Lake Lotawana City Zoning Code
CHAPTER 435
Infrastructure Standards
Section 435.010 Adequate Public Facilities Required; Adoption Of Standards And Best Management Practices.
[Ord. No. 849 § 435.1, 10-16-2007]
A.
The purpose of these regulations is to ensure that land proposed for development shall be served by public facilities at the levels of service established by the City, which are adequate to support and service the area of the proposed development. Land shall not be approved for development unless and until adequate public facilities exist or provision has been made for the following essential public facilities: public safety, water service, wastewater treatment and disposal, stormwater management, electrical service, telecommunications service and transportation facilities. Public facilities shall be provided in a manner that is consistent with the Comprehensive Plan, these regulations and other standards adopted by the County.
1.
New development shall provide adequate facilities and services to accommodate demands from proposed development in conformance with the minimum standards established by the City;
2.
Improvements shall be constructed in conformance with the provisions of these regulations;
3.
New development shall be timed and phased at a pace that will ensure the adequate provision of community facilities and services for proposed and future development;
4.
Each phased development project shall be designed so that the project is capable of functioning effectively and independently at completion of each phase;
5.
Adequate roadway facilities shall be provided concurrently with new development and shall be designed and constructed in conformance with applicable City standards; and
6.
All required facilities shall be inspected and approved by the City prior to issuance of a building permit, except sidewalks.
B.
No development shall be approved unless such development has available adequate public facilities and services at the time that development approval is applied for, or such public facilities are contained within a fully funded capital improvement program or plan. Proposed public improvements shall conform to and be properly related to the City's Comprehensive Plan and all applicable capital improvements programs and plans, including the plans for roads, sewer, stormwater management, fire and water districts, school districts and other emergency service providers.
C.
The most current edition of the APWA specifications and the MARC BMP manual for stormwater practices are hereby adopted.
Section 435.020 Adequate Public Facilities.
[Ord. No. 849 § 435.2, 10-16-2007]
A.
Such development approvals may be timed and phased where partial adequate public facilities are available.
B.
Water. All habitable structures and buildable lots shall be connected to a public or private water system capable of providing water for health and emergency purposes, including adequate flows for fire protection.
C.
Wastewater. All habitable structures and buildable lots shall be served by an approved means of wastewater collection and treatment as required.
D.
Stormwater Management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in peaks or velocity of downstream flooding. The City may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.
E.
Streets. Proposed streets shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation, shall be properly related to the Comprehensive Plan, and shall be appropriate for the particular traffic characteristics of each proposed development. Adequate street capacity and street design and construction shall be done in conformance with the design standards in these regulations. New development shall fund the construction of the transportation facilities needed to meet the demands attributable to the development. Such roadways shall be provided concurrently with new development. The subdivider shall provide the grading of the entire street right-of-way, alley or public place and pave the streets. Dedication of rights-of-way and other access easements necessary for needed transportation facilities for current and future phases shall be required of new development.
F.
Extension And Oversized Facilities Policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The City may require the applicant of a subdivision to extend off-site improvements to reach the subdivision or to oversize required public facilities to serve anticipated future development as a condition of map approval. Reimbursements for oversized facilities shall be provided in a development agreement entered into between the developer and the City.
G.
Phasing. The City may require the timing and phasing of development or improvements to maintain adopted levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare of the City's inhabitants.
H.
Easements/Rights-of-Way.
1.
Except as otherwise provided in these regulations, an applicant for a development approval shall ensure that adequate on-site and off-site easements are provided for future roadways, water, wastewater and other public utilities.
2.
The property owner shall grant adequate utility easements for all public and private utilities along rear and side property lines as recommended by the Zoning Administrator. Utility easements shall be shown on the plat and dedicated in conjunction with recordation of the final plat.
3.
All public utility easements shall be at least ten (10) feet wide. Additional width may be required for unusual topography or for easements needed for multiple utilities to ensure the proper placement and maintenance of utility lines.
4.
Except where prohibited by topography, utility easements shall be located on lot lines in the rights-of-way of streets, or in separate utility easements. The City may require all easements for drainage or sewer to be selectively cleared of undergrowth, trees and other obstructions by the applicant prior to final approval. No buildings or structures, except as necessary for utilities, shall be permitted within or on easements.
5.
An applicant shall provide adequate on-site rights-of-way for anticipated traffic demands in a manner consistent with these regulations, the Comprehensive Plan and project specific traffic impact analysis (TIA), if applicable. If a TIA shows that a proposed development creates the need for additional off-site right-of-way, the applicant may be required to provide right-of-way proportional to the demand created prior to development approval.
