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18.30.040 Adequate Public Facilities
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Purpose: this section prevents the premature development of land which might pose a threat to the health, safety or general welfare of the community at large, or the occupants of land in a particular area of the City.

A. Applicability

This section applies to any application for a special use permit, preliminary or final development plan or preliminary or final plat.

B. Criteria

No application subject to this section shall be approved unless public facilities and services are available, or will be provided as a condition of the application, which are adequate to serve the development. The determination of the adequacy of public facilities and services is made in accordance with the criteria set out below.

1. Roads

a. Capacity

The road network serving the site shall be capable of handling the increased traffic generated by the development. At a minimum, if the property does not abut a collector street or arterial containing a paved surface conforming to the standards established in the adopted Chapter 12.04 of the Municipal Code and the Street Improvement Policy, traffic from the site is subject to the following:

(1) Traffic must be able to travel to a collector or arterial conforming to those standards on a continuous system of temporary paved roadways.

(2) The temporary paved roadways must consist of hot mix asphaltic concrete pavement or overlay, or Portland cement concrete, and a minimum width of twenty-four (24) feet.

(3) Pavement thickness for the temporary paved roadways will be determined by a geotechnical report submitted to the city for approval by the City Engineer.

b. Benefit District

The City Council may require the creation of a benefit district for the improvement of nearby arterial streets to ensure that the road network is capable of handling present and future traffic caused by development in the area.

c. Dedication of Right-of-way for Abutting Streets

If a proposed subdivision abuts a public street or a proposed public street as indicated on the plat or the Major Street Map, and adequate right-of-way does not exist for the street or proposed street in accordance with the standards set forth in Chapter 12.04 of the Municipal Code, and subsection a above, or other right-of-way requirements established by a transportation corridor study, traffic analysis or area plan accepted by the City, the City Engineer shall make an individualized determination of the subdivider’s responsibility to dedicate to the City, without charge, the right-of-way that is necessary to provide conformity with indicated right-of-way requirements. The dedication shall be shown on the preliminary and final plat. Any determination to require dedication of right-of-way shall be based upon the existence of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, and the existence of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development.

2. Wastewater

The development must be served by a public sanitary sewer system. Sewer lines and sewage treatment plant capacity must be certified by the City Engineer, the City Utilities Coordinator or the Johnson County Wastewater District as being capable of handling the waste flows from the development. Exceptions to sanitary sewers (i.e., private sewage disposal systems) shall comply with Chapter 15.17, Plumbing Code of the Olathe Municipal Code.

3. Water

The development must have access to a public water supply. Water lines must be certified by the City Engineer or the appropriate water district as being capable of serving the development. The lines are considered sufficient if they are constructed to the size shown in the most recent water study prepared by the City or the appropriate water district.

4. Stormwater Management

The development must have an adequate stormwater management system, consistent with Title 17 of the City Code. The proposed development shall use on-site or on-stream detention and natural drainage ways where practical. Storm drainage shall be carried by enclosed systems or open channels, as certified by the City Engineer.

5. Fire

Fire protection services shall be available to the development. Fire flows from water lines shall comply with Title 16 of the Municipal Code.

C. Conditional Approval

If adequate public facilities and services are not in place or scheduled to be constructed within one (1) year of the consideration of the application, the City may make approve the application subject to adequate facilities being provided as described in subsection D. In determining whether conditional approval is appropriate, the Planning Commission and the City Council shall consider the following factors:

1. The nature, extent and estimated cost of the required facilities or services.

2. The proposed method of providing the adequate facilities.

3. The extent to which other property owners would be required to share in the cost of the improvements.

4. Any public amenities to be provided by the development, such as the donation or dedication of land or improvements for public facilities or services including, but not limited to, water, sewers and streets.

D. Providing Public Facilities

An applicant may propose to provide adequate facilities as described in subsection B above, by either providing the facilities or services at their own expense or by agreeing with the City to fund all or a part of the cost of such improvements. The intent of the effect of either method shall be to offset fairly and equitably the timing of the costs of the improvements or any higher net public costs resulting from the impact of the development. In any computations of additional net public costs, the differences between otherwise anticipated public costs and development impact costs, and otherwise anticipated public revenue and development impact revenues shall be considered, among other factors. The Planning Commission or City Council may require expert determination and analysis of the development’s impact on public costs and revenues.

E. Reducing Impacts by Nature of Development

1. If an application does not establish adequacy of facilities and services as provided in subsection B above, and the applicant does not propose to provide the adequate facilities and services, the application may be approved with express findings that, due to the nature of the proposed development, the occupants of the development will not be endangered and the inadequacy of a particular facility or service will not pose a threat to the health, safety or general welfare of nearby properties or the community at large.

2. If a prior development application has established the adequacy of public facilities, or where the adequacy of public facilities is evident based upon the location of the property, the Planning Commission may waive the requirement that the applicant provide assurances of any or all public facilities or services as part of the application process. (Ord. 02-54 § 2, 2002)

F. Consideration of Dedication Requirements Appeals

When the City makes an individualized determination that a person is required to dedicate street right-of-way or other land for public purposes as a condition to approval of any permit or application, the applicant may appeal the requirement to the City Council within ten (10) days after the condition is imposed. On appeal, the burden is on the appellant to establish the lack of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, or lack of rough proportionality between the dedication requirement and the impacts created by the development.