The purpose of this article is to ensure that regulations are in place to allow for the orderly division of land. Specifically, the following goals shall guide the subdivision of land: protect the health, safety and welfare of the general public; provide adequate and efficient transportation networks, water services, sewer services, drainage, schools, parks, recreation facilities and other public facilities; and provide for the conservation of ecologically sensitive areas, existing trees, native plantings and natural features.

(Ord. No. 8804, § I, 4-11-05)

The regulations provided under this article shall apply to all subdivision land located within the city limits, with the exception of new lots created of more than fifteen (15) acres.

(Ord. No. 8804, § I, 4-11-05)

(1)

All newly created lots shall be designed in a manner consistent with the comprehensive plan and the provisions of this UDO. Where technical studies or written findings have been provided in support of modification of the regulations and restrictions of this article, the director may recommend to the commission and council a modification to any regulation or restriction or part thereof, where the granting of the modification shall not create undue hardship or unsafe condition for the general public or public infrastructure. Similarly, where written findings support additional restriction relative to any provision within this article, the director may recommend to the commission and council a stricter regulation than that contained herein.

(2)

Lots and subdivisions shall be designed in accordance with the following provisions:

a.

The design shall not drastically alter the site to accommodate a preconceived design;

b.

The design shall respect and enhance the physical and natural qualities of the site; and

c.

The design shall utilize and complement the existing topographic features of the site.

(Ord. No. 8804, § I, 4-11-05)

The intent of these provisions is to create walkable and pedestrian safe neighborhoods and therefore, newly created or blocks reconfigured by the construction of new streets or alleys shall be designed in accordance with the following provisions:

(1)

Blocks shall be designed to create a grid-like street network that promotes connectivity;

(2)

Where necessary, blocks may have an irregular shape to protect natural topography and ecologically sensitive areas;

(3)

Pedestrian access shall be required through the block, where necessary, to serve nearby facilities;

(4)

Cul-de-sacs and loop lanes shall not exceed eight hundred (800) feet in length measured from the centerline of the intersecting street;

(5)

In districts RN, CBD and MU block lengths shall not exceed five hundred (500) linear feet, except where access management guidelines or conditions of the terrain prohibit compliance;

(6)

In all other districts, block lengths shall not exceed seven hundred (700) linear feet on local and collector streets and one thousand (1,000) linear feet on arterial streets, except where access management guidelines or conditions of the terrain prohibit compliance.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10946, § III, 8-27-18)

The intent of these provisions is to create a fully connected transportation network designed to accommodate vehicular, non-motorized transportation, and pedestrian traffic throughout the city and therefore, streets and alleys shall be designed in accordance with the following provisions:

(1)

Street layout shall provide for an interconnected street network both within a development and to adjoining areas;

(2)

The layout and design of major streets shall conform to the transportation component of the city's comprehensive plan;

(3)

The strip of land between the sidewalk and the curb shall be maximized to best accommodate the planting of street trees;

(4)

Wherever possible, newly created streets shall connect to the existing street network;

(5)

Wherever possible, future connections shall be provided through the use of stubbed streets;

(6)

Topographic conditions and natural features shall be taken into consideration during the design of the street network;

(7)

Dead-end streets and T-intersections shall provide a terminating vista that is compatible with the adjoining streetscape and neighborhood;

(8)

For commercial and industrial developments, streets, alleys, drives, and other points of access shall be planned to minimize conflict between types of traffic;

(9)

Dead-end alleys shall not be allowed unless topographic features justify it, and in such cases adequate turnaround facilities at the closed end shall be provided;

(10)

Cul-de-sacs, dead-end streets, and developments with single-point access shall only be allowed where topography or sensitive ecological conditions make a road extension impractical, and, in such a case, the implementation of loop lanes should be considered;

(11)

Streets shall be designed in a grid-like pattern that promotes pedestrian and vehicular connectivity and recognizable blocks;

(12)

Wherever possible, collector and local streets shall be designed with traffic calming measures that are compatible to the use and location of the street; and

(13)

Wherever possible, arterial and collector streets shall be designed with intersection control devices that are compatible to the use and location of the street.