6.
Where streams and watercourses are located within a subdivision, the subdivider shall dedicate easements on both sides of the watercourse to permit proper maintenance by the City.
I.
Construction And Materials. Except as otherwise provided in these regulations, the construction and material specifications shall comply with the standards established by the American Public Works Association (APWA Standards), except as modified by policies and codes adopted by the Board of Aldermen.
J.
Inspections/Acceptance. The City will inspect public improvements to ensure that such improvements are constructed to City standards and specifications. City acceptance of required improvements shall be required prior to use or occupancy of a development. The cost of inspection shall be borne by the applicant.
K.
Maintenance. The City shall require performance and payment bonds or letters of credit and/or maintenance guarantees for any street, wastewater line or drainage facility as a condition of accepting such improvement.
Section 435.030 Individual Wells And Central Water Systems.
[Ord. No. 849 § 435.3, 10-16-2007]
A.
Public Water Supply Unavailable. Where public water is not available, individual wells may be used to provide water to each and every lot within the subdivision. The applicant shall demonstrate the availability of water for domestic use and shall submit samples of the water to the appropriate County department for its approval. Individual wells shall be approved by the appropriate health authorities and such approvals shall be submitted to the Planning and Zoning Commission for approval prior to final subdivision plat approval.
B.
Public Water Supply Available In The Future. If the Planning and Zoning Commission requires that a connection to a public water main be made in the future when the main becomes available, the applicant shall make arrangements to receive future water service prior to approval of the final plat. The Planning and Zoning Commission may require a performance or cash bond to ensure compliance.
Section 435.040 Fire Hydrants.
[Ord. No. 849 § 435.4, 10-16-2007]
A.
All new subdivisions with lots smaller than one (1) acre shall have fire hydrants. The applicant shall be required to show the location of the fire hydrants on the construction plans. The fire hydrants shall be designed as follows:
1.
Fire hydrants shall be located not more than one thousand (1,000) feet apart, but shall be located within five hundred (500) feet, as measured in a straight line, of any structure. The location of the hydrants shall be approved by the City Engineer.
2.
Fire hydrants and underground water lines shall be installed prior to final paving of the streets shown on the construction plans.
3.
Fire hydrants shall comply with all provisions of the Fire Code of the City of Lake Lotawana.
4.
Fire hydrants shall have sufficient water flow and pressure as determined by the City Engineer, whose determination may be based on recommendations by the applicable water district and fire district.
Section 435.050 Central Wastewater Systems And Sewer Required.
[Ord. No. 849 § 435.5, 10-16-2007]
A.
Generally. All habitable structures and buildable lots shall be served by an approved means of wastewater collection and treatment. Central wastewater collection and treatment shall be provided when it is required and upon approval by the City of an appropriate pay-as-you-grow financing tool that allocates growth-related costs to new users.
B.
Design Standards. All central wastewater systems shall be designed and constructed to comply with State and American Public Works Associations (APWA) Standards as modified by these regulations. These design standards are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances where recommended by the City Engineer. Sanitary sewer systems shall be designed and built for the ultimate tributary population. Sewer capacities shall be adequate to handle the anticipated maximum hourly quantity of sewerage and industrial waste together with an adequate allowance for infiltration and other extraneous flow. Design flows shall be subject to approval of the City Engineer for each particular development.
C.
Off-Site Improvements. The developer of a parcel shall provide off-site improvements required to adequately serve a proposed development; provided, however, that the Zoning Administrator may authorize development to proceed if the service provider certifies that the necessary capital improvements have been funded for construction within two (2) years of plat recordation. In no event shall an administrative permit be granted prior to connection to an approved wastewater system unless the Board of Aldermen has approved an interim service plan.
D.
Extension/Oversizing. Upon recommendation of the City Engineer and the Planning and Zoning Commission, the Board of Aldermen may require that wastewater lines be over-sized to accommodate planned development.
Section 435.060 Private (On-Site) Sewage Disposal Systems.
[Ord. No. 849 § 435.6, 10-16-2007]
A.
Generally. All private on-site sewage disposal systems shall be installed, altered, expanded, repaired or operated according to the requirements of the County Department of Public Works Environmental Health Division, State law and regulations.
Note: Also reference Section 700.160 of the City of Lake Lotawana Municipal Code. In the "LR" zoning, the homeowners' association rules require that new residences must be connected to the City sewers.
B.
Permit Required. Any person who desires to install, add to, alter, expand or repair a private on-site sewage disposal system shall make a written application on forms provided by the County Department of Public Works Environmental Health Division. No person shall install, add to, alter, expand or repair a private waste treatment system without the approval of the County.
