[Ord. No. 2765 § 1, 5-19-2014[1]]
This Chapter shall be known and cited as the "Subdivision Code
of the City of Centralia, Missouri."
[1]
Editor's Note: Section 1 of this ordinance repealed former
Ch. 30.1, Subdivision of Land, as adopted and amended by Ord. No.
1177 §§ 1 — 14, 16, 3-23-1981; Ord. No. 1372
§ 1, 6-15-1987; Ord. No. 1612 § 1, 5-20-1991;
Ord. No. 1939 §§ 1 — 2, 1-20-1997; Ord. No. 1940
§ 1, 1-20-1997; Ord. No. 1949 § 1, 2-18-1997;
Ord. No. 2029 § 1, 9-21-1998; Ord. No. 2090 §§ 1
— 2, 11-15-1999; Ord. No. 2176 §§ 1 — 2,
11-19-2001; Ord. No. 2237 § 1, 4-28-2003; Ord. No. 2334
§ 1, 3-7-2005.
[Ord. No. 2765 § 1, 5-19-2014]
A.
ADA
ALLEY
AS-BUILT PLANS
BOARD
BUILDING LINE
CITY
CITY ADMINISTRATOR
COMMISSION
COMMON LAND
CONDOMINIUM
CUL-DE-SAC
DETENTION
DEVELOPER
EASEMENT
ESCROW AGENT
FLOODPLAIN
LOT
LOT, FLAG
1.
2.
LOT OF RECORD
OWNER
PLAT
1.
2.
3.
PUBLIC IMPROVEMENTS
RIGHT-OF-WAY
STREETS
1.
2.
3.
4.
5.
6.
7.
8.
SUBDIVISION
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
The Americans with Disabilities Act, the ADA Amendments Act
of 2008, and the national and State accessibility standards and regulations
enacted pursuant thereto.
A minor way which is used primarily for vehicular service
access to the back or side of properties abutting on a street.
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the land involved.
The governing body of the City, the Board of Aldermen.
A line or lines on a plat designating the area adjacent to
the street right-of-way, inside of which no building or structure
may be erected.
The City of Centralia, Missouri, a municipal corporation
which, territorially, shall include all land within the corporate
limits of the City as such limits now exist or may from time to time
be extended or retracted.
City Administrator of the City, or his designated representative.
The Planning and Zoning Commission of the City.
That private land set aside for open space, including stormwater
drainage area, retention lake, ponding, or recreational use areas
for the owners of lots in a subdivision, which land is conveyed for
the benefit, use, and enjoyment of the lot owners of the subdivision.
A form of property ownership under the Condominium Property
Act, Chapter 448, Revised Statutes of Missouri.
A street terminated at one (1) end by a widened pavement
for the safe and convenient reversal of traffic movement.
The temporary storage of the differential runoff of stormwater
by providing permanent facilities.
Any person, partnership, firm, corporation, association,
trust, estate or political subdivision or other government entity
who will be subdividing and improving land pursuant to the requirements
of this Chapter. The terms "subdivider," "owner," and "proprietor"
shall have the same definition as developer unless the context requires
otherwise.
A grant of the use of specified land for limited, specific
purposes by the property owner to the City or the public, or to any
person or other private party or legal entity.
A title insurance company, bank, savings and loan association,
trust company, attorney, or any other person or agency approved by
the City Attorney to act as escrow agent under the provision of this
Chapter.
That area within the City subject to a one-percent or greater
chance of flooding in any given year. This area is designated on the
Federal Emergency Management Agency Flood Insurance Rate Map (FIRM)
or Flood Hazard Boundary Map (FHBM) for the City and County.
A parcel or tract of land, or a proposed parcel or tract
of land, distinguished from other parcels or tracts of land by legal
description by metes and bounds or on a survey or plat, or on a proposed
survey or plat. When a portion of a tract of land is acquired for
street, highway or other public purposes, such division of ownership
shall not affect the remainder of the tract in meeting the definition
of a lot so long as the original tract met the definition of a lot.