(Ord. No. 8804, § I, 4-11-05)

All public rights-of-way dedicated and accepted and all streets and alleyways designed and constructed shall be in accordance with the City of Liberty Technical Specifications and Design Construction Manual for Public Improvement Projects (latest revision) as identified in section 25-5.3 and generally in accordance with the following minimum standards:

(1)

Major arterial roadways:

a.

Required right-of-way width shall be determined on a case by case basis;

b.

Minimum street width (measured at back of curbs and including the required median): seventy-one (71) feet;

c.

On-street parking is not permitted;

d.

Straight back curbs are required;

e.

Medians that are at a minimum fifteen (15) feet wide with turn lanes are required;

f.

Five-foot wide sidewalks are required on both sides of the street; and

g.

A trail on one side of the street will be required when identified on the Trail Master Plan.

(2)

Minor arterial roadways:

a.

Required right-of-way width shall be determined on a case by case basis;

b.

Minimum street width (measured at back of curbs): forty (40) feet;

c.

On-street parking is not permitted;

d.

Straight back curbs are required;

e.

Medians may be required;

f.

Turn lanes are required;

g.

Five-foot wide sidewalks are required on both sides of the street; and

h.

A trail on one side of the street will be required when identified on the Trail Master Plan.

(3)

Collector roadways:

a.

Required right-of-way width: minimum sixty-four (64) feet;

b.

Minimum street width (measured at back of curbs): thirty-two (32) feet;

c.

On-street parking may be permitted on one side of the roadway;

d.

Straight back curbs are required;

e.

Medians may be required;

f.

Turn lanes are required at significant intersections;

g.

Five-foot wide sidewalks are required on both sides of the street, except that for those areas zoned CBD or MU, sidewalks shall be at least eight (8) feet wide; and

h.

A trail on one side of the street will be required when identified on the Trail Master Plan.

(4)

Local roadways:

a.

Required right-of-way width: minimum fifty-four (54) feet;

b.

Minimum street width (measured at back of curbs): twenty-six (26) feet, except that the street width may be reduced, at the discretion of the director, where appropriate;

c.

On-street parking may be permitted on one side of the roadway;

d.

Straight back curbs are required, except for the following:

(i)

Roll back curbs may be permitted in the R-1C zoning district;

(ii)

Where appropriate, curbs may not be necessary in the RC zoning district; and

e.

Five-foot sidewalks are required on both sides of the street, except that for those areas zoned CBD or MU, sidewalks shall be at least eight (8) feet wide.

(5)

Alleyways:

a.

Required right-of-way width: minimum fifteen (15) feet;

b.

Minimum alleyway width: eight (8) feet.

(6)

Natural route roadways (roads identified in the City of Liberty Technical Specifications and Design Construction Manual for Public Improvement Projects (latest revision):

a.

Required right-of-way width: minimum eighty-two (82) feet but may be expanded as determined on a case by case basis;

b.

Minimum street width (measured at edge of road): twenty-six (26) feet;

c.

Minimum standards as established for a minor arterial shall be met regarding vertical and horizontal geometry, design speed, drive spacing, parking, and pavement marking.

d.

On-street parking is not permitted;

e.

Medians may be required;

f.

Turn lanes may be required;

g.

Five-foot wide sidewalks are required on both sides of the street; and

h.

A trail on one side of the street will be required when identified on the Trail Master Plan.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10736, § I, 5-22-17)

Where medians are provided, the following criteria shall be met:

(1)

All medians shall be landscaped and where necessary, proper irrigation installed at the time of construction;

(2)

Medians shall be designed to allow sufficient soil depths to ensure healthy plantings;

(3)

The use of native vegetation is encouraged;

(4)

Medians shall be kept free of construction materials and debris; and

(5)

Smaller medians with decorative pavement may be utilized where appropriate, at the discretion of the director.

