

Generally. Where common open space is provided in a parcel proposed for development and/or subdivision and such open space is to be owned and maintained in accordance with Subsection E.2, below, such open space shall be termed as "open space reservations." Such reservations of open space shall be permitted by the City Commission, providing that the following standards are met:
1. That yards, court areas, setbacks, and other open areas required to be maintained on private lots by this Code, or the City's Code of Ordinances, shall not be included in the computation of such common open space, except as provided for in Subsection A.2., Location of Private Lots, below;
2. That the ownership and maintenance of the open space is adequately provided for by recorded covenants, conditions, and restrictions (CCRs), as applicable, and that the use of the open space is restricted for park and recreational purposes which run with the land in favor of the future owners of the property within the tract and which cannot be defeated or eliminated without the consent of the City Commission;
3. That the proposed open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as shape, topography, geology, access, and location of the private open space land.
Location on Private Lots. Open space may be located on private lots if all of the following are demonstrated:
1. The parcel proposed for development has fewer than 20 dwelling units and is not a planned neighborhood.
2. Bufferyards and other open space areas are identified on the plat as landscape easements that must be maintained by either a property owners' association or the owner of the lot that is subject to the easement.
3. The maintenance requirement is included in the CCRs that apply to the property. The CCRs shall provide that the maintenance requirement is enforceable by the City and may not be amended without the consent of the City Commission. A copy of the CCR's shall be submitted to the City for review and acceptance prior to final approval.

Dedication of Open Space.

All new residential subdivisions shall dedicate an amount of open space as determined by the open space ratio set out in Table 3.1.201, Residential Development Standards, except the following:
1. Those complying with Subsection C., above;
2. Those coming under the lot split provisions set out in Section 11.2.504, Lot Splits;
3. Replatted areas; and
4. Those areas within the corporate limits as of December 31, 1976.
The amount of land required to be dedicated by a subdivider pursuant to this Section, shall be determined by multiplying the required minimum open space ratio by the gross acreage of the parcel proposed for development.

Preservation of Open Space.

Open Space Securely Held. Open space shall not be developed or redeveloped once established.
Responsible Parties. Common open space shall be placed in an easement, and may be owned in the following ways:
1. Dedication to the City, provided the City Commission shall have the final decision to accept and the right to refuse such offers of dedication;
2. Through a special district formed through K.S.A. 12-6a28;
3. A duly recorded covenant of easement whereby the City is a party to the easement, as authorized by motion of the City Commission;
4. A duly recorded conservation easement that is dedicated to a City approved private, non-profit organization, (e.g., land trust) that is capable of managing the open space in perpetuity; or
5. In common by a homeowners', condominium, or property owners' association, with an easement dedicated to all property owners within the association.

The subdivider may make a cash contribution based upon the general land value (land value per acre) and an improvement value (improvement value per acre) of the amount of land which would otherwise be required to be dedicated. The fair market value shall be determined prior to the submission of the final plat by one of the following methods:
1. The City and the subdivider agree as to the value (general land value plus improvement value); or
2. If the subdivider and City cannot agree, the subdivider, at his/her expense, may obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the property. The appraisal shall state the fair market value of such property assuming that the final plat (or, if no plat is required, site plan) is approved, assuming that the dedicated site is improved with the public improvements and water and sewer facilities required for such dedicated sites. The City shall approve the appraisal if it is found to be credible. If the appraisal is rejected, then the general land value shall be applied for the purpose of calculating fees-in-lieu. The appraisal shall only be valid for a six-month period. If the final plat is not completed within the appraisal validation period, the subdivider shall revalidate the value as set out in this Section.
3. The fees-in-lieu shall be calculated as the land value per acre and improvement value per acre, as set out in Subsection 1., above, times the number of acres of land which would otherwise be required to be dedicated.
The subdivider may deed to the City, by separate instrument, lots which are equivalent in value to the amount of land which would otherwise be required to be dedicated. The fair market value of the lots which are to be deeded shall be determined by the following:
1. By agreement between the subdivider and the City; or
2. If the subdivider and City cannot agree, the subdivider may, at his/her expense, obtain a qualified real estate appraiser, approved by the City, to obtain an appraisal of the platted lots.
The subdivider may provide for a mix of land dedication, improvements, or fees-in-lieu. Land that is dedicated shall not be included in the calculation of the fees-in-lieu but shall be included in the calculation of improvement unless the land is improved by the owner/subdivider to City standards.
No deeding of partial lots shall be accepted by the City. In the event that the value determination results in a fraction of a lot, the subdivider shall fulfill the obligation by either a cash contribution or the deeding of an additional lot. (Code 2000, § 16.24.040)

Obligation of Land or Value Obtained from this Section.

All land required to be dedicated to the City as set out in this Section shall be dedicated for park, open space, and recreational purposes and shall be so indicated on the final plat.
All land reserved as set out in this Section shall be reserved for park, open space, and recreational purposes and shall be so indicated on the final plat.
The use of cash contributions received as set out in this Section shall be as follows:
1. All cash contributions received shall be placed in a trust account created by the City for that area where the subject land is located. All cash contributions received under this provision shall be utilized within a seven-year time period from the date of the cash contribution. The following are the areas of the City:
  1. Area 1: The area located west of Vine Street (Highway 183).
  2. Area 2: The area located east of Vine Street (Highway 183).
2. The funds in each area trust account shall be spent within that area for capital improvements only (land acquisition and development) and shall not be available for operational and maintenance costs.
In such instances where land is deeded by a separate instrument in lieu of actual dedication or cash contribution, the land shall be placed in the hands of the previously described area trust, and any value received from the sale, rental or lease of such lands shall be placed in the trust fund. Any lands deeded to the City as a result of this Section shall not be utilized for any public or private purpose other than park, open space, and recreation, unless proper value has been transmitted to the special trust fund. (Code 2000, § 16.24.050)

Documents to Accompany Submission of a Final Plat.