A residential lot with two (2) discernible portions described
as follows:
Access portion. That portion of the lot having
frontage on or abutting a public road, with the frontage being sufficient
in width for a private drive to serve the building site portion.
Building site portion. That portion of the
lot not fronting on or abutting a public road, but connected to a
public road by the access portion of the lot. The building site portion
of the lot must meet the minimum dimensions and area requirements
for lots in the applicable zoning district.
A lot or tract in the Original Town of the City or in a subdivision
or addition of the City described in a deed, survey or plat recorded
in the Office of the County Recorder of Deeds, or a lot or tract in
the City described by metes and bounds in a deed, survey or plat recorded
in the Office of the County Recorder of Deeds as of March 23, 1981,
or thereafter, or was a legal lot or parcel of land when annexed to
the City.
A person, firm, trust, estate, political subdivision or other
governmental entity, association, partnership, corporation, or any
other legal entity, or agent of any of them, having sufficient proprietary
interest in any land sought to be subdivided to commence and maintain
proceedings to subdivide land under the provisions of this Chapter.
See definition of "Developer."
A drawing or map of the land proposed to be subdivided.
Sketch Plat: A drawing of the proposed subdivision, not necessarily to scale, but indicating general topographic features and the general layout of the proposed subdivision, according to the requirements of Section 30.1-5.
Preliminary Plat: The preliminary map indicating the proposed layout of the total subdivision, so designated on the plat and meeting the requirements of Section 30.1-6.
Final Plat: The final map of all or a portion of the subdivision, so designated on the plat and meeting the requirements of Section 30.1-11, and prepared for official recording with the County Recorder of Deeds.
Any drainage ditch, roadway, parkway, storm sewer, sanitary
sewer, water main, electric facility, sidewalk, walkway, tree, lawn,
off-street parking area, or improvement, or other facility for which
the City may assume the responsibility for maintenance and operation,
or which may constitute an improvement for which City responsibility
is subsequently established by the Board.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary sewer main, or for other similar uses.
The usage of the term "right-of-way" for land platting purposes shall
mean that right-of-way hereafter established and shown on a final
plat to be separate and distinct from lots or parcels adjoining such
right-of-way, and not included within the dimensions or areas of such
lots or parcels.
Arterial Street: A roadway used primarily for
inter-City travel or for fast or heavy traffic, including State Highway
22, State Highway 124, and State Highway 151.
Subarterial Street: A roadway used for inter-City
travel or for fast or heavy intra-City traffic, including all streets
designated as major thoroughfares or freeways and not otherwise designated
as an arterial street.
Collector Street: A street used to carry traffic
between residential neighborhoods, or from residential neighborhoods
to arterial or subarterial streets.
Local Residential Street: A street used primarily
for access to abutting residential property.
Local Non-Residential Street: A street used
primarily for access to abutting commercial or industrial property.
Estate Lane: A street used primarily for access to abutting, low-density, residential properties where the subdivision meets the criteria set forth in Subsection (B) of Section 30.1-18 of this Chapter.
Frontage Road: A street constructed to be physically
separated from an adjacent, limited-access arterial or subarterial
street and used to provide access to abutting property.
Private Street: A private way which affords
the principal means of vehicular access for internal circulation within
a lot or parcel.
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A.
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The division of land into two (2) or more smaller lots, tracts,
parcels or other divisions of land or the relocation of a property
line for the purpose of building development, transfer of ownership
and/or the dedication or establishment of a public street or roadway;
provided, however, the term "Subdivision" shall not include:
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1.
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The division of land into two (2) lots, tracts or parcels, each
of which is greater than five (5) acres; and
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2.
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Any public street or roadway dedicated or established, if the
Board by ordinance specifically declares that such dedication or establishment
shall not be subject to the provision of this Chapter, which said
ordinance may be conditioned on the public street or roadway being
designed and constructed in a manner specified in the ordinance and
that such other conditions as specified in the ordinance are complied
with by the owner dedicating or establishing the public street or
roadway; except, no such ordinance shall be necessary for land acquired
by the City to widen an existing right-of-way.
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B.
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The term "subdivision" shall include resubdivision and, when
appropriate to the context, shall relate to the process of subdividing
or the land subdivided.
