City of Blue Springs, MO Chapter 406 Subdivision Design and Improvements

Note: All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual Code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City's website.

Section 406.010 General.

[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]

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.

[1] Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.

Section 406.020 Transportation Networks, Blocks, Street Types, Lots.

[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[1] requirements.

[1] Editor's Note: "MUTCD" refers to the Manual on Uniform Traffic Control Devices.

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[2] shall be responsible for maintenance of same.

[2] Editor's Note: "POA" refers to a Property Owner's Association.

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:

a. Cul-de-sac streets.

b. Terminus of roads other than culs-de-sac.

c. Alternate connections.

d. Intersections.

e. Marginal access streets.

f. Other required streets.

g. Special treatment along major streets.

h. Streetlighting.

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)[3] 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:

(1) Sidewalk widths.

(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.

[3] Editor's Note: See 42 U.S.C. § 12101 et seq.

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.

c. Approval of subgrade.

d. Sewer and water work before base construction.

e. Sidewalk design and construction.

f. Asphaltic concrete streets.

g. Storm sewers and inlets.

h. Temporary turnarounds.

i. Streetlights.

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.

Section 406.030 Open Space System.

[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:

a. It is public; or

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.[1] Standards and specifications for each open space type are provided in Subsection (E).

[1] Editor's Note: Table 406.030-1, Open Space Systems Context, is included as an attachment to this Chapter.

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
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
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.

Park Or Greenway
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
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.

Pocket Park
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
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.

Trail
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
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.

Green
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
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
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
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
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.

Community Garden
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
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.

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.

Section 406.040 Sewer And Water Utilities.

[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.

Section 406.050 Drainage System.

[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.

Section 406.060 Easements.

[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.

Section 406.070 Erosion Control.

[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.

Section 406.080 Property Owners' Associations And Homeowners' Associations.

[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.

Section 406.090 Historical Sites.

[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.

Section 406.100 Financial Guarantees.

[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.

Section 406.110 Alternative Design And Materials Usage.

[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.