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Peabody City Zoning Code

CHAPTER 6

Streets, Sidewalks, and Trails

Sec. 6.1.101 Purpose

The purpose of this Chapter is to establish standards for the design, layout, and construction of streets, sidewalks, and trails.

Effective on: 8/31/2016

Sec. 6.1.102 Application
  1. Generally. This Chapter applies to all subdivisions and site plans that involve the creation of new roads or streets, and pedestrian sidewalks and trails.

  2. Right-of-Way Standards. Provided in Division 6.2.200, Street Standards, are the standards for how much right-of-way must be dedicated and what design cross-sections are required for streets, depending upon how many lots they are designed to serve. The Division also provides requirements for cul-de-sac lengths and radii, alley widths and alignments, intersection spacing, sight distance, and the geometry of curves.

  3. Standard Subdivision Specifications. These specifications establish standards for the construction of streets, driveways, sidewalks, paths, and trails including but not limited to, KDOT, AASHTO, and ADA standards, other codes, industry specifications, or other recognized industry standards.

Effective on: 8/31/2016

Sec. 6.2.101 Street Design Objectives
  1. Generally. This Section contains the objectives and principles that are served by the standards of this Chapter. The standards of this Chapter shall be guided by these objectives.

  2. Integration. New streets shall integrate into the existing street pattern so as to:

    1. Address the new development's circulation needs;

    2. Provide a pattern of streets that facilitates circulation within and through individual neighborhoods and the City; and

    3. Where higher-order functional classifications are involved, facilitate City-wide and regional-wide movements.

  3. Safety. New streets shall provide a safe and convenient layout and design.

  4. Complete Streets. New streets and substantially improved existing streets shall be designed and constructed to enable safe, attractive, and comfortable access and travel for all users, including pedestrians, bicyclists, motorists, and public transport users of all ages and abilities.

  5. Natural Resources. New streets shall be located with appropriate regard for wetlands, streams, water bodies, wooded areas, and other features that:

    1. Would enhance the attractiveness and enduring value of development; and

    2. Are locally significant for their ecological or natural resource value.

  6. Circulation and Through Traffic. Streets within subdivisions shall be designed as a system of circulation routes, so that the use of local streets by through traffic will be discouraged.

  7. Street Plans. Streets shall conform to the transportation system map reflected in the Comprehensive Plan, as amended from time to time.

  8. Half-Streets. Half streets shall be avoided, except for:

    1. Where they are essential for reasonable development of a subdivision in conformity with the other requirements of this Code; or

    2. When the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided.

Effective on: 8/31/2016

Sec. 6.2.102 Functional Classifications
  1. Generally. For the purposes of this Code, the streets within the City are classified according to the thoroughfare plan adopted in the Comprehensive Plan, as amended from time to time.
  2. Functional Classifications. The following functional classifications are applicable in the City:
    1. Interstate;
    2. Principal arterial street;
    3. Minor arterial street;
    4. Collector street;
    5. Local street; and
    6. Alley

Effective on: 8/31/2016

Sec. 6.2.201 Access and Connectivity
  1. Access.
    1. Subdivisions with 30 or more lots, or multi-family developments with 60 or more dwelling units, shall have at least two access points to/from existing streets. If possible, these access points shall be to different streets and shall be located as far apart as practical and consistent with Division 5.3.100, Access Management and Circulation.

    2. The street layout of a subdivision shall provide access to all building sites and parcels, provided however, that lots intended for single-family development shall not take access to collector or arterial streets.

    3. Street alignments within subdivisions shall utilize traffic calming techniques such as horizontal curves, medians, street offsets, controlled intersections, street width, street bulb-outs, and/or other methods that allow adequate access but discourage cut-through traffic and unsafe speeds.

    4. Local streets shall be designed to discourage through or nonlocal traffic while providing convenient access and circulation for local and emergency traffic.
  2. Connectivity.
    1. The arrangement, extent, width, grade, and location of all streets shall be considered in their relation to existing and planned streets, public convenience and safety, and in their appropriate relation to the proposed uses of land to be served by such streets.

    2. Wherever streets have been dedicated or platted on the adjacent properties for extension into or through a proposed site or subdivision, then those streets shall be incorporated into the street layout of the proposed site or subdivision. Where conditions make continuance or conformance to existing streets impractical, the pattern and alignment of streets shall conform to a plan for area development, submitted by the subdivider that is reviewed by the Zoning Administrator and Director of Public Works and approved by the Planning Commission.