(Ord. No. 8804, § I, 4-11-05)

Street intersections shall follow generally accepted access management practices and be designed in accordance with the following criteria:

(1)

Generally, no more than two (2) streets shall intersect at one point;

(2)

Wherever possible, intersections shall be designed so streets intersect at right angles, except where topography or other conditions justify variations;

(3)

Generally, the minimum angle of intersection shall be sixty (60) degrees;

(4)

Streets shall intersect where two (2) segments of the same street shall be directly across from each other, except where topography or other conditions justify variations, and then the two (2) streets shall be offset by a minimum of one hundred fifty (150) linear feet from centerline to centerline;

(5)

Frontage or service streets may be required where frontage along a controlled access street or highway is to be subdivided; and

(6)

Intersections on streets with a high level of service or that possess heavy pedestrian traffic shall utilize traffic calming techniques to promote pedestrian activity.

(Ord. No. 8804, § I, 4-11-05)

To create an enhanced streetscape and cohesive neighborhood, all newly created lots shall be designed in accordance with the following criteria:

(1)

All lots shall be part of a contiguous block;

(2)

No lot shall have its rear yard back to a public street, except that residential lots may back up to an arterial roadway if one hundred (100) feet of densely landscaped area, including a berm, is provided between the street right-of-way and the rear property line;

(3)

Residential lots that front a collector street shall be at least one hundred (100) feet wide and should be designed to be of greater depth with greater front yard setbacks;

(4)

Flag lots shall be prohibited except, where topographic or environmentally sensitive conditions make them necessary;

(5)

Lots with dual frontage shall be prohibited;

(6)

Side lot lines shall be approximately at right angles to street lines or radial to curved streets;

(7)

Residential lots fronting an arterial street shall not be allowed direct access to the street; and

(8)

Residential lots in the RN district shall have driveway width cuts no larger than fifteen (15) feet.

(9)

Residential lots in zoning districts R-1C through R-4 inclusive shall contain within the front yard a minimum of one tree, which may be large- or small-growing; two (2) perennials; and three (3) shrubs per dwelling unit.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10143, § II, 12-16-2013)

In order to provide an adequate level of facilities and services to new development and to ensure that such development occurs in a manner that is consistent with the intent and provisions set forth in the city's comprehensive plan, certain dedications are required.

(Ord. No. 8804, § I, 4-11-05)

All residential development shall, as part of the final plat process, dedicate land or an equivalent fee-in-lieu of dedication for open space and public use in accordance with the provisions and intent of the parks and open space component of the city's comprehensive plan. The provisions of this article are minimum standards and shall not be construed as prohibiting a developer from the dedication or reservation of land for recreational purposes in addition to that required by this article.

(1)

All plats shall provide for the dedication of parks and open space at locations as designated in the parks and open space component of the city's comprehensive plan. All residential development shall, as part of the final plat process, dedicate land or an equivalent fee-in-lieu dedication for parks and open space for public use. If the parks and open space component of the city's comprehensive plan provides guidance on specific locations, then plats should provide for the dedication of parks and open space at such locations wherever possible.

(2)

Land areas proposed for dedication shall be shown on the plat to allow for a thorough review and determination of the flexibility and usability of the property. Parks and functional common open space, with the exception of trails, shall constitute a block or have at least two (2) sides abutting a street. Prior to approval of a preliminary plat proposing the dedication of parkland or open space, the park board shall review and make a recommendation on the acceptance of the proposed dedication.

(3)

The dedication of land for public use shall be conveyed by the developer in fee absolute title by warranty deed to the city. The land shall be free of liens, special assessments and other encumbrances and shall have all taxes paid to the year of dedication. The location of boundaries of the land shall be marked with permanent monuments in accordance with the provisions in this article.

