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CITY OF OLATHE

Policy No.:

PI-3

COUNCIL POLICY STATEMENT

Date Issued:

9-7-93

General Scope:

Public Improvements

Effective Date:

9-7-93

Specific Subject:

Street Improvements General Classifications and Policies

Cancellation Date:

Supersedes No.:

Listed Below

Purpose:

To set forth the general public policy objectives of the city of Olathe as it relates to street improvements.

Statement of Policy:

The statement of policy is hereby incorporated with Resolution No. 93-1119. Previous Street Improvement Policy was established by Resolutions 91-1093, 89-1203, 84-1144, 83-1056, 81-1014, and 1822.

RESOLUTION NO. 93-1119

A RESOLUTION ESTABLISHING GENERAL CLASSIFICATIONS AND POLICIES RELATING TO STREET IMPROVEMENTS WITHN THE CITY OF OLATHE, KANSAS, FURTHER REPEALING RESOLUTIONS NO. 1822, 80-1039, 81-1014, 81-1104, 83-1056, 84-1144, 89-1203 AND 91-1093.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: Generally definitions of words and phrases shall be as fisted in Appendix A of this resolution or as found in the "Unified Development Ordinance (Chapter 18 of the Municipal Code)" or the " Technical Specifications and Design Criteria for Public Improvement Projects ."

SECTION TWO: Street Standards. Actual and adopted standards for all types of streets will be found in the 'Unified Development Ordinance (Chapter 18 of the Municipal Code),' the "Major Street Plan" and the " Technical Specifications and Design Criteria for Public Improvement Projects ."

SECTION THREE: From and after the effective date of this Resolution, the following policies shall apply to all street improvements undertaken within the City of Olathe, Kansas:

A) Improvements to Streets:

(1) Developers of any land within the City of Olathe shall be responsible for the installation and expense of constructing any and all streets within and/or adjacent to their development. Such improvements to these streets shall conform to the standards as established in the "Unified Development Ordinance (Chapter 18 of the Municipal Code)," and/or the " Technical Specifications and Design Criteria for Public Improvement Projects ." The improvements shall also be done in accordance with the general pattern as established by the "Major Street Plan Map."

(2) Prior to the filing of a subdivision plat, the improvement of all interior and/or adjacent streets in the subdivision shall be assured by the developer through compliance with one of the following conditions:

(a) The actual construction and installation of the street improvement(s);

(b) The creation and authorization of an improvement benefit district by the governing body to construct the adjacent arterial or service streets. Benefit districts shall not be used for local and collector residential streets.

(3) If a tract of land has been platted, or platting is not required, but has not contributed to the improvement of arterials, the improvement of adjacent streets and arterials shall be assured prior to the issuance of a building permit through compliance as stated in paragraph (2) above.

(4) If a street is already improved but has not been paid for by the adjoining property, either by benefit district or by actual construction, the City shall require the developer to pay the City the same cost as if the street were not improved.

B) Apportionment of Costs for Required Street Improvements:

(1) Local, Collector and Service Streets (New Developments)

The total project cost of all street improvements for local, collector and service streets shall be paid for by the developer. The city-at-large shall not participate in any costs associated with the improvement.

(2) Arterial Streets (New Developments)

(a) Developer's Cost: When an arterial street is being constructed in phases, the adjacent properties shall pay for the initial construction cost of the street. The initial construction costs would include: thirty-six (36) feet of pavement, complete cross section grading, right-of-way, administration, engineering, and permanent storm sewer system.

When an arterial is being constructed as a four-lane street, the adjacent properties shall be responsible for that portion of the cost equal to improving the street to the initial construction level.

(b) City-at-large Costs: The governing body, acting upon a traffic engineer's study, may determine that an arterial street should be initially improved to a full arterial standard. In this case, those costs associated with the standards described in paragraph (2)(a) above shall be paid for by the developer and all additional costs for extra-depth pavement and grading to comply with the arterial standard will be paid for by the city-at-large. This cost differential will be estimated by the city engineer and approved by the governing body. If an improvement district method is utilized, the city-at-large shall bear none of the administrative, legal, engineering or related costs associated with the project other than those costs required for the additional pavement width and depth in excess of the collector standard.