    3. New streets shall align with and connect to existing stub-outs and approved streets (e.g., stub-outs on the parcel proposed for development must be provided to meet streets shown on approved preliminary or final plats on abutting parcels) at equal or greater right-of-way width and comparable pavement width, unless:

      1. Such design would be impractical or would create incompatibility, after traffic calming and diversion techniques have been considered; or

      2. The functional classification of the street changes as it crosses the boundary of the parcel proposed for development.

    4. Subdivision streets shall be extended to the boundaries of the parcel proposed for development in appropriate locations to provide for future connections to adjacent and abutting properties.

    5. Arterial and collector streets through subdivisions shall conform to the Comprehensive Plan, as adopted by the Planning Commission and City Commission.

    6. Streets that are obviously in alignment with other streets already existing and named shall bear the names of the existing streets.

Effective on: 8/31/2016

Sec. 6.2.202 Alleys
  1. Generally. Alleys established after the effective date of this Code shall comply with the standards of this Section.
  2. No Parking in Alleys. Parking shall be prohibited in all alleys.
  3. Use of Alleys. Alleys may be used only:
    1. In residential development and/or districts, alleys shall be parallel, or approximately parallel to the frontage of the street.
    2. Owners of property that abut an alley shall maintain the property from the center of the alley to the owner's property line, including providing for continuing compliance with Section 6.2.207, Sight Triangle Requirements.
  4. Alley Right-of-Way. A minimum width of 20 feet in all districts.
  5. Type of Construction. Alleys shall be constructed to the City's design standard.
  6. Connectivity.
    1. Generally, alleys shall connect to public streets on both ends, and shall be dedicated to the City as public right-of-way.
    2. Dead-end alleys shall be avoided whenever possible unless natural resources, such as floodplains, wetlands, or open water, prevent their connection to a local street and there is no alternative design that would serve all of the lots with alley access. In this case, a turn-around shall be provided at the dead-end.
  7. Intersections and Alignment. Alley intersections and sharp changes in alignment shall be avoided but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
  8. Crossings. Sidewalks shall continue across alleys at points of intersection.
  9. Services. New alleys shall be constructed as service streets, as follows:
    1. Upon discretion of the Utility Company, natural gas and electric meters shall be readable from alleys, and not obstructed by fencing or landscaping.
    2. No structures or trees shall be built within the sight visibility triangles.

Effective on: 8/31/2016

Sec. 6.2.203 Cul-de-Sacs and Temporary Turnarounds
  1. A.
    Generally. Cul-de-sacs are allowed only as provided in this Section.
  2. B.
    Cul-de-Sacs. Cul-de-sacs shall meet all of the following standards:
    1. 1.
      Cul-de-sacs shall be no longer than 150 feet in length measured from the nearest curb-line of the intersecting street to the end of the cul-de-sac (see Figure 6.2.203A, Measurement of Cul-de-Sac Length), unless special consideration is granted by the Planning Commission base on special conditions of the proposed platted area. New developments or subdivisions that incorporate cul-de-sacs into the design of the development shall conform to the 150 ft. standard maximum length requirements unless special consideration is approved by the Planning Commission. The maximum allowable length for cul-de-sacs, when special consideration is granted, shall be set at 650 ft., measured from the nearest curb-line of the intersecting street to the end of the cul-de-sac. 
    2. 2.
      The minimum radii of cul-de-sacs shall be at least:
      1. a.
        Residential: 40 feet pavement; 50 feet right-of-way.
      2. b.
        Nonresidential: 90 feet pavement; 100 feet right-of-way.
    3. 3.
      On residential cul-de-sacs, pedestrian and bicycle access shall be provided from the cul-de-sac end to existing and proposed sidewalks and bicycle facilities that are located (or planned to be located) within two tiers of lots from the cul-de-sac (see Figure 6.2.203B, Cul-de-Sac Pedestrian and Bicycle Connections).
    4. 4.
      Where the applicant does not control all of the property between the cul-de-sac and the street or trail that is necessary to create the connection, the access through the development shall be dedicated in anticipation of connecting the access at a later date when the adjacent property is developed or redeveloped (see Figure 6.2.203B, Cul-de-Sac Pedestrian and Bicycle Connections).
  3. C.
    Temporary Turnarounds. Dead-end streets that are planned for extension to connect to future development shall terminate in a temporary turnaround with 50 foot of right-of-way, which allows for emergency vehicles to turn around without backing (T and Y-shaped turnarounds are not allowed). The turnaround shall have a paved surface and a base that meets the requirements of a public street. A gravel surface may be allowed if the temporary turnaround will be in use for less than 24 months and security is provided to pave the turnaround if the anticipated connection is not made within 24 months.
Figure 6.2.203A
Measurement of Cul-de-Sac Length
Figure 6.2.203B
Cul-de-Sac Pedestrian and Bicycle Connections

Effective on: 8/31/2016

Sec. 6.2.204 Medians and Entrance Ways
  1. Use and Beautification of Medians.