C.
Failure To Comply With Stop Work-Order. Failure to comply with a stop work order or other lawful order of the County Department of Public Works Environmental Health Division is a violation of these regulations.
D.
One Residence Per Individual On-Site System. Only one (1) residence shall be connected to an individual on-site sewage treatment system, except that the City Engineer and County Department of Public Works Environmental Health Division may jointly authorize connection of additional units upon finding that the system can accommodate all uses.
E.
When Private Waste Treatment System Constitutes A Public Nuisance. The location and installation of private waste on-site sewage disposal systems shall be such that with reasonable maintenance, the private on-site sewage disposal system will function in a sanitary manner and will not create a nuisance, health hazard or endanger the safety of any domestic water supply. Any private on-site sewage disposal or other waste treatment system installed, added to, altered, expanded or repaired in violation of this Chapter and the rules and regulations of the County or State is a threat to the health, safety and welfare of the County and is a public nuisance.
F.
Private On-Site Sewage Disposal System Standards.
1.
Factors Considered. When reviewing an application for a subdivision with individual on-site sewage treatment systems, consideration shall be given to the size and shape of the lots, slope of natural and finished grade, soil type and classification, depth of groundwater bedrock, or any limiting layer, proximity of existing or future water supplies and possible expansion of the system.
2.
Designed To Receive All Sewage. The systems shall be designed to adequately receive all sewage from the dwelling. Footing or roof drainage shall not enter any part of the systems.
Section 435.070 Minimum Design Standards, Alleys And Streets.
[Ord. No. 849 § 435.7, 10-16-2007]
A.
Arrangement of major streets in the subdivision shall conform as nearly as possible to the Comprehensive Plan, and major street plan as adopted by the City, and provisions shall be made for the extension of major and secondary thoroughfares. Except for courts and culs-de-sac, streets normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts. No development approval shall be granted where adequate off-site transportation capacity is not available at time of development approval or contained within a fully funded capital improvement program or plan.
B.
Minor streets should be so planned as to discourage their use by non-local traffic. "Places," courts or culs-de-sac will be permitted where topography or other conditions justify their use and provisions shall be made for adequate traffic circulation. Culs-de-sac shall normally not be longer than five hundred (500) feet, including a turnaround which shall be provided at the closed end, with an outside curb radius of at least forty (40) feet and a right-of-way radius of not less than fifty (50) feet.
C.
Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
D.
When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the continuous location and opening of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision.
E.
Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets generally shall be sixty degrees (60°).
F.
Streets entering the opposite sides of a street shall either be directly across from each other or offset by at least one hundred (100) feet from center line to center line.
G.
Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or the right-of- way of a limited access freeway, expressway or major thoroughfare, provision shall be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, or for a street at a distance suitable for the appropriate use of land between such street and the right-of- way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths.
H.
Except where justified by several conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than twenty (20) feet wide. Intersecting alleys shall have corner cutoffs of at least twenty (20) feet on a side. Dead-end alleys shall be avoided whenever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end.
I.
Dedication of half streets will not be approved except in the public interest.
J.
For all public ways hereafter dedicated and accepted, the minimum right-of-way widths for streets, alleys, or pedestrian ways included in any subdivision shall not be less than the minimum dimensions for each classification as follows and shall be in accordance with the master plan for streets:
1.
Primary or arterial streets: minimum right-of-way is sixty (60) feet.
2.
Collector or secondary streets: minimum right-of-way is sixty (60) feet.
3.
Residential streets: minimum right-of-way is fifty (50) feet.
4.
Marginal access streets: minimum right-of-way is forty (40) feet.
5.
Alleys: twenty (20) feet.
K.
Where existing or anticipated traffic on primary and secondary thoroughfares warrants greater widths of rights-of-way, these shall be required. A drainage easement, in addition to the provided right-of-way width, may be required where streets parallel streams or drainage area. The width of such drainage easements shall be determined by the City Engineer. Said engineer shall notify the developer and the Chairman of the Planning and Zoning Commission, in writing, of his/her determination.
L.
Minimum pavement widths of all streets, measured from the back to back of curb, and for alleys and walks included in any subdivision shall not be less than the minimum dimensions for each classification as follows and in accordance with the master plan for streets:
1.
Primary or arterial streets: forty-four (44) feet wide, back to back of curbs.
2.
Collector or secondary streets: thirty-six (36) feet wide, back to back of curbs.
3.
