ORDINANCE NO. 120934
Amending Chapter 64, Streets
Sidewalks and Public Places, Code of Ordinances, by repealing Sections 64-4,
64-113, and 64-122 and enacting in lieu thereof new sections of like number and
subject matter, modifying terms and modifying the performance and maintenance
bond requirements.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1.
Amending Chapter 64, Streets Sidewalks and Public Places, Code of Ordinances,
by repealing Sections 64-4, 64-113, and 64-122 and enacting in lieu thereof new
sections of like number and subject matter modifying terms and modifying the
performance and maintenance bond requirements.
Sec. 64-4. Construction
or repair by property owner of facilities in adjacent right-
of-way.
(a) Definitions.
As used in this section:
Director means
the director of City Planning & Development of the city unless otherwise
defined herein.
Improvement
means new or a modification of existing curbs, gutters, driveways from curb to
property line, sidewalks, sewers, street lighting systems, stream buffer
protection requirements and appurtenances by a change in grade, construction,
repair or reconstruction authorized under this section.
Owner means
the person, persons, or any legally recognized entity holding title to real
property.
Permittee
means an owner of private property, or the owner's representative or contractor
a holding a special permit issued pursuant to this section.
Plan
means a drawing, sketch, report, or document prepared in accordance with
adopted city standards and codes to convey a design, Improvement or repair, and
submitted for review and permitting pursuant to this section.
QCR means
quality control review, a process of checking a plan submittal application or
resubmittal for completeness against a certified submittal checklist that the
applicant has prepared and attached to the plan prior to acceptance for
technical review.
RCR means
review comment resolution, a service provided to communicate and clarify review
deficiencies.
Special
permit means a permit issued by the director pursuant to this section
for the construction or preparation for construction and maintenance thereto of
an improvement, including site disturbance activities that are performed in
accordance with Chapter 63 of the Code under this permit.
Work means
any activity that involves construction or preparation for construction of an Improvement.
(b) Permit
required; issuance of permit. The director is hereby authorized to
issue a special permit, upon request, to owners of private property, or their
representatives or contractors, to make improvements, at their own expense, in
the public streets or alleys adjacent to or running through their property, if
the director determines that such improvements are reasonably necessary. No
person shall begin any such work until such permit therefor has been
issued.
(c) Authorization
of work under building permit. Authorization for construction of such
sidewalks and driveways within street rights-of-way adjacent to any lot on
which a residential building is proposed may, at the option of applicant, be
included in the building permit for that structure.
(d) Application,
review process and fees.
(1) Application. Each applicant for a
special permit shall complete an application in the form provided by the
director. The name of the applicant and lead contact shall appear on the
application. The applicable fees pursuant this section shall be paid at the
time of filing for review, resubmittal, and permit issuance. After review of an
application, the director shall notify the applicant of such further action and
reviews as necessary. If an application is approved, the applicant may procure
all required permits for the work within 365 days. If all required permits for
the work have not been procured, then the approval of the application shall be
null and void, provided that the director may waive reapplication for plan
review or may extend the time for action by the applicant for a period not to
exceed 180 days upon request by the applicant if the director determines that
there exist circumstances beyond the control of the applicant preventing
procurement of permits for the work. Not more than one extension shall be allowed.
Thereafter, a new application and new fee shall be required. Plans and other
data submitted for review may thereafter be returned to the applicant or
destroyed by the director.
(2) Estimated cost of construction.
The determination of the estimated cost of construction under any provision of
this section shall be made by the director. The estimated cost of construction
to be use in computing the special permit fee and associated review fees shall
be based on the total costs of similar construction at the time of application
for review or permit issuance.