    1. Medians that are part of a dedicated public right-of-way may not be utilized for any purpose other than by the City or a public utility. However, a subdivider or other entity may beautify a median with landscaping with the approval of the Planning Commission and acceptance of the City Commission, provided that:

      1. It does not interfere with existing or proposed public utilities;

      2. It conforms to the sight distance requirements of Section 6.2.207, Sight Triangle Requirements; and

      3. The applicant has submitted an agreement, in a form acceptable to the City Attorney, with regard to the entity that will have permanent responsibility for maintenance of and liability for such improvements.

    2. The Director of Public Works or Planning Commission may refer the application to the City Commission.

  2. Subdivision Access. Streets that provide ingress and egress to a subdivision or highways shall:

    1. Be connected to existing public streets at locations that will not:

      1. Create sight distance problems on the existing streets; or

      2. Interfere with the safe operation of existing intersections.

    2. When connected to arterial streets a traffic impact study may be required to determine traffic access requirements. 

    3. Gatehouses or architectural features that highlight the entrance are permitted in the median of a subdivision entranceway that meets the specifications of this Section (e.g., sight distance).

Effective on: 8/31/2016

Sec. 6.2.205 Private Streets
  1. Public Access Required. Every lot and parcel in a subdivision shall be served by a public or private street.
  2. Reserve Strips. There shall be no reserve strip at the end of a private street and between the private street and an abutting or adjacent public or private street that limits access or connection to such street(s).
  3. Requirements for Private Streets. When private streets are permitted, they shall meet all of the following requirements:
    1. Private streets shall be laid out, designed, and constructed in the same manner as public streets;
    2. Street signs shall indicate that the streets are "private";
    3. The private streets will not interfere with the implementation of the adopted Comprehensive Plan, capital improvements plan or program, or plans for construction or expansion of state or federal highways; and
    4. The private streets will not materially interfere with street connectivity in the City or create an unreasonable impact on an abutting public street by curtailing opportunities for alternative travel routes.
    5. Setbacks from private streets shall be measured in the same manner as setbacks from public streets.
  4. Gates and Guardhouses. Gates and guardhouses are permitted at entries to private street subdivisions, provided that they comply with the standards of this Subsection.
    1. Gates shall be set back from the public street to allow for stacking, as follows:
      1. Two to 30 dwelling units: 25 feet
      2. Thirty-one or more dwelling units: 40 feet
    2. The paved area behind the guest gate shall be sufficient to accommodate at least one vehicle without interfering with the use of the resident gate.
    3. Guardhouses with gates are set back at least 40 feet from the public right-of-way and provide access that is at least 18 feet in width and 14 feet in height. Clearance for construction equipment on trailers may be higher. More than 40 feet of setback may be required where the road serves more than 160 units, or it is demonstrated that the inbound traffic volume exceeds 120 vehicles per hour in the peak hours.
    4. The access between the guardhouse and the public street shall be an easement of 60 feet in width and a minimum pavement width of 36 feet.
    5. An entry turnaround shall be provided between the guardhouse or gate and the public street.
    6. Police, fire, sanitation, and other public vehicles (e.g., postal and delivery services, school buses, etc.) shall be provided access. Access control devices shall meet regulations adopted by the City, including redundancy requirements. The description and specifications for the access control devices shall be submitted for approval with the final plat. The developer shall provide to the City all equipment necessary to operate the access control devices, as determined by and at no cost to the City.
  5. Required Covenants, Easements, and Plat Notations.
    1. The preliminary and final plat shall be annotated with a notice that the streets are private and subject to covenants, conditions, or restrictions (CCRs) for maintenance.
    2. All subdivision plats, deeds, and covenants, conditions, or restrictions shall indicate that the City will not accept dedication of a private street.
    3. Easements shall be provided for all public utilities.
    4. A property owners' association shall be established in a form approved by the City at the time of final plat approval, which will:
      1. Require all lot owners to be members;
      2. Collect dues and assessments to maintain the private roads;
      3. Keep an appropriate reserve fund to ensure periodic maintenance of the private roads; and
      4. Require maintenance of the private streets, traffic signs, streetlights, and sidewalks.
    5. With respect to the maintenance of private streets, traffic signs, streetlights, and sidewalks, the property owners' association documents shall not be amended without the consent of the City.
    6. The plat shall contain an annotation in a form approved by the City Attorney that releases the City from all liability for damage that may be caused to the private streets, alleys, or security stations by the reasonable use of or access to said private streets, alleys, or security stations for public purposes, including school busing, deliveries, law enforcement, utility maintenance, and emergency response.
    7. Each private street subdivision plat shall contain the following three paragraphs on the face of the plat:
      1. "The streets, as reflected upon the subdivision plat, have not been dedicated to the public for public access nor have been accepted by the City as public improvements. The streets, streetlights, traffic control devices, sidewalks and other improvements shall be maintained by the property owners’ association within the subdivision. The streets shall always be open to emergency vehicles, public and private utility service personnel, the United States Postal Service, and governmental employees in pursuit of their official duties."
      2. "We, the undersigned owners of the land shown on this plat and designated herein as (Subdivision) do hereby grant an easement to the City of Hays, Kansas, and those who may now or hereafter hold franchise under said City. The streets, streetlights, traffic control devices, sidewalks and other improvements and easements thereon shown, surface use of the street and alleys is restricted to the employees or agents of the City of Hays. Employees of utilities operating under franchise to the City of Hays, Kansas, and residents of the subdivision and their guests."
      3. "The owners of lots served by the private streets, alleys, and access easements within this Plat agree to release, indemnify, defend and hold harmless any governmental entity for damages to the private streets, alleys, and access easements occasioned by the reasonable use thereof by the government entity for governmental purposes, and to release, indemnify, defend and hold harmless any governmental entity for damages arising from the condition of the private streets, alleys, or private access easements. The maintenance of private street signs shall not be the responsibility of the City of Hays, Kansas."
  6. Relationship to Other Sections of this Code.
    1. Off-site improvements or escrows shall apply to private street developments.
    2. All private street easements shall be treated as public street right-of-way for purposes of determining compliance with the set back, lot frontage, and other requirements of this Code that relate to the relationship between development and the abutting street.
  7. Connection of City Utilities. City utilities shall not be connected until the Director of Public Works has certified that the streets and utility lines have been constructed to City standards.