C) Intersection Improvements:

(1) At intersection of arterials: Left turn lanes and traffic signals shall be required at all intersections of arterial streets. The cost for such improvement will be paid for by the city-at-large. Normally intersections will be constructed when two (2) of the four (4) legs of the intersection are improved.

(2) At intersections of arterials, collectors and service streets: If a traffic study prepared by a qualified traffic engineer determines that turning lane(s) are necessitated by the adjacent development, the developer of that development shall be responsible for all costs incurred for such improvement, including that amount required to delineate and signalize the intersection if determined to be necessary.

SECTION FOUR: Use of Escrow Deposit. The utilization of the escrow deposit method as a means of satisfying the requirements as established by this Resolution shall be at the discretion of the governing body. It may be applied to streets only upon approval by the governing body. This method may be required if 'lit is determined that the construction of the street improvement, either by the improvement district method or at the developer's expense, would create a hazard to traffic or is not feasible to construct due to physical constraints or ownership constraints. This method may also be used upon request of a developer if a significant amount of the collector or arterial cannot be constructed.

A) Amount of Deposit.

(1) The amount of the deposit shall be based upon a lineal foot cost to improve one-half (1/2) of the arterial to initial improvement standards as specified by Section 3, paragraph B)(2). The lineal foot cost shall be estimated annually by the city engineer and approved by the governing body prior to February I of each year. If a new amount is not approved by the governing body, the prior year's amount shall continue in effect.

(2) After the lineal foot cost has been approved, it will be multiplied times twenty-one thousand one hundred twenty (21,120) feet (the number of feet in the four [4] miles of arterials around a section of land) to determine the total escrow deposit for a section (six hundred forty [640] acres) of land.

(3) The total possible escrow deposit for a section of land shall then be apportioned as follows:

(a) Forty (40) percent of the total possible escrow deposit shall be applied equally on a "front foot" basis for all property fronting on an arterial.

(b) Sixty (60) percent of the total possible escrow deposit shall be applied equally on a "square foot" basis for all property in the section of land.

(4) Local, Collector and Service Streets: The amount of the deposit shall be the equivalent cost of the actual street construction cost based upon the front footage of the adjoining development. The developer shall submit an estimate of the actual street construction cost and the escrow amount. The estimates will be reviewed by the city engineer prior to the consideration by the governing body. The escrow deposit shall include a twenty (20) percent (of the estimated construction cost) administrative charge.

B) Use of the Escrow Deposit for Arterial Streets: Moneys paid into the escrow deposits shall be used to pay for improvements, including turning lanes, traffic signals grading, etc. (as required by Section Three, paragraph C][2]), for the arterials adjacent to the section of land where the development is located. The following criteria will be used by the City in using escrow deposit funds to pay for improvements.

(1) Funds generated by the "front foot" basis shall be only used for the adjacent arterials and intersections.

(2) Funds generated from the areas labeled "A" in Figure I shall be only used for the indicated adjacent arterial.

(3) Funds generated from the area labeled "B" in Figure I may be used for constructing any of the four arterials around the section of land. These funds can be used to equalize the actual costs of construction, and to insure that the arterials are improved in the proper sequence.

(4) Interest earned from the escrow deposits may be used for the city-at-large costs of street improvements on the adjacent arterials as deemed appropriate by the governing body.

C) In addition to payment of the escrow deposit, when the developer abuts an existing or proposed collector or arterial street that does not have a paved surface or is less than twenty-four (24) feet in width and has less than a three (3) inch depth of asphalt, the developer shall improve the length of such roadway along the entire development and shall continue the overlay to a section line road that has been constructed at least to the standard described immediately above. Such improvement shall consist of not less than a three (3) inch overlay of hot-mix asphaltic concrete twenty-four (24) feet in width. Plans and specifications for said pavement shall be approved by the city engineer in the same manner as other street construction within the City of Olathe.

This improvement is meant to be temporary m nature and shall not in any way relieve the developer of his responsibility to provide for the escrow deposit requirement.

The developer shall submit a cashiers check or letter of credit to the City for the full cost of the overlay prior to recording of the plat or the issuance of a building permit. The overlay shall be constructed after internal improvements are made in the development and before the issuance of an occupancy permit.

