[R.O. 1996 § 406.010; Ord. No. 4558 § 1, 8-3-2015]
A. Purpose. The subdivision design and improvement
standards of this Chapter are intended to control subdivision activity
in order to promote public safety, health, and general welfare of
the community. These regulations are specifically designed to:
1.
Provide for orderly growth and harmonious
development of Blue Springs consistent with established policies of
the City.
2.
Secure proper arrangement of streets
for efficient traffic circulation through the coordination of existing
and planned streets, Comprehensive Plan, public facilities, and adjoining
developed land.
3.
Achieve lots of maximum utility and
viability laid out and of size so as to be in harmony with existing
and proposed development of the area.
4.
Secure adequate provisions for water,
drainage, sanitary sewer facilities based upon City, State, and Federal
requirements.
5.
Provide open space, recreation areas,
school sites, and other public facilities.
6.
Carry out the City's responsibilities
under State law to review and approve all plats and subdivision of
real estate.
B. Exemptions. The regulations of this Chapter
shall not apply in the following instances:
1.
The division of any parcel or tract
of land when the smallest parcel created is greater than forty (40)
acres;
2.
An adjustment in the boundary between
adjoining land (lot line adjustments) if the adjustment does not create
an additional or substandard lot or necessitate new roadway construction
or right-of-way dedication, and provided further that a survey of
the adjustments is recorded with the Recorder of Deeds of Jackson
County;
3.
Land used or taken for street or
railroad right-of-way, a drainage easement or other public utilities
subject to local, State or Federal regulations, where no new street
or easement of access is involved, or for a cemetery;
4.
Any lot, parcel, or tract of land
located within the area governed by this Development Code which was
subdivided, resubdivided or replatted prior to January 21, 1980. However,
any further resubdivision of into units or lots, parcels or tracts
must be done in accordance with this Development Code;
5.
Any transfer by operation of law;
and
6.
Agriculture (limited or general)
uses on site of at least forty (40) acres.
C. Design Criteria And Construction Standards
(Design And Construction Manual) — Adoption, Amendment And Rescission.
1.
Authority To Adopt Standards And
Specifications. The Director of Public Works, hereinafter "Director,"
is hereby authorized to propose, adopt, amend or rescind standards
and specifications regarding the design, construction, and access
to the streets, sidewalks, alleys or other public ways, the storm
water system, the sewerage system of the City, and right-of-way management
standards contained within the City of Blue Springs Design and Construction
Manual.
2.
Procedure For Proposing, Adopting,
Amending, Or Rescinding Standards And Specifications.
a.
No proposed standard or specification promulgated pursuant to the authority of Subsection
(C)(1) above shall be adopted, amended or rescinded unless:
(1) Notice of a proposed
adoption, amendment or rescission of any specification or standard
is posted in the office of the City Clerk along with three (3) copies
of the entire proposed specification or standard or rescission and
an explanation of the proposed adoption, rescission or the change
to an existing specification or standard. Such notice shall include
a statement that any person may file a statement in support of or
in opposition to the proposed adoption, amendment or rescission with
the Director of Public Works within thirty (30) days of filing with
the office of the City Clerk.
(2) Notice of the proposed
adoption, amendment or rescission shall be published twice in a newspaper
of general circulation in the City. Publication shall be on the same
day of the week and on two (2) consecutive weeks. Such notice shall
include:
(a) An explanation of the
proposed adoption, amendment or rescission;
(b) A notice that any person
may file a statement in support of or in opposition to the proposed
adoption, amendment or rescission with the director within thirty
(30) days of date of first publication of such notice; and
(c) A notice that copies
of the text of the proposed adoption, amendment or rescission are
on file in the office of the City Clerk for public review.
(3) Within fifteen (15)
days following the end of the public comment period the Director shall
file findings and explanations that discuss any public comments received
with the City Clerk along with any amendments to the original proposed
adoption, amendment or rescission. Any such findings, explanations
and amendments shall be forwarded to each person having made comment
on the original adoption, amendment or rescission. In the event that
the Director fails to file the findings, explanations and any desired
amendments within the required fifteen-day period, the proposed adoption,
amendment or rescission shall be deemed abandoned.
(4) Within ten (10) days
after filing findings, explanations, and any amendments to the original
proposed adoption, amendment or rescission, the director shall issue
and file with the office of the City Clerk a final order of adoption,
amendment or rescission which shall include a complete copy of the
final text of the adoption, amendment or rescission order. The final
order of adoption, amendment or rescission shall become final ten
(10) days after filing with the office of the City Clerk.
(5) In the event that the Director has received no comment at the end of the public comment period described in Subsection
(C)(2)(a)(2) above, the Director shall within ten (10) days issue and file with the City Clerk a final order of adoption, amendment or rescission which shall include a complete copy of the final text of the order of adoption, amendment or rescission. This final order shall become final ten (10) days after filing with the office of the City Clerk.
b.
The procedure for adopting, amending or rescinding any standard or specification promulgated under the provisions of this Section shall be the same as the procedure for adopting a new standard or specification as described in Subsection
(C)(2)(a)(2) above.
c.
The Director is hereby authorized
to issue changes regarding standards and specifications contained
within the Design and Construction Manual on an emergency basis if,
in the opinion of the Director, the adoption of such a change is necessary
to protect the health, safety, and welfare of the citizens of Blue
Springs. Such emergency changes shall be effective only during the
interim period between the initiation of the formal adoption, amendment
or rescission process above and the adoption of the final adoption,
amendment or rescission, provided that:
(1) No such change shall
be effective for longer than ninety (90) days except that any emergency
change may be extend for one (1) thirty-day period; and
(2) Such emergency change
shall state in clear and specific terms the facts and reasons constituting
the emergency and the danger to the health, safety, and welfare of
the citizenry.
3.
Council Authority To Amend Or Rescind. The Council of the City of Blue Springs, Missouri, may, by ordinance, amend or rescind any standard or specification adopted pursuant to Subsection
(C)(2) above.
4.
Appeal.
a.
Any person aggrieved of any decision of the Director or by the application of any adoption, amendment or rescission promulgated pursuant to Subsection
(C)(2) above shall first file a request for reconsideration with the Director within thirty (30) days of the date such person becomes aware of the application of the standard or specification or within thirty (30) days of the decision of the Director. Such request shall state what relief is desired. The Director shall issue a decision within fifteen (15) business days from the receipt of the reconsideration request. Such decision shall be mailed first-class, return receipt requested to the address provided by the person aggrieved.
b.