Effective on: 8/31/2016

Sec. 6.2.206 Right-of-Way Maintenance

Owners of property that abut a public right-of-way shall maintain the property between the edge of pavement or the inside of the curb and the owner’s property line, including providing for continuing compliance with Section 6.2.207, Sight Triangle Requirements.

Effective on: 8/31/2016

Sec. 6.2.207 Sight Triangle Requirements
  1. Required Sight Distance Triangle. Within the triangular area formed by the right-of-way lines of intersecting streets (at non-signalized intersections only) and a line connecting points 30 feet on either side of such intersecting right-of-way, including triangles formed from centerlines of driveways, there shall be clear space and no obstruction to vision (see Figure 6.2.207, Sight Triangle Requirements).
Figure 6.2.207
Sight Triangle Requirements
  1. Sight Distance Triangle to be Kept Free of Obstructions. No person shall place or maintain any structures, fences, landscaping, or other objects within any sight distance triangle that obstructs or obscures site distance visibility by more than 25 percent of the area between the ground and eight feet, except for the following:
    1. Landscaping, structures, or fences that protrude no more than 30 inches above the adjacent roadway surface may be permitted within the sight distance triangle.
    2. Trees may be planted and maintained within the sight distance triangle if all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface and the location of the trees planted, based on the tree species' expected mature height and size, does not obstruct sight visibility by more than 25 percent of the site distance triangle area.

Effective on: 8/31/2016

Sec. 6.2.208 Right-of-Way Widths
  1. Generally. The cross-sections of residential, collector, industrial and commercial (business), and arterial streets shall be as set out below. All streets shall be constructed to the City's design standards.
    1. Residential Streets: 60 feet;
    2. Collector Streets: 70 feet;
    3. Industrial and Commercial (Business) Streets: 80 feet; and
    4. Arterial Streets: 100 feet.
  2. Right-of-Way. Where additional right-of-way is needed to obtain vertical curve, grade, or sight distance triangles, the required right-of-way shall be adjusted in accordance with local needs, as determined by the Director of Public Works.

