The following terms shall have the meanings ascribed to each for purposes of this Article:

(a)   100-YEAR FLOOD. A flood event having a one percent (1%) probability of occurring in any given year.

(b)   ACCESSORY STRUCTURE. A structure subordinate to a Primary Structure and located on the same property as the Primary Structure.

(c)   AGRICULTURE STRUCTURE. A structure designed and built for agriculture purposes.

(d)   AGRICULTURE / ACCESSORY SERVICE DRIVE An access, drive designed to service an Agricultural or Accessory Structure as defined by this code.

(e)   APPROVED TURN-A-ROUND. A turn-a-round, which will allow the turning of a large vehicle in no more than two maneuvers.

(f)   APPROVED TURNOUT. An area on a Service Drive that widens to allow for the simultaneous, safe passage of two large vehicles where the Service Drive is otherwise too narrow to allow for such maneuvers.

(g)   DRAINAGE AREA. The area of land that would contribute drainage to the drainage structure as expressed in acres and/or square miles.

(h)   DRAINAGE STRUCTURE. A structure, including but not limited to, a metal culvert, concrete culvert, concrete box or bridge which is designed for the discharge of storm water.

(i)    FLOOD INSURANCE RATE MAP (FIRM). The official floodplain maps of the County that are issued by Federal Emergency Management Agency.

(j)    MULTI-SERVICE DRIVE. A service drive that services two or three lots or tracts of land each containing one primary structure.

(k)   PRIMARY STRUCTURE. A structure that is designed and built for the purpose of providing shelter and safety for people who live within it.

(l)    SERVICE DRIVE. A private road, drive or driveway utilized to access one or more lots or tracts of land.

(m)  SINGLE SERVICE DRIVE. A service drive that services only one lot or tract of land.

(Ord. 1629-09)

A Service Drive shall be constructed and maintained when a Primary, Agriculture, or Accessory Structure is: (1) sited; (2) being built; or (3) being moved onto a lot or tract; and any part of the structure is more than two hundred feet (200’) from the edge of a City of Kechi, County or Township road or an existing Service Drive meeting the requirements of this code and located within the city limits of the City of Kechi, Kansas

(Ord. 1629-09)

An application and inspection fee in the amount of $50.00 shall be remitted when building permit application is made.

(Ord. 1629-09)

All Service Drives shall comply with the following requirements:

(a)   Dimensions and Composition.

(1)   Service Drives shall maintain a minimum vertical clearance of thirteen feet, six inches (13’6”).

(2)   The driving surface shall be designed to withstand a minimum weight of forty six thousand (46,000) pounds and must support this weight during times of inclement weather.

(3)   Any gates, entryways, poles, barriers or other obstructions located on a Service Drive shall be set back from the City of Kechi, County or Township road driving surface a minimum of thirty feet (30’).

(4)   Compliance with Service Drive requirements will be evaluated whenever an additional Primary Structure utilizing the Service Drive is constructed or sited.

(5)   The surface is to be of an all weather surface material consisting of dust free rock or gravel, ground asphalt, laid asphalt or concrete. Exception: Commercial and Industrial site service drives MUST be laid asphalt or concrete.

(6)   The surface shall be applied to a minimum of four inches (4”) in depth consistently over the entire driving surface. Dust free gravel, if utilized, must be compacted.

(7)   All distances of one hundred (100) feet or more as used in this article shall be measured using the most direct route via travel by ground.

(b)   Maintenance.

(1)   A maintenance covenant must be in effect for maintenance of a Multi-service Drive and for those service drives not owned by the same person or entity as the serviced property. The covenant must be recorded with the Sedgwick County Register of Deeds. An easement indicating access rights for the property served shall also be recorded with the Sedgwick County Register of Deeds. The building permit applicant shall present to the City of Kechi Department of Code Enforcement a Register of Deeds stamped copy of the maintenance covenant and a Register of Deeds stamped copy of the easement indicating access rights, along with any additional documents required.

