Words And Terms Defined. As used in this Chapter, the following
terms shall have these prescribed meanings:
ADEQUATE PUBLIC FACILITIES
Facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision
as determined by the Board of Alderpersons based upon specific levels
of service.
ALLEY
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
APPLICANT
The owner of land proposed to be subdivided or its representative
who shall have express written authority to act on behalf of the owner.
Consent shall be required from the legal owner of the premises.
APWA
See ROAD CLASSIFICATION.
AREA OF BENEFIT
An area of land which is designed by the Planning Commission
as receiving benefits from or creating the need for the construction,
acquisition or improvement of a public facilities project.
AREA-RELATED FACILITY
A capital improvement which is designated in the capital
improvements program as serving new development and which is not a
site-related facility. Area-related facility may include land dedication
or construction of an oversized capital improvement, whether located
off-site or within or on the perimeter of the development site.
BLOCK
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways or boundary lines of municipalities.
BOND
Any form of a surety bond in an amount and form satisfactory
to the City. All bonds shall be approved by the City whenever a bond
is required by these regulations.
BUILDING
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind.
BUILDING AND ZONING INSPECTOR
The person designated by the City of Weatherby Lake as the
Building Inspector for the City. If no Building Inspector exists,
then the Zoning Enforcement Officer shall perform duties of the Building
Inspector.
CAPITAL IMPROVEMENT
A public facility with a life expectancy of three (3) or
more years to be owned and operated by or on behalf of the City.
CAPITAL IMPROVEMENTS PROGRAM
A plan setting forth, by category of public facilities, those
capital improvements and that portion of their costs which are attributable
to serving new development within designated service areas for such
public facilities over a period of specified years (ten (10) to twenty
(20)). Capital improvements program may refer either to the plan for
a particular service area or to the aggregation of capital improvements
and the associated costs programmed for all service areas for a particular
category of public facilities.
CENTRAL SEWERAGE SYSTEM
The system established by the City for the raw waste disposal
treatment of the entire City.
CENTRAL WATER SYSTEM
The water supply system established by the City to serve
the residence with current connections to the Kansas City Water Service.
CERTIFY
Whenever these regulations require that an agency or official
certify the existence of some fact or circumstance, the municipality
by administrative rule may require that such certification be made
in any manner, oral or written, which provides reasonable assurance
of the accuracy of the certification.
CITY ATTORNEY
The licensed attorney designated by the Board of Alderpersons
to furnish legal assistance for the administration of these regulations.
CITY ENGINEER
The licensed engineer designated by the Board of Alderpersons
to furnish engineering assistance for the administration of these
regulations.
COLLECTOR ROADS
A road designed on the City's Official Plan as a collector
street or which is so classified by the City consistent with APWA
standards.
COMMON OWNERSHIP
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations
in which a stockholder, partner or association or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
CONCURRENCY
Requirement that development applications demonstrate that
adequate public facilities be available at prescribed levels of service
concurrent with the impact or occupancy of development units.
CONSTRUCTION PLAN
The maps or drawings accompany a subdivision plat and showing
the specific location and design of improvements to be installed in
the subdivision in accordance with the requirements of the Planning
Commission as a condition of the approval of the plat.
CONTIGUOUS
Lots are contiguous when at least one (1) boundary line of
one (1) lot touches a boundary line or lines of another lot.
CREDIT
The amount of the reduction of fees, payments or charges
for the same type of capital improvement for which the fee has been
charged.
CUL-DE-SAC
A local street with only one (1) outlet that terminates in
a vehicular turnaround and having an appropriate terminal for the
safe and convenient reversal of traffic movement.
DESIGN CRITERIA
Standards that set forth specific improvement requirements.
DEVELOPER
The owner of land proposed to be subdivided or its representative
who is responsible for any undertaking that requires review and/or
approval under these regulations. See SUBDIVIDER.
DEVELOPMENT AGREEMENT
Agreement between the City and developer through which the
City agrees to vest development, use or intensity or refrain from
interfering with subsequent phases of development through new legislation
in exchange for the provision of public facilities or amenities by
the developer in excess of those required under current community
regulations.
EASEMENT
Authorization by a property owner for another to use the
owner's property for a specified purpose.
ENVIRONMENTAL ENGINEERING SOLUTIONS
Use of technology concerned with the reduction of pollution,
contamination and deterioration of the natural surroundings in which
humans live.