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C.
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A "subdivision" shall be classified as either a lot split, a
minor subdivision, or a major subdivision, defined as follows:
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1.
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Lot Split: A division of a lot or tract into two (2) lots or the revision of the lot line between two (2) lots meeting the criteria of Section 30.1-12 and thus being exempt from this Chapter's provisions on major and minor subdivisions.
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2.
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Minor Subdivision: Any subdivision not classified
as a lot split, not containing more than five (5) lots and not involving
any new street or roadway.
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3.
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Major Subdivision: Any subdivision not classified
as a lot split or a minor subdivision.
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[Ord. No. 2765 § 1, 5-19-2014]
A.
No owner, or agent of the owner, of any land located within the City,
knowingly or with intent to defraud, may transfer, sell, agree to
sell or negotiate to sell that land by reference to or by other use
of a plat of any purported subdivision of the land before the plat
has been approved by the Board and recorded in the Office of the County
Recorder of Deeds, unless the owner shall disclose that such plat
has not been approved by the Board, and the sale is contingent upon
the approval of the plat by the Board. Any person violating the provisions
of this Section shall forfeit and pay to the City a penalty not to
exceed three hundred dollars ($300.00) for each lot transferred or
sold or agreed or negotiated to be sold; and the description by metes
and bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
B.
No plat of any subdivision shall be entitled to be recorded in the
Office of the County Recorder of Deeds or have any validity until
it shall have been approved in the manner prescribed by this Chapter
and the Revised Statutes of Missouri and all property taxes and special
assessments, if any, against such land have been paid. In the event
any such unapproved plat is recorded, it shall be considered invalid,
and the Board may institute proceedings to have the plat voided by
ordinance.
C.
No changes, erasures, modifications or revisions shall be made in
any plat or a subdivision after approval has been given by the Board
and endorsed in writing on the plat, unless the plat is first resubmitted
to the Board; except that the City Administrator shall have the authority
to grant adjustments for mathematical corrections.
D.
The City Administrator shall not issue a building permit or moving
permit or any structure on a lot in a subdivision of which a plat
has not been approved and recorded in the manner prescribed herein.
[Ord. No. 2765 § 1, 5-19-2014]
B.
Following review and approval of the sketch plat by the Commission, a preliminary plat shall be prepared pursuant to Section 30.1-6 for all major subdivisions, but need not be prepared for minor subdivisions.
C.
Following approval of the preliminary plat by the Commission, improvement plans shall be prepared pursuant to Section 30.1-7 for all major subdivisions.
D.
A final plat shall be prepared for all major and minor subdivisions pursuant to Section 30.1-11. The final plat shall be prepared consistent with the improvement plans.
E.
Lots in a major subdivision may be developed in separate tracts or
sections (also known as "phased development"), which shall be successively
numbered and identified under the name of the subdivision as plat
one, two, three, etc. In such instance, a registered land surveyor
shall prepare a sketch plat and then a preliminary plat of the entire
contiguous property under single ownership, showing the approximate
location of all arterial streets and/or highways, collector streets
and the public sanitary sewer and storm sewer drainage facilities
contemplated and reasonably required to serve the entire major subdivision.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Contents. Data furnished in or with a sketch plat
for a major subdivision or minor subdivision shall be as follows:
1.
The name of the proposed subdivision (which shall not duplicate or
sound like the name of any other subdivision, any existing or platted
street, or any established business or development in Boone County),
the name or names of the owner and all adjoining property owners as
disclosed by the most recent tax records.
2.
North point.
3.
Subdivision boundaries and approximate dimensions.
4.
Proposed general street and utility layout.
5.
Proposed general lot layout.
6.
All existing streets and roads, wet and dry weather streams, floodplain
areas, sink holes, wetlands, and structures within the proposed subdivision
and within two hundred (200) feet therefrom, or less as required by
the City Administrator.
7.
Significant topographical or physical features as may be necessary
or required by the City Administrator, including those which extend
beyond the limits of the property to be subdivided.
8.