Restrictive covenants prepared in accordance with Subsection C, above, shall be submitted with the final plat.
All cash contributions, as required, shall be submitted with the final plat.
All deed transfers completely executed by the applicant and approved by the City Attorney shall be submitted with the final plat. (Code 2000, § 16.24.060)

Permitted Uses and Functions. Common open spaces may be put to the following uses or functions, subject to any applicable standards of this Division, and other applicable sections of this Code.

Park, Open Space, and Recreational Uses.
1. Ball fields, golf courses, nature areas, picnic areas, and play courts are allowed in designated common open space areas, provided that the provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 15 percent of the designated open space area and no structures are allowed within the floodplain or floodway.
2. Nature centers are allowed in designated common open space areas, provided that associated buildings, structures, parking lots, and other impermeable surfaces do not exceed more than 20 percent of the designated open space area.
3. Pools are allowed in designated common open space areas, provided that if a pool house is present, it is less than 1,500 square feet in floor area.
4. Trails and associated structures necessary for trail crossings are allowed in designated open space areas, including the floodplain.
5. Passive recreation uses.

Other Permitted Uses and Functions.

Agricultural Uses. Where agricultural and outdoor nursery / greenhouse, wholesale uses are allowed by Section 2.2.205, Agricultural, Industrial, Utility, Transportation, and Communication Uses, the area of land put to agricultural and outdoor nursery / greenhouse, wholesale uses is counted as common open space. In other districts, noncommercial production of crops (e.g., orchards or garden plots that are an amenity to development) is allowed in designated open space areas.
Landscaped or Natural Systems.
1. Landscaped areas or natural areas.
2. Floodplains and floodways.
3. Waterbodies.
4. Watercourses.
5. Wetlands.
Public Facilities.
1. Public utilities.
2. Stormwater management facilities subject to the standards of Division 9.2.300, Storm Water Management.
3. Solar arrays and wind energy conversion systems (WECS) that comply with Section 10.2.104, Solar Arrays and Wind Energy Conversion Systems (WECS), as applicable, are allowed in designated open space areas that are not floodplains.

Effective on: 8/31/2016

Sec. 9.1.601 Mapping Criteria

Measurements for the boundary are to be made horizontally, perpendicular from, or radial from, any feature or point.
Boundaries that are dependent on elevation shall be based upon on-site elevations and shall not be interpolated.

Waterbodies and Watercourses.

Floodplains. All development within the City, not part of a previously approved plan or plat, shall show the boundary of the floodplain and floodway, if such exist on the site. Such delineation shall be by a registered professional land surveyor.
Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.
Wetlands. Wetlands shall be measured by the criteria of the U.S. Army Corps of Engineers.
Other Waterbodies/Watercourses. Initial identification of other watercourses/waterbodies not otherwise classified shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for subdivision plats and site plans.

Geology. A Geologic inventory shall include depths to metamorphic and sedimentary rock deposits and layers; depths to groundwater table, aquifer and wellhead recharge zones.

Topography. Topographic lines shall be at one-foot contour intervals unless such intervals are impractical due to essentially flat topography.

Effective on: 8/31/2016

Sec. 9.1.602 Monumentation

Generally. Monuments shall be placed as required by the City Engineer prior to the final acceptance of the plat by the City to mark the following:

Lot corners, points of curvature, points of tangency, and reference points.

Monument Requirements. The following guidelines apply to artificial monuments to be set:

Permanent monuments consisting of an iron metal must have at least one-half-inch outside diameter and must be at least two feet in length (longer in soft or unstable soil). Concrete monuments must be at least three inches in width or diameter by 24 inches in length, reinforced with an iron rod at least one-fourth inch in diameter, and may contain a precise mark on top indicating the exact location of the corner.
Temporary monuments on existing concrete, stone, or steel surface must consist of drill holes, chisel marks, or punch marks and must be of sufficient size, diameter, or depth to be definitive, stable, and readily identifiable as a survey monument. Marks on asphalt streets may consist of railroad spikes, large nails, "PK nails," or other permanent metal spikes or nail-like objects.
Wooden stakes shall not be set as permanent boundary monuments.

Effective on: 8/31/2016

Sec. 9.2.101 Purpose

Establishing major and minor stormwater management systems;
Defining and establishing stormwater management controls and practices; and
Establishing guidelines for attenuating or avoiding flooding within the City from the cumulative effects of increased volume and peak discharge of surface water runoff (see Article 9.3, Flood Damage Prevention).

Effective on: 8/31/2016

Sec. 9.2.102 Application

1.
For properties in the major system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection B, Major System:
1. a.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.
2.
For properties in the minor system as defined in Sec. 9.2.301, Stormwater Runoff Management System, Subsection C, Minor System:
1. a.
  When any property or larger common plan of development will add 10,000 or more square feet of impervious area, it shall ensure that post-development runoff from the five-year, 25-year and 100-year storm event results in no increase in peak flow rates from the entire site, in accordance with the most recently adopted "Design Criteria Storm Drainage Systems and Facilities."
2. b.
  When any property or larger common plan of development disturbs one or more acres of land, it shall meet the requirements of the Post Construction Storm Water Best Management Practices manual. Redevelopment shall be required to control the 85 percent storm for water quality purposes. New development shall be required to control the 90 percent storm for water quality purposes.

Pollution Prevention. Stormwater pollution prevention for properties in the major and minor system:

1.
When any property will disturb greater than 1,000 square feet, there shall be required a stormwater pollution prevention plan before a building permit is issued.
2.
The stormwater pollution prevention plan shall detail construction site Best Management Practices that prevent the illicit discharge of prohibited substances, as detailed in Sec. 9.2.205, Drainage Permits and Prohibited Acts, Subsection C, Specific Illicit Discharges Prohibited, into the municipal stormwater drainage system.

