[Ord. No. 849 § 435.1, 10-16-2007]
A.
The purpose of these regulations is to ensure that land proposed
for development shall be served by public facilities at the levels
of service established by the City, which are adequate to support
and service the area of the proposed development. Land shall not be
approved for development unless and until adequate public facilities
exist or provision has been made for the following essential public
facilities: public safety, water service, wastewater treatment and
disposal, stormwater management, electrical service, telecommunications
service and transportation facilities. Public facilities shall be
provided in a manner that is consistent with the Comprehensive Plan,
these regulations and other standards adopted by the County.
1.
New development shall provide adequate facilities and services
to accommodate demands from proposed development in conformance with
the minimum standards established by the City;
2.
Improvements shall be constructed in conformance with the provisions
of these regulations;
3.
New development shall be timed and phased at a pace that will
ensure the adequate provision of community facilities and services
for proposed and future development;
4.
Each phased development project shall be designed so that the
project is capable of functioning effectively and independently at
completion of each phase;
5.
Adequate roadway facilities shall be provided concurrently with
new development and shall be designed and constructed in conformance
with applicable City standards; and
6.
All required facilities shall be inspected and approved by the
City prior to issuance of a building permit, except sidewalks.
B.
No development shall be approved unless such development has available
adequate public facilities and services at the time that development
approval is applied for, or such public facilities are contained within
a fully funded capital improvement program or plan. Proposed public
improvements shall conform to and be properly related to the City's
Comprehensive Plan and all applicable capital improvements programs
and plans, including the plans for roads, sewer, stormwater management,
fire and water districts, school districts and other emergency service
providers.
C.
The most current edition of the APWA specifications and the MARC
BMP manual for stormwater practices are hereby adopted.
[Ord. No. 849 § 435.2, 10-16-2007]
A.
Such development approvals may be timed and phased where partial
adequate public facilities are available.
B.
Water. All habitable structures and buildable lots shall be connected
to a public or private water system capable of providing water for
health and emergency purposes, including adequate flows for fire protection.
C.
Wastewater. All habitable structures and buildable lots shall be
served by an approved means of wastewater collection and treatment
as required.
D.
Stormwater Management. Drainage improvements shall accommodate potential
runoff from the entire upstream drainage area and shall be designed
to prevent increases in peaks or velocity of downstream flooding.
The City may require the use of control methods such as retention
or detention, and/or the construction of off-site drainage improvements
to mitigate the impacts of the proposed development.
E.
Streets. Proposed streets shall provide a safe, convenient and functional
system for vehicular, pedestrian and bicycle circulation, shall be
properly related to the Comprehensive Plan, and shall be appropriate
for the particular traffic characteristics of each proposed development.
Adequate street capacity and street design and construction shall
be done in conformance with the design standards in these regulations.
New development shall fund the construction of the transportation
facilities needed to meet the demands attributable to the development.
Such roadways shall be provided concurrently with new development.
The subdivider shall provide the grading of the entire street right-of-way,
alley or public place and pave the streets. Dedication of rights-of-way
and other access easements necessary for needed transportation facilities
for current and future phases shall be required of new development.
F.
Extension And Oversized Facilities Policies. All public improvements
and required easements shall be extended through the parcel on which
new development is proposed. Streets, water lines, wastewater systems,
drainage facilities, electric lines and telecommunications lines shall
be constructed through new development to promote the logical extension
of public infrastructure. The City may require the applicant of a
subdivision to extend off-site improvements to reach the subdivision
or to oversize required public facilities to serve anticipated future
development as a condition of map approval. Reimbursements for oversized
facilities shall be provided in a development agreement entered into
between the developer and the City.
G.
Phasing. The City may require the timing and phasing of development
or improvements to maintain adopted levels of service for existing
public services and facilities or for other reasons based upon maintaining
the health, safety and general welfare of the City's inhabitants.
H.
Easements/Rights-of-Way.
1.
Except as otherwise provided in these regulations, an applicant
for a development approval shall ensure that adequate on-site and
off-site easements are provided for future roadways, water, wastewater
and other public utilities.
2.
The property owner shall grant adequate utility easements for
all public and private utilities along rear and side property lines
as recommended by the Zoning Administrator. Utility easements shall
be shown on the plat and dedicated in conjunction with recordation
of the final plat.
3.
All public utility easements shall be at least ten (10) feet
wide. Additional width may be required for unusual topography or for
easements needed for multiple utilities to ensure the proper placement
and maintenance of utility lines.
4.
Except where prohibited by topography, utility easements shall
be located on lot lines in the rights-of-way of streets, or in separate
utility easements. The City may require all easements for drainage
or sewer to be selectively cleared of undergrowth, trees and other
obstructions by the applicant prior to final approval. No buildings
or structures, except as necessary for utilities, shall be permitted
within or on easements.
5.