Any person remaining aggrieved after
receipt of the Director's decision may make an application for review
to the City Administrator upon the same basis as the request was made
to the Director.
c.
Any person aggrieved of any decision
of the Director after review of the City Administrator may appeal
to a court of competent jurisdiction as provided by law.
5.
Fees. Fees for permits issued pursuant
to this Chapter are established as forty dollars ($40.00).
6.
Penalty.
[Ord. No. 4637 § 7, 12-19-2016]
a.
No person shall knowingly violate any standard, specification or order adopted or issued by the Director pursuant to Subsection
(C)(2) above.
b.
Any person pleading guilty or having been found guilty of violating Subsection
(C)(6)(a) above shall be subject to a fine not to exceed the amount set out in Section
100.080(C).
c.
Each day a violation of Subsection
(C)(6)(a) continues shall constitute a separate violation.
[R.O. 1996 § 406.020; Ord. No. 4558 § 1, 8-3-2015]
A. Intent. It is the intent of this Section
to:
1.
Prioritize planning street networks
and designing street types as an important part of the civic infrastructure
of the community.
2.
Recognize rights-of-way as the most
prominent part of the public realm and the design of streets as a
key determinant of community character.
3.
Value the design, function, appropriate
application of different types of streets in creating places and supporting
development, rather than solely moving cars.
4.
Provide for efficient and safe movement
of all potential users of the streets, including pedestrians, bicycles,
automobiles, and trucks or transit.
5.
Plan street networks that allow the
design of streets to transition along their length to best support
anticipated and adjacent land uses, building types and development
patterns.
6.
Improve access to places, blocks
and lots with multiple connections by different routes and different
modes of transportation.
7.
Implement the City's Comprehensive
Plan, and specifically the Transportation Plan and Livable Streets
Policy with balanced designs, so the interests of a single mode of
transportation do not unnecessarily compromise other modes of transportation.
8.
Ensure the proper arrangement of
blocks and lots within the structure of the transportation network
and civic space systems.
9.
Create buildable lots based on required
zoning and setback standards, topography and other context.
10.
Layout a pattern of lots and blocks
that considers the proper function for drainage, topography, lot access,
and efficient utility service.
B. Network Layout.
1.
Generally. Arterial, collector and local streets shall generally be laid out according to the policies of the Comprehensive Plan and Major Street Plan, Chapter
360, and specifically any specific plans created under the guidance of those plans. Network specific design details are provided in the Public Works Design and Construction Manual.
2.
External Connections. Streets shall
provide for the continuation of streets in adjacent subdivisions and
to future growth areas at intervals that meet these standards, unless
such continuation is considered unnecessary by the City Council based
on generally accepted sound planning principles applied to that particular
context. Where street connections to adjacent areas are to be provided
for future use of those areas, they shall be constructed to the subdivision
boundary or to a point as close as practicable to said boundaries
and terminated with a barrier meeting MUTCD requirements.
3.
Off-Sets. Slight jogs in continuous
streets at points of intersection with other streets shall not be
permitted unless due to topography. Where offsets cannot be avoided,
a minimum distance of one hundred twenty-five (125) feet shall be
established between center lines of the intersecting streets.
4.
Marginal Access Streets. Where marginal
access streets are required, the owner shall be responsible for improving
said marginal access streets according to City standards and shall
dedicate, after construction, such streets and rights-of-way to the
City of Blue Springs. A landscaped strip at least twenty (20) feet
wide shall be provided between a marginal access street and the adjacent
street. If such strip is dedicated to the City and accepted, the City
shall be responsible for maintenance thereof. If it is not dedicated
and accepted by the City, the POA shall be responsible for maintenance of same.
5.
Special Treatment Along Major Streets. When a subdivision abuts or contains an existing or proposed arterial or collector street, the City Council, upon the recommendation of the Planning Commission, may require marginal access streets, reverse frontage with a non-access reservation containing the landscape buffer required by Section
407.040(D) along the rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to retain the traffic carrying capacity of the major street system. All such improvements shall be subject to the approval of the Director of Public Works and the City Council.
6.
Details for the following list of items are covered in the Public
Works Design and Construction Manual and design and construction shall
meet or exceed the standards and requirements contained in such manual:
b. Terminus of roads other than culs-de-sac.
g. Special treatment along major streets.
C. Block Arrangement.
1.
Generally. All blocks shall be arranged to have two tiers of lots, each fronting on a public street. Double-frontage lots are generally prohibited, except that blocks platted along intervening natural features or parts of the civic space systems, regional transportation routes or limited access roads may have lots that back to these features provided there is an adequate buffer provided according to Section
407.040(D). Residential lots shall generally not front on a Standard Arterial or Standard Collector street types.
2.
Blocks And Connectivity. Streets
shall be laid out to provide a network of blocks and streets based
on the context and development pattern. Table 407.020-1 establishes
the basic block structure for different place types in the Comprehensive
Plan:
Table 406.020-1: Block
Arrangement
|
---|
|
Neighborhoods (Low
Density)
|
Neighborhoods (Mixed,
Moderate, Or High Density)
|
Neighborhood Centers,
Gathering Places, Business Hubs, And Downtown
|
Distinct Destinations
|
Corridor Reinvestment,
Future Growth
|
---|
Block
Length
|
500 feet minimum
1,320 feet maximum
|
300 feet minimum
800 feet maximum
|
250 feet minimum
600 feet maximum
|
250 feet minimum
1000 feet maximum
|
Dependent on specific context
and development plans
|
Area
|
5 to 10 acres
|
3.5 to 7 acres
|
2 to 5 acres
|
2 to 8 acres
|
Dependent on specific context
and development plans
|
3.
Exceptions. The following are exceptions
to the block and connectivity standards:
a.
Natural Features And Civic Spaces.
Blocks or parcels abutting or containing important natural features,
topographical constraints or otherwise creating parts of the civic
space system may be larger, provided the proposed street layout preserves
these features and integrates them into the overall structure of the
community.
b.
Regional Transportation Routes. Blocks
or parcels abutting intervening regional transportation routes such
as highways or rail rights-of-way may be larger, provided that street
layouts and development patterns achieve local connectivity in all
other ways possible.
c.
Rural Parcels. Tracts divided into
larger or rural lots may be more than ten (10) acres, provided development
is arranged to allow future streets in compliance with these regulations,
and a logical pattern of resubdivision can occur with minimal disruption
of buildings, utilities, and other structures.
d.
