The purpose of this article is to secure an adequate level of access to services and facilities for all development within the city. The city does not intend this article to prohibit the development of land within the city, but rather to provide a means by which development that would generally not be approved by the city, because adequate public facilities and services do not currently exist, may, through the developer's provision of these facilities and services, be approved. By adoption of this article, the city intends to:

(1)

Establish what constitutes adequate public facilities;

(2)

Establish when the provision of adequate public facilities and services is required;

(3)

Establish those types of development that shall not be subject to the adequate public facilities and service requirements;

(4)

Establish a review process that ensures all development proposals are treated uniformly and fairly and in accordance with the purposes for the adoption of this article; and

(5)

Authorize the director of public works to create administrative guidelines to support this article.

(Ord. No. 8804, § I, 4-11-05)

The director of public works shall be the administrator of this article.

(Ord. No. 8804, § I, 4-11-05)

The requirements set forth in this article shall apply to all development applications except for those development proposals that are projected to generate no more than fifty (50) average daily vehicle trips, provided the director determines that the volume or type of traffic generated by the proposal will not create a safety hazard or cause any street or intersection to exceed its design capacity. It shall be at the discretion of the director of public works to grant relief from any provision of this article, based on information provided that may set forth conditions related to a development that would not fully require the processes of adequate public facilities concurrent with the impact of the development, provided that the spirit and purpose of the City Code is observed.

(Ord. No. 8804, § I, 4-11-05)

For the purposes of administering this article, the city may require the preparation of a traffic study, a drainage study, an environmental impact analysis or any other additional study or expert analysis. Such study shall be prepared at the applicant's expense in accordance with the terms and direction set by the director of public works and shall be submitted with the initial development application required by the City Code for the type of development proposed.

(Ord. No. 8804, § I, 4-11-05)

All public improvements as required herein shall be designed and constructed in accordance with the provisions set forth in this UDO and as prescribed within the city's design criteria and construction specifications and standard details.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10940, § III, 7-30-18)

All development applications, unless otherwise specifically provided herein, shall be evaluated to determine the impact of the proposed development upon the city's street network.

(Ord. No. 8804, § I, 4-11-05)

All development shall have at least one direct connection to the city's continuous street network by a collector or arterial street that abuts the development and meets city improvement standards or by state regulated roadway. This connection shall be made to the development's primary major street access and be completed with the first phase of the development. This connection shall be from the limits of the development site to the point of connection to the city's continuous street network.

(1)

Residential development shall comply with the following standards:

a.

For every one hundred twenty-five (125) dwelling units within a development, at least one direct connection to the city's continuous street network by a collector or arterial street that abuts the development shall be required.

b.

For developments that include more than one hundred twenty-five (125) dwelling units, an additional direct connection to the city's continuous street network by a collector or arterial street that abuts the development shall be required. This secondary connection may be to the same abutting collector or arterial street as the first connection unless the director of public works determines that the volume and/or type of traffic generated by the proposed development will create a safety hazard or cause any street or intersection to exceed its design capacity.

(2)

Access to nonresidential development shall be determined as part of the platting or development planning process, as the case may be. The number and location of access points shall be reviewed on a case-by-case basis dependent upon the impact of the projected uses for the development. At least one direct connection to the city's continuous street network via a collector or arterial street that abuts the development shall be required.

(Ord. No. 8804, § I, 4-11-05)

In addition to providing the direct connection, the developer shall be required to improve all collector or arterial streets, as identified by the city's major street plan, that abut the proposed development along the entire limits of the development site to city improvement standards. The director of public works may determine that additional street or intersection improvements are necessary to ensure that the volume or type of traffic generated by the proposed development will not create a safety hazard or cause any street or intersection to exceed its design capacity. If these conditions are found to exist, the developer shall be required to complete any of these improvements concurrently with the first phase of the development.

(Ord. No. 8804, § I, 4-11-05)

(1)

Infill development proposals shall be required to provide a direct connection to a fully improved street network. This connection shall be made to the development's primary street access and be completed with the first phase of the development. The abutting street must meet city improvement standards from the limits of the development site to the point of connection to the city's continuous street network.

(2)

If a proposed development will generate a number of average daily vehicle trips that is less than ten (10) per cent of the total average daily vehicle trips that occur along any street to which the development will have access, the director of public works may grant relief from the improvement requirements provided it is determined that the volume and type of traffic generated by the proposed development will not create a safety hazard or cause any street or intersection to exceed its design capacity.

(Ord. No. 8804, § I, 4-11-05)

All development applications, unless otherwise specifically provided herein, shall be evaluated to determine the impact of the proposed development upon the city's sanitary sewer system.

(Ord. No. 8804, § I, 4-11-05)

All development shall be required to provide a direct gravity flow sewer connection to the public sewer system to service the subject property in accordance with the capacity requirements set forth in the city's technical specifications.

(Ord. No. 8804, § I, 4-11-05)

All development shall be required to provide for the extension of the existing public sanitary sewer main through the subject site via an extension of that main or via the provision of an easement to allow the future extension of the main. Any easement shall be dedicated at the time the development plan or plat is approved.

All non-residential development shall be required to provide an accessible sampling manhole to allow the city to monitor outflow from the property.

(Ord. No. 8804, § I, 4-11-05)

All development applications, unless otherwise specifically provided herein, shall be evaluated to determine the impact of the proposed development upon the city's water system.

(Ord. No. 8804, § I, 4-11-05)

All development shall be required to connect to a city improved water main to service the subject property in accordance with the water system master plan.

(Ord. No. 8804, § I, 4-11-05)

All development shall be required to upgrade any off-site water mains that serve the subject property to city standards in accordance with the water system master plan.

All development shall be required to extend the public water main through the subject site to allow for future off-site connections, as may be determined necessary by the director of public works.

(Ord. No. 8804, § I, 4-11-05)

All development sites shall provide a stormwater management system in compliance with the city's stormwater ordinance, currently effective stormwater master plan, and be constructed in accordance with the city design criteria and construction specifications and standard details.

(Ord. No. 8804, § I, 4-11-05; Ord. No. 10940, § III, 7-30-18)

Any public facility improvements required for a development application as a result of the application of the requirements of this UDO, may be formalized in a development agreement to be executed by the city and applicant and filed on record with the recorder of deeds of Clay County, Missouri. This agreement shall be binding upon all heirs, successors and assigns of the original parties. These development agreements shall be considered for approval by the city council concurrently with the development application.

(Ord. No. 8804, § I, 4-11-05)

An appeal to any decision of the director of public works regarding the provisions of this article may be filed within thirty (30) days of written notification of the decision with the city council. At that time, the director of public works shall forward all necessary information relating to the decision to the council for their consideration. The city council may consider the appeal, and upon a finding of sufficient cause to alter the decision of the director of public works, which is determined to not cause a negative impact on the city's public infrastructure, shall grant the appeal.

(Ord. No. 8804, § I, 4-11-05)