Residential streets: twenty-eight (28) feet wide, back to back of curbs.
4.
Marginal access streets: minimum twenty-four (24) feet wide, back to back of curbs.
M.
Street Grades. The grades in all streets, alleys, and pedestrian ways included in any subdivision shall not be greater than the maximum grades for each classification as follows, except where topographical conditions unquestionably justify a departure from this maximum:
1.
Major streets, primary: five percent (5%).
2.
Major streets, secondary: seven percent (7%).
3.
Minor streets: ten percent (10%).
4.
Culs-de-sac: ten percent (10%).
5.
Alleys: ten percent (10%).
6.
Pedestrianways: twelve percent (12%).
7.
Minimum grade shall be: one-half of one percent (0.5%) (subject to drainage approval).
8.
Intersection grades will be individually reviewed.
O.
There shall be a tangent between all reversed curves of a length equal to the radii of the curves so as to provide for a smooth flow of traffic.
P.
Vertical. All changes in street grade shall be connected by vertical curves of such length as to provide for the minimum sight distances required. The minimum sight distances required are as follows:
Q.
Curb Radii. Where two (2) minor streets intersect at approximately right angles, so that the smallest angle of intersection is not less than eighty degrees (80°), the curb at each block corner shall be rounded with a radius of fifteen (15) feet. At all intersections where minor streets intersect at an angle of less than eighty degrees (80°), or where a minor street intersects with a major or secondary thoroughfare, or where two (2) or more secondary or major thoroughfares meet, cross or otherwise intersect in any combination, the curb radii at such intersections shall be subject to the approval of the City Engineer.
R.
Sidewalks. Where density is two and one-half (2.5) to four (4) houses per net acre, sidewalks shall be on one (1) side. Where density is over four (4) houses per net acre, sidewalks shall be on both sides. No sidewalks are required on culs-de-sac or streets where residential density is less than two and one-half (2.5) houses per net acre. Minimum sidewalk widths shall be four (4) feet. Notwithstanding the prior provisions, sidewalks on both sides of the street will be required on all arterial and collector streets. Sidewalks shall also be required for all non-residential or mixed uses.
S.
Sight Distance. No fence, wall, entrance marker, sign, hedge, shrub planting or tree foliage which obstruct sight lines at elevations between two (2) feet and eight (8) feet above roadways shall be located on any corner lot within the triangular area formed by the right-of-way lines and a line connecting them at points twenty-five (25) feet from their point of intersection.
T.
Private streets meeting all of these requirements except for ownership may be constructed and maintained only within a PD or QSGD and only with express provisions requiring one hundred percent (100%) financial assurance that the private street will be perpetually maintained, repaired and reconstructed according to a timetable adopted by the City.
Section 435.080 Street Construction.
[Ord. No. 849 § 435.8, 10-16-2007]
A.
Curb And Guttering. All separate curb and gutter used in conjunction with streets other than concrete, and except as hereinafter provided, shall be twenty-four (24) inches wide of concrete construction, and constructed in accordance with the standard detail and specifications as provided by the City. Only integral curb and gutter shall be used with concrete streets.
B.
Base Coarse And Surface For Class I Streets. Class I streets shall be constructed of seven (7) inches of compacted cement treated base, or hot asphaltic concrete base, covered with three (3) inches of hot asphaltic concrete surface, or eight (8) inches of concrete.
C.
Base Coarse And Surface For Class II Streets. Class II streets shall be constructed of six (6) inches of compacted cement treated base, or hot asphaltic concrete base, covered with two (2) inches of hot asphaltic concrete surface, or six (6) inches of concrete.
D.
Base Coarse And Surface For Class III Streets. Class III streets shall be constructed of five (5) inches of compacted cement treated base, or hot asphaltic concrete base, covered with one and one-half (1 1/2) inches of hot asphaltic concrete surface, or five (5) inches of concrete.
E.
Compliance With City Specifications. All streets must be constructed in accordance with standard details and specifications furnished by the City.
F.
Widening Of Existing Streets. In cases of required widening, the widening shall correspond to construction specified above for the applicable type of street. Where future widening is planned or contemplated, a temporary asphalt lip curb will be required if, under good engineering practices, the lip is necessary to control storm damage.
G.
Phases To Be Inspected, Accepted. Each phase of construction (including, but not limited to, subgrade base and formed curbs) shall be inspected and accepted by the City Engineer before starting the succeeding phase of construction.
H.