Oversized Parcels. Where oversized
parcels are platted for special land uses or development projects
that involve large-scale buildings and patterns, such as campuses,
large-scale commercial areas, platted blocks may be larger, provided
internal access streets mimic the block structure and urban design
amenity of these standards, and create logical extensions and connectivity
to the public streetscapes.
D. Street Design.
1.
Design Types. Streets shall be designed
to reinforce the character of the area and anticipated development
pattern and land use based upon the place types of the Comprehensive
Plan. Each functional classification may use the following street
types so that urban design features and cross sections better support
the development context and character of the area. Standards and guidelines
for rights-of-way widths, cross-section designs and application of
street types are found in the Public Works Design and Construction
Manual and the design and construction shall meet the standards set
out therein.
Table 407.020-2: Functional
Class/Design Types
|
---|
Functional Class
Design
|
Natural (NT)
|
Standard (S)
|
Activity (A)
|
Neighborhood (NH)
|
---|
Arterial (A)
|
|
|
|
|
Collector (C) (minor or major)
|
|
|
|
|
Local (L)
|
|
|
|
|
Neighborhood Street. The Neighborhood street design type is appropriate where an improve
neighborhood design amenity, increased walkability, or a more compact
and mixed-density residential pattern is desired. It is characterized
by large street trees, sidewalks, narrow lanes, occasional on-street
parking and slow vehicle speeds.
|
Natural Street. The
Natural street design type is appropriate for areas where any natural
features exist and are emphasized as an urban design amenity, and
particularly to implement the Image Streets or LINC System on the
City Image Framework of the Comprehensive Plan. It is characterized
by narrower roadways with slow to moderate speeds and larger, informal
and natural landscape edges.
|
Activity Street. The
activity street design type is appropriate for areas where a high
degree of pedestrian activity is desired and particularly to implement
the Pedestrian Priority Areas in the Connections Framework of the
Comprehensive Plan. It is characterized by narrow lanes, slow speeds,
on-street parking, and a large, well designed pedestrian amenity zone
to support businesses and economic activity along these blocks.
|
2.
Street Dimensions. In creating specific
street sections for platting streets, the following specifications
and guidance shall be used:
a.
The Public Works Design and Construction
Manual Street Types.
b.
The Comprehensive Plan Street Types,
and any application of those types through specific plans.
c.
The City of Blue Springs Livable
Streets Policy and Livable Street Design Guide in the Comprehensive
Plan.
d.
National Association of City Transportation
Officials Street Design Guide.
e.
Institute for Transportation Engineers,
Designing Walkable Urban Thoroughfares: A Context Sensitive Approach.
f.
Kansas City Metropolitan Chapter
of the American Public Works Association Standard Specifications and
Design Criteria, Section 5200.
3.
General Street Planning Standards.
a.
Streets. All streets shall be designed
to provide adequate facilities for surface drainage. Drainage facilities
shall comply with the provisions of the Public Works Design and Construction
Manual and the design and construction shall meet the standards and
requirements set out therein.
b.
Half-Street Improvements. Half-street
improvements are required when a subdivision abuts an existing street
and where unusual circumstances make them essential to the reasonable
development of a tract in conformance with this Chapter.
c.
Decorative Islands.
(1)
Decorative islands, when specifically approved by the City Council,
islands to be used for landscaping, statuary or other decorative purposes
may be constructed by an owner in the center of a cul-de-sac or other
roadway pavement section. Decorative islands shall not be approved
if it is possible that their installation would in any way impede
traffic or create unsafe conditions, as determined by the Director
of Public Works.
(2)
If decorative islands are approved, the owner shall, as a condition
of such approval, assign full responsibility for maintenance of such
islands to the Property Owners' Association created by the owner for
the subdivision. Provisions of the Property Owners' Association articles
of agreement related to such maintenance shall be reviewed and approved
by the City Council before approval of the final plat.
d.
Private Streets: Private streets
are generally unacceptable in subdivisions in which any of the streets
are dedicated to the public. Exceptions will be considered in commercial
and industrial subdivisions, mobile home parks and planned unit developments
if:
(1) They are constructed
to standards of the City of Blue Springs Design and Construction Manual;
(2) A Property Owners' Association
shall be formed to maintain any private street with covenants in place
to assure that the City may tax bill or place a lien on all lots if
it becomes necessary to enter and repair or maintain such private
streets in a sufficient condition to allow utility, City-owned and
emergency vehicles to enter and navigate safely;
(3) A covenant is placed
on all lots that requires a notice in any and all sales contracts
of any lot or portion thereof or other interest in real estate other
than a lease that the property owners are responsible for the maintenance
of the streets in the subdivision; and
(4) An ingress egress easement
is deeded to the City to allow for entry for utility providers, code
enforcement officials, emergency responders, ambulance, police and
fire purposes.
e.
Street Names And Signs. Street names
shall not duplicate names of any existing street in Blue Springs and
adjacent communities except where a new street is a continuation of
an existing street. Street names that are spelled differently but
sound the same shall be avoided. Generally no street should change
direction by more than ninety degrees (90°) without a change in
street name. The street name pattern previously adopted by Blue Springs
shall be continued except as approved by the Community Development
Director. Reflective street signs, meeting the requirements of the
MUTCD. Reflective street signs, approved by the Director of Public
Works, will be provided and installed by the City at all street intersections
at the owner's expense.
f.
Abutting Streets.
(1) Arterials/Thoroughfare.
Where a subdivision or development borders an existing or proposed
arterial street, but does not utilize the arterial street for direct
access to individual lots, the subdivider or owner shall be required
to provide sufficient right-of-way for its future widening or construction.
Where a development proposes to access
one (1) or more individual lots from an arterial which it borders,
the subdivider or owner shall be responsible for any additional improvements
as deemed necessary to maintain the present level of service and provide
for the safe and efficient movement of traffic.
(2) Non-Arterials. Where
a subdivision or development borders an existing or proposed road,
other than an arterial, or where there are plans to realign or widen
a road that would require use of some of the land in a subdivision,
the applicant shall be required to dedicate the additional right-of-way
required to widen or realign such roads. The applicant shall also
be required to construct the equivalent of one-half (1/2) of a local
street and appurtenances. In lieu of the construction required above,
the City Council may at a minimum require the applicant to deposit
in escrow an equivalent amount of cash.
g.
Design For Persons With Disabilities.