Effective on: 1/25/2024

Sec. 9.2.103 Interpretations

Effective on: 8/31/2016

Sec. 9.2.104 Relationship to Other Laws

Effective on: 8/31/2016

Sec. 9.2.105 Conflicts with Public and Private Provisions

Effective on: 8/31/2016

Sec. 9.2.106 Disclaimer of Liability

Effective on: 8/31/2016

Sec. 9.2.107 Adoption of Post Construction Stormwater Best Management Practices Manual

Effective on: 8/31/2016

Sec. 9.2.108 Fees

Effective on: 8/31/2016

Sec. 9.2.201 Creation of Stormwater Utility

Effective on: 8/31/2016

Sec. 9.2.202 Findings and Determinations

Benefits. The benefits of the stormwater management system include, but are not limited to:

The provision of adequate systems of collection, conveyance, detention, retention, treatment, and release of stormwater;
The reduction of hazards to property and life resulting from stormwater runoff;
Improvement in general health and welfare through reduction of undesirable stormwater conditions;
Improvement of water quality in the storm and surface water system and its receiving waters; and
Appropriate balancing between development and preservation of the natural environment.

Achievements. The stormwater management system will also:

Initiate innovative and proactive approaches to stormwater management within the City to address problems in areas of the City that currently are prone to flooding;
Protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City; and
Assist in meeting the mandates of the National Pollutant Discharge Elimination System (NPDES), as created under the Federal Clean Water Act and associated State and Federal laws and their supporting regulations.

Public Monies. Implementation of the stormwater management system will require the expenditure of significant amounts of public money.

Beneficiaries. All developed property in the City will benefit from the stormwater management system.

Cost Distribution. The City desires to fairly distribute costs of the stormwater management system implementation among all developed property which generates the need therefore.

Study. The City commissioned a study that was prepared by Camp Dresser & McKee, Inc., to assist the City in developing the stormwater utility and to recommend an ERU and an ERU rate.

Fees Determined Reasonable. The governing body has evaluated the study and recommendations and hereby determines that the fees set forth are reasonable and necessary.

Effective on: 8/31/2016

Sec. 9.2.203 Administration

Refer to Sec. 11.1.305, Stormwater Superintendent.

Effective on: 8/31/2016

Sec. 9.2.204 Operating Budget

Effective on: 8/31/2016

Sec. 9.2.205 Stormwater Management Service Fee

ERU. The ERU is hereby established for the purposes of calculating the stormwater utility user fee. The ERU is hereby established to be 3,369 square feet of impervious area.

Effective on: 8/31/2016

Sec. 9.2.206 Appeal Procedure

Refer to Sec. 11.2.311, Appeal of Stormwater Management Service Fee.

Effective on: 8/31/2016

Sec. 9.2.207 Stormwater Management Service Fee Collection

Effective on: 8/31/2016

Sec. 9.2.208 Stormwater Utility Fund

Effective on: 8/31/2016

Sec. 9.2.301 Stormwater Runoff Management System

Generally. This Section establishes the stormwater runoff management system, which shall be composed of a major system, a minor system, management controls, and management practices.

Management Controls.

Generally, management controls are regulations applicable to the minor system under the provisions of this Subsection. Such controls shall govern any activity which will adversely affect the hydraulic function of any stormwater drainage facilities, public or private, including, but not limited to, retention/detention facilities, open channels, drainage swales, and enclosed or open stormwater conveyance systems.
The Chief Building Official shall refer to the City's Stormwater Superintendent all development plans and all building permit applications that may require a stormwater management plan and subsequent drainage permits to the City's Stormwater Superintendent for determination of the applicability of this Article.
The drainage permit fee is as promulgated by the City Council, which may change from time to time. (Ord. No. 3832, §§ 1, 2, 4-14-2011; Ord. No. 3896, § 4, 2-26-2015)

Public Responsibilities Under the Stormwater Management System.

Administration. The administration of the stormwater management system shall be the responsibility of the City Stormwater Superintendent, or his/her designee, who shall review and approve stormwater management plans as provided in this Section.
Operation and Maintenance of Public-Owned Facilities. The City shall be responsible for all maintenance of the public-owned drainage system, either improved or unimproved, located in right-of-way and on City-owned property. Maintenance of the public-owned drainage system located on private property and/or in utility or drainage easements shall be limited to the public-owned improvements, such as concrete structures, pipelines or concrete channel liner, and to the repair of any erosion-caused drainage system failure within this improved portion only of the drainage system. The City will maintain the free flow of all storm drainage within the corporate limits of the City. However, it shall be the responsibility of the owner, occupant, or agent in charge of private property, upon which the public storm drainage system exists, to maintain all vegetation, including mowing the grass and weeds, trimming, and/or removal of dead trees and shrubs and providing of such other general maintenance as is required, except as described in this Subsection.

Private Responsibilities Under the Stormwater Management System.

Each developer, applicant, and/or owner of land within the City has the responsibility to provide all approved stormwater runoff management facilities to ensure the adequate drainage and control of stormwater on the developer's, applicant's, and/or property owner's property both during and after construction of such facilities.
Each developer, applicant, and/or owner of land within the City shall have the responsibility and duty to properly design, construct, operate and maintain any on-site stormwater retention/detention facility which has not been accepted for maintenance by the City. Such responsibility shall be a covenant running with the land, transferred to subsequent owners through appropriate covenants. This maintenance shall include debris control and cleaning, cutting of vegetation, erosion repair, repair of rodent damage to dams and levees, removal of silt, and maintenance of structural facilities, and all other actions necessary to accomplish the ultimate goal of stormwater control.
Owners of retention/detention basins and associated facilities shall, upon completion of construction, furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent that the retention/detention basin has adequate storage capacity and that all associated facilities including inlet and outlet structures are fully functional.
Owners of all property containing either public or private drainage systems shall provide access to the system for City maintenance crews. No structures shall be constructed to obstruct access. The City Stormwater Superintendent’s approval of proposed changes to any drainage system shall be obtained prior to construction.
Owners of retention/detention basins and associated facilities with storage capacity in excess of 100,000 cubic feet total on-site storage shall furnish certification by a professional engineer licensed in the state to the City Stormwater Superintendent once every four years that the retention/detention basin has adequate storage capacity City and that all associated facilities including all inlet and outlet structures are fully functional. This shall not apply to retention/detention facilities which were in place as of January 1, 2000.