An applicant shall provide adequate on-site rights-of-way for
anticipated traffic demands in a manner consistent with these regulations,
the Comprehensive Plan and project specific traffic impact analysis
(TIA), if applicable. If a TIA shows that a proposed development creates
the need for additional off-site right-of-way, the applicant may be
required to provide right-of-way proportional to the demand created
prior to development approval.
6.
Where streams and watercourses are located within a subdivision,
the subdivider shall dedicate easements on both sides of the watercourse
to permit proper maintenance by the City.
I.
Construction And Materials. Except as otherwise provided in these
regulations, the construction and material specifications shall comply
with the standards established by the American Public Works Association
(APWA Standards), except as modified by policies and codes adopted
by the Board of Aldermen.
J.
Inspections/Acceptance. The City will inspect public improvements
to ensure that such improvements are constructed to City standards
and specifications. City acceptance of required improvements shall
be required prior to use or occupancy of a development. The cost of
inspection shall be borne by the applicant.
K.
Maintenance. The City shall require performance and payment bonds
or letters of credit and/or maintenance guarantees for any street,
wastewater line or drainage facility as a condition of accepting such
improvement.
[Ord. No. 849 § 435.3, 10-16-2007]
A.
Public Water Supply Unavailable. Where public water is not available,
individual wells may be used to provide water to each and every lot
within the subdivision. The applicant shall demonstrate the availability
of water for domestic use and shall submit samples of the water to
the appropriate County department for its approval. Individual wells
shall be approved by the appropriate health authorities and such approvals
shall be submitted to the Planning and Zoning Commission for approval
prior to final subdivision plat approval.
B.
Public Water Supply Available In The Future. If the Planning and
Zoning Commission requires that a connection to a public water main
be made in the future when the main becomes available, the applicant
shall make arrangements to receive future water service prior to approval
of the final plat. The Planning and Zoning Commission may require
a performance or cash bond to ensure compliance.
[Ord. No. 849 § 435.4, 10-16-2007]
A.
All new subdivisions with lots smaller than one (1) acre shall have
fire hydrants. The applicant shall be required to show the location
of the fire hydrants on the construction plans. The fire hydrants
shall be designed as follows:
1.
Fire hydrants shall be located not more than one thousand (1,000)
feet apart, but shall be located within five hundred (500) feet, as
measured in a straight line, of any structure. The location of the
hydrants shall be approved by the City Engineer.
2.
Fire hydrants and underground water lines shall be installed
prior to final paving of the streets shown on the construction plans.
3.
Fire hydrants shall comply with all provisions of the Fire Code
of the City of Lake Lotawana.
4.
Fire hydrants shall have sufficient water flow and pressure
as determined by the City Engineer, whose determination may be based
on recommendations by the applicable water district and fire district.
[Ord. No. 849 § 435.5, 10-16-2007]
A.
Generally. All habitable structures and buildable lots shall be served
by an approved means of wastewater collection and treatment. Central
wastewater collection and treatment shall be provided when it is required
and upon approval by the City of an appropriate pay-as-you-grow financing
tool that allocates growth-related costs to new users.
B.
Design Standards. All central wastewater systems shall be designed
and constructed to comply with State and American Public Works Associations
(APWA) Standards as modified by these regulations. These design standards
are not intended to cover extraordinary situations. Deviations will
be allowed and may be required in those instances where recommended
by the City Engineer. Sanitary sewer systems shall be designed and
built for the ultimate tributary population. Sewer capacities shall
be adequate to handle the anticipated maximum hourly quantity of sewerage
and industrial waste together with an adequate allowance for infiltration
and other extraneous flow. Design flows shall be subject to approval
of the City Engineer for each particular development.
C.
Off-Site Improvements. The developer of a parcel shall provide off-site
improvements required to adequately serve a proposed development;
provided, however, that the Zoning Administrator may authorize development
to proceed if the service provider certifies that the necessary capital
improvements have been funded for construction within two (2) years
of plat recordation. In no event shall an administrative permit be
granted prior to connection to an approved wastewater system unless
the Board of Aldermen has approved an interim service plan.
D.
Extension/Oversizing. Upon recommendation of the City Engineer and
the Planning and Zoning Commission, the Board of Aldermen may require
that wastewater lines be over-sized to accommodate planned development.
[Ord. No. 849 § 435.6, 10-16-2007]
A.
Generally. All private on-site sewage disposal systems shall be installed,
altered, expanded, repaired or operated according to the requirements
of the County Department of Public Works Environmental Health Division,
State law and regulations.
Note: Also reference Section 700.160 of the City of Lake Lotawana Municipal Code. In the "LR" zoning, the homeowners' association rules require that new residences must be connected to the City sewers.
B.
Permit Required. Any person who desires to install, add to, alter,
expand or repair a private on-site sewage disposal system shall make
a written application on forms provided by the County Department of
Public Works Environmental Health Division. No person shall install,
add to, alter, expand or repair a private waste treatment system without
the approval of the County.
C.