Access ramps for disabled persons shall be installed whenever new
curbing or sidewalks are constructed or reconstructed in the City
of Blue Springs. New sidewalk ramps shall comply with the requirements
of the Americans with Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) standards and be subject to review and approval by the Director of Public Works. These standards shall apply to any City street or connecting street for which curbs and sidewalks are required by this Chapter or on which curb and sidewalk have been prescribed by the City Council. Sidewalk layout plans for all public and private access ways, and for all internal access and circulation requirements of Section
407.020 shall be prepared by a professional engineer and submitted with construction plan to demonstrate compliance with all applicable ADA requirements. The intent of the sidewalk layout plan is to ensure the grading for sites/lots integrates with the sidewalk, enough right of way is reserved to facilitate construction meeting ADA standards, pedestrian facilities on and along sidewalks are accessible, ADA compliant cross slopes are carried across proposed streets, driveways, and entrances, and fixed objects do not protrude into pedestrian travel routes. Items to include in this plan are:
(2) Sidewalk running slope
and cross slope.
(3) Slopes adjacent to the
sidewalk.
(4) Curb ramp width, length,
slope, and associated elevation callouts.
(5) Detectable warning tile
locations.
(6) Gutter to curb ramp
transitions, slope, and elevations.
(7) Location, dimension,
slopes, and elevations of level landing pads.
(8) Right of way requirements
at intersections and ramps allowing for construction of curb ramps
and/or pedestrian traffic signal components.
(9) Pedestrian facility
locations including traffic signal actuating buttons and other pedestrian
elements.
(10) Temporary facilities
provided for existing public sidewalks that are blocked during construction.
h.
Streetlighting. All new subdivisions
require street improvements shall provide a metal poles and a metal
cobra head type light as defined in the City of Blue Springs Design
and Construction Manual.
E. Lot Arrangement.
1.
Generally. All lots that result in
buildable lots shall consider the following:
a.
Zoning district requirements for
the existing or proposed zoning district.
b.
Access standards and limitations
based on the specific street type at the lot frontage.
c.
Easements required to provide all
services to the lot.
d.
Topography or other natural features
or constraints of the specific property.
2.
Lot Lines. Side lot lines shall be
generally perpendicular to the right of way lines or radial to curved
streets. Following completion of streets in a development, a recognizable
mark, acceptable to the Director of Public Works, shall be cut in
the back face of curbing to show the intersection point of all side
lot lines extended to said streets. Such marks shall be in evidence
when the street is inspected for final acceptance by the City.
3.
Lot Access. Lot access shall be limited
by the specific street type, and the access guidance provided for
each street. Access for any street may be further modified by any
specific access management study. Where access is limited by these
standards and guidelines, alternative access through shared drives,
internal access lanes, or alleys shall be considered.
4.
Corner Visibility. On corner lots,
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to materially impede vision between a height of two (2)
feet and eight (8) feet above the curb grade within the triangular
area formed by an imaginary line that follows the street pavement
edges and a line connecting them twenty-five (25) feet from the point
of intersection. This sight triangle standard may be increased, by
the City Engineer, when deemed necessary for traffic safety.
[Ord. No. 4625 § 8, 11-21-2016]
F. Street Construction Specifications.
1.
Approval Of Grades. Final calculated
street profiles will be required in submittal of construction plans
required after approval of the Preliminary Plat.
2. Details for the following list of items are covered in the Public
Works Design and Construction Manual and the design and construction
shall meet the standards and requirements set out therein:
a. Maximum and minimum grades.
b. Compaction requirements for cut and fill areas.
d. Sewer and water work before base construction.
e. Sidewalk design and construction.
f. Asphaltic concrete streets.
3.
Exceptions For Existing Improvements.
a.
Where the proposed subdivision is
a resubdivision or concerns an area presently having any or all required
improvements as previously set out, and where such improvements meet
the requirements of this Chapter and are in good condition as determined
by the City Council upon its consideration of the opinion of the Director
of Public Works, no further provision need be made by the subdivider
or owner to duplicate such improvements. However, where such existing
improvements do not meet said requirements as determined by the City
Council upon its consideration of the opinion of the Director of Public
Works, the subdivider or owner shall provide for the repair, correction,
or replacement of such improvements so that all final improvements
will then meet or exceed said requirements as determined by the City
Council upon its consideration of the opinion of the Director of Public
Works.
b.
Where the proposed subdivision is
a resubdivision or concerns an area presently abutting or continuing
any existing public street of less than the minimum required right-of-way
width or roadway width, land shall be dedicated so as to provide a
minimum street right-of-way width established by this Development
Code or by the policy of the City Council; and the subdivider or owner
of such proposed subdivision shall provide additional roadway pavement
meeting the minimum standards set by this Development Code and the
City Council. The City Council shall determine what adjustment to
make where the aforesaid widening merges with existing streets which
are of smaller width at the boundary of such proposed subdivision.
The City Council may reduce the minimum roadway system in the proposed
subdivision if the extension of such roadway is already improved at
each end of such roadway in the subdivision and the roadway in the
proposed subdivision is two (2) blocks or less in length.
[R.O. 1996 § 406.030; Ord. No. 4558 § 1, 8-3-2015]
A. Intent. The intent of this Section is to:
1.
Establish a system of open spaces
as an important part of the civic infrastructure of the community.
2.
Value the design, function, appropriate
application of different types of open space, rather than solely the
quantity of space.
3.
Recognize open space, whether public,
common or private, as a key determinant of community character.
4.
Develop a greater perceived impact
from open space by coordinating the design and location of open spaces
throughout development and across multiple development projects.
5.
Consider the context and multiple
functions that open spaces can serve to support development, including
ecological, recreation, aesthetic and urban design functions.
6.
Create focal points for the community,
neighborhood, district, or development site to which private development
and site plans should respond to.
7.
Integrate natural systems into the
design of common or public open spaces.
8.
Preserve buffers along stream corridors.
B. Applicability.
1.
Generally. These standards apply
to all divisions of land involving more than five (5) acres. All platted
lots shall have access to one or more of the open space types in this
Section, within the specified service area.
2.
Exceptions. Any lot platted within
the service area for any of the open space system types below does
not require any new civic spaces, provided:
b.
It is private or common and the property
owner has a right to access this property through easements, covenants
or other formal documentation of the entity with ownership and control
of the civic space.
3.
The open space requirement is in
addition to any landscape, setback, buffer or frontage type requirement,
however effective site design can allow areas to meet multiple standards.