Storage. Runoff may be stored in temporary or permanent retention/detention basins, through rooftop or parking lot ponding, percolation storage, or by other approved means.
Enclosed Systems with Underground Structures. Enclosed systems consisting of underground pipes, culverts, and similar functional underground structures shall not be used to convey stormwater unless overland conveyance is shown to be unfeasible. Short sections of pipe are allowed in order to reduce risk to adjacent properties and drain stormwater best management practices. Maximum use of open channels is required to reduce long-term costs to the City for infrastructure maintenance and to promote improved water quality while reducing stormwater flows and maintaining groundwater recharge.
Streets, Curbs, and Gutters. Streets, curbs, and gutters shall be an integral part of the stormwater management system. To the maximum extent possible, drainage systems, street layout and grades, lot patterns, and location of the curbs, inlets, and site drainage and overflow swales shall be designed in accordance with the design criteria and performance standards set out in this Article.
Enclosed Conveyance Systems. Enclosed conveyance systems consisting of inlets, conduits and manholes may be used to convey stormwater runoff only where open channel flow is not feasible.
Practices Not Exclusive. The stormwater runoff management practices enumerated in this Article shall not constitute an exclusive listing of available management practices. Other generally accepted practices and methods may be utilized where approved by the City if the minimum standards and intent as described in this Section are maintained.

Effective on: 8/31/2016

Sec. 9.2.302 Stormwater Management Plans

Stormwater Management Plans.

Preliminary Stormwater Management Plan. A preliminary stormwater management plan shall accompany preliminary applications for any proposed project. This preliminary plan shall contain, but not be limited to, the following information and data:
1. A site plan of suitable scale and contour interval indicating topographical information of the land to be developed and adjoining land tributary to the point of consideration whose topography may affect the proposed layout or drainage patterns for the project. A general plan of final contours of the project site shall also be indicated. All existing streams, waterways, channels, and the extent of the established floodplains shall be indicated;
2. The location and calculated peak discharge rates to all adjacent storm drainage facilities;
3. The type and drainage characteristics of soils contained in the project area;
4. A description of the concepts to be considered within the project to handle anticipated stormwater runoff, including the methods to be utilized to detain or control increased stormwater runoff generated by the proposed project;
5. A preliminary plan of the proposed storm drainage facilities, including preliminary calculations of stormwater runoff and detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. A description of the possible effects that the proposed project could have on areas adjoining and upstream of the project, including adjacent property;
7. Following the receipt of the preliminary stormwater management plan, a general review meeting will be conducted and shall include the City Stormwater Superintendent or his/her staff, representatives of the developer/applicant and the developer's/applicant's engineer. The purpose of this review shall be to jointly agree on the conceptual methods proposed to be utilized and the possible effects of the proposed project on existing or future adjacent projects.
Final Stormwater Management Plan. Following the review of the preliminary stormwater management plan, and after general approval of the preliminary plan by the City Stormwater Superintendent, a final stormwater management plan shall be prepared. The submittal of the final plan shall coincide with the application for final approval of the project and shall constitute a refinement of the concepts approved in the preliminary plan. If a project is to be phased, the total area of the conceptual project is to be considered in all calculations, and facilities shall be designed for each phase which would be compatible with those of the total project plan. The final stormwater management plan for any project shall include, but not be limited to, the following additional detailed information, unless specifically excluded during the preliminary concept review meeting:
1. A topographic map of the project site and adjacent areas, of suitable scale and contour interval, which shall define the location of streams, the extent of floodplains and calculated high water elevations, and the shoreline of lakes, ponds, swamps, and retention/detention basins including their inflow and outflow structures, if any;
2. The location, size, material (e.g., reinforced concrete pipe), slope, and invert elevation of all existing sanitary or storm sewers, and the location of any existing stormwater wastewater pumping or treatment facilities, which fall within the project limits plus 200 feet outside the project limits;
3. Detailed determination of runoff anticipated for the entire project site following project completion indicating design volumes and rates of proposed runoff for each portion of the watershed tributary to the storm drainage system, the calculations used to determine such runoff volumes and rates and review of the criteria which have been used by the project engineer throughout his or her calculations;
4. A refined layout of the proposed stormwater management system, including the location and size of all drainage structures, storm sewers, channels and channel sections, retention/detention basins, and analyses regarding the effect such improvements will have upon the existing downstream drainage facilities;
5. A preliminary plan of the proposed storm drainage facilities including preliminary calculations of stormwater runoff and retention/detention volume, if required, to be handled by such facilities, including information regarding the effect the proposed project will have on existing downstream drainage facilities;
6. For all retention/detention basins, if any, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations;
7. For all retention/detention basins, if any, design hydrographs of inflow and outflow from the site under proposed project conditions;
8. A stormwater pollution prevention plan for the entire project site as required by Section 9.2.303, Stormwater Pollution Prevention Plans; and
9. A profile and one or more cross sections of all existing and proposed channels or other open drainage facilities, indicating existing conditions and the proposed changes, together with the high water elevations expected from stormwater runoff under the controlled conditions called for by this Article and the relationship of structures, streets, and other utilities to such channels for a distance as far downstream as the runoff will have a noticeable effect.
10. For all post construction best management practices, submittal of calculations, hydrographs, plans, profiles, and detailed specifications is required.
Review and Approval of Final Stormwater Management Plan.
1. The final stormwater management plan shall be reviewed by the City Engineer. If it is determined according to present engineering practice that the proposed project will provide control of stormwater runoff in accordance with the purposes, design criteria, and performance standards of this Article and will not be detrimental to the public health, safety, and general welfare, the City Engineer shall approve the plan or conditionally approve the plan, setting out the conditions.
2. A drainage permit for the project shall be granted; provided, the requirements for the drainage permit in Section 9.2.305, Drainage Permits and Prohibited Acts, have been met. If it is determined that the proposed project will not control stormwater runoff in accordance with this Article, the City Engineer shall disapprove the final stormwater management plan. If disapproved, the application and data shall be returned to the applicant for review, revision, and resubmittal.