(3) Major infrastructure reviews and permit
fees. As a condition for issuance of a special permit pursuant this
section for grading, improvements to streets, alleys, streetlights, streetlight
signals, storm sewers, stream buffer protection requirements, and sanitary
sewers, the applicant shall pay a basic plan fee in an amount equal to 8.40
percent of the estimated cost of the construction, and such other fees as set
forth herein, to defray the cost of plan review services, quality control
review (QCR) services, review comment resolution (RCR) services, resubmittal
review services, permitting services, supervision, and inspection services. The
basic plan fee shall be composed of both an initial technical plan review fee
for Plan review services, (QCR) services, and (RCR) services in an amount equal
to 3.65 percent of the estimated cost of the construction, and a permitting fee
for permitting services, supervision and construction inspection in an amount
equal to 4.75 percent of the estimated cost of the construction. In no case
shall the basic plan fee be less than $1,000.00 per permit per month of permit
duration, or any extension thereof.
An applicant
shall submit a plan for QCR and certify that all of the necessary plan
components are contained in the plan as required by the special permit
submittal checklist. If as certified, all of the plan components have been
submitted, but the submittal fails QCR for other omissions or deficiencies not
set out in the checklist, no additional fee will be charged for subsequent QCR
submissions by the applicant, if any, required by the director. If any QCR
determines that plan does not contain all of the components certified by the
applicant, then the applicant shall pay the city an additional fee of $63.00
for each subsequent submittal for QCR made necessary by applicant's failure to
satisfactorily cure the deficiencies.
If the plan
passes QCR, then the plan shall be submitted for technical review of the plans
and applicant shall pay the initial technical plan review fee in an amount
equal to 3.65 percent of the estimated construction cost. If after the initial
technical review the director determines that there are technical deficiencies
in the plan, the director shall notify applicant of the deficiencies and offer
RCR services, and applicant may resubmit the plan for a second technical review
without an additional review fee. Prior to a second technical review the
applicant shall submit a revised plan for QCR and certify that all of the
necessary plan components, additions, or changes previously noted by the
director are contained in the plan. If any QCR determines that plan does not
contain all of the revised components certified by the applicant, then the
applicant shall pay the city an additional fee of $63.00 for each subsequent
QCR made necessary by applicant's failure satisfactorily cure the QCR
deficiencies. On second technical review and all technical reviews thereafter,
if the director determines that the applicant has failed to satisfactorily cure
the technical deficiencies previously noted on prior technical reviews, then
the applicant shall pay the city an additional resubmittal technical review fee
in an amount equal to 0.30 percent of the estimated cost of construction for
each subsequent technical review made necessary by applicant's failure to
satisfactorily cure such deficiencies.
If after the
technical review the director determines that the plan application is in
substantial compliance with city's regulations and adopted standards, the
director shall notify applicant of application approval for permit issuance.
The applicant shall pay the permitting fee in an amount equal to 4.75 percent
of the estimated cost of construction and procure all required permits as
provided in subsection (h)(1). The determination that the plan is in compliance
with city regulations does not imply that the city is guaranteeing specific
outcomes nor is the city accepting any responsibility for the plan.
(4) Minor infrastructure reviews and permit
fees. As a condition for issuance of any permit pursuant to this
section for new sidewalks, driveways, curbs and gutter sections, the basic
plan, permitting services, supervision and inspection fee shall be an amount equal
to seven percent of the estimated cost of the new work, but in no case shall
the fee be less than $150.00. As a condition for issuance of any permit under
this section for the repair or replacement of existing sidewalks, driveways,
curbs and gutter sections, the basic plan fee for initial permitting services,
supervision, and inspection services shall be an amount equal to five percent
of the estimated cost of the repair or replacement, but in no case shall the
fee be less than $150.00.
(5) Sidewalks and driveways. Where
authorization for the construction of sidewalks and driveways within street
rights-of-way, required by ordinance, adjacent to any lot for which a
residential building is proposed, is included in a building permit, such fee
shall be $78.00 for interior lots and $118.00 for corner lots. Such fees shall
be collected as part of the building permit fee.
(6) Supplementary fees. The fee for a
supplementary review and special permit to cover any additional value or scope
of work not included in the original permit shall be the difference between the
fee paid for the original application or permit and the fee which would have
been required had the original application or permit included the entire value
and scope of the work. The minimum supplemental special permit fee assessed
shall be $1,000.00.