C. Open Space Types. Open space systems shall
be designed based on the planning context. The following tables indicate
the types of open spaces that are eligible for each particular area
based on the place types in the Comprehensive Plan. Standards and specifications for each open space type are provided in Subsection
(E).
D. Requirements.
1.
Amount. The amount of space required
shall be based on the base zoning district(s) proposed or existing
for the project and based on the table below.
Table 406.030-2: Open Space
Systems — Amount
|
---|
RE
|
N/A
|
SF-12, SF-7, N-L
|
10%
|
TF, MF-10, MF-14, MF-18, N-O
|
15%
|
NB, SO
|
8%
|
GB, RC
|
12%
|
LI, HI
|
N/A
|
APD-O
|
15%, unless modified by development
plan that equally or better meets the intent of the open space system
standard and the APD-O District
|
PR-O
|
15%, unless modified by development
plan that equally or better meets the intent of the open space system
standard and the PR-O District
|
2.
Location Criteria. The following
location criteria shall be used in determining the most appropriate
locations and characteristics of land to be designated as required
open space systems.
a.
Priority should be given to areas
that provided the most visible impact.
(1) Formal open spaces (pocket
parks, greens, squares, or plazas) should be located at prominent
focal points within a subdivision or development site, and included
in or designed as an effective extension of the public rights-of-way,
or other common areas.
(2) Natural open space (preserves,
parks and greenways, trails, or large parks) should be located along
prominent ridges, valleys and view corridors or areas where other
natural features such as significant vegetation or water features
exist. See the Public Works Design and Construction Manual Section
5600 for stream buffer requirements.
b.
Open spaces should be located to
provide the greatest connectivity of open space systems with adjacent
and future development sites.
(1) Formal open space should
be located according to an overall urban design theme for the area,
considering where planned future transportation systems, block patterns,
and key building and site entrances will be located for the site and
for adjacent areas.
(2) Natural open space should
be located in areas that have the greatest potential for future expansion
and connectivity to land areas with similar physical features and
ecological characteristics on adjacent sites.
c.
Open space shall be located in areas
that maximize its functional characteristics.
(1) Formal open space shall
be centered in areas that will have the greatest population density
or development intensity in order to provide the greatest pedestrian
accessibility possible.
(2) Natural open space shall
be located in areas where the ecological, aesthetic, and recreational
impact will be the greatest.
3.
Reductions Of Open Space Requirements. The amounts required in Subsection
(D)(1) above may be reduced:
a.
Based on a plan through the planned
development process that meets or exceeds the intent of this Section;
b.
To the point where any lesser percentage of open space will clearly meet both the service area and level of service targets identified in Subsection
(E) below; or
c.
Any application that dedicates open
space to the public in a type, location and design standard that is
acceptable to meet general public needs.
E. Design Standards. Open space systems shall
be designed according the specific type, and the standards below for
each different type.
Preserve
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The size, location, and design of
a preserve shall be dependent on the planning context, the presence
of natural amenities and ecological functions worthy of protection,
and the ability of the designated area to provide significant continuity
with nearby natural features. However in general these areas should
provide the opportunity of at least 10 acres of contiguous preserved
area; and ideally up to 50 or more acres.
Service Area
N/A
Level Of Service
10 acres per 1,000 people
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Design Elements
Preserves include any area of existing
or restored natural areas such as riparian corridors, flood hazard
areas, unique geological formations, important habitats, significant
plant types or substantial groupings of important plant types, wetlands,
etc. The goal is to protect the edges to maximize intact areas that
provide valuable ecosystem services for development, support preservation
goals or enhance the aesthetics and amenities of the area. Location
and design should be based on the guidance of Appendix A3 of the Comprehensive
Plan, Natural Resources and Open Space Policy Map, and areas capable
of expansion through further adjacent preservation efforts may be
viewed more favorable.
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Park Or Greenway
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Size
2-5 acres (neighborhood)
5-10 acres (community)
Service Area
1/4 mile (neighborhood)
1/2 mile (community)
Level Of Service
10 acres per 1,000 people
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Design Elements
Parks shall generally be at least
300 feet wide in all directions, except that linear natural features
("greenway") may be designed as a park with portions as narrow as
40 feet, provided it has significant continuity between the natural
area and other open space features and preserve significant aesthetic
and ecological functions.
One large shade tree for every 40
feet of street frontage, plus 3 large shade trees per acre; 5 small
shade trees or ornamental trees per acre. Between 30% and 70% of the
area should be allocated to structured recreation such as ball fields,
playgrounds or sport courts. The remainder of the area should be allocated
to ground cover, treed areas, garden, lawns or other landscape amenity.
Greenways should include a trail
of 8 feet to 12 feet wide may be included to provide connections along
bicycle or pedestrian routes and destinations.
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Pocket Park
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Size
1/4 to 2 acres
Service Area
All blocks within 1,320 feet walking
distance
Level Of Service
10 acres per 1,000 people
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Design Elements
Pocket parks shall generally be at
least 50 feet wide in all directions.
One large shade tree for every 40
feet of street frontage, plus 1 large shade tree per acre; 3 small
shade trees or ornamental trees per acre. Between 30% and 70% of the
area should be constructed recreation surfaces such as playgrounds
or sport courts. The remainder of the area should be allocated to
ground cover, treed areas, garden, lawns or other landscape amenity.
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Trail
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Size
20 feet minimum width; Trails shall
be located to provide continuity through the area, with existing or
likely connections to other supporting facilities and the ability
to link important destinations for those on foot or on bicycle.
Service Area
1/8 mile
Level Of Service
10 acres per 1,000 people
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Design Elements
Trails should include a paved or
otherwise dust free stabilized surface at least 8 feet minimum width;
10 feet minimum if shared bike/pedestrian trail.
The landscape buffer on each side
of the trail should be at least 6 feet minimum.
One large shade tree for every 100
feet of trail length; 2 small shade trees or ornamental trees for
every 100 feet of trail length.
Trails located along rights-of-way
may be designed in conjunction with the overall cross-section design
of the right-of-way to create the optimal multi-modal design for the
street and trail.
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Green
|
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Size
2 to 3 acres
Service Area
2,000 feet
Level Of Service
5% to 10% of non-right-of-way land
area; or
1 to 2 acres per 1,000 people
|
|
Design Elements
Green shall be at least 250 feet
wide in all directions and should generally have width: depth proportion
between 2:1 and 1:2.