Violations And Non-Compliance. Any violation of this Chapter shall be construed to be a misdemeanor, and may be properly treated as such, and any violation or variance from the terms and specifications recited in this Chapter shall be cause for the City's refusal to accept the work on any applicable project. Should work not be inspected as required herein, the contractor shall furnish an additional three (3) years maintenance bond.
Section 435.090 Easements.
[Ord. No. 849 § 435.9, 10-16-2007]
A.
An easement for utilities, at least five (5) feet wide, shall be provided along each side of a side line of lots and/or the rear line of lots where necessary to form a continuous right-of-way, at least ten (10) feet in width. If necessary for the extension of a water main or sewer lines or similar utilities, easements of greater width may be required along lot lines or across lots.
B.
Utility easements shall connect with easements established in adjoining properties.
C.
Additional easements for pole guys should be provided at the outset of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along the side lot lines.
D.
Drainage Easements For Storm Sewers May Be Required. Easements for open channel drainage may be required where the cost of the installation of storm sewers, as shown in bids or other price quotes, is considered by the City Engineer to be prohibitive. These easements may be along the side lot lines, but usually the design should be such that the drainage will be carried along the rear of the lots. If open channel drainage is to be carried down the rear lot lines, the easement shall be of adequate width for workmen (with trucks if need be) to enter the easement and keep it cleaned out. The size and location of such easements for open channel drainage shall be determined by the City Engineer.
Section 435.100 Dedications For Public Sites And Open Spaces.
[Ord. No. 849 § 435.10, 10-16-2007]
A.
All areas to be reserved for or dedicated to public use shall be shown on the concept plan in order that the City may determine when, if, and in what manner such areas will be dedicated to, or acquired by the City, and shall conform as nearly as possible to the recommendations of the City Comprehensive Plan, major street plan, and capital improvements program.
B.
All streets, alleys, easements and other public sites, when approved by ordinance, shall not thereafter be changed without the approval of the Board of Aldermen, by ordinance, and upon recommendation of the City Planning and Zoning Commission and the City Engineer.
Section 435.110 Required Minimum Improvements.
[Ord. No. 849 § 435.11, 10-16-2007]
A.
Permanent Markers And Monuments. Permanent markers shall be placed at points of curvature and points of tangency on street lines, and at each angle point on the boundary of the subdivision. In situations where conditions prohibit the placing of markers in the location prescribed above, offset markers will be permitted. Permanent monuments shall be placed at all quarter section points within the subdivision or on its perimeter.
B.
Streets. Street pavement shall conform with the provisions of these regulations.
C.
Sanitary Sewers. A sanitary sewer system shall be constructed by the subdivider in accordance with the requirements of the Missouri DNR and as recommended by the City Engineer. When public sewers are not available, the developer shall construct a sewer collection system to the same standards as a public sewer. A community disposal system of individual septic systems shall be connected to collection system and discharge in a well defined natural drain. Maintenance bond requirement will be the same for a public sewer or individual collection system.
D.
Storm Sewers. Where an existing storm drainage system is reasonably accessible, the subdivider shall connect with such storm drainage system and shall do all grading and provide all drainage structures that are necessary to properly carry the water to locations which are acceptable to the City Engineer. All storm drainage calculations shall be made in accordance with the minimum design criteria of the City.
E.
Abutting Streets. Abutting streets shall be improved in accordance with the master plan and the full width shall be constructed as approved by the Board of Aldermen.
F.
Sewering Adjacent Property. Sewers shall be extended to the boundary line to serve adjacent property except where adjacent property can be served by future sewer extension through dedicated right-of-way.
G.
Water. The developer shall meet City requirements concerning the water system of the City of Lake Lotawana codes. Building permits will not be issued until these requirements are met.
Section 435.120 Maintenance Guarantee.
[Ord. No. 849 § 435.12, 10-16-2007]
An acceptable maintenance bond in the amount of fifty percent (50%) of the contract price of the improvement shall be provided to protect the City against defects in workmanship and materials for a period of two (2) years from the date of acceptance of such improvements. The bond shall be filed with the City Engineer prior to the acceptance of the improvements by the City.
Section 435.130 Standards And Specification.
[Ord. No. 849 § 435.13, 10-16-2007]
All improvements required by these regulations shall be constructed in accordance with the design standards and plan requirements of these regulations, all other City requirements and specifications and, where applicable, the requirements and authorization of the appropriate State agency or utility company.
Section 435.140 Inspection.
[Ord. No. 849 § 435.14, 10-16-2007]
The City Engineer may inspect the improvements from time to time during their construction. All of the improvements shall be subject to inspection and approval of the City Engineer who shall be notified, in writing, at least twenty-four (24) hours prior to the start of construction.