D) In addition to the payment of the escrow deposit, the developer shall dedicate, at no charge to the City, the appropriate amount of street right-of-way. The appropriate amount of right-of-way will be determined by applicable City regulations.

E) The escrow funds are to be deposited with the City in the form of cash or a cashier's check prior to the recording of a subdivision plat or the issuance of a building permit. Upon receipt of the deposit from the developer, a special account will be established for the purpose of improving the adjacent street. The escrow deposits shall be invested in accordance with City policies. Any interest earned shall be credited to each special account. The escrow deposit will be the only financial contribution required of the developer or his successors for the initial construction of that portion of street serving and abutting the property proposed for development as required by Section 3 of this resolution.

F) The developer may submit a letter of credit in lieu of cash or a cashier's check. The letter of credit shall be issued by a state or federal chartered bank or savings and loan located in the Kansas City metropolitan area. In addition to the escrow amount, the letter of credit shall include one (1) year's interest based upon the one year treasury bill rate in effect on the day the governing body approved the street agreement. Letters of credit will not be accepted for escrow deposits less than fifty thousand collars ($50,000.00). Letters of credit accepted in lieu of cash or a cashier's check shall be valid for one (1) year. At the end of the year the letter of credit will be drawn upon and the proceeds deposited in a special account as described in paragraph E) above. Generally, letters of credit will follow the format as depicted by Appendix B.

SECTION FIVE: The governing body may deviate from any policy set forth in this Resolution if in its determination a hardship exists, or it is in the best interests of the City.

SECTION SIX: That Resolutions No. 1822, 80-1039, 81-1014, 81-1104, 83-1056, 84-1144, 89-1203 and 91-1093 are hereby repealed.

SECTION SEVEN: That this Resolution shall take effect on September 15, 1993.

ADOPTED by the Council this 7th day of September, 1993.

SIGNED by the Mayor this 7th day of September, 1993.

/s/ J. Michael Haskin

Mayor

ATTEST:

/s/ Debra S. Gragg

City Clerk

(Seal)

APPROVED AS TO FORM:

/s/ Thomas A. Glinstra

Municipal Counsel

APPENDIX A

A) Local Streets. A street that is primarily used to provide access to abutting residential property. Residential property shall include land use designated as single family, duplex and multifamily.

B) Collector Street. A street which in addition to serving abutting residential property, intercepts local streets and carries neighborhood traffic to the arterial street system.

C) Service Streets. A street which provides access to commercial and industrial buildings and complexes from the arterial street system.

D) Arterial Street. A street of considerable continuity which serves or is intended to serve as the principle trafficway between separated areas or districts. The location of arterial streets is designated in the latest revision of the Major Street Plan Map, as adopted by the City of Olathe.

E) Minor Arterial. A street that provides traffic movement between areas and across the City. Minor arterials are undivided streets except at intersections.

F) Major Arterial. A street with the primary function to move large volumes of through traffic between sections of the city. Major arterials are divided streets with a median to increase the volume and safety of traffic that can use the street.

G) Development. Any man-made change to improved or unimproved real property including the filing and recording of a subdivision plat or the issuance of a building permit.

H) Developer. Any person, partnership, firm or corporation involved in the development of land.

I) Improvement (Benefit) District. Any improvement/benefit district formed pursuant to the provisions of Chapter 12, Article 6a of the Kansas Statutes Annotated.

J) Improved Street. Any street that has been constructed to the standards adopted by the City at the time of construction. Any street that is to be constructed as part of the benefit district that has been authorized by the governing body shall be considered an improved street, provided that the adjacent property is part of the benefit district.

K) Unimproved Street. Any roadway which was not constructed to the City's street construction standards at the time of construction, or which has not been paid for by adjoining property either by benefit district or by actual construction.

L)  Major Street Plan Map . A map that is adopted as part of the Comprehensive Plan that designates all arterials (minor and major) and expressways in the City's planning area. Some collectors are identified. The Major Street Plan Map is also adopted by the governing body as Chapter 10. 08 of the Municipal Code.

M) Street Construction Standards. Chapter 12.04 of the Olathe Municipal Code states that specifications for all streets are to be kept in the office of the city engineer. Those specifications have been developed over several years and are collected in the manual titled " Technical Specifications and Design Criteria for Public Improvement Projects ."