(4)

The trail system is considered integral to the parks and recreation system. Developments planned for land on which a trail segment is identified in the parks and open space component of the city's comprehensive plan must provide such trail segment. This shall include the dedication of a trail corridor at least thirty (30) feet in width, as well as installation of the trail. Trail segments with a minimum width of ten (10) feet shall be constructed at the time of infrastructure improvement and must be constructed to meet or exceed the design guidelines for multiuse paved or unpaved trail development set forth by the MetroGreen Plan adopted by the Mid-America Regional Council. All developers required to construct a segment of a required trail will be awarded credit against the land dedication requirement. The developer will be awarded credit both for the property acreage dedicated and for the cost of the trail improvement. The cost of the trail improvement shall include construction, permitting, inspection, and other related costs. Trail construction cost credits will be determined by the director of public works through the review of an estimate of trail improvement cost provided by the developer. The awarded credit shall not exceed the dedication required by this section.

(5)

The required amount of parkland and open space for public use shall be based upon a calculation of the anticipated residential population of the development when fully developed in accordance with the following:

a.

The population shall be determined on the basis of two and six-tenths (2.6) persons per dwelling unit; and

b.

The ratio of area-to-person shall be one acre of parkland required per one hundred (100) persons.

(6)

A developer may comply with the provisions of this section to furnish land for recreational use by privately dedicating recreational open space and/or preserving significant natural, cultural, or historic features or landmarks under the following conditions:

a.

The developer must provide an area that meets the minimum standards set forth in this section related to size, suitability, and location.

b.

The developer must provide minimum neighborhood park improvements in a privately dedicated open space tract including, but not limited to:

1.

Family picnic shelter;

2.

Children's playground;

3.

Turfed playfields.

c.

All of the improvements to privately dedicated open space tracts shall be included in the initial infrastructure installation for the final plat of the phase of development which includes the dedicated space. Public access and use shall be granted via a public access and use easement over the entire area. This is required and must be shown on the final plat of the phase of development which includes the dedicated space.

d.

Privately dedicated recreation space shall be maintained by the developer or the lot owners in the subdivision under a legal agreement approved by the city as adequate to ensure its perpetual operation and maintenance.

e.

The parks and recreation board shall recommend credit against the requirements of this section for privately dedicated parkland upon a finding that the dedication would advance the goals of the parks and recreation element of the city's most recent comprehensive plan and/or would preserve a significant natural, cultural or historic feature or landmark. All requests shall be submitted to the parks and recreation department two weeks prior to appearance before the parks and recreation board and shall include the following information:

1.

A site plan showing:

i.

Scale of the drawing and the boundaries, dimensions and orientation of the site to true north;

ii.

Topography at a minimum two-foot contour interval;

iii.

Location and layout of existing physical characteristics (vegetation, natural waterways and drainageways, rock outcroppings, etc.) indicating any significant features to be removed, improved or preserved;

iv.

Location and layout of proposed improvements including landscaping, irrigation system, pathways and trails, play areas and playground equipment, lighting, fencing, structures, etc.;

v.

Ingress, egress and internal circulation for the site; and

vi.

Relationship of the proposed site and proposed improvements to adjoining property.

2.

An itemized list of the proposed improvements including a description, the quantity and estimated per unit cost figure for the individual improvements.

3.

A statement of the methods and/or provision for ownership, maintenance and use of the site and proposed improvements.

4.

Any materials and/or information determined by the parks and recreation department to be necessary or appropriate for parks and recreation board review.

(7)

Payment of fees-in-lieu of the required dedication shall be at a rate per acre as set forth in the fee schedule maintained by the city and on record in the office of the deputy city clerk for required parkland based upon the acreage requirements as calculated by the formula set forth herein. The amount so determined shall be paid prior to the final plat being recorded. If this rate is not acceptable to the applicant, the value per acre shall be determined by an appraiser, agreed upon between the applicant and the city, or, failing such agreement, by a commission consisting of one appraiser appointed by the applicant, one appraiser appointed by the city, and a third appraiser to be appointed by previously appointed appraisers, which decision by a majority shall be controlling. The applicant shall pay reasonable compensation to the appraisers.