Greens should have a public street
along at least 2 sides; streets should be designed for multi-modal
transportation with direct pedestrian access to the street.
Buildings fronting on the green should
be designed with frequent entrances and outdoor seating areas to activate
the space.
One large shade tree for every 25
feet of street frontage; and one small shade tree or ornamental tree
for every 2,000 square feet.
At least 20% of the area shall be
designed for formal gathering such as seating areas and other areas
of concentrated amenity that serve as a focal point of the green.
At least 50% of the area shall be
allocated to ground cover, treed areas or other landscape amenity.
|
Square
|
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Size
1 to 2 acres
Service Area
1,000 feet
Level Of Service
5% to 10% of non-right-of-way land
area; or
1 to 2 acres per 1,000 people
|
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Design Elements
Squares shall be at least 150 feet
wide in all directions, and should generally have width: depth proportion
between 2:1 and 1:2.
Squares should have a public street
along all sides and be designed as a focal point for abutting blocks;
streets should be designed for multi-modal transportation with direct
pedestrian access to the street.
One large shade tree for every 40
feet of street frontage; and one small shade tree or ornamental tree
for every 2,000 square feet.
At least 50% of the area shall be
designed for formal gathering such as seating areas and other concentrated
amenity.
At least 25% of the area shall be
allocated to planter beds, seasonal plantings foundation plants, garden,
lawns or other landscape amenity.
|
Plaza
|
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Size
1/8 to 1 acre
Service Area
On block or immediately abutting
blocks
Level Of Service
5% to 10% of non-right-of-way land
area; or
1/2 to 1 acre per 1,000 people
|
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Design Elements
Plazas shall be at least 60 feet
wide in all directions, and should generally have width: depth proportion
between 2:1 and 1:2.
Plazas should have a public street
along at least 2 sides; streets should be designed for multi-modal
transportation with direct pedestrian access to the street.
Plazas should include seating, art,
formal landscape and other amenities and ornamentation as a focal
point for gathering places.
Buildings fronting on the plaza should
be designed as street front buildings with frequent windows and entrances
to activate the space.
One large shade tree for every 40
feet of street frontage; and one small shade tree or ornamental tree
for every 2,000 square feet.
At least 10% of the area shall be
allocated to planter beds, seasonal plantings or foundation plants.
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Community Garden
|
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Size
1/8 to 3 acres
Service Area
1,000 feet
Level Of Service
5% to 10% of non-right-of-way land
area; or
1/2 to 1 acre per 1,000 people
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Design Elements
Community Gardens shall be at least
25 feet wide in all directions.
Community gardens should have public
access along the streetscape of at least 25.
Community gardens should be organized
and run by a property management association, non-profit organization
or public entity, and be open to people within a defined safe area.
Community gardens should be used
for crops only and managed through practices that create no adverse
effects on the adjacent property, including odors, pests, and maintenance
activity.
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F. Ownership And Management.
1. Required open space shall require specific designation on the final
plat, including the ownership and management disposition and a no-build
easement across such open space which may not be released without
written consent of the City Council. Options for ownership and management
of preserved area include:
a.
Creation of or dedication to a non-profit
entity capable of carrying out the ownership and management.
b.
Creation of a Homeowners' and/or
Leaseholders' Association capable of carrying out the ownership and
management.
c.
Private ownership, provided the open
space is platted as part of a defined lot in the subdivision, and
includes covenants and other restrictions that will maintain the area
as private open space.
2. All open space shall require documentation that demonstrates the
ongoing maintenance and management of the space, including the administrative
and financial means to provide maintenance and management and a no-build
easement dedicated for use by the residents of the development or
the public which may not be released without the written consent of
the City Council. This documentation shall be included as part of
the final plat application and recorded with the approved final plat.
Dedication to the City or other public entity subject to acceptance
by and at the sole discretion of the City or other public entity satisfies
this requirement.
[R.O. 1996 § 406.040; Ord. No. 4558 § 1, 8-3-2015]
Sanitary sewer and water supply facilities
shall be designed and located according to specifications and procedural
requirements of the City of Blue Springs Design and Construction Manual
and with requirements of the Missouri Department of Natural Resources,
Missouri Department of Health, and Missouri Clean Water Commission.
This document is hereby made a part of this Chapter as though expressly
rewritten and incorporated herein.
[R.O. 1996 § 406.050; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4723, 3-19-2018]
A. General Standards.
1.
In the planning and design of stormwater management systems
in the City of Blue Springs, the design criteria set forth in the
latest edition of the Blue Springs, Missouri, Design and Construction
Manual shall be used. This document is hereby referenced and made
a part of this Chapter as though expressly incorporated herein.
2.
It is the policy of the City to encourage the owner to locate
and design streets, blocks, lots, parks and open space in such a manner
as to reduce the velocity of overland flow, allow the maximum opportunity
for infiltration of stormwater into the ground, and to preserve existing
streams, channels, detention basins and floodplain areas as open space.
3.
Where the stormwater management plan, as approved by the Director
of Public Works, indicates that the proposed development will aggravate
downstream drainage or flooding problems, provisions shall be included
in the design of storm drainage improvements for the temporary controlled
detention of stormwater runoff and its regulated discharge to the
downstream storm drainage system. If stormwater detention is required,
the criteria and policies set forth in the following Subsections shall
be applied in the design and development of the final stormwater management
plan for the proposed project.
B. Floodplains. When the proposed development abuts, includes, or encompasses
a portion of a floodplain, as defined herein, the professional engineer
preparing the stormwater management plan shall review and in all ways
comply with requirements of other City ordinances regarding construction
of buildings and other development in the floodplain areas of the
City. The engineer shall also consult the flood insurance study as
previously prepared for the City by the Federal Insurance Administration.
Any modification to the floodplain shall be submitted to the Federal
Emergency Management Agency (FEMA) for a revision to the National
Flood Insurance Program (FIRM) maps. All cost for the map revision
or amendment shall be at the expense of the owner.
C. Initial Construction. The stormwater management system, BMP facilities,
distribution systems for drinking water, streets and the sanitary
sewers for the property shall be constructed by the developer, its
successors and assigns, in accordance with the plans and specifications
(the "plans") approved by the City and in accordance with the Blue
Springs Municipal Code, the Blue Springs Unified Development Code
and all other applicable regulations.