Effective on: 8/31/2016

Sec. 9.2.303 Stormwater Pollution Prevention Plans

Requirements for Stormwater Pollution Prevention Plans (SWPPP) for Subdivision Developments.

Where construction of any residential, commercial, or industrial subdivision development will involve one or more construction activities during the life of the development project, the owner of a site of any construction activity, and any developer on the owner's behalf, shall submit a stormwater pollution prevention plan (SWPPP) that meets KDHE requirements and complies with Best Management Practices (BMPs), as part of any platting of such subdivision; or, if the subdivision is already platted and is not subject to an existing stormwater pollution prevention plan, then such shall be submitted as part of the site plans in relation to the initial building permit application within such development. The stormwater pollution prevention plan shall provide for all phases of development within the subdivision, including general grading and the construction of individual buildings and other improvements within the development, but shall not be required to include the construction of public improvements which are to be constructed by the City, such as internal water and sewer mains and public streets and sidewalks.
The subdivision owner shall provide a copy of the stormwater pollution prevention plan to all contractors and utility companies prior to their working within the subdivision.
The subdivision owner shall be responsible for implementation of the stormwater pollution prevention plan as to all construction activity within the development, excluding construction under the control of a subsequent owner of an individual lot or parcel or as to construction managed by utility companies.
Any subsequent owner of an individual lot or parcel with such subdivision shall be responsible for continued implementation of the stormwater pollution prevention plan for all construction activity within or related to that owner's lot or parcel, excluding construction managed by utility companies
The subdivision owner shall be responsible for maintenance of common controls such as sedimentation basins until all construction activity draining to the common control is 85 percent completed and the surfaces are stabilized with permanent vegetation or non-eroding surfaces.

Stormwater Pollution Prevention Plan (SWPPP) Submissions; Amendments.

Construction sites disturbing one or more acres of land and construction sites disturbing less than one acre of land but part of a larger common plan of development within the City are required to submit a storm water pollution prevention plan (SWPPP) that meets KDHE requirements and complies with BMPs, as part of the standard building permit process. The stormwater pollution prevention plan shall be reviewed as to form as part of the City's established platting and building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed stormwater pollution prevention plan.
Construction sites disturbing greater than 1,000 square feet but less than one acre and not part of a larger common plan of development are required to submit a storm water pollution prevention plan that details and illustrates storm water BMPs to reduce or eliminate pollutants in storm water discharges from the construction site. The storm water pollution prevention plan shall be reviewed as to form as part of the City's established building permitting process. Issuance of a building permit by the City shall not be construed as an opinion about the effectiveness of the proposed storm water pollution prevention plan.
Changes to the stormwater pollution prevention plan are authorized so long as compliance with KDHE's general construction stormwater permit is maintained. If proposed changes impact the post-construction conditions of the site, the changes shall be submitted to the City for review.

Requirements Applicable to Utility Companies.

Utility companies operating within the City are required to use BMPs, such as downslope controls, spill prevention, and cleanup best practices, and immediate site stabilization measures.
Utility companies are prohibited from making illicit discharges to the municipal storm sewer system.
Utility companies performing large projects that are not routine in nature and disturbing more than one acre of land within the City are required to obtain KDHE general construction stormwater permit coverage, they shall also submit a stormwater pollution prevention plan that meets KDHE requirements and complies with BMPs, to the City prior to beginning work.
Utility companies operating within a construction site permitted to a third party must follow BMPs within the permitted construction site.
Utility companies are subject to all enforcement measures provided for in this Code and other ordinances of the City.

Requirements Generally Applicable.

No contractor, subcontractor, or utility company shall enter the site subject to a stormwater pollution prevention plan for the purpose of engaging in any work prior to obtaining a copy of the stormwater pollution prevention plan for the site or project, and without taking such steps as necessary so that its activities on that site are in compliance with the stormwater pollution prevention plan.
Each contractor, subcontractor, and utility company is responsible for taking all reasonable steps necessary to avoid damaging any BMP devices once in place. Any person whose actions or neglect have resulted in the alteration, damage, or impairment of any BMP devices in place pursuant to a stormwater pollution prevention plan shall immediately repair or remedy the same, and shall be responsible for all costs necessary for such repair and remediation.
It shall be unlawful for any person responsible for performance of and/or adherence to a stormwater pollution prevention plan to fail to comply with the requirements of that plan. The requirements under a stormwater pollution prevention plan shall remain applicable until such time as the construction activities under the plan have been satisfactorily completed and the site surface properly stabilized or covered as determined by the City Stormwater Superintendent.

Dischargers of stormwater associated with industrial activity and other holders of National Pollutant Discharge Elimination System permits (NPDES) must provide proof of compliance with the provisions of the NPDES stormwater discharge permit when requested by and in a form acceptable to the City Stormwater Superintendent.
The fact that a person has conducted all activities in conformance with a stormwater pollution prevention plan or in conformance with approved or established BMPs shall not constitute a defense to a charge of violation of the illicit discharge prohibitions of this Section.