ESCROW
A deposit of cash with the City or escrow agent to secure
the promise to perform some act.
EXACTIONS
Requirement of development to dedicate or pay for all or
a portion of land or costs of public facilities as a condition of
a development approval.
EXPENDITURE
A sum of money paid out in return for some benefit or to
fulfill some obligation. The term includes binding contractual commitments
whether by development agreement or otherwise to make future expenditures
as well as any other substantial change in position.
EXTERNAL BUFFER
A naturally vegetated area or vegetated area along the exterior
boundaries as required which is landscaped and maintained as open
space in order to eliminate or minimize conflicts between such development
and adjacent land uses.
FINAL SUBDIVISION PLAN
The map of a subdivision to be recorded after approval by
the Planning Commission and any accompanying material as described
in these regulations.
FISHING LOTS
Lots initially subdivided or created which were non-buildable
and intended to afford recreational rights to the owners.
FRONTAGE
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot; but it shall not be considered as
the ordinary side of a corner lot.
FRONTAGE STREET
Any street to be constructed by the developer or any existing
street where development shall take place on both sides.
GRADE
The slope of a road, street or other public way specified
in percentage terms.
HEALTH, SAFETY OR GENERAL WELFARE
The purpose for which municipalities may adopt and enforce
land use regulations for the prevention of harm or promotion of public
benefit to the community, commonly referred as Police power.
HIGHWAY, LIMITED ACCESS
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
on lands and other persons have no legal right to access to or from
the same, except at such points and in such manner as may be determined
by the public authority having jurisdiction over the trafficway.
HOUSEHOLD
Any person or persons who reside or intend to reside in the
same housing unit.
INFILL DEVELOPMENT
Development designed to occupy scattered or vacant parcels
of land which remain after the majority of development has occurred
in an area.
LANDSCAPING
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
LOCAL ROAD
A road whose sole function is to provide access to abutting
properties and to other roads from individual properties and to provide
right-of-way beneath it for sewer, water and storm drainage pipes.
LOT
A tract, plot or portion of a subdivision or other parcel
of land intended as a unit for the purpose, whether immediate or future,
of transfer of ownership or possession or for building development.
LOT, CORNER
A lot situated at the intersection of the (2) streets, the
interior angle of such intersection not exceeding one hundred thirty-five
degrees (135°).
LOT IMPROVEMENT
Any building, structure, work of art or other object situated
on a lot.
MAJOR SUBDIVISION
All subdivisions not classified as minor subdivision including,
but not limited to, subdivision of four (4) or more lots.
MARKET VALUE
The fair market value of a designated unit at the time such
value is determined by the Zoning Enforcement Officer.
MASTER PLAN
A comprehensive plan for development of the local government
prepared and adopted by the Planning Commission pursuant to State
law and including any part of such plan separately adopted and any
amendment to such plan or parts thereof.
MASTER PRELIMINARY PLAT
That portion of a preliminary plat submitted in connection
with a multi-phase or phased subdivision application which provides
the information and graphics meeting the requirements of this Chapter
for the purpose of implementing an integrated development scheme for
all phases of the proposed subdivision.
MINOR SUBDIVISION
Any subdivision containing not more than three (3) lots fronting
on an existing street each of which lots constitute more than fifteen
thousand (15,000) square feet not involving any new street or road
or the extension of municipal facilities or the creation of any public
improvements and not adversely affecting the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Master Plan, Official Map, Zoning Ordinance or these regulations.
MONEY IN LIEU OF LAND
Payment of money into a municipally earmarked fund to provide
for acquisition of facilities off-site in place of dedicating land
or providing such facility on-site.
NATURAL OPEN CHANNEL SYSTEMS
Those stormwater systems which are environmentally friendly
and make use of environmental engineering solutions.
NEW DEVELOPMENT
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation or enlargement of any
structure; or any use or extension of land; any of which has the effect
of increasing the requirements for capital improvements, measured
by number of service units to be generated by such activity and which
requires either the approval of a plat pursuant to the City's subdivision
regulations, the issuance of a building permit or connection to the
City's water or sanitary sewer system.
NOTICE OF NON-COMPLIANCE
A notice issued by the Zoning Enforcement Officer to the
Planning Commission informing the applicant for approval of a major
subdivision that the sketch plat is not in compliance with these regulations
and that the applicant may not apply for preliminary plat approval.