D. On-Site Stormwater Management System And BMP Facilities — Maintenance.
Except as otherwise expressly provided below for the public portion
of the stormwater system, the developer and its successors and assigns,
including the Homeowners' Association, shall at all times adequately
maintain the stormwater management system and the BMP facilities as
approved for the development in the approved plans. The facilities
to be maintained shall include all pipes and channels built to convey
stormwater to the BMP facilities, as well as all structures, improvements
and vegetation provided to control the quantity and quality of the
stormwater. "Adequate maintenance" is herein defined as maintained
in good working condition so that the stormwater management system
and the BMP facilities fully and completely perform and function as
designed and do not adversely affect other elements of the overall
stormwater.
[R.O. 1996 § 406.060; Ord. No. 4558 § 1, 8-3-2015]
A. Public Utility Easements. All public utilities,
including lines for streetlighting systems, which traverse privately
owned property, shall be protected by easements granted by the owner
to the appropriate public utility, and approved by the public utility.
Such easements shall be so located to minimize interference with the
use of any lot or other part of the subdivision. All easements shall
be accessible from the public right-of-way. The size of and restrictions
pertaining to such easements shall be in accordance with the standards
and specifications of the agency having jurisdiction over the utility
lines and the subdivision, and shall be indicated on both the preliminary
plat and the final plat submitted for approval.
B. Drainage Easements.
1.
When a subdivision is traversed by
a watercourse, drainage channel or stream there shall be provided
an easement for drainage purposes adequate to convey the runoff from
the 100-year storm.
2.
All drainage streams or channels
shall be of such dimension as is necessary to include the full width
of the drainageway as established by standards of the Kansas City
Metropolitan Chapter of the American Public Works Association. Design
and construct manufactured channels with a level area alongside of
at least ten (10) feet in width to provide access for equipment necessary
for construction, cleaning and maintenance of the drainageway.
3.
Any portion of a subdivision that
falls within Flood Zone A as established by the Flood Insurance Rate
Map shall be identified on the preliminary and final plat and designated
as a drainage easement.
4.
No fence, wall, planting, building
or other obstruction may be placed in a drainage easement without
approval of the Director of Public Works. There shall be no alteration
of the grades or contours within a drainage easement without the approval
of the Director of Public Works.
C. Landscape Easements. Where a non-access reservation is required under this Chapter, a landscape easement shall be shown on the preliminary and final plat. Said landscape easement shall be immediately adjacent to the major street right-of-way and shall be the full width of the landscape buffer required by Chapter
407. The final plat and Property Owners' Association deed restrictions shall contain language as approved by the Director of Community Development which identifies the Property/Homeowners' Association as the entity which shall have permanent responsibility and authority to enter upon said landscape easement to maintain, plant, replant, replace, mow, clip, trim, spray, chemically treat, repair, and otherwise maintain any and all grass, trees, shrubs, flowers, plants, fences and walls. As an alternative, a separate tract of land of at least the same width required for the landscape buffer and subject to the same language outlined above may be utilized instead of the landscape easement. No solid fence or wall may be located within the separate tract or landscape easement. Wrought iron, split rail or other see-through fences may be located within the separate tract or landscape easement. Such fences must be of the same type and style so as to be uniform in appearance along the entire frontage of the subdivision, and may be no closer than five (5) feet from the right-of-way line of the abutting street.
D. Cross-Access Easements. Unless waived by
the City Council, any plat of a non-residential subdivision which
abuts an arterial, major, or minor collector street shall provide
an easement for the purpose of cross access between the lots within
the subdivision and the lots to which the subdivision adjoins. Such
right of access shall be noted on the preliminary and final plat of
the subdivision. Said cross-access easement shall be paved to specifications
required for a residential street and shall be maintained by the owner
of the underlying property. Failure to construct and/or maintain said
paved area shall be unlawful.
E. No-Build Easements. Any plat of a subdivision
shall show upon all open space a no build easement that restricts
the types of structures that may be constructed and maintained within
the open space which shall be dedicated to either the owners of property
within the platted area or the public and which may not be released
except by action of the City Council.
[R.O. 1996 § 406.070; Ord. No. 4558 § 1, 8-3-2015]
A. Since considerable erosion can take place
prior to the construction of houses and other buildings, facilities,
and features in a subdivision, the stormwater management plan and
construction plans for a subdivision shall contain properly designed
measures, as described and required by the City of Blue Springs Design
and Construction Manual, to control erosion and sediment discharge
which would emanate from the subdivision area, especially within all
critical drainage watershed areas (as determined by the Director of
Public Works). The measures shall be incorporated into the final construction
drawings. The measures shall apply to all street and utility installations
as well as to the protection of disturbed land. Measures shall be
instituted to prevent or control erosion and sedimentation during
the various stages of construction of the subdivision. An erosion
control plan must be submitted and approved by the Director of Public
Works prior to starting construction. This plan should include regulatory
mechanisms to control erosion and sediment to the maximum extent practicable
and allowed under State law. In addition to the erosion plan, the
owner must provide documentation to the Director of Public Works'
satisfaction that it has received its NPDES permit from the Missouri
Department of Natural Resources. Failure to comply with erosion control
plan will result in revocation of the construction permit until the
project is brought into compliance.
B. Silting basins or diversion channels will
be required during the construction period to insure that mud and
other debris is not washed into natural watercourses or new or previously
constructed storm sewers. The Director of Public Works may impose
supplemental requirements or may delete requirements regarding sediment
and erosion control measures if the Director of Public Works determines
that additional or revised requirements are justified or that planned
measures will not adequately control erosion during construction.
Each person building any structure upon individual lots shall maintain
erosion control measures. The City's Codes Administration office shall
oversee erosion control measures on individual lots after platting
and the lots are released for construction.
[R.O. 1996 § 406.080; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4723, 3-19-2018]
A. Owners shall form or cause to have formed a Property Owners' Association
or Homeowners' Association ("association") in accordance with the
following standards:
1.
Recordation And Registration. The association shall be established
in recorded subdivision restrictions and duly incorporated before
any lot within the subdivision is sold. The association corporation
shall at all times be in good standing registered with the Office
of the Missouri Secretary of State.
2.
Membership. Membership in the association shall be mandatory
for each owner of real property within the subdivision.
3.