Effective on: 8/31/2016

Sec. 6.2.209 Thoroughfare Plan
  1. Generally.
    1. Thoroughfare planning and future right-of-way protection is a priority for the City. The thoroughfare plan is located in the Comprehensive Plan, and may be amended from time to time.
    2. The thoroughfare plan identifies the planned alignment of arterial and collector streets throughout the City and its extraterritorial jurisdiction area.
  2. Effect. New arterial or collector streets, in addition to improvements to existing arterial and collector streets, shall be consistent with the most recently adopted Comprehensive Plan.

Effective on: 8/31/2016

Sec. 6.2.301 Sidewalks
  1. Generally. Concrete sidewalks are required on both sides along all public and private streets in the City.
  2. Required. Sidewalks are required in all new developments.
    1. Residential Areas.
      1. Curbside sidewalks with a minimum width of five feet shall be installed.
      2. Sidewalks set back from the curb may be allowed where warranted with the approval of the Director of Public Works.
      3. In subdivisions, sidewalks shall be installed as each house is constructed. When no less than 50 percent of the current phase of development is built, sidewalk construction on all remaining lots shall be completed within 36 months and shall be the full responsibility of the lot owner at that time.
    2. Other Locations. On arterial and collector streets, reverse access roads, and other streets where the driving lane is immediately adjacent to the curb (where there is no on-street parking), curbside sidewalks shall be a minimum width of six feet or the sidewalk shall be set back from the curb.
  3. Alternate Allowed. With approval of the Planning Commission, sidewalks may not be required in a planned development provided an alternate means of multi-modal transportation is provided.

  4. Mid-Block Crossings and Cul-de-sacs.
    1. Pedestrian access easements and sidewalks may be required by the Planning Commission at mid-block crossings when the block exceeds 1,200 feet in length, and in cul-de-sacs, when connections to other streets, cul-de-sacs, and off-street trails are within 300 feet, measured from the shortest distance between the two points.
    2. The width of the pedestrian access easement shall be at least 10 feet and the width of the sidewalk connection shall be a minimum of six feet (see Figure 6.2.203C, Cul-De-Sac Pedestrian and Bicycle Connections).
  1. Connections to Pedestrian and Bicycle Lanes, Paths, and Trails.
    1. Sidewalks located on a parcel proposed for development shall provide connections to any existing or proposed on-street bicycle lane or shared-use path or trail if the lane, path, or trail is located on or abutting the parcel proposed for development (see Section 6.2.302, Bicycle Routes, Lanes, Paths, and Trails).
    2. For any connection to an off-site lane, path, or trail that is not yet constructed, a pedestrian access easement and stub-out connection shall be required.
  2. Modification of Sidewalk Requirements. Sidewalk requirements may be altered or waived if a sidewalk or trail plan that provides equal or greater pedestrian circulation is submitted to and approved by the Planning Commission at the time of a preliminary plat. These trade-offs may be permitted if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or shared-use pathways that connect to sidewalks or other off-street trails or pathways on the perimeter of the parcel proposed for development.

Effective on: 8/31/2016

Sec. 6.2.302 Bicycle Routes, Lanes, Paths, and Trails
  1. Generally. Bicycle transportation is an important element of a multi-modal transportation system. The purpose of this Section is to implement The Bike Hays Master Plan with respect to bicycle facilities, paths, and trails.
  2. Bicycle Routes. Bicycle routes shall be designated on all site plans and plats, and shall be signed in accordance with The Bike Hays Master Plan and signed accordingly upon completion of the proposed development.
  3. Bicycle Lanes. Bicycle lanes are required along all new arterial and collector streets, except in locations where shared use paths provide comparable or better access and mobility for bicycles. All bicycle lanes shall be designed, posted, marked, and striped according to the requirements of The Bike Hays Master Plan.
  4. Bicycle Paths and Trails. Bicycle paths and trails are required where designated in The Bike Hays Master Plan.
    1. Paths.
      1. Bicycle paths shall be at least eight feet wide, and designed, posted, and marked according to the requirements in The Bike Hays Master Plan and approved by the Director of Public Works.
      2. Where a bicycle path crosses an intersection, the bicycle path shall be marked as a bicycle crossing. Right turns at intersections shall be on the shoulder of the intersecting street if the bicycle path does not continue along the intersecting street.
    2. Trails.
      1. Development that abuts a linear corridor in The Bike Hays Master Plan shall provide an easement for the construction of a trail in accordance with the Plan.
      2. Maintenance responsibilities shall be established at the time of a preliminary plat.

Effective on: 8/31/2016