NOTICE TO PROCEED
A notice issued by the Zoning Enforcement Officer to the
Planning Commission informing the applicant for approval of a major
subdivision that the sketch plat is in compliance with these regulations
and that the applicant may proceed to apply for preliminary plat approval.
OFF-SITE
Any premises not located within the area of the property
to be subdivided, whether or not in the common ownership of the applicant
for subdivision approval.
OFFICIAL MAP
The map established by the Board of Alderpersons pursuant
to law showing the streets, highways, parks, drainage systems and
setback lines laid out, adopted and established by law and any amendments
or additions to adopted by the Board of Alderpersons resulting from
the approval of subdivision plats by the Planning Commission and the
subsequent filing of approved plats.
ORDINANCE
Any legislative action, however denominated, of a local government
which has the force of law, including any amendment or repeal of any
ordinance.
OWNER
The person or entity to which the property belongs.
PAVED SUBDIVISION APPLICATION
An application for subdivision approval submitted pursuant
to a master preliminary plat or, at the option of the subdivider,
pursuant to a specific plan in which the applicant proposes to immediately
subdivide the property but will develop in one (1) or more individual
phase(s) over a period of time.
PERIMETER STREET
Any existing street to which the parcel of land to be subdivided
abuts on only one (1) side.
PERSON
Any individual or group of individuals or any corporation,
general or limited partnership, joint venture, unincorporated association
or governmental or quasi-governmental entity.
PLAT
A map of the subdivision conforming to these regulations
and showing the location and boundaries of individual parcels of lands,
streets, easements drawn to the scale required by the regulations.
POLICE POWER
Inherent, delegated or authorized legislative power for purposes
of regulation to secure health, safety and general welfare.
PRELIMINARY PLAT
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning Commission for approval.
PRIMARY ARTERIAL
A road intended to move through traffic to and from major
attractors such as central business districts, regional shopping centers,
colleges and/or universities, military installations, major industrial
areas and similar traffic generators within the governmental unit
and/or as a route for traffic between communities or large areas and/or
which carries high volumes of traffic.
PROPERTY OWNERS' ASSOCIATION
An association or organization, whether or not incorporated,
which operates under and pursuant to recorded covenants or deed restrictions
through which each owner of a portion of a subdivision — be
it a lot, parcel site, unit plot, condominium or any other interest
— is automatically a member as a condition of ownership and
each such member is subject to a charge or assessment for a prorated
share of expense of the association which may become a lien against
the lot, parcel, unit, condominium or other interest of the member.
PUBLIC FACILITIES
Any and all public improvements, the need for which is directly
or indirectly generated by development, including, but not limited
to, the following:
1.
Water mains, pipes, conduits, tunnels, hydrants and other necessary
works and appliances for providing water service.
2.
Lines, conduits and other necessary works and appliances for
providing electric power service.
3.
Mains, pipes and other necessary works and appliances for providing
electric power service.
4.
Poles, posts, wires, pipes, conduits, lamps and other necessary
works and appliances for lighting purposes.
5.
Sidewalks, crosswalks, steps, safety zones, platforms, seats,
statuary, fountains, culverts, bridges, curbs, gutters, tunnels, subways
or viaducts, parks and parkways, recreation areas, including all structures,
buildings and other facilities necessary to make parks and parkways
and recreation areas useful for the purposes for which intended.
6.
Sanitary sewers or instrumentalities or sanitation, together
with the necessary outlets, cesspools, manholes, catch basins, flush
tanks, septic tanks, disposal plants, connecting sewers, ditches,
drains, conduits, tunnels, channels or other appurtenances.
7.
Drains, tunnels, sewers, conduits, culverts and channels for
drainage purposes with necessary outlets, cesspools, manholes, catch
basins, flush tanks, septic tanks, disposal plants, connecting sewers,
ditches, drains, conduits, channels and appurtenances.
8.
Pipes, hydrants and appliances for fire protection.
9.
Breakwaters, levees, bulkheads, groins and walls of rock or
other material to protect the streets, places, public ways and other
property from overflow by water or to prevent beach erosion or to
promote accretion to beaches.
10.
Retaining walls, embankments, buildings and any other structures
or facilities necessary or suitable in connection with any of the
work mentioned in this Section.
11.
Compaction of land, change of grade or contours, construction
of caissons, retaining walls, drains and other structured suitable
for the purpose of stabilizing land.
12.