(2)   The owner of the property served by a Service Drive shall be responsible for constructing and maintaining the drive to the approved standards within this Article.

(3)   If a Service Drive extension is eligible to be approved but another connecting Service Drive has not been maintained in accordance with this Service Drive Code, the Service Drive extension will not be approved until the connecting Service Drive has been brought into compliance with the Service Drive requirements.

(4)   A Service Drive that cannot be installed in accordance with this code due to the location on property, topography, waterways, non-negotiable grades or other similar conditions may be reviewed by the Kechi Building Code Enforcement Officer for consideration of approval by means of an alternative access. Any decisions made by the Kechi Building Code Enforcement Officer may be appealed to the Kechi Governing Body.

(5)   Service Drive access to Primary, Agriculture, and Accessory Structures shall be provided and maintained in accordance with this code.

(6)   If a bridge is required for access, it must be designed, constructed and maintained in accordance with the American Association of Highway and Transportation Officials current standards for an HS 20 loading. The bridge must be designed by a Licensed Engineer and the plans, specifications and design documentation must be submitted for review to the City of Kechi Department of Public Works prior to construction. Prior to approval of the completed service drive and bridge, the design engineer must provide certification to the Department of Public Works that the bridge has been constructed in accordance with the plan. The minimum clear width of the bridge shall be fourteen feet (14’). The Service Drive may be reduced to fourteen feet (14’) in width at the approaches to the bridge. The required drive width throughout the remainder of the length of the drive shall be maintained as otherwise required in this article.

(7)   If the Service Drive goes through any portion of land designated in the 100 -year floodplain for Kechi, the installation of all culverts, bridges or similar crossings are to be approved by the floodplain manager for the City of Kechi. In addition, all local, state, and federal floodplain requirements must be met and all necessary permits must have been obtained prior to construction of the Service Drive or the crossing structure.

(8)   Any Service Drive that is serving or has the potential to serve four or more lots or tracts shall be constructed and maintained to public road standards as determined by Kechi Public Works.

(c)   If the Service Drive or the structure it serves is within a floodplain, the building permit applicant must comply with the provisions of this Article.

(Ord. 1629-09)

Service drives servicing primary structures shall comply with the following requirements:

(a)   Service Drives shall maintain a minimum driving surface width of twenty feet (20’) for the continuous length of the drive. The twenty-foot (20’) width does not include ditches, shoulders, or similar structures but actual driving surface only.

(b)   Service drives shall include an Approved Turn-A-Round within two hundred feet (200’) of each Primary Structure.

(c)   A detailed site plan is required for all lots or tracts where a Primary Structure is constructed or moved into or within the City of Kechi. The building permit applicant shall submit a site plan to the Kechi Building Code Enforcement Officer prior to beginning construction. The Code Enforcement Officer shall not accept a site plan unless it indicates the following: all boundaries, easements, setbacks, primary structure footprint, additional structure footprints, streets, driveways and service drives, distance of structures from streets or roads, including, the measurements and dimensions thereof. The site plan shall be legible and certified by the applicant that the site plan is accurate and conforms to the requirements of this article.

(Ord. 1629-09)

(a)   City of Kechi public roads shall be named as assigned by the Address Coordinator. Structures shall be addressed as required by the Address Coordinator. In addition, addresses shall be posted at the point where the Service Drive departs from a Kechi, Sedgwick County or Township road and at the point where a Service Drive departs from another Service Drive.

(b)   The addresses of all structures accessed via a Service Drive shall be posted at the entrance to the Service Drive where it departs from the Kechi, Sedgwick County or Township road.

(c)   All addresses shall be readily visible from the driving surface in either direction and shall be placed on a contrasting background.

(Ord. 1629-09)

Service Drives servicing agriculture and accessory structures shall meet the following requirements:

(a)   Sleeping or cooking is not permitted in Agriculture and Accessory Structures at any time. Sleeping, living or cooking areas shall not be provided therein.