Responsibilities. Common open space, subdivision entrance structures,
or recreational ground must be owned and maintained by the association
in perpetuity. The association shall be responsible for payment of
property taxes on and maintenance of all common open space areas and
facilities, maintenance of liability insurance, and other related
duties of ownership. Upon completion of relevant phase, designated
stormwater conveyance, retention, or detention facilities to be located
on common open space shall be maintained by the association. In the
event of failure to maintain such facilities to the standards required
by the City or set forth in the planned development final plan, or
final plat if no development plan is required, abatement by the City
shall be authorized. Upon completion of the abatement and certification
by the Director of Community Development and/or the Director of Public
Works that the deficiency has been abated, the Director of Community
Development and/or the Director of Public Works shall certify all
costs of such abatement, including enforcement costs and expenses
of staff time incurred in the remediation of the deficiency, to the
City's Director of Finance. The Director of Finance shall cause a
special tax bill therefor or add the costs thereof to the annual real
estate tax bill, at the Finance Director's option, to be assessed
proportionally against all lots and lot owners within the development
in an equal amount per individual lot or lot owner. The amount caused
by the Finance Director to be assessed shall be a lien against all
lots in the development.
4.
Establishment Of Property Owners' Association Or Homeowners'
Association.
a.
The owner shall file a declaration of restrictions and a declaration
of association with the preliminary and final plats when approval
is sought, setting forth the above conditions and other features of
the association which has been approved by the City Attorney. The
owner shall supply to the City Council and the Planning Commission
a copy of the articles of incorporation and a complete set of the
bylaws of the association. Said declaration of restrictions and declaration
of association shall be recorded along with the final plat.
b.
The City Council may require that, in addition to insertion
of covenants or provisions creating easements and provisions for mandatory
membership in the association in all deeds to home buyers, the owner
grant an easement over all common open space to the City to insure
that the area will remain open in perpetuity. Such an easement is
intended to preclude development and preserve common open space; it
may, however, provide (at the option of the association) for public
access to, or use of, common open space.
c.
If a development plan includes construction of a landscaped
decorative entryway, islands, statuary or other aesthetically oriented
theme or identity amenities which are to be located within an easement,
the association shall be specifically charged with the responsibility
for perpetual maintenance of such areas. This shall not apply to landscaping
within the median strip of arterial or major collector streets where
City maintenance is provided.
d.
In the event that an association established to own or maintain
common open space, or any successor association, shall at any time
after development of a residential subdivision fail to maintain the
common open space in reasonable order and condition, the Director
of Community Development and/or the Director of Public Works or their
designee may serve written notice upon such association setting forth
the manner in which the association has failed to maintain the common
open space, and said notice shall include a demand that such deficiencies
of maintenance be corrected within thirty (30) days thereof, and shall
state the date and place of a public hearing thereon which shall be
held within fourteen (14) days of said notice. At such public hearing,
the hearing officer may modify the terms of the original notice as
to the deficiencies and may give an extension of time within which
they shall be corrected. If the deficiencies set forth in the original
notice or in the modification thereof are not corrected within said
thirty (30) days, or any extension thereof, the Director of Community
Development and/or the Director of Public Works, in order to preserve
the taxable values of properties within the residential subdivision
and to prevent the common open space from becoming a public nuisance,
may authorize appropriate City employees or their agents to enter
upon said common open space and maintain the same for a period of
one (1) year at the cost of the owner's property served by the improvement
so maintained. Said entry and maintenance shall not vest in the public
any rights to use the common open space.
e.
Before expiration of said year, the Director of Community Development
and/or the Director of Public Works shall, upon its own initiative
or upon request of the association theretofore responsible for maintenance
of the common open space, call a public hearing upon notice to such
association or to residents of the residential subdivision, at which
public hearing the hearing officer shall decide whether or not such
maintenance by the City should continue for a succeeding year. If
the hearing officer shall determine that the association is ready
and able to maintain the common open space in reasonable condition
and order, the City shall cease to maintain the common open space
at the end of said year. If the hearing officer shall determine that
such association is not ready and able to maintain the common open
space in reasonable condition and order, the hearing officer may,
in the hearing officer's discretion, determine that the City shall
continue to maintain the common open space during the succeeding year
and, subject to a similar public hearing and determination, in each
year thereafter. The cost of such maintenance by the City shall be
assessed proportionally against all properties within the residential
subdivision that have a right of use and enjoyment of the common open
space, and shall become a tax lien on said properties upon certification
of the costs thereof to the City Clerk by the Director of Community
Development and/or the Director of Public Works.
B. Any person who shall violate, fail, neglect or refuse to comply with any provision of this Section shall be subject, upon conviction, to the penalty or penalties provided in Section
100.080 of this Code.
[R.O. 1996 § 406.090; Ord. No. 4558 § 1, 8-3-2015]
Any sites considered to have historical
significance, either by the City, the developer, or Federal agencies,
shall be designated on any plan or plat within which said sites may
be located.
[R.O. 1996 § 406.100; Ord. No. 4558 § 1, 8-3-2015]
Owners may be required to furnish
such financial guarantees as allowed by law, performance bonds, escrow
deposit, or other financial guarantees as may be determined by the
City Council to be reasonably required to assure performance in accordance
with the development plan and to protect the public interest in the
event of abandonment of said plan before completion.
[R.O. 1996 § 406.110; Ord. No. 4558 § 1, 8-3-2015]
An owner may seek approval by filing
an application form approved by the Directors of Public Works and
Community Development, to use different or alternative designs and
materials than those allowed under the UDC and the Public Works Design
and Construction Manual for a public improvement or impervious surface.
The Directors may consider such request and if unanimous in their
determination that: (1) such usage exceeds the requirements and purpose
of the requirement contained within the Manual or the UDC, (2) the
material or design requested is a functional equivalent of the requirement
contained in the Manual or the UDC, and (3) such usage shall advance
or meet a stated goal or policy adopted by the City Council, they
may submit a recommendation to the Planning and Zoning Commission
for consideration of such a request. Should the two (2) directors
fail to both agree that such usage meets the criteria of this Section,
then the applicant shall use the materials and methods set out in
the UDC and the Manual. The Planning and Zoning Commission and Council
shall not consider the request unless the two (2) directors make a
finding together that the usage meets the criteria of this Section.
If the Planning and Zoning Commission approves such request following
referral after the directors' finding, then the applicant may use
such alternative design or material in constructing improvements.
If the Commission denies the request, the applicant may appeal this
denial to the City Council for consideration. The City Council may
approve, modify or deny the request in its total discretion. Should
the request be approved, the design and construction of the improvement
shall meet all the other requirements of the City Codes and be accepted
by the City only upon compliance with procedures for the acceptance
of other improvements.