Works, systems or facilities for the transportation of people,
including rolling stock and other equipment appurtenant thereto.
13.
All other work auxiliary to that described herein which may
be required to carry out that work, including terminal and intermediate
stations, structures, platforms or other facilities which may be necessary
for the loading of people into and unloading of people from such transportation
facilities.
14.
The grading or regrading, the paving or repaving, the planking
or replanking, the macadamizing or remacadamizing, the graveling or
regraveling and the oiling or reoiling of streets.
15.
Acquisition, construction, improvement and equipping of Police
stations.
16.
Acquisition, construction and installation of traffic signs,
signals, lights and lighting.
17.
Public works maintenance facilities.
18.
All other work auxiliary to any of the above which may be required
to carry out that work including, but not limited to, the maintenance
of public facilities projects and administrative, engineering, architectural
and legal work performed in connection with establishing, implementing
and monitoring public facilities projects.
PUBLIC FACILITY
A facility owned by the City of Weatherby Lake or controlled
by it or by another political subdivision. Public facility excludes
those improvements that are site-related facilities.
PUBLIC HEARING
All adjudicatory proceeding held by the Planning Commission
preceded by published notice and actual notice to certain persons
and at which certain persons, including the applicant, may call witnesses
and introduce evidence for the purpose of demonstrating that plat
approval should or should not be granted. Witnesses shall be sworn
and subject to cross-examination. The rules of civil procedure on
the courts shall not, however, bind the Planning Commission.
PUBLIC IMPROVEMENT
Any drainage ditch, roadway, parkway, sidewalk, pedestrianway,
tree, lawn, off-street parking area, lot improvement or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation or which may effect an improvement for
which local government responsibility is established.
PUBLIC MEETING
A meeting of the Planning Commission or Board of Alderpersons
preceded by notice, open to the public at which the public may, at
the discretion of the body holding the public meeting, be heard.
RESUBDIVISION
Any change in a map of an approved or recorded subdivision
plat that affects any street layout on the map or area reserved thereon
for public use of any lot line or that affects any map or plan legally
recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees
or for any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct
from the lots or parcels adjoining such right-of-way and not included
within the dimensions or areas of such lots or parcels. Rights-of-way
intended for streets, crosswalks, water mains, sanitary sewers, storm
drains, shade trees or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on
which such right-of-way is established.
ROAD CLASSIFICATION
For the purpose of providing for the development of the streets,
highways, roads and rights-of-way in the City, the street shall be
classified, unless otherwise indicated on the City's Official Map,
in accordance with the Kansas City Metropolitan Chapter of the American
Public Works Association (hereafter known as "APWA") standard specifications
for design criteria currently classified therein. The classification
of each street, highway, road and right-of-way is based upon its location
in the respective zoning districts of the local government and its
present and estimated future traffic volume and its relative importance
and function as specified in the Master Plan of the local government.
The required improvements shall be measured as set forth for each
street classification on the Official Map.
ROAD, DEAD-END
A road or a portion of a road with only one (1) vehicular-traffic
outlet.
ROAD RIGHT-OF-WAY WIDTH
The distance between property lines measured at right angles
to the centerline of the street.
SALE OR LEASE
Any immediate or future transfer of ownership or any possessory
interest in land, including contract of sale, lease, devise, intestate
succession or other transfer of an interest in a subdivision or par
thereof, whether by metes and bounds or lot and block description.
SCREENING
Either:
1.
A strip at least ten (10) feet wide of densely planted (or having
equivalent natural growth) shrubs or trees at least four (4) feet
high at the time of planting; or a type that will form a year-round
dense screen at least six (6) feet high; or
2.
An opaque wall or barrier or uniformly painted fence at least
six (6) feet high.
SECONDARY ARTERIAL
A road intended to collect and distribute traffic in a manner
similar to primary arterials, except that these roads service minor
traffic-generating areas such as community commercial areas, primary
and secondary educational facilities, hospitals, major recreational
areas, churches and offices and are designed to carry traffic from
collector streets to the system of primary arterials.
SECURITY
The letter of credit or cash escrow provided by the applicant
to secure its promises in the subdivision improvement agreement.
SERVICE AREA
The area for a particular category of public facilities within
the jurisdiction of the City and within which impact fees for capital
improvements will be collected for new development occurring within
such areas and within which fees so collected will be expended for
those types of improvements for that category of public facility identified
in the public facility improvements program. Service areas may be
subdivided into subareas for purposes of assuring that impact fees
collected and expended therein reasonably benefit new development
within such areas.