(b)   Agriculture and Accessory Structures eight hundred (800) square feet or less in size do not require a Service Drive.

(c)   Service drives servicing Agriculture and Accessory Structures shall have a driving surface that is constructed and maintained with a width of not less than fourteen feet (14’).

(d)   Service Drives over five hundred feet (500’) in length must have an Approved Turnout which is not less than thirty feet (30’) wide and seventy feet (70’) in length for every five hundred feet (500’) in length. The approved turnout must comply with the minimum dimensions and requirements found in Exhibit A.

(e)   An Approved Turn-a-round is required on all service drives five hundred feet (500’) or longer. The Approved Turn-a-round shall not be located more than two hundred feet (200’) from the most distant point of the structure. Dimensions shown on Exhibit A must be strictly adhered to. Turn-a-rounds with configurations other than those shown on Exhibit A will be evaluated by the Department of Code Enforcement on a case-by-case basis.

(f)   A site plan will be required for all Agriculture and Accessory Structures over eight hundred (800) square feet in size. The site plan shall indicate all easements, setbacks, structure locations and sizes, geographical obstacles, Single and Multi-Service Drives and their dimensions.

(g)   Any project not constructed as designed in accordance with this code, shall not be granted a Certificate of Occupancy of any type and the permit applicant will be subject to enforcement proceedings as provided in this Article and/or additional legal proceedings.

(Ord. 1629-09)

(a)   The Service Drive shall be completed, inspected, and approved by Kechi Building Code Enforcement Officer, prior to or at the time of the framing inspection. If the drive has not been constructed and approved by that time, Kechi Building Code Enforcement Officer will issue a stop work order and all work on the project will cease until approval of the service drive is completed.

(b)   The Service Drive shall be re-inspected at the time of final inspection of the structure and shall meet all of the requirements of this ordinance before a certificate of occupancy will be issued.

(c)   Any project not constructed with a Service Drive meeting the requirements of this code shall not be granted a Certificate of Occupancy of any type and the permit applicant will be subject to enforcement proceedings as provided in this Article and/or additional legal proceedings.

(Ord. 1629-09)

(a)   The Kechi Building Code Enforcement Officer shall have the following authority to obtain compliance with the Service Drive Code and may exercise discretion in implementing any or all of the following enforcement methods:

(1)   Issue a uniform complaint to the permit applicant for violation of this article.

(2)   Issue a “STOP WORK ORDER” on the building project until such time the service drive is brought into compliance.

(3)   Initiate any additional legal action, including but not limited to, abatement, injunction, or other equitable relief.

(b)   It shall be unlawful for any person, firm, corporation, or other entity to construct or maintain a Service Drive in violation of this Article. Each day of a violation shall constitute a separate offense.

(c)   Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100.00 dollars, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the City of Kechi or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

(d)   Officials of the City of Kechi and any code enforcement officer or law enforcement officer being duly authorized and having jurisdiction in the City of Kechi shall have the power to sign, issue and execute a uniform complaint and notice to appear in Municipal Court to any person violating any provision of this Article.

(Ord. 1629-09)

Nothing in this Article shall be construed to limit or prevent the City of Kechi or any other person from pursuing any other remedies available at law or in equity to enforce the provisions of this Article.

(Ord. 1629-09)

In floodplain management areas where any part of a structure is located more than 200 feet from a publicly maintained road, the owner of such structure shall provide for all weather access for emergency vehicles to such structure. The purpose of this requirement is to help prevent or reduce loss of life, personal injury, and property damage during times of high water or floods.

(Ord. 1629-09)

For all new and reconstructed drainage structures that are served by any Service Drive crossing a drainage way, swale, stream, creek or river, the following design standards and rules shall apply:

(a)   If a Service Drive crosses or encroaches a mapped floodplain as defined or described on the Flood Insurance Rate Map (FIRM) for the City of Kechi, the building permit applicant will be required to apply for and obtain a permit as provided for in Article 3, Administration, of the City of Kechi Floodplain Management Ordinance.