Failure To Comply With Stop Work-Order. Failure to comply with a
stop work order or other lawful order of the County Department of
Public Works Environmental Health Division is a violation of these
regulations.
D.
One Residence Per Individual On-Site System. Only one (1) residence
shall be connected to an individual on-site sewage treatment system,
except that the City Engineer and County Department of Public Works
Environmental Health Division may jointly authorize connection of
additional units upon finding that the system can accommodate all
uses.
E.
When Private Waste Treatment System Constitutes A Public Nuisance.
The location and installation of private waste on-site sewage disposal
systems shall be such that with reasonable maintenance, the private
on-site sewage disposal system will function in a sanitary manner
and will not create a nuisance, health hazard or endanger the safety
of any domestic water supply. Any private on-site sewage disposal
or other waste treatment system installed, added to, altered, expanded
or repaired in violation of this Chapter and the rules and regulations
of the County or State is a threat to the health, safety and welfare
of the County and is a public nuisance.
F.
Private On-Site Sewage Disposal System Standards.
1.
Factors Considered. When reviewing an application for a subdivision
with individual on-site sewage treatment systems, consideration shall
be given to the size and shape of the lots, slope of natural and finished
grade, soil type and classification, depth of groundwater bedrock,
or any limiting layer, proximity of existing or future water supplies
and possible expansion of the system.
2.
Designed To Receive All Sewage. The systems shall be designed
to adequately receive all sewage from the dwelling. Footing or roof
drainage shall not enter any part of the systems.
[Ord. No. 849 § 435.7, 10-16-2007]
A.
Arrangement of major streets in the subdivision shall conform as
nearly as possible to the Comprehensive Plan, and major street plan
as adopted by the City, and provisions shall be made for the extension
of major and secondary thoroughfares. Except for courts and culs-de-sac,
streets normally shall connect with streets already dedicated in adjoining
or adjacent subdivisions, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets
in the nearest subdivided tracts. No development approval shall be
granted where adequate off-site transportation capacity is not available
at time of development approval or contained within a fully funded
capital improvement program or plan.
B.
Minor streets should be so planned as to discourage their use by
non-local traffic. "Places," courts or culs-de-sac will be permitted
where topography or other conditions justify their use and provisions
shall be made for adequate traffic circulation. Culs-de-sac shall
normally not be longer than five hundred (500) feet, including a turnaround
which shall be provided at the closed end, with an outside curb radius
of at least forty (40) feet and a right-of-way radius of not less
than fifty (50) feet.
C.
Where the plat to be submitted includes only part of the tract owned
or intended for development by the subdivider, a tentative plan of
a proposed future street system for the unsubdivided portion shall
be prepared and submitted by the subdivider.
D.
When a tract is subdivided into larger than normal building lots
or parcels, such lots or parcels shall be so arranged as to permit
the continuous location and opening of future streets and appropriate
resubdivision, with provision for adequate utility connections for
such resubdivision.
E.
Under normal conditions, streets shall be laid out so as to intersect
as nearly as possible at right angles, except where topography or
other conditions justify variations. The minimum angle of intersection
of streets generally shall be sixty degrees (60°).
F.
Streets entering the opposite sides of a street shall either be directly
across from each other or offset by at least one hundred (100) feet
from center line to center line.
G.
Whenever the proposed subdivision contains or is adjacent to a railroad
right-of-way or the right-of- way of a limited access freeway, expressway
or major thoroughfare, provision shall be made for a marginal access
street approximately parallel and adjacent to the boundary of such
right-of-way, or for a street at a distance suitable for the appropriate
use of land between such street and the right-of- way. Such distance
shall be determined with due consideration of the minimum distance
required for approach connections to future grade separations, or
for lot depths.
H.
Except where justified by several conditions, such as the continuation
of an existing alley in the same block, alleys will not be approved
in residential districts. Alleys, where provided, shall not be less
than twenty (20) feet wide. Intersecting alleys shall have corner
cutoffs of at least twenty (20) feet on a side. Dead-end alleys shall
be avoided whenever possible, but if unavoidable, such dead-end alleys
may be approved if adequate turnaround facilities are provided at
the closed end.
I.
Dedication of half streets will not be approved except in the public
interest.
J.
For all public ways hereafter dedicated and accepted, the minimum
right-of-way widths for streets, alleys, or pedestrian ways included
in any subdivision shall not be less than the minimum dimensions for
each classification as follows and shall be in accordance with the
master plan for streets:
1.
Primary or arterial streets: minimum right-of-way is sixty (60)
feet.
2.
Collector or secondary streets: minimum right-of-way is sixty
(60) feet.
3.
Residential streets: minimum right-of-way is fifty (50) feet.
4.
Marginal access streets: minimum right-of-way is forty (40)
feet.
5.
Alleys: twenty (20) feet.
K.
Where existing or anticipated traffic on primary and secondary thoroughfares
warrants greater widths of rights-of-way, these shall be required.