Effective on: 8/31/2016

Sec. 9.2.304 Stormwater Design Criteria and Performance Standards

Performance Standards.

Channel Location. Generally acceptable locations of stormwater runoff channels in the design of a subdivision may include, but not be limited to, the following:
1. Located adjacent to the lot line of an individual lot;
2. A drainage easement to facilitate maintenance and design flow shall be provided and indicated on the plat. No private structures shall be allowed to be constructed within or across stormwater channels.
Storm Sewer Outfall. The storm sewer outfall shall be designed so as to provide adequate protection against downstream erosion and scouring.
Lot Lines. Whenever the plans call for the passage and/or storage of floodwater, surface runoff or stormwater along lot lines, the grading of all such lots shall be prescribed and established for the passage and/or storage of waters. No private structure may be erected in these areas which will obstruct the flow of stormwater. Further, installation of fences, and the planting of shrubbery or trees within the area will not be permitted. Such items existing at the time of adoption of the Code will be grandfathered to remain only until such point in time as the City Engineer determines that such items obstruct the flow of stormwater, whereupon the City Stormwater Superintendenter Superintendent shall notify the property owner by certified mail to perform remedial work as described therein. Changes in the prescribed grades and contours of the floodwater or stormwater runoff channels will not be permitted unless approved in writing by the City Engineer. Where more than two lots or parcels are involved in a common stormwater runoff problem, the City will serve as a facilitator to assist the property owners involved to solve existing stormwater problems by making meeting rooms and City representatives available for consultation in the formation of a benefit district. Otherwise, these kinds of problems are treated as civil matters between property owners.
Interception of Runoff from Private Commercial and Industrial Sites. If proved to be warranted by the Stormwater Superintendent, stormwater runoff from private commercial and industrial sites shall be intercepted by inlets prior to being discharged into the public stormwater system, if a public stormwater system is within 200 feet of the proposed site. The intent of this requirement is to prevent runoff from private commercial and industrial sites from being discharged directly into public streets.
Easements. Permanent easements for the retention/detention and conveyance of stormwater, including easements of access to structures and facilities, shall be dedicated to the City. Easements shall be as provided in Subsections 4.1, 5.1 and 6.2, Easements, Design Criteria, Storm Drainage Systems and Facilities.
Maintenance. Provisions acceptable to the City for perpetual maintenance of retention/detention/ facilities, best management practices, outlet works, and appurtenances shall be made as follows:
1. Small ditches and similar conveyances planted to turf grass needing no special long-term care shall be in a right-of-way or easement and shall be the responsibility of abutting property owners for regular mowing in accordance with City's Code of Ordinances.
2. Retention/detention facilities, best management practices, outlet works, and appurtenances serving multiple properties and right-of-way in residential, mixed use, industrial, and commercial development shall be the long-term responsibility of the property owners for which the facilities serve. Additionally, a restrictive covenant, by deed, or plat shall be required.
3. Retention/detention facilities, best management practices, outlet works, and appurtenances serving individual commercial and industrial properties shall be located on the same parcel as the commercial and industrial development and shall be the responsibility of the property owner, in perpetuity.
Drainage Permits. A drainage permit for projects including retention/detention facilities shall be granted by the City Stormwater Superintendent only after the final stormwater management plan has been approved and all easements and restrictions have been transferred, dedicated, accepted and recorded, and all required maintenance assurances and any required security or bonds have been executed and recorded, if necessary.
Plans for Grading, Sedimentation and Erosion Control.
1. Generally.
  1. Prior to the approval and recording of the final subdivision or site plan, a plan depicting proposed site grading within the project shall be submitted to the City Stormwater Superintendent for review and approval.
  2. Stripping of vegetation or earthmoving shall not be permitted nor will building or construction permits be issued prior to approval of this plan by the City Stormwater Superintendent.
  3. For major subdivision projects consisting of more than one acre, the grading plan shall be accompanied by a detailed sedimentation and erosion control plan.
2. Subdivision Grading Plans. The grading plan shall be prepared by a professional engineer licensed in the state. The contents of the plan shall include, but not be limited to, the following information:
  1. Contours of existing grades at intervals not more than two feet. Intervals less than two feet may be required if the slope is less than one percent for 40 percent of the total area or dependent on the character of the topography;
  2. Property lines identified as to existing or proposed lot and block number;
  3. Elevation and location of the nearest bench mark (USGS datum);
  4. Contours of finish grades drawn at sufficient intervals of not more than two feet to depict major subdivision drainage patterns. In addition, finished grade spot elevations shall be shown for all corners of each lot. Such corner elevations shall be general in nature and, upon approval of the City Stormwater Superintendent, may be revised at the time of plot plan submittal;
  5. One hundred-year floodplain limits and elevations;
  6. Easement and right-of-way information (including drainage easements) required for off-site drainage ways; and
  7. Existing and proposed utility information.
3. Grading Plans for Nonresidential Individual Lots. Applications for individual building permits shall be accompanied by a specific grading plan for that lot. Such grading plan shall be incorporated into the plot plan and shall contain as a minimum, the following information:
  1. Existing or proposed property lines and lot and block numbers;
  2. The proposed location of the structure;
  3. The proposed type of structure (e.g., bi-level, split-level, etc.);
  4. Elevations of the top of the foundation and the proposed grade at principal structure corners and at lot corners;
  5. An approximate location of drainage swales indicated by directional arrows depicting flow patterns. Spot elevations may be utilized in lieu of arrows. Additional information may be required by the City Stormwater Superintendent to assure protection of adjacent property.
4. Minimum Grading Standards. The following minimum criteria for site grading shall apply to all applications for the site grading permit:
  1. Protective Slopes Around Structures.
    1. A downward slope shall be provided from structure foundations to drainage swales.
    2. A minimum gradient of 0.5 percent for concrete paved surfaces; one percent for other impervious surfaces, except in defined swales the minimum gradient shall be 0.5 percent, and in concrete gutters the minimum gradient shall be 0.3 percent.
    3. A maximum gradient shall be 4:1, horizontal to vertical, for a minimum of four feet from foundation walls.
  2. Lawn Areas. Minimum gradient shall be one percent. A gradient of two percent is recommended, where practical.
  3. Driveways. Driveways sloping toward buildings shall be graded in such a manner as to provide an intercepting swale draining away from the structure prior to its connection with the building. In specific cases, the use of gradients less than or greater than those specified may be necessary. Variance from these requirements may be allowed where justified and approved by the City Engineer.