(b)   All Service Drives crossing a drainage pattern swale, stream, creek or river having a drainage area of two hundred forty (240) acres or more must comply with K.S.A. 24-126 (and amendments thereto), K.S.A. 8:a-301 through 82a-305a (and amendments thereto), and all other applicable laws. These requirements include applying for and receiving any and all permits as required by the state Division of Water Resources. If a state permit is required, it must be applied for and obtained before a city development permit will be issued.

(Ord. 1629-09)

In order to provide the City of Kechi Building Code Enforcement Officer with sufficient information, to properly evaluate the proposed Service Drive, the building permit applicant shall submit the following documentation to the Building Code Enforcement Officer.

(a)   A topographic map of the area prepared by a registered land surveyor and having the following minimum requirements:

(1)   Scale must not be less than one inch (1”) to one hundred feet (100’); contour intervals must not be greater than two feet (2’);

(2)   Easement limits for all service drives must be indicated; and

(3)   A benchmark (a known elevation) shall be established within the area being developed and shall be referenced on the topographic map.

(b)   A plan and a profile of the proposed Service Drive and any drainage improvements which have been prepared by a licensed engineer. The plan and profile shall have the following minimum requirements:

(1)   The benchmark, as required herein, shall be indicated on the Service Drive and drainage improvement plans; and

(2)   The existing profile along the centerline of the proposed Service Drive shall be indicated.

(Ord. 1629-09)

(a)   The Service Drive and drainage structures must be designed by a licensed engineer to prevent road overflow, backwater on other properties, and erosion. Service Drives must be constructed to an elevation that is one foot (1’) above the Base Flood Elevation or the l00-year flood event. The drainage structures that are placed under the road must be capable of passing the 100-year flood event without road overflow.

(b)   Prior to construction of a Service Drive crossing a mapped floodplain or drainage pattern that requires a state permit, a copy of the permit as well as a set of engineered plans must be presented to the Kechi Building Code Enforcement Officer for review before a development permit will be issued.

(c)   The plans for the proposed Service Drive must show hydrologic and hydraulic data, drainage area, coefficient of runoff, design intensity, design runoff, design velocity, design flow depth, flow line profile for approximately fifty feet (50’) up and down stream and the road profile over the drainage structure. This engineering data must be designed and sealed by a licensed engineer.

(Ord. 1629-09)

The Kechi Governing Body shall hear and decide appeals of orders, decisions or determinations that are trade relative to the application and interpretation of this code. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a copy to the Kechi Building Code Enforcement Officer.

(Ord. 1629-09)

All notices of appeal shall be made in writing to the Kechi Building  Code Enforcement Officer within ten (10) calendar days of the pronouncement of the decision being appealed from, or be forever barred. An appeal application fee of one hundred dollars ($100.00) shall accompany the notice of appeal.

(Ord. 1629-09)

An appeal shall be based on a claim that the intent of this code or the rules legally adopted there under has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board of examiners and appeals shall have no authority to waive requirements of this code. In making its decision, the board of examiners and appeals shall consider the degree of safety to be achieved and any resulting detriment to the public welfare. The board of examiners and appeals shall use the current City of Kechi Fire Code as the nationally recognized standard. The board, in cooperation with the fire chief and the Kechi Code Enforcement Officer shall review the Kechi Service Drive Code as deemed necessary and appropriate and make a report to the Governing Body of the City of Kechi regarding recommendations for changes thereto.

(Ord. 1629-09)

All rights and remedies of the City of Kechi, and the property owners and residents thereof, are expressly saved as to any and all violations of any prior Fire Access Road regulation, ordinances, or codes that have accrued at the time of the effective date of this ordinance. The city shall have all the enforcement powers that existed prior to the effective date of this Article as to all such accrued violations.

(Ord. 1629-09)

Should any section, clause or provision of this Article be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

(Ord. 1629-09)