The most recently available aerial photograph or assessor map at
an appropriate scale for analysis purposes. This map may be used to
identify the topographical and physical features in Subsection (A)(7)
above, if those features are identifiable.
B.
Submission Procedure.
1.
The developer shall submit to the City Administrator ten (10) copies,
or one (1) physical copy and one (1) electronic copy in an acceptable
electronic format, of a sketch plat as described in Subsection (A)
of this Section for the proposed subdivision.
2.
The City Administrator shall give the developer at least five (5)
days' notice of the date, time and place of the next meeting
of the Commission wherein the sketch plat shall be reviewed by the
Commission. In addition, the City Administrator shall notify the public
of the submission of the sketch plat and the review of that plat at
a Commission meeting by public notice in a newspaper of general circulation
within the City, at least five (5) days before said Commission meeting.
3.
The developer or his designated representative shall appear and be
heard. Then the Commission shall conduct a public hearing at which
other interested persons may appear and be heard regarding the subdivision
sketch plat. As far as may be practical on the basis of the sketch
plat and the public hearing, the developer will be informally advised
of the extent to which the proposed subdivision conforms to the requirements
of this Chapter.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Contents. Following review of the sketch plat by
the Commission, a preliminary plat shall be prepared by a registered
land surveyor, clearly and legibly drawn, in ink, on eighteen-inch-by-twenty-four-inch
or twenty-four-inch-by-thirty-six-inch sheets at a scale no less than
one (1) inch equals one hundred (100) feet. When necessary, the plat
may be on several sheets, accompanied by an index showing the entire
subdivision. The plat shall contain the following:
1.
The name of the subdivision, its classification, and submission date.
2.
A north point and graphic scale.
3.
The location of all existing property lines and adjoining streets
and alleys.
4.
A location map showing the proposed subdivision and its relationship
to the surrounding area.
5.
The approximate dimensions of each boundary line of the property.
6.
The township, range, and section numbers of the land; if the plat
is a section or tract of a subdivision, the identification by section
or tract number.
7.
The area of the subdivision to the nearest one-tenth (1/10) of an
acre and the approximate area in square feet of minimum and maximum
size of lots, if less than one (1) acre in area, and in acres and
tenths of acres if one (1) acre or more in area.
8.
The proposed lot layout, proposed use of lots, location and width
of all streets and alleys, including those adjacent to the subdivision,
and the zoning districts according to the current zoning map of the
City.
9.
The location of existing and proposed sidewalks and pedestrian walkways.
10.
The location of all sanitary sewers, water mains, gas mains, and
other pertinent utilities.
11.
The location and direction of flow of all watercourses, storm sewers,
culverts, both existing and proposed.
12.
The locations of any other pertinent features within the area to
be subdivided and in the adjoining streets or alleys.
13.
The location, dimensions, and purpose of all easements and commons
areas, both public and private.
14.
The location of proposed building lines and setback requirements, if more restrictive, than those required by the zoning provisions of Chapter 31 of the Centralia City Code.
15.
The proposed type of treatment or method of sewerage disposal, if
not the City sanitary sewer system.
16.
If the developer intends to subdivide any portion of the land into a group housing project, planned business district, planned trailer court district or other project being developed under a special zoning procedure, section, or conditional use permit section of Chapter 31 of the Centralia City Code, then the preliminary plat shall, in addition, include the following data:
17.
The locations and names of adjacent subdivisions.
18.
The boundaries of the one-hundred-year flood zone and areas of special
flood hazards, if any, and any proposed alteration, adjustment, or
change in the elevation or topography of any area within the one-hundred-year
flood zone or of special flood hazards, as shown on the current Federal
Emergency Management Agency's Flood Hazard Boundary Map or Flood
Insurance Rate Map. Development of lots within the floodplain shall
require approval of a floodplain study prepared by a registered engineer.
19.
The names of all the owners of the subdivision, including the names
of the officers of any corporate owner or the names of the managing
member(s) of an owner limited liability company.
20.
A statement of approval for the Commission with the signature of
the chairperson of the Commission.
21.
A statement of acceptance by the Board with the signature of the
Mayor.