Effective on: 8/31/2016

Sec. 9.2.305 Drainage Permits and Prohibited Acts

Prohibitions.

No person shall discharge or release, or cause or permit to be discharged or released, into the municipal stormwater drainage system, any substance which is not composed entirely of uncontaminated stormwater, except as allowed in Subsection D., below.
Notwithstanding the provisions of Subsection D. below, any discharge or release shall be prohibited by this Section if the discharge or release in question has been determined by the City Stormwater Superintendent to be a source of pollutants or contamination to the municipal stormwater drainage system and has given notice thereof.
The construction, use, maintenance, or continued existence of illicit connections as defined in Subsection E., below is prohibited. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection.
No person shall connect a line conveying sewage, domestic sewage, or industrial waste to the municipal stormwater drainage system, or allow any such existing connection to continue.
No person shall intentionally destroy, damage, or otherwise interfere with the effectiveness of any best management practices implemented pursuant to this Article.
No person shall discharge otherwise allowable waters under this Article to public property and right-of-way which causes damage, harm, or inconvenience to the public through prolonged saturation, erosion, water pollution, or damage to property.

Motor oil, antifreeze, or any other petroleum product or waste;
Industrial waste;
Hazardous waste, including household hazardous waste;
Domestic sewage, septic tank waste, grease trap waste, or grit trap waste;
Garbage, rubbish, or yard waste (including grass trimmings, leaves, weeds, and all other vegetation or portions, trimmings or wastes);
Wastewater which contains soap, detergent, degreaser, solvent, surfactant, emulsifier, dispersant, or other cleaning substances;
Wastewater from any commercial facility for the washing of vehicles, such as car wash facilities; or from any similar facility associated with any new or used vehicle distributorship, rental agency, body shop, repair shop or maintenance facility; or from any similar facility maintained by any business or institution for the washing, cleaning, or maintenance of its own business or commercial vehicles or heavy equipment;
Wastewater from the cleaning of the portion of vehicles or equipment which contained ready-mixed concrete, mortar, ceramic, asphalt-based material, or hydromulch material;
Wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum, or hazardous substance has occurred;
Effluent from a cooling tower, condenser, compressor, emissions scrubber or emission filter, or the blowdown from a boiler;
Runoff, washdown water or waste from any animal pen, kennel, fowl, or livestock containment area;
Swimming pool water which has not been de-chlorinated in accordance with the specifications of the City Stormwater Superintendent;
Swimming pool or fountain filter backwash;
Any substance or material which will damage, block, or clog the municipal stormwater drainage system;
Any release from a petroleum storage tank, or any leachate, or runoff from soil contaminated by a petroleum storage tank leakage;
Pesticides or fertilizers, including runoff from the improper storage, discarding, transportation, or application of pesticides or fertilizers;
Discharge of street sweepings;
Wastewater from concrete cutting, pavement cutting, pipe cutting, and any similar operation where water is used to cool cutting equipment;
Wastewater from oil and natural gas exploration and production activities;
Discharge from construction activities oil and natural gas exploration sites without downslope best management practices maintained and in-place;
Runoff, washdown, or wastewater which contains any of the above;
Nonstormwater discharge from a construction activity site unless specifically authorized by the most current version of Kansas Department of Health and Environment's (KDHE) general construction stormwater permit; or
Any other water, wastewater, or stormwater requiring National Pollutant Discharge Elimination System (NPDES) authorization.

Illicit Discharge Exceptions. The following nonstormwater discharges are deemed acceptable and not a violation of Subsections B. and C., above:

Uncontaminated discharge from water line flushing;
Uncontaminated discharge or flow from a diverted stream flow or a natural spring;
Uncontaminated groundwater infiltration as defined under 40 CFR 35.2005(20) to separate storm sewers;
Discharge of flow from uncontaminated pumped groundwater or rising groundwater;
Discharge or flow from contaminated groundwater if specifically authorized by KDHE and the City;
Uncontaminated discharge or flow from potable water sources;
Uncontaminated discharge or flow from a foundation drain, a crawl space pump, a footing drain, or a sump pump;
Uncontaminated discharge or flow from air-conditioning condensation, which is not mixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of any pollutant;
Infrequent and uncontaminated discharge or flow from lawn watering, landscape irrigation, or other irrigation water;
Discharge from the occasional, noncommercial washing of vehicles upon a residential premises;
Uncontaminated discharge of flow from riparian habitat or wetland;
Swimming pool discharges (excluding filter backwash), which have first been de-chlorinated pursuant to specifications of the City Stormwater Superintendent;
Discharge or flow from street washing, which is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or other harmful cleaning substance;
Discharge or flow from emergency firefighting activities, or which results from actions taken under emergency conditions which are reasonably necessary to mitigate damages to life and property;
Uncontaminated residential heat pump discharge waters;
Treated wastewater meeting requirements of a NPDES permit;
Nonpoint agricultural discharge, excluding discharges from confined animal feeding operations; and
Other discharges determined by the City Stormwater Superintendent not to be a significant source of pollutants to waters of the state; provided, however, that if the City Stormwater Superintendent determines that any discharge or flow of a type identified above is a source of pollutants to the waters of the municipal stormwater drainage system, and gives direct oral or written notice thereof to the person or party responsible for such property or for such discharges or flows, then the exception provided shall in this Subsection no longer apply.