Section 435.150 Condition Of Acceptance.
[Ord. No. 849 § 435.15, 10-16-2007]
A.
Generally. The City shall not have any responsibility with respect to any street or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements shall have been dedicated to and accepted by the City. Prior to requesting final acceptance of streets, and sanitary and storm sewers, the developer shall furnish as-built drawings in reproducible form. The City shall, within thirty (30) days after the public improvements have been offered for dedication to the City, accept the improvements, provided the improvements have been constructed in accordance with the requirements and conditions of this Chapter, all other applicable laws and regulations, and the specifications of the City. The developer shall furnish proof that all improvements are free of lien and debt.
B.
Inspection Required. All improvements required by these regulations shall be inspected by the City Engineer, except for improvements made under the jurisdiction of other public agencies, in which case engineers or inspectors of such agency will make the necessary inspections. Where inspections are made by other agencies, the applicant shall provide the City with written reports of each final inspection.
C.
Compliance With Standards. The applicant or the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations, all applicable laws, and the standards and specifications of other public agencies.
D.
Acceptance. City approval for the installation and construction of improvements shall constitute acceptance by the City for dedication purposes.
E.
Acceptance By City.
1.
The City shall not accept, improve, grade, pave or light any street, or authorize the installation of water, sewer or other utilities in any street unless:
a.
The street has received the legal status of a public street prior to the adoption of a City plan; or
b.
The street corresponds in its location and lines with a street shown on an approved and recorded subdivision plat; or
c.
The street corresponds in its location and lines with a street shown on a street plan adopted by the Commission.
2.
Exception. The City may accept, improve, grade, pave or light any street, or authorize the installation of water, sewer or other utilities in any street not complying with Subsection (E)(1) above, if the action is approved by the Planning and Zoning Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.
F.
Site Cleanup. The applicant shall remove all equipment, material, and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, adjacent property or other land in the City is prohibited.
Section 435.160 Electrical And Communication Lines And Facilities.
[Ord. No. 849 § 435.16, 10-16-2007]
A.
Purpose And Intent. The purpose of this Section is to ensure that electrical, utility and telecommunication lines and facilities are located and constructed within the City so as to best protect the health, safety and general welfare of its citizens and to ensue the proper operation and availability of such services to all residents and businesses.
B.
Applicability. This Section shall apply to all electrical facilities, utilities, and telecommunications facilities, including, but not limited to, telephone, telegraph, cable television, fiber optic and electrical communication facilities, within the City. This Section shall not apply to the following facilities:
1.
Electric utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way where site screening is or will be provided in accordance with this Chapter.
2.
Ornamental street lighting.
3.
Police and fire sirens, or any similar City equipment, including traffic control equipment, whether owned and operated by the City or by any fire or ambulance district.
4.
Replacement or the addition of necessary elements or structures in existing overhead wiring to maintain or augment existing service.
5.
The installation, replacement or maintenance of live front underground electrical structures shall be prohibited in all floodplains and drainage easements. Where electrical or communication equipment must cross a floodplain or drainage easement, they shall be installed as to be reasonably free from flood or stormwater runoff drainage.
6.
House service switch boxes and exposed conduit at buildings may be above ground. The transformers will be pad-mounted or of the submersible type installed below grade back of the walk. All communications enclosed terminal blocks will be located adjacent to the transformers, but may be spaced otherwise if approved and authorized by the Public Works Director. Gas and electric meters may be above ground.
C.
Underground Lines.
1.
All electrical distribution, cable television, and telephone lines constructed or developed after October 16, 2007, shall be installed underground.
2.
All electrical distribution, cable television, and telephone lines from an overhead or underground facility to serve any building or other structure, which line is relocated or modified after October 16, 2007, shall be installed underground except:
3.
All extensions, relocations or rebuilds of existing overhead electrical distribution, cable television, and telephone lines shall be installed underground from and after the effective date hereof.
D.
Above Ground Utility Structures.
1.
Upon application for the construction or development of utility transmission line structures, the applicant shall provide data pertaining to electromagnetic field radiation (EMF) rates for the structure(s).
2.
Above ground electric transmission lines are permitted subject to the following conditions:
a.