22.
The signature and seal of the registered land surveyor responsible
for preparing the plat.
B.
Submissions And Approval Procedure.
1.
The preliminary plat shall include all contiguous unplatted land
under single ownership or control; however, no more than eighty (80)
acres shall be required to be included in any preliminary plat.
2.
The owner shall submit five (5) prints, or three (3) prints and one
(1) electronic copy in an acceptable electronic format, of the preliminary
plat to the City Administrator, with an additional ten (10) prints,
or three (3) prints and one (1) electronic copy in an acceptable format,
at the time the plat is referred to the Commission.
3.
The City Administrator shall refer the proposed preliminary plat
to the appropriate City departments, together with an indication of
its tentative agenda placement before the Commission, and shall receive
reports from the departments as to the conformance of the proposed
plat with this Chapter.
4.
In addition, the City Administrator may solicit comments from the
Centralia R-6 School District, the Boone County Department of Resource
Management, and any utility proposed to serve the land.
5.
The City Administrator shall request the owner to make such changes
to the plat as are necessary for the plat to conform to the regulations
and design standards contained herein.
6.
The City Administrator shall send the preliminary plat and a report
to the Commission detailing any findings or comments which he believes
are relevant to the consideration of the Commission.
7.
The City Administrator shall give the owner at least five (5) days'
notice of the date, time and place of the next meeting of the Commission.
8.
The Commission shall conduct a review of the preliminary plat. During
said review, the owner or his designated representative may appear
and be heard regarding the plat.
9.
Within forty-five (45) days, or such additional period of time as
the owner consents to in writing, after submission of the preliminary
plat by the owner, the Commission shall act upon the plat and approve,
conditionally approve or disapprove the same.
10.
Failure of the Commission to act within forty-five (45) days after
the submission of the preliminary plat shall be deemed approved, except
that the Commission or City Administrator, with the consent of the
owner, may extend this period to a stated future date.
11.
Commission actions.
a.
If the Commission approves a preliminary plat, a notation to that
effect shall be made on the original tracing.
b.
If the Commission approves the plat conditionally, a notation of
the conditions or a reference to the same shall be entered on the
original tracing itself, and a record of the conditions shall be maintained
in the City Clerk's office.
c.
If the Commission disapproves the preliminary plat, a notation shall
not be made on the original tracing, but the Commission shall forward
a recommendation for disapproval with the reasons therefor to the
Board, and such recommendation and reasons for disapproval shall be
made a matter of record with the City Clerk's office. The Board,
by a vote of not less than five-sixths (5/6) of its entire membership,
may overrule the disapproval.
12.
A preliminary plat may be disapproved, or conditionally approved
for any reasons related to the following:
a.
To the width and/or alignment of streets;
b.
To the type, capacity and location of sanitary sewer and storm sewer
facilities;
c.
To the location and capacity of all public utility facilities;
d.
To the location, width and purpose of easements appearing on the
preliminary plat or required by the City for public use;
e.
To lot sizes and/or lot layout; and
f.
To such other matters as, in the opinion of the Commission, may be
in the public interest.
13.
The preliminary plat shall be forwarded to the Board with the recommendations
of the Commission. The City Administrator shall give the owner at
least five (5) days' notice of the date, time and place of a
meeting of the Board wherein the preliminary plat and the written
report of the Commission shall be reviewed by the Board. The owner
or his designated representative may appear and be heard regarding
the Commission report and the preliminary plat. At that meeting or
at the next Board meeting, the Board shall, by resolution, enter its
order approving, modifying or rejecting the preliminary plat.
C.
Approval of a preliminary plat by the Board shall confer the following
rights for a period of five (5) years beginning from the date of Board
approval:
1.
The terms and conditions under which the preliminary plat was given
approval shall not be changed.
2.
The developer may submit on or before the expiration date the whole
or any part of the subdivision for final approval.
3.
The time for filing of a final plat may be extended by the Board
for a specified period on such terms and conditions as the Board may
approve.
4.