(7) Optional preliminary code review meetings
or consultation services. When requested by the applicant, meetings
may be conducted to review the requirements and/or codes pertaining to the applicant’s
project and a fee shall be assessed at the time of the meeting based on the
value of the infrastructure improvement as follows:
a. Project total value less than or equal to
$2,000 . . . no fee
b. Project total value greater than $2,000 and
less than or equal to $10,000 . . . $67.00
c. Project total value greater than $10,000 and
less than or equal to $50,000 . . . 131.00
d. Project total value greater than $50,000 . . .
198.00
These fees shall be in addition to any other fees required.
(8) Priority Project review fee. When
priority status is requested by the applicant, a fee of 2 times the fee shall
be assessed. Eligibility for priority status shall be determined by the
director, or director’s designate, based on the complexity of the project and
availability of staff. These fees shall be in addition to any other fees
required.
(9) Changes to Reviewed Plans. Review
of such changes shall be assessed a fee at the time of the review based on the
scope of the review as follows:
a. Minor reviews - changes requiring limited
review . . . $48.00
b. Major reviews - changes requiring review of
design elements . . . 1/2 of basic plan fee
The director or
designee shall have the authority to determine the extent of the changes
requested and the fee which shall apply. This fee shall be in addition to any
other fees required.
(10) Permit extension fee. Applicant
may request an extension of a permit duration and pay a fee sufficient to cover
the additional administrative and inspection costs associated with the
extension. Extension fees shall be individually calculated based on staff
estimates for each permit extension requested.
(11) Reinspection fees. When testing of
infrastructure does not pass on the first inspection, a fee of $67.00 shall be
assessed and no further inspections shall be completed until such fee is paid.
(12) Enforcement fees. When enforcement
actions are necessary above normal notification of deficiencies, a fee shall be
assessed to cover the additional administrative, review and inspection costs of
enforcement actions. The enforcement fees shall be individually calculated
based on staff estimates for each permit and the additional costs spent on the
enforcement. This shall included enforcement actions taken to acquire as-built
records required on sewer permits. These fees shall be in addition to any other
fees required or court fines imposed and paid to the Court.
(13) Payment of fees. All fees shall be
rounded off to the next whole dollar amount. Fees may be waived at the
discretion of the director during times of declared emergency.
(14) Fee refunds. For fees specified in
this section, if no portion of the application for plan review or permit
inspection has commenced, the applicant may request in writing that the
application be canceled. The applicant shall then be entitled to a refund of 90
percent of the applicable fee actually paid, except that a full refund will be
made when the fee was paid or collected in error. If plan reviews or permit
inspections have commenced prior to receipt of a written request for
cancellation of the application for a special permit, then a refund will not be
made. No refund will be made if a request for a refund has been made more than
30 days after the special permit has expired and no work has commenced.
(15) Plans and specifications.
a. Plans for the work shall be prepared by such
owners and submitted to the director for his approval. The plans shall indicate
the location, extent and character of the proposed work, and include an
estimate of the amount of the various materials, installation and services to
be incorporated in the work. The plans shall have cross sections, profiles and
other information as are ordinarily included in plans prepared in the office of
the director for like work. The plans and work shall conform to the standard
specifications of the city for public work of like character.
b. All work shall be subject to the direction and
supervision and to the satisfaction of the director.
(e) Sewer construction.
(1) The grant of a special permit and the
construction of the sewers or appurtenances by owner pursuant to this section
does not exempt the property served by such improvements from any special
assessment issued for the construction of sewers by the city in the districts
or in the joint districts now or hereafter established by the city, and the
city shall not be bound by the owner's construction of any sewerage
improvements to determine whether the properties served by owner's improvements
constitute a separate sewer district or districts. All sewers constructed by
owner pursuant to this section shall become the property of the city upon
acceptance by the director, and the city shall have the right and power to make
use of, to reconstruct or to change such sewers to provide for the proper
sewering of the drainage area.
(2) Nothing in this subsection shall be construed
to mean that the owner or owner's assigns shall be denied the right to use the
sewers up to the approved designed capacities, as approved by the director of
health and the director. Acceptance of the completed Improvements by the
director shall be made only after receipt of reproducible as-built plans.