A drainage easement, in addition to the provided right-of-way width,
may be required where streets parallel streams or drainage area. The
width of such drainage easements shall be determined by the City Engineer.
Said engineer shall notify the developer and the Chairman of the Planning
and Zoning Commission, in writing, of his/her determination.
L.
Minimum pavement widths of all streets, measured from the back to
back of curb, and for alleys and walks included in any subdivision
shall not be less than the minimum dimensions for each classification
as follows and in accordance with the master plan for streets:
1.
Primary or arterial streets: forty-four (44) feet wide, back
to back of curbs.
2.
Collector or secondary streets: thirty-six (36) feet wide, back
to back of curbs.
3.
Residential streets: twenty-eight (28) feet wide, back to back
of curbs.
4.
Marginal access streets: minimum twenty-four (24) feet wide,
back to back of curbs.
M.
Street Grades. The grades in all streets, alleys, and pedestrian
ways included in any subdivision shall not be greater than the maximum
grades for each classification as follows, except where topographical
conditions unquestionably justify a departure from this maximum:
1.
Major streets, primary: five percent (5%).
2.
Major streets, secondary: seven percent (7%).
3.
Minor streets: ten percent (10%).
4.
Culs-de-sac: ten percent (10%).
5.
Alleys: ten percent (10%).
6.
Pedestrianways: twelve percent (12%).
7.
Minimum grade shall be: one-half of one percent (0.5%) (subject
to drainage approval).
8.
Intersection grades will be individually reviewed.
O.
There shall be a tangent between all reversed curves of a length
equal to the radii of the curves so as to provide for a smooth flow
of traffic.
P.
Vertical. All changes in street grade shall be connected by vertical
curves of such length as to provide for the minimum sight distances
required. The minimum sight distances required are as follows:
Q.
Curb Radii. Where two (2)
minor streets intersect at approximately right angles, so that the
smallest angle of intersection is not less than eighty degrees (80°),
the curb at each block corner shall be rounded with a radius of fifteen
(15) feet. At all intersections where minor streets intersect at an
angle of less than eighty degrees (80°), or where a minor street
intersects with a major or secondary thoroughfare, or where two (2)
or more secondary or major thoroughfares meet, cross or otherwise
intersect in any combination, the curb radii at such intersections
shall be subject to the approval of the City Engineer.
R.
Sidewalks. Where density is two and one-half (2.5) to four (4) houses
per net acre, sidewalks shall be on one (1) side. Where density is
over four (4) houses per net acre, sidewalks shall be on both sides.
No sidewalks are required on culs-de-sac or streets where residential
density is less than two and one-half (2.5) houses per net acre. Minimum
sidewalk widths shall be four (4) feet. Notwithstanding the prior
provisions, sidewalks on both sides of the street will be required
on all arterial and collector streets. Sidewalks shall also be required
for all non-residential or mixed uses.
S.
Sight Distance. No fence, wall, entrance marker, sign, hedge, shrub
planting or tree foliage which obstruct sight lines at elevations
between two (2) feet and eight (8) feet above roadways shall be located
on any corner lot within the triangular area formed by the right-of-way
lines and a line connecting them at points twenty-five (25) feet from
their point of intersection.
T.
Private streets meeting all of these requirements except for ownership
may be constructed and maintained only within a PD or QSGD and only
with express provisions requiring one hundred percent (100%) financial
assurance that the private street will be perpetually maintained,
repaired and reconstructed according to a timetable adopted by the
City.
[Ord. No. 849 § 435.8, 10-16-2007]
A.
Curb And Guttering. All separate curb and gutter used in conjunction
with streets other than concrete, and except as hereinafter provided,
shall be twenty-four (24) inches wide of concrete construction, and
constructed in accordance with the standard detail and specifications
as provided by the City. Only integral curb and gutter shall be used
with concrete streets.
B.
Base Coarse And Surface For Class I Streets. Class I streets shall
be constructed of seven (7) inches of compacted cement treated base,
or hot asphaltic concrete base, covered with three (3) inches of hot
asphaltic concrete surface, or eight (8) inches of concrete.
C.
Base Coarse And Surface For Class II Streets. Class II streets shall
be constructed of six (6) inches of compacted cement treated base,
or hot asphaltic concrete base, covered with two (2) inches of hot
asphaltic concrete surface, or six (6) inches of concrete.
D.
Base Coarse And Surface For Class III Streets. Class III streets
shall be constructed of five (5) inches of compacted cement treated
base, or hot asphaltic concrete base, covered with one and one-half
(1 1/2) inches of hot asphaltic concrete surface, or five (5)
inches of concrete.
E.
Compliance With City Specifications. All streets must be constructed
in accordance with standard details and specifications furnished by
the City.
F.
Widening Of Existing Streets. In cases of required widening, the
widening shall correspond to construction specified above for the
applicable type of street. Where future widening is planned or contemplated,
a temporary asphalt lip curb will be required if, under good engineering
practices, the lip is necessary to control storm damage.