SERVICE UNIT
Either streets, street lights, storm sewer, sanitary sewer
water, electrical which is the standardized measure of consumption,
use or generation attributable to a new unit of development for that
category of public facility and which is set forth in the impact fee
schedules for that category of public facility.
SETBACK
The distance between a building and the street right-of-way
line nearest to the building.
SHADE TREE
A tree in a public place, street, special easement or right-of-way
adjoining a street as provided in these regulations.
SITE-RELATED FACILITY
An improvement or facility which is for the primary use or
benefit of a new development and/or which is for the primary purpose
of safe and adequate provision of streets, street lights, storm sewer,
sanitary sewer water, electrical to serve the new development and
which is not included in the capital improvements program and for
which the developer or property owner is solely responsible under
subdivision or other applicable regulations.
SKETCH PLAT
A sketch preparatory to the preliminary plat (or final plat
in the case of minor subdivisions) to enable the subdivider to save
time and expense in reaching general agreement with the Planning Commission
as to the form of the plat and the objectives of these regulations.
SPECIFIC PLAN
A document encompassing a specific geographic area of the
City which is prepared for the purpose of specifically implementing
the City's Comprehensive Plan by:
1.
Refining the policies of the Comprehensive Plan to a specific
geographic area;
2.
Containing specific recommendations as to the detailed policies
and regulations applicable to a focused development scheme. The specific
plan shall consist of goals, objectives and policies, requirements
for capital improvements, the level of service required for public
facilities, physical and environmental conditions, housing and land
use characteristics of the area; and maps, diagrams and other appropriate
materials showing existing and future conditions.
STREET
See ROAD CLASSIFICATION.
STRUCTURE
Any construction above or below ground.
SUBDIVIDE
The act or process of creating a subdivision.
SUBDIVIDER
Any person who:
1.
Having an interest in land, cause it, directly or indirectly,
to be divided into a subdivision, or who
2.
Directly or indirectly sells, leases or develops or offers to
sell, lease or develop or advertises to sell, lease or develop any
interest lot, parcel site, unit or plat in a subdivision, or who
3.
Engages directly or through an agent in the business of selling,
leasing, developing or offering for sale, unit or plat in a subdivision,
and who
4.
Directly or indirectly is controlled by or under direct or indirect
common control with any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots,
tracts or interests for the purpose of offer, sale, lease or development
whether immediate or future, either on the installment plan or upon
any and all other plans, terms and conditions. "Subdivision" includes the division or development of residentially zoned land,
whether by deed, metes and bounds description, devise, intestacy,
lease, map, plat or other recorded instrument. "Subdivision" includes resubdivision.
SUBDIVISION AGENT
Any person who represents or acts for or on behalf of a subdivider
or developer in selling, leasing or developing or offering to sell,
lease or develop any interest, lot, parcel, unit, site or plat in
a subdivision, except an attorney-at-law whose representation of another
person consists solely of rendering legal services.
SUBDIVISION IMPROVEMENT AGREEMENT
A contract entered into by the applicant and the Planning
Commission on behalf of the municipality by which the applicant promises
to complete the required public improvements within the subdivision
within a specified time period following final subdivision plat approval.
SUBDIVISION PLAT
The final map or drawing, described in these regulations,
on which the subdivider's plan of subdivision is presented to the
Planning Commission for approval and which, if approved, may be submitted
to the County Clerk or Recorder of Deeds for filing.
TEMPORARY IMPROVEMENT
Improvements built and maintained by a subdivider during
construction of the subdivision and prior to release of the performance
bond.
TRACT
A lot. The term "tract" is used interchangeably
with the term "lot", particularly in the context
of subdivision where a tract is subdivided in several lots, parcels,
sites, units, plots, tracts or interests.
TRANSFER OF DEVELOPMENT RIGHTS
The conveyance of development rights by deed, easement or
other legal instrument, authorized by ordinance or regulation, to
another parcel of land and the recording of that conveyance.
VESTED RIGHTS
Right to initiate or continue the establishment of a use
which will be contrary to a restriction or regulation coming into
effect when the project associated with the use is completed.
ZONING ENFORCEMENT OFFICER
The officer appointed by the Board of Alderpersons to administer
these regulations and to assist administratively other boards and
commissions.