The owner is authorized to prepare the final plat and complete engineering designs, subject to the provisions of Sections 30.1-7 through 30.1-11, but such approval shall not constitute an approval of the plat for purposes of recording, or for the sale and/or development of any lot, tract or parcel of land within the area represented by the preliminary plat.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Following the Board's approval of the preliminary plat or the
Commission's approval of the sketch plat for a minor subdivision,
four (4) copies and one (1) electronic copy in an acceptable electronic
format of the improvement plans for a subdivision, or any part thereof,
shall be submitted to the City Administrator.
B.
Improvement plans for phased development subdivisions shall be reviewed
as though they were being submitted for the complete subdivision.
Certain improvements may be required outside of individual phases
to insure adequate completion of necessary facilities.
C.
Any alterations of common land or improvements within the common
land shall require the submission of detailed improvement plans and
shall be considered a required improvement.
D.
Improvement plans shall be prepared by a professional engineer, in
ink, on sheets not exceeding twenty-four (24) inches by thirty-six
(36) inches at a scale no less than one (1) inch equals fifty (50)
feet horizontally and one (1) inch equals ten (10) feet vertically.
When necessary, the plans may be on several sheets, accompanied by
an index showing the entire subdivision at the largest scale possible.
The improvement plans shall contain the following information:
1.
A title page with the name, address, and telephone number of the
developer and engineering firm.
2.
A location map showing the proposed subdivision, its relationship
to platted and unplatted portions of the subdivision and its relationship
to the surrounding area.
3.
North arrow and graphic scale on each plan sheet.
4.
One (1) or more benchmarks, in or near the subdivision tied into
the Missouri Geographic Reference System.
5.
List of the standards and specifications followed, citing volume,
section, page, or other references.
6.
Street grading and paving details conforming to City standard specifications
and requirements.
7.
Details of streets, including location and width of all proposed
public rights-of-way and easements, existing and proposed sanitary
sewers, drainage channels, swales, storm sewers, including adequate
natural discharge points, detention facilities, water mains, fire
hydrants, utility lines, underground natural gas utility lines, curb
and gutter, and sidewalks.
8.
The signature and seal of the professional engineer responsible for
the improvement plans.
E.
A Missouri Department of Natural Resources land disturbance permit
and a stormwater management plan are required for disturbance of any
area over one (1) acre. The developer shall obtain and comply with
any such permits.
F.
Traffic Analysis.
1.
The City shall conduct a traffic analysis for subdivisions with fewer
than one hundred (100) dwelling units.
2.
The developer shall, at the developer's expense, have a traffic
analysis prepared by a professional engineer for subdivisions with
more than one hundred (100) dwelling units, for commercial subdivisions,
and multiuse subdivisions.
3.
The traffic analysis shall be used to determine road and street capacity
within the proposed subdivision and needed road improvements for public
roads adjacent to, servicing, or providing access to the subdivision.
4.
The traffic analysis shall consist of a written report that shall
include but not be limited to traffic counts for each public road
adjacent to, servicing, or providing access to the subdivision from
the nearest arterial or highway; types of traffic expected and the
effects on the existing roads.
5.
Traffic analysis shall be based upon objective criteria and disclosed
assumptions consistent with generally accepted engineering practices.
6.
All proposed new or improved roads or streets shall be listed by
name and classification and shall specifically describe needed right-of-way
and design specifications.
7.
Upon recommendation of the City Administrator, the Commission in
its discretion may waive, in whole or part, the necessity of a written
traffic analysis report when current adequate motor vehicle traffic
counts are available, when no road improvements are necessary, when
the precise needed improvements have previously been specified, or
in such cases where preparation of such report is unnecessary or unreasonable.
G.
All existing City or County roads adjacent to or providing service
or access to a subdivision shall be improved by the developer in accordance
with the provisions of the Centralia City Code and the recommendations
of the traffic analysis prepared for the subdivision.
[Ord. No. 2765 § 1, 5-19-2014]
The procedure for reviewing and approving improvement plans
shall be as follows:
A.
The City Administrator shall review the improvement plans for conformance
to the City standards contained in this Chapter. If the plans require
approval by private utility companies or County, State or Federal
agencies or departments, the City Administrator may forward the plans
to them.