In the "ER," "LDR," "MDR," "LR," "THR" and "NC" zoning districts, electric and magnetic radiation shall not exceed two (2) milligauss (mG) as measured from a line which is drawn thirty (30) feet from the outer walls of every dwelling unit. If no dwelling unit has been developed on the tract or lot on which a transmission line is to be erected, but a building permit, special use permit, site plan or other approval from the City has been issued for development of one (1) or more dwelling units, electric and magnetic radiation shall not exceed two (2) mG as measured from a line which is drawn thirty (30) feet from the outer walls of all dwelling units shown on the building permit, site plan or other approval. If no dwelling unit has been developed on the tract or lot on which a transmission line is to be erected, and no permit or other approval for residential development on such tract or lot has been obtained from the City, and the tract or lot on which the above ground utility structure is to be constructed is located adjacent to a tract of land or lot on which a dwelling unit has been developed or for which a building permit, site plan or other development approval has been obtained from the City, the electric and magnetic radiation shall not exceed two (2) mG as measured from a line drawn thirty (30) feet from the outer walls of all dwelling units shown on the building permit, site plan or other approval for the adjacent lot.
b.
For corner lots, no above ground utility structures shall be erected within one-half (1/2) mile of any highway in the Missouri State highway system.
c.
No electric transmission lines may be developed or constructed in a State, County or municipal park or on property on which a school facility is located. If a transmission line is proposed to be developed on a lot adjacent to a lot on which a school or park is located, the electric and magnetic radiation shall not exceed two (2) mG as measured at the boundary of all school properties and parks.
3.
Where permitted pursuant to Subsection (D)(2) above, above ground electric transmission structures shall be permitted only in accordance with the following table showing the permitted transmission line area:
[Ord. No. 15-05, 3-17-2015]
Zoning District | Distance from Side Lot Line (feet) | Distance from Rear Lot Line (feet) |
|---|---|---|
ER | Prohibited | 35 |
LDR | Prohibited | 35 |
MDR | Prohibited | 30 |
LR | Prohibited | 30 |
THR | Prohibited | 30 |
NC | Prohibited | 30 |
HC | 15 | 30 |
OTC | 25 | 30 |
A | Prohibited | 35 |
a.
The distance from a lot line for electric transmission and other above ground utility structures shall be measured from the edge of the above ground utility structure. Buffering and landscaping may be included within the permitted transmission line area.
c.
All electric transmission equipment and facilities, other than electrical transmission poles, shall be placed within an enclosure or within the building or structure being served, or be suitably screened in accordance with the landscape requirements of the Lake Lotawana Zoning Code.
E.
Applications, Permits And Fees.
1.
Applicants for utility permit approval shall submit a complete application and other required materials and information to the Planning Commission, and is responsible for complying with the requirements of this Chapter, and shall make the necessary arrangements with the utility companies involved for the design plans and for the installation of said facilities. The Planning and Zoning Commission may impose other submittal requirements as necessary.
2.
Applicants for any above ground structure shall obtain a utility permit, issued by the Planning and Zoning Commission, prior to proceeding with any construction, in accordance with the following requirements.
a.
b.
A permit for work in the public right-of-way for undergrounding work shall be acquired by the utility from the Public Works Director prior to proceeding with construction of facilities in the public right-of-way, or within easements for public facilities, or public property. The fee for and terms for such permit for any undergrounding shall be pursuant to the City's approved fee schedule.
3.
The application materials shall be in sufficient detail to show the location of the proposed above ground utility structures, including the distance to all other structures located within one thousand (1,000) feet, and showing the height, setback, and buffering of such buildings.
5.
The application materials shall contain a written description of the existing conditions on the tract or lot and the necessary drawings and sketches as required by this Chapter to show the applicant's plan of development. All plats shall be signed by a registered surveyor.
6.
The applicant shall provide a statement on the tentative subdivision map indicating the terminal points of the distribution system proposed to be used.
7.
An overall underground distribution system plan shall be submitted for approval with the final subdivision map to show the proposed installation. The plan will show the location of all underground services with locations to be marked at the walk or the curb and the meters to be so located as to have access from the street side of the buildings. The underground services shall be shown to be covered with a safety guard.
8.
Plans for all above ground installations, including those excepted hereto, shall be submitted to the City for approval of screening and setback requirements prior to the issuance of any permits in connection with such above ground installations in the public rights-of-way or in public utility easements.
9.
Project "as-built" drawings, in a form and scale conforming to generally accepted engineering practices, shall be submitted in duplicate to the City Clerk within thirty (30) days of the completion of any underground project within the City. In addition, each utility shall submit in duplicate "as-built" drawings of all of its underground facilities within the City on an annual basis, commencing on January first following the effective date hereof, provided that if said drawings are not available at that time, the utility shall be given a reasonable time to prepare and submit such drawings. The requirement to provide the drawings as specified in this Subsection shall not relieve the applicant for a permit from providing preliminary plans in connection with the application for a permit for work in the public right-of-way or otherwise.