(3) The director is hereby authorized to refuse
the issuance of building permits or sewer construction permits for any
residence, building or structure where such an addition, as determined by the
director, would result in exceeding the design capacities of the sewers or
sewerage facilities authorized in the special permit. The director may charge
appropriate fees for evaluation of sewer connection requests and issuance of
sewer connection permits to cover the additional administrative review and
permit issuance costs associated with the connection. Connection fees shall be
individually calculated based on staff estimates for each permit connection
requested.
(f) Performance
and maintenance bond.
(1)
The director shall require the permittee to furnish a performance and
maintenance bond, approved by the director of finance, equal to the estimated
cost of the work; unless authorization for the construction of sidewalks and
driveways within street rights-of-way, required by ordinance, has been granted
by inclusion of those improvements in the building permit; and unless the
requirement is waived as provided in subsection (f)(2) and (f)(3) of this
section. The bond shall guarantee performance and completion of the work to the
satisfaction of the director, within a time limit specified on the special
permit. The following types of work shall also require the bond to guarantee
maintenance without the need of any repair for two years:
a.
Grading.
b.
Curb, gutters, sidewalks and driveways.
c.
Portland cement concrete and asphaltic concrete pavement, and other
street appurtenances.
d.
Sewers and appurtenances.
e. Stream buffer protection requirements.
(2) No maintenance bond is required for street lights or site
disturbance activities.
(3) No performance and maintenance bond is required for the
repair or replacement of existing sidewalks, curbs or driveways provided the
sidewalks, curbs or driveways being permitted are not associated with
improvement obligations established under Chapter 88 of the Code.
(4) The director shall accept a single bond in accordance with
the above for a two year period, when said bond covers all required
improvements and guarantees thereto in accordance with Ch. 88-405-21.
(5) The director may take action against the security if the
applicant fails to install, complete or maintain the improvement in accordance
with the special permit and the city's adopted standards for the duration of
the permit. The director will provide the applicant with ten days written notice
before any action is taken against the security.
(g) Indemnification
of city during construction. Before any permit is issued pursuant to
this section, the permittee shall file a bond conditioned to protect and save
harmless the city from all claims for damage or injury or death to other
persons by reason of such construction work; or in lieu of such bond the
permittee may file with the city a certificate of public liability insurance in
favor of the city, indemnifying the city for claims for damage or injury. The
limits and liability of the bond or insurance shall not be less than the
following:
(1) Personal injury, each person: $100,000.00;
(2) Personal injury, each occurrence: $300,000.00;
(3) Property damage, each occurrence: $50,000.00; and
(4) Property damage, aggregate: $100,000.00;
with the bond or insurance
sureties to be approved by the director of finance.
(h) Commencement
of work without permit. Whenever any work for which a special permit
is required by this section has commenced without first obtaining a special
permit, a special investigation may be made before a special permit is issued
for such work and all fees specified for obtaining such permit shall be
tripled. This provision shall not be construed as permission to begin work
without the required permit.
(i) Penalty.
(1) Any person, whether owner, representative,
contractor, subcontractor or foreman, who shall grade, construct, repair,
reconstruct or alter any public street, pavement, curb, gutter, driveway,
sidewalk or sewer within any public way, or any public sewer adjacent to or
running through any private property within a public right-of-way, without
first securing a special permit therefore, issued by the director, shall be
deemed guilty of an ordinance violation, and upon conviction thereof shall be
fined in an amount not less than $50.00 and not more than $500.00.
(2) For every day after the conviction of any person
for the violation, failure, neglect or refusal to comply with any provision,
regulation or requirement of this section, that such violation is continued,
such person shall be deemed and taken to be guilty of a separate and distinct
offense, for which he may be again arrested and tried, and, upon conviction, be
punished as in the first offense.
(j) Adjustment
of fees. The city manager shall have the authority to adjust the fees
listed above, except in Section (d)(3), to reflect the change in the consumer
price index (all items/all urban consumers/Kansas City, Missouri/Kansas)
published by the United States Department of Labor, Bureau of Labor Statistics.