Effective on: 8/31/2016

9.3.101 Authorization

Effective on: 8/31/2016

9.3.102 Findings of Fact

General Causes of the Flood Losses. These flood losses are caused by:

The cumulative effects of development in any delineated floodplain causing increases in flood heights and velocities; and
The occupancy of flood hazard areas by uses that are vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

Methods Used to Analyze Flood Hazards. The Flood Insurance Study (FIS) uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps, as follows:

Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this Article is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this Article. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one given year as delineated on the Federal Insurance Administrator's Flood Insurance Study (FIS), and illustrative materials dated June 15, 2022, as amended, and any future revisions thereto.
Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
Delineation of the floodway fringe (e.g., that area outside the floodway encroachment lines) but still subject to inundation by base flood.

Effective on: 8/31/2016

Sec. 9.3.103 Purpose

1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
2. Require uses vulnerable to floods, including public facilities that serve such uses to, be provided with flood protection at the time of initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended development purposes due to flood hazards.

Effective on: 8/31/2016

Sec. 9.3.104 Application

Effective on: 8/31/2016

9.3.105 Abrogation and Greater Restrictions

Effective on: 1/1/1901

9.3.106 Warning and Disclaimer of Liability

Effective on: 1/1/1901

Sec. 9.3.201 Provisions for Flood Hazard Reduction

General Standards.

Generally. No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this Section are satisfied.
100-Year Flood. All areas identified as unnumbered A zones on the Flood Insurance Rate Map (FIRM), having an index map date of June 15, 2022, are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones are subject to all provisions of this Article. If Flood Insurance Study (FIS) data is not available, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.
Floodway Designation. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the Flood Insurance Rate Map (FIRM), unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
All Development. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
1. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Construction with materials resistant to flood damage;
3. Utilization of methods and practices that minimize flood damages;
4. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
  1. All such proposals are consistent with the need to minimize flood damage;
  2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
  3. Adequate drainage is provided so as to reduce exposure to flood hazards; and
  4. All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.
Storage, Material, and Equipment. The storage of material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
Nonconforming Use. A structure, or the use of a structure or premises that was lawful before the passage or amendment of the ordinance, but which is not in conformity with the provisions of this code, may be continued subject to the following conditions:
1. 1. If such structure, use, or utility service has been or is discontinued for 24 consecutive months, any future use of the building shall conform to this ordinance.
  2. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 600 square feet, may be constructed at-grade and wet-flood proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; the accessory structure meets the following floodplain management requirements; and a
floodplain development permit has been issued. Wet-flood proofing is only allowed for small low-cost structures.
1. 2. Use of the accessory structures must be solely for parking and limited storage purposes in any special flood hazard area as identified on the community's Flood Insurance Rate Map (FIRM).
  3. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Section 9.3.201(A)(4)(b) of this regulation.
  4. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with, Section 9.3.201(A)(4)(d) of this regulation. All of the building's structural
    components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
  5. Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 9.3.201(4) of this regulation.
  6. The accessory structures must meet all NFIP opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Section 9.3.201(B)(1)(c) of this regulation.
  7. The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 9.3.201(E)(2) of this regulation. No permits may be issued for accessory structures within any
    designated flood way, if any increase in flood levels would result during the 100-year flood.
  8. Equipment, machinery, or other contents must be protected from any flood damage.
  9. Wet-flood proofing construction techniques must be reviewed and approved by the community. The community may request approval by a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. Cost for any required professional certification to be paid by the developer.
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last 5 calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into with 9.3.201(4)(B)(l) which requires elevation of residential structures to one (1) foot above the base flood elevation or the elevation/flood proofing of nonresidential structures to one (1) foot above the base flood elevation.

Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated a minimum of one foot above the base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Nonresidential Construction.
1. New construction or substantial improvement of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be dry floodproofed to a minimum of one foot above the base flood elevation. Mechanical and HVAC equipment shall be protected or elevated to same level as the lowest floor. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set out in Section 11.1.304, Floodplain Administrator.
2. For all new construction and substantial improvements, that fully enclosed areas below the lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
  1. A minimum of two openings having a total net area of not less than one square inch for every foot of enclosed area subject to flooding shall be provided; and
  2. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

Manufactured Homes.

All manufactured homes to be placed within all unnumbered and numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) shall be required to be installed using methods and practices that minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
Manufactured homes that are placed or substantially improved within unnumbered or numbered A zones, AE, and AH zones, on the community's Flood Insurance Rate Map (FIRM) sites:
1. Located outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. Located in an expansion to an existing manufactured home park or subdivision; or
4. Located in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood are required to be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated a minimum of one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
Manufactured homes are required to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones, AE and AH zones, on the community's Flood Insurance Rate Map (FIRM), that are not subject to the provisions of this Subsection C.2., above, be elevated so that:
1. The lowest floor of the manufactured home is a minimum of one foot above the base flood level;

AO Zones.
1. All new construction and substantial improvements of residential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map (FIRM) (at least two feet if not depth number is specified).
2. All new construction and substantial improvements of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including the basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community Flood Insurance Rate Map (FIRM) (at least two feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely flood proofed to that level so that the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
3. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.
AH Zones.
1. The specific standards for all areas of special flood hazard where base flood elevation has been provided shall be required as set out in Subsection B. above.
2. Adequate drainage paths shall be required around structures on slopes, in order to guide floodwaters around and away from proposed structures.

The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
If Subsection E.2., above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
In unnumbered A zones, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set out in Subsection A.1. above.

Be on the site for fewer than 180 consecutive days; or
Be fully licensed and ready for highway use; or
Meet the permitting, elevation, and anchoring requirements for manufactured homes set out in Subsection C., above.

Effective on: 8/31/2016