10.
It shall be the responsibility of the applicant to provide underground utility easements along the front, rear and side lots as may be required.
11.
After approval the applicant shall provide the utility companies with an approved copy of the tentative map.
F.
Design Standards.
1.
All conductors, switches, transformers, and regulating devices shall be installed in accordance with applicable national, State and local safety standards. All structural devices shall be designed in accordance with the provisions of, and additions to, the Uniform Building Code adopted by the City, and all other applicable ordinances and regulations of the City as its Building Code.
2.
All underground facilities provided for herein shall be installed in such manner as to be coordinated with underground water, sewer, and gas pipelines, and with traffic control and other signal systems. Whenever such coordination requires installation practices more restrictive or demanding than the minimum standards required by applicable national, State and local codes and safety standards, the requirements of such coordination shall govern and be controlling.
3.
All vaults, manholes, ventilation gratings, and access covers and conduits in public rights-of-way shall be strong enough to withstand ten thousand (10,000) pounds wheel load. The utility may, at its option, elect not to comply with the said wheel load requirement as to such facilities not on the traveled portion of the street; providing, however, that the utility shall be responsible for upgrading of the said facilities in event of widening of the traveled portion of the street.
4.
Any equipment and facilities excepted from underground requirements or otherwise permitted to be installed above ground, except for poles, pole-mounted equipment, and aerial lines, shall be:
a.
Placed within an enclosure or within the building or structure being served, or be suitably screened in accordance with the landscape requirements of these regulations.
b.
The utility shall be responsible for the installation, maintenance, repair, and replacement of the sight screening materials and barrier when the real property on which the above ground facility is located is owned by the utility.
5.
When the above ground facility is located on real property not owned by the utility, the owner of such real property shall be responsible for the installation, maintenance, repair, and replacement of the aforementioned screening materials and sight barrier.
6.
Space frames and structural arrangements for holding equipment or facilities shall be designed to have an uncluttered and neat appearance.
7.
Streets shall be excavated to subgrade prior to the installation of underground facilities as determined by the Public Works Director.
G.
Joint Trenches. In requiring undergrounding of electric and communications facilities, it is the City's intent to authorize and encourage establishment of joint or common trenches, as follows:
1.
Utilization of a single trench where feasible by all utilities and rights-of-way franchise holders is hereby encouraged and shall be required wherever feasible. Upon application for an underground right-of-way use permit, the Public Works Director shall determine whether other utilities and franchise holders have applied, or may be likely to apply on a timely basis, for undergrounding along the same right-of-way and whether the permit, if issued, should require joint use of a common trench. If at the time of application for an underground permit it does not appear that all utilities involved in the undergrounding project have made appropriate arrangements for the use of the common trenches, the Public Works Director may delay the issuance of such permit until all utilities involved in such relocation shall have been given the opportunity to be heard upon two (2) weeks' notice.
2.
Where new structures require underground services extending into or across the public right-of-way to existing overhead distribution systems for connection, it shall be the responsibility of the property owner, owner's agent or other persons applying for such underground service from an electrical or communications utility to provide adequate provisions and capacity for joint usage in a trench with conduit or other required facilities for present and future service extensions to the structure. The utility, property owner, owner's agent, or other person applying for the permit shall notify all other electrical and communications utilities as to the availability of a common trench. The issuance of a permit may be delayed until all utilities involved in a street crossing for underground service connection to a structure have been given the opportunity to be heard upon two (2) weeks' notice.
3.
Whenever an electrical or communications facility, including, but not limited to, electrical power, telephone, telegraph, cable television, and fiber optics is required to be placed underground in a joint trench, then the costs of excavation and fill and also the costs of conduit, cable, vaults, and other appurtenant facilities shall be borne on an equal basis, or as agreed, by the utilities, franchise holders, or others participating in the undergrounding project.
H.
Temporary Permit. The Zoning Administrator may grant special permission, in cases where temporary electrical power or communication service is necessary because of an emergency, for building construction purposes, or for other temporary purposes, in order to erect, construct, install or maintain poles, wires and other overhead structures for a period not to exceed one hundred twenty (120) days. However, in the event the purpose for which the temporary permission is granted cannot be completed within the period herein provided because of a shortage of material, a natural disaster, strikes or other circumstances beyond the control of the applicant, or by unusual hardships, then, upon the written consent of the Zoning Administrator, the time may be extended an additional temporary period or periods necessary to allow completion of such construction. Application for a temporary permit shall be in accordance with procedures adopted by the Zoning Administrator.