B.
Nothing in this Chapter shall prevent the developer from submitting
improvement plans to any private utilities or County, State or Federal
agencies or departments prior to improvement plans being submitted
to the City Administrator.
C.
The City Administrator and the involved private utilities or departments
or agencies shall direct such changes to the improvement plans be
made that are necessary for them to conform to the regulations and
design standards contained herein or of the private utilities or agencies
or departments.
D.
The owner shall prepare applications and pay permit fees for any
permits required by utilities, agencies or departments other than
those of the City.
E.
Approval of improvement plans by the City Administrator shall be
valid for a period of time equal to that of the preliminary plat;
however, the City cannot prevent private utility companies or County,
State or Federal agencies or departments from changing their requirements.
A.
After the improvement plans have been reviewed and approved, but
before approval of the final plat, the developer shall either:
1.
Complete required improvements in accordance with the approved plans under the observation and inspection of the City and appropriate agencies referred to in Section 30.1-8; or
2.
Post a land subdivision bond or enter into an escrow agreement to
guarantee required improvements in accordance with the provisions
hereafter set forth. The land subdivision bond or escrow agreement
shall be prepared and executed on forms furnished by the City and
shall be submitted to the Board for approval. The land subdivision
bond or escrow agreement shall be approved by the City Administrator
and the City Attorney prior to being submitted to the Board.
(See also Section 30.1-13).
B.
A land subdivision bond shall be issued by a surety company or a
title insurance company authorized to conduct business within the
State of Missouri and shall insure or guarantee, to the extent of
the amount specified by the City Administrator in his estimate of
the cost thereof, the construction and completion of the required
improvements shown by the approved improvement plan.
C.
An escrow agreement signed by the developer and the escrow agent
shall provide that there shall be deposited with the escrow agent,
to be held in an escrow account by the escrow agent, subject to audit
by the City:
1.
A cash amount equal to one hundred five percent (105%) of the amount
estimated by an engineer retained by the developer or specified by
the City Administrator as his estimate of the cost of the improvements
as reflected by the approved improvement plans; or
2.
An irrevocable letter of credit or commitment from a lending institution
to the escrow agent guaranteeing the availability of a sum which shall
be equal to one hundred five percent (105%) of the amount estimated
by an engineer retained by the developer or specified by the City
Administrator as his estimate of the cost of the improvements as reflected
by the approved improvement plans; any letter of credit shall not
be drawn on any financial institution with whom the developer or a
related entity has any ownership interest or with whom there is any
joint financial connection that creates any actual or potential lack
of independence between the institution and the developer; or
3.
Certificates of deposit, treasury bills, or other readily negotiable
instruments, the type of which has been approved by the City Attorney,
endorsed to the escrow agent and the cash value of which shall be
in an amount equal to one hundred five percent (105%) of the amount
estimated by an engineer retained by the developer or specified by
the City Administrator as his estimate of the cost of the improvements
as reflected by the approved improvement plans, unless the developer
desires certificates of deposit, Treasury bills or other readily negotiable
instruments of a larger amount to be held in escrow.
The escrow agreement further shall itemize each component and
category of the improvements set forth in the approved improvement
plans and shall specify a cost amount for each component and category
of improvement, based on the City Administrator's estimate of
the cost of the improvements as reflected by the approved improvement
plans.
D.
A land subdivision bond or an escrow agreement shall remain in effect
and the escrowed sum shall be held in the escrow account by the escrow
agent until the City Administrator shall, by written authorization
to surety or escrow agent, release the surety from the obligation
of the bond or the escrow agent from the agent's obligation to
retain some or all the escrowed sum in the escrow account as improvements
are completed and approved, pursuant to the provisions set forth below.
As each component or category of improvement is installed and completed,
the City Administrator shall authorize the release from the bond or
amount held in the escrow account, within thirty (30) days of completion
of such component or category of improvement, an amount equal to the
cost of the component or category of improvement, minus a retention
of five percent (5%) of the cost of that component or category of
improvement which shall be released only upon completion of resolution
of the