G.
Phases To Be Inspected, Accepted. Each phase of construction (including,
but not limited to, subgrade base and formed curbs) shall be inspected
and accepted by the City Engineer before starting the succeeding phase
of construction.
H.
Violations And Non-Compliance. Any violation of this Chapter shall
be construed to be a misdemeanor, and may be properly treated as such,
and any violation or variance from the terms and specifications recited
in this Chapter shall be cause for the City's refusal to accept
the work on any applicable project. Should work not be inspected as
required herein, the contractor shall furnish an additional three
(3) years maintenance bond.
[Ord. No. 849 § 435.9, 10-16-2007]
A.
An easement for utilities, at least five (5) feet wide, shall be
provided along each side of a side line of lots and/or the rear line
of lots where necessary to form a continuous right-of-way, at least
ten (10) feet in width. If necessary for the extension of a water
main or sewer lines or similar utilities, easements of greater width
may be required along lot lines or across lots.
B.
Utility easements shall connect with easements established in adjoining
properties.
C.
Additional easements for pole guys should be provided at the outset
of turns. Where possible, lot lines shall be arranged to bisect the
exterior angle so that pole guys will fall along the side lot lines.
D.
Drainage Easements For Storm Sewers May Be Required. Easements for
open channel drainage may be required where the cost of the installation
of storm sewers, as shown in bids or other price quotes, is considered
by the City Engineer to be prohibitive. These easements may be along
the side lot lines, but usually the design should be such that the
drainage will be carried along the rear of the lots. If open channel
drainage is to be carried down the rear lot lines, the easement shall
be of adequate width for workmen (with trucks if need be) to enter
the easement and keep it cleaned out. The size and location of such
easements for open channel drainage shall be determined by the City
Engineer.
[Ord. No. 849 § 435.10, 10-16-2007]
A.
All areas to be reserved for or dedicated to public use shall be
shown on the concept plan in order that the City may determine when,
if, and in what manner such areas will be dedicated to, or acquired
by the City, and shall conform as nearly as possible to the recommendations
of the City Comprehensive Plan, major street plan, and capital improvements
program.
B.
All streets, alleys, easements and other public sites, when approved
by ordinance, shall not thereafter be changed without the approval
of the Board of Aldermen, by ordinance, and upon recommendation of
the City Planning and Zoning Commission and the City Engineer.
[Ord. No. 849 § 435.11, 10-16-2007]
A.
Permanent Markers And Monuments. Permanent markers shall be placed
at points of curvature and points of tangency on street lines, and
at each angle point on the boundary of the subdivision. In situations
where conditions prohibit the placing of markers in the location prescribed
above, offset markers will be permitted. Permanent monuments shall
be placed at all quarter section points within the subdivision or
on its perimeter.
B.
Streets. Street pavement shall conform with the provisions of these
regulations.
C.
Sanitary Sewers. A sanitary sewer system shall be constructed by
the subdivider in accordance with the requirements of the Missouri
DNR and as recommended by the City Engineer. When public sewers are
not available, the developer shall construct a sewer collection system
to the same standards as a public sewer. A community disposal system
of individual septic systems shall be connected to collection system
and discharge in a well defined natural drain. Maintenance bond requirement
will be the same for a public sewer or individual collection system.
D.
Storm Sewers. Where an existing storm drainage system is reasonably
accessible, the subdivider shall connect with such storm drainage
system and shall do all grading and provide all drainage structures
that are necessary to properly carry the water to locations which
are acceptable to the City Engineer. All storm drainage calculations
shall be made in accordance with the minimum design criteria of the
City.
E.
Abutting Streets. Abutting streets shall be improved in accordance
with the master plan and the full width shall be constructed as approved
by the Board of Aldermen.
F.
Sewering Adjacent Property. Sewers shall be extended to the boundary
line to serve adjacent property except where adjacent property can
be served by future sewer extension through dedicated right-of-way.
G.
Water. The developer shall meet City requirements concerning the
water system of the City of Lake Lotawana codes. Building permits
will not be issued until these requirements are met.
[Ord. No. 849 § 435.12, 10-16-2007]
An acceptable maintenance bond in the amount of fifty percent
(50%) of the contract price of the improvement shall be provided to
protect the City against defects in workmanship and materials for
a period of two (2) years from the date of acceptance of such improvements.
The bond shall be filed with the City Engineer prior to the acceptance
of the improvements by the City.
[Ord. No. 849 § 435.13, 10-16-2007]
All improvements required by these regulations shall be constructed
in accordance with the design standards and plan requirements of these
regulations, all other City requirements and specifications and, where
applicable, the requirements and authorization of the appropriate
State agency or utility company.