(Ord. No. 8804, § I, 4-11-2005; Ord. No. 10253, § I, 8-25-2014)

In addition to dedicating all necessary right-of-way within the plat, additional right-of-way for abutting streets may be required at the time of platting should the director of public works determine that such right-of-way is necessary to allow future street improvements to occur in accordance with transportation component of the city's comprehensive plan. All such dedications shall be made at no cost to the city.

(Ord. No. 8804, § I, 4-11-2005)

In order to provide an adequate level of facilities and services to new development and to ensure that such development occurs in a manner that is consistent with the intent and provisions set forth in the city's comprehensive plan, the following improvements, to be constructed in accordance with the City of Liberty Technical Specification and Design Criteria for Public Improvement Projects and the City's Stormwater Management Ordinance [Chapter 31 of this Code], are required:

(1)

All public facility improvements as may be required under the provisions set forth Article VI.

(2)

Permanent markers and monuments: permanent reference points shall be installed by a licensed surveyor on all perimeter corners of the property and shall tie all property corners to the Kansas city grid system. The construction and placement of permanent markers shall conform to the current "Minimum Standards for Property Boundary Survey, 10 CSR 30-2, Missouri Code of State Regulations."

(3)

All street improvements shall include finish grading of the entire right-of-way.

(4)

Sidewalks shall be constructed at the time of roadway construction on both sides of all public streets, except that the construction of sidewalks along streets that are accessed by residential

lots may be deferred until building permits are issued for each lot. After three (3) years from the date of acceptance of the streets in the development by the city, the owner of any undeveloped lot within the subject development shall be required, upon notification by the city, to construct the sidewalk in accordance with city standards within sixty (60) days. Should any sidewalk not be completed within the provided time period, the city may proceed with constructing the sidewalk and levy a special assessment against the property owner for the costs thereof as provided in Section 88.880 RSMo. This agreement shall be recorded on the final plat and shall be binding upon all heirs, successors, and assigns of the original parties.

(5)

For areas designated as linear parks within the parks and open space component of the city's comprehensive plan, trails shall be constructed at the time of roadway construction in accordance with city design standards. Because the construction of the trail is an additional requirement assigned only to developments that include linear parkland, a credit against the land dedication requirement shall be applied to such developments in accordance with the following formula:

a.

For every one acre of linear parkland which includes a trail, the developer shall receive one and three-tenths (1.3) acres of credit against the parkland dedication requirement.

(6)

Street trees shall be required in accordance with the following criteria:

a.

For all residential districts, a minimum of one street tree shall be planted within the planting strip for each lot created;

b.

In the case of corner lots, a minimum of two (2) street trees, one per street, shall be planted;

c.

For all commercial and industrial districts, a minimum of one street tree shall be planted within the planting strip for each fifty (50) feet of linear frontage;

d.

All trees shall be a minimum of 1.5-inch caliper at the time of planting, shall be taken from the city's approved tree list, and shall be planted in conformance to city policies and the provisions of this UDO;

e.

Street trees shall be maintained in accordance with accepted tree maintenance practices and city policies;

f.

Approval for the removal of a street tree due to disease, deterioration or other natural causes shall be granted by the city prior to the tree being removed; and

g.

All required street trees shall be planted prior to the approval of a final certificate of occupancy.

(7)

Power distribution lines shall be installed underground in all subdivisions adjacent to lots proposed for residential use, except in the case of a subdivision containing fewer than six (6) lots where overhead lines are in existence on abutting property. Power lines classed as transmission or 3-phase feeder need not be placed underground. All such installation shall be in conformance with minimum standards and practices of the power company having jurisdiction.

(8)

A street lighting system shall be designed and installed in accordance with plans, specifications, and standards set forth by the department of public works.

(9)

Telephone lines shall be installed underground in all subdivisions adjacent to lots proposed for residential use, except in the case of a subdivision containing fewer than six (6) lots where overhead telephone lines are in existence on abutting property.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10143, § III, 12-16-13)