The adjustments, if any, shall be made annually by the city manager in
conjunction with the adoption of the annual budget of the city by filing a
notice with the city clerk.
Sec. 64-113. Excavation
permit required.
(a) Except
for an emergency or when a special permit
has been issued in accordance with Ch. 64-4, no person shall make or
cause to be made any excavation in, through or under any property, right-of-way
or easements owned by the city, unless the person first applies for and the
director issues an excavation permit for that excavation.
(b) Except
for an emergency, if a person shall make or cause to be made any excavation in,
through or under any property, right-of-way or easements owned by the city,
without first filing an application for and obtaining an excavation permit from
the director for that excavation, then the application fee set forth in this
article shall be doubled for that excavation and the charges, therefore, may be
imposed on the person making or causing the excavation.
(c) No
permit issued under this article shall be assignable, and no person shall allow
his name to be used to obtain a permit for any other person.
(d) An
excavation permit is required for emergency excavations. The permit shall be
obtained the next regular business day after the excavation is started.
(e) Excavation
permits shall be conspicuously displayed at all times at the indicated work
site and shall be available for inspection by the director, other city
employees, and the public.
Sec. 64-122.
Issuance, denial or revocation of excavation permits.
(a)
In determining whether to issue or
deny issuance of an excavation permit, or in determining whether to revoke an
existing excavation permit, the direct shall consider the following factors:
(1)
Will the public health, safety and
welfare be endangered.
(2)
The availability of space within the
property, right-of-way or easements owned by the city.
(3)
The availability of other locations
in the property, right-of-way or easements owned by the city for excavation and
work therein.
(4)
Whether the applicant is in
compliance with the terms and conditions of its franchise, this ordinance, and
other applicable ordinances and regulations.
(5)
The extent of disruption to adjoining
property, right-of-way or easements owned by other public entities, residents
and businesses that will result from the excavation.
(6)
Whether the date and duration of the
excavation will conflict with an exhibition, celebration, festival, or any
other event scheduled to use the property, right-of-way or easements owned by the city.
(b) Notwithstanding the above considerations, the director may issue
an excavation permit in any case where the permit is necessary to:
(1) Prevent substantial economic hardship to a user of the
applicant’s service.
(2) Allow such user to materially improve the service
provided by the applicant.
(c) An excavation permit issued under this article is a privilege and
not a right. The city may revoke an excavation, without refund of the
application fee, in the event of a substantial breach of the following terms
and conditions:
(1) The violation of any material provision of the
excavation permit.
(2) An evasion or attempt to evade any material requirement
of the excavation permit.
(3) Any material misrepresentation of any fact in the
permit application.
(4) The failure to maintain the required bond or insurance.
(5) The failure to complete the work within a reasonable
time.
(6) The failure to correct a condition indicated on an
order issued by the director pursuant to this ordinance.
(7) Repeated failure to install and maintain required
traffic control devices.
(8) Failure to repair the property and facilities owned by
other parties including the city.
(d) If the director determines that
the permittee has committed a substantial breach of any law or condition placed
on the excavation permit, the director shall make a written demand upon the
permittee to remedy the violation. The demand shall state that the continued
violation may be cause for revocation of the permit, or legal action if
applicable. A substantial breach shall be grounds for the director to modify
conditions placed on the excavation permit in order to cure permittee’s breach.
Within 5 business days after service of a notice of the breach, permittee shall
submit a plan for correction of the breach to the director. The director shall
review the plan submitted by the permittee and determine what method of
correction and modification of conditions placed on the excavation permit is in
the best interests of the public health, safety and welfare. Permittee’s
failure to submit a plan for correction of the breach shall be cause for
immediate revocation of the excavation permit.
(e) If an excavation permit is
revoked, the permittee shall reimburse the city for the city’s reasonable
costs, including administrative costs, restoration costs and the costs of
collection incurred in connection with the revocation.
___________________________________
Approved as to form and legality
_________________________________
Sarah Baxter
Assistant City Attorney