[Ord. No. 849 § 435.14, 10-16-2007]
The City Engineer may inspect the improvements from time to
time during their construction. All of the improvements shall be subject
to inspection and approval of the City Engineer who shall be notified,
in writing, at least twenty-four (24) hours prior to the start of
construction.
[Ord. No. 849 § 435.15, 10-16-2007]
A.
Generally. The City shall not have any responsibility with respect
to any street or other improvement, notwithstanding the use of the
same by the public, unless the street or other improvements shall
have been dedicated to and accepted by the City. Prior to requesting
final acceptance of streets, and sanitary and storm sewers, the developer
shall furnish as-built drawings in reproducible form. The City shall,
within thirty (30) days after the public improvements have been offered
for dedication to the City, accept the improvements, provided the
improvements have been constructed in accordance with the requirements
and conditions of this Chapter, all other applicable laws and regulations,
and the specifications of the City. The developer shall furnish proof
that all improvements are free of lien and debt.
B.
Inspection Required. All improvements required by these regulations
shall be inspected by the City Engineer, except for improvements made
under the jurisdiction of other public agencies, in which case engineers
or inspectors of such agency will make the necessary inspections.
Where inspections are made by other agencies, the applicant shall
provide the City with written reports of each final inspection.
C.
Compliance With Standards. The applicant or the bonded construction
contractor shall bear full and final responsibility for the installation
and construction of all required improvements according to the provisions
of these regulations, all applicable laws, and the standards and specifications
of other public agencies.
D.
Acceptance. City approval for the installation and construction of
improvements shall constitute acceptance by the City for dedication
purposes.
E.
Acceptance By City.
1.
The City shall not accept, improve, grade, pave or light any
street, or authorize the installation of water, sewer or other utilities
in any street unless:
a.
The street has received the legal status of a public street
prior to the adoption of a City plan; or
b.
The street corresponds in its location and lines with a street
shown on an approved and recorded subdivision plat; or
c.
The street corresponds in its location and lines with a street
shown on a street plan adopted by the Commission.
2.
Exception. The City may accept, improve, grade, pave or light any street, or authorize the installation of water, sewer or other utilities in any street not complying with Subsection (E)(1) above, if the action is approved by the Planning and Zoning Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.
F.
Site Cleanup. The applicant shall remove all equipment, material,
and general construction debris from the subdivision and from any
lot, street, public way or property therein or adjacent thereto. Dumping
of such debris into sewers, adjacent property or other land in the
City is prohibited.
[Ord. No. 849 § 435.16, 10-16-2007]
A.
Purpose And Intent. The purpose of this Section is to ensure that
electrical, utility and telecommunication lines and facilities are
located and constructed within the City so as to best protect the
health, safety and general welfare of its citizens and to ensue the
proper operation and availability of such services to all residents
and businesses.
B.
Applicability. This Section shall apply to all electrical facilities,
utilities, and telecommunications facilities, including, but not limited
to, telephone, telegraph, cable television, fiber optic and electrical
communication facilities, within the City. This Section shall not
apply to the following facilities:
1.
Electric utility substations, pad-mounted transformers and switching
facilities not located on the public right-of-way where site screening
is or will be provided in accordance with this Chapter.
2.
Ornamental street lighting.
3.
Police and fire sirens, or any similar City equipment, including
traffic control equipment, whether owned and operated by the City
or by any fire or ambulance district.
4.
Replacement or the addition of necessary elements or structures
in existing overhead wiring to maintain or augment existing service.
5.
The installation, replacement or maintenance of live front underground
electrical structures shall be prohibited in all floodplains and drainage
easements. Where electrical or communication equipment must cross
a floodplain or drainage easement, they shall be installed as to be
reasonably free from flood or stormwater runoff drainage.
6.
House service switch boxes and exposed conduit at buildings
may be above ground. The transformers will be pad-mounted or of the
submersible type installed below grade back of the walk. All communications
enclosed terminal blocks will be located adjacent to the transformers,
but may be spaced otherwise if approved and authorized by the Public
Works Director. Gas and electric meters may be above ground.
C.
Underground Lines.
1.
All electrical distribution, cable television, and telephone
lines constructed or developed after October 16, 2007, shall be installed
underground.
2.
All electrical distribution, cable television, and telephone
lines from an overhead or underground facility to serve any building
or other structure, which line is relocated or modified after October
16, 2007, shall be installed underground except:
3.
All extensions, relocations or rebuilds of existing overhead
electrical distribution, cable television, and telephone lines shall
be installed underground from and after the effective date hereof.
D.
Above Ground Utility Structures.
1.
Upon application for the construction or development of utility
transmission line structures, the applicant shall provide data pertaining
to electromagnetic field radiation (EMF) rates for the structure(s).
2.
Above ground electric transmission lines are permitted subject
to the following conditions:
a.
In the "ER," "LDR," "MDR," "LR," "THR" and "NC" zoning districts,
electric and magnetic radiation shall not exceed two (2) milligauss
(mG) as measured from a line which is drawn thirty (30) feet from
the outer walls of every dwelling unit. If no dwelling unit has been
developed on the tract or lot on which a transmission line is to be
erected, but a building permit, special use permit, site plan or other
approval from the City has been issued for development of one (1)
or more dwelling units, electric and magnetic radiation shall not
exceed two (2) mG as measured from a line which is drawn thirty (30)
feet from the outer walls of all dwelling units shown on the building
permit, site plan or other approval. If no dwelling unit has been
developed on the tract or lot on which a transmission line is to be
erected, and no permit or other approval for residential development
on such tract or lot has been obtained from the City, and the tract
or lot on which the above ground utility structure is to be constructed
is located adjacent to a tract of land or lot on which a dwelling
unit has been developed or for which a building permit, site plan
or other development approval has been obtained from the City, the
electric and magnetic radiation shall not exceed two (2) mG as measured
from a line drawn thirty (30) feet from the outer walls of all dwelling
units shown on the building permit, site plan or other approval for
the adjacent lot.
b.
For corner lots, no above ground utility structures shall be
erected within one-half (1/2) mile of any highway in the Missouri
State highway system.
c.
No electric transmission lines may be developed or constructed
in a State, County or municipal park or on property on which a school
facility is located. If a transmission line is proposed to be developed
on a lot adjacent to a lot on which a school or park is located, the
electric and magnetic radiation shall not exceed two (2) mG as measured
at the boundary of all school properties and parks.
3.
Where permitted pursuant to Subsection (D)(2) above, above ground electric transmission structures shall be permitted only in accordance with the following table showing the permitted transmission line area:
[Ord. No. 15-05, 3-17-2015]
|
Zoning District
|
Distance from Side Lot Line
(feet)
|
Distance from Rear Lot Line
(feet)
|
|---|---|---|
|
ER
|
Prohibited
|
35
|
|
LDR
|
Prohibited
|
35
|
|
MDR
|
Prohibited
|
30
|
|
LR
|
Prohibited
|
30
|
|
THR
|
Prohibited
|
30
|
|
NC
|
Prohibited
|
30
|
|
HC
|
15
|
30
|
|
OTC
|
25
|
30
|
|
A
|
Prohibited
|
35
|
a.
The distance from a lot line for electric transmission and other
above ground utility structures shall be measured from the edge of
the above ground utility structure. Buffering and landscaping may
be included within the permitted transmission line area.
c.
All electric transmission equipment and facilities, other than
electrical transmission poles, shall be placed within an enclosure
or within the building or structure being served, or be suitably screened
in accordance with the landscape requirements of the Lake Lotawana
Zoning Code.
E.
Applications, Permits And Fees.
1.
Applicants for utility permit approval shall submit a complete
application and other required materials and information to the Planning
Commission, and is responsible for complying with the requirements
of this Chapter, and shall make the necessary arrangements with the
utility companies involved for the design plans and for the installation
of said facilities. The Planning and Zoning Commission may impose other submittal
requirements as necessary.
2.
Applicants for any above ground structure shall obtain a utility
permit, issued by the Planning and Zoning Commission, prior to proceeding with
any construction, in accordance with the following requirements.
a.
b.
A permit for work in the public right-of-way for undergrounding
work shall be acquired by the utility from the Public Works Director
prior to proceeding with construction of facilities in the public
right-of-way, or within easements for public facilities, or public
property. The fee for and terms for such permit for any undergrounding
shall be pursuant to the City's approved fee schedule.
3.
The application materials shall be in sufficient detail to show
the location of the proposed above ground utility structures, including
the distance to all other structures located within one thousand (1,000)
feet, and showing the height, setback, and buffering of such buildings.
5.
The application materials shall contain a written description
of the existing conditions on the tract or lot and the necessary drawings
and sketches as required by this Chapter to show the applicant's
plan of development. All plats shall be signed by a registered surveyor.
6.
The applicant shall provide a statement on the tentative subdivision
map indicating the terminal points of the distribution system proposed
to be used.
7.
An overall underground distribution system plan shall be submitted
for approval with the final subdivision map to show the proposed installation.
The plan will show the location of all underground services with locations
to be marked at the walk or the curb and the meters to be so located
as to have access from the street side of the buildings. The underground
services shall be shown to be covered with a safety guard.
8.
Plans for all above ground installations, including those excepted
hereto, shall be submitted to the City for approval of screening and
setback requirements prior to the issuance of any permits in connection
with such above ground installations in the public rights-of-way or
in public utility easements.
9.
Project "as-built" drawings, in a form and scale conforming
to generally accepted engineering practices, shall be submitted in
duplicate to the City Clerk within thirty (30) days of the completion
of any underground project within the City. In addition, each utility
shall submit in duplicate "as-built" drawings of all of its underground
facilities within the City on an annual basis, commencing on January
first following the effective date hereof, provided that if said drawings
are not available at that time, the utility shall be given a reasonable
time to prepare and submit such drawings. The requirement to provide
the drawings as specified in this Subsection shall not relieve the
applicant for a permit from providing preliminary plans in connection
with the application for a permit for work in the public right-of-way
or otherwise.
10.
It shall be the responsibility of the applicant to provide underground
utility easements along the front, rear and side lots as may be required.
11.
After approval the applicant shall provide the utility companies
with an approved copy of the tentative map.
F.
Design Standards.
1.
All conductors, switches, transformers, and regulating devices
shall be installed in accordance with applicable national, State and
local safety standards. All structural devices shall be designed in
accordance with the provisions of, and additions to, the Uniform Building
Code adopted by the City, and all other applicable ordinances and
regulations of the City as its Building Code.
2.
All underground facilities provided for herein shall be installed
in such manner as to be coordinated with underground water, sewer,
and gas pipelines, and with traffic control and other signal systems.
Whenever such coordination requires installation practices more restrictive
or demanding than the minimum standards required by applicable national,
State and local codes and safety standards, the requirements of such
coordination shall govern and be controlling.
3.
All vaults, manholes, ventilation gratings, and access covers
and conduits in public rights-of-way shall be strong enough to withstand
ten thousand (10,000) pounds wheel load. The utility may, at its option,
elect not to comply with the said wheel load requirement as to such
facilities not on the traveled portion of the street; providing, however,
that the utility shall be responsible for upgrading of the said facilities
in event of widening of the traveled portion of the street.
4.
Any equipment and facilities excepted from underground requirements
or otherwise permitted to be installed above ground, except for poles,
pole-mounted equipment, and aerial lines, shall be:
a.
Placed within an enclosure or within the building or structure
being served, or be suitably screened in accordance with the landscape
requirements of these regulations.
b.
The utility shall be responsible for the installation, maintenance,
repair, and replacement of the sight screening materials and barrier
when the real property on which the above ground facility is located
is owned by the utility.
5.
When the above ground facility is located on real property not
owned by the utility, the owner of such real property shall be responsible
for the installation, maintenance, repair, and replacement of the
aforementioned screening materials and sight barrier.
6.
Space frames and structural arrangements for holding equipment
or facilities shall be designed to have an uncluttered and neat appearance.
7.
Streets shall be excavated to subgrade prior to the installation
of underground facilities as determined by the Public Works Director.
G.
Joint Trenches. In requiring undergrounding of electric and communications
facilities, it is the City's intent to authorize and encourage
establishment of joint or common trenches, as follows:
1.
Utilization of a single trench where feasible by all utilities
and rights-of-way franchise holders is hereby encouraged and shall
be required wherever feasible. Upon application for an underground
right-of-way use permit, the Public Works Director shall determine
whether other utilities and franchise holders have applied, or may
be likely to apply on a timely basis, for undergrounding along the
same right-of-way and whether the permit, if issued, should require
joint use of a common trench. If at the time of application for an
underground permit it does not appear that all utilities involved
in the undergrounding project have made appropriate arrangements for
the use of the common trenches, the Public Works Director may delay
the issuance of such permit until all utilities involved in such relocation
shall have been given the opportunity to be heard upon two (2) weeks'
notice.
2.
Where new structures require underground services extending
into or across the public right-of-way to existing overhead distribution
systems for connection, it shall be the responsibility of the property
owner, owner's agent or other persons applying for such underground
service from an electrical or communications utility to provide adequate
provisions and capacity for joint usage in a trench with conduit or
other required facilities for present and future service extensions
to the structure. The utility, property owner, owner's agent,
or other person applying for the permit shall notify all other electrical
and communications utilities as to the availability of a common trench.
The issuance of a permit may be delayed until all utilities involved
in a street crossing for underground service connection to a structure
have been given the opportunity to be heard upon two (2) weeks'
notice.
3.
Whenever an electrical or communications facility, including,
but not limited to, electrical power, telephone, telegraph, cable
television, and fiber optics is required to be placed underground
in a joint trench, then the costs of excavation and fill and also
the costs of conduit, cable, vaults, and other appurtenant facilities
shall be borne on an equal basis, or as agreed, by the utilities,
franchise holders, or others participating in the undergrounding project.
H.
Temporary Permit. The Zoning Administrator may grant special permission,
in cases where temporary electrical power or communication service
is necessary because of an emergency, for building construction purposes,
or for other temporary purposes, in order to erect, construct, install
or maintain poles, wires and other overhead structures for a period
not to exceed one hundred twenty (120) days. However, in the event
the purpose for which the temporary permission is granted cannot be
completed within the period herein provided because of a shortage
of material, a natural disaster, strikes or other circumstances beyond
the control of the applicant, or by unusual hardships, then, upon
the written consent of the Zoning Administrator, the time may be extended
an additional temporary period or periods necessary to allow completion
of such construction. Application for a temporary permit shall be
in accordance with procedures adopted by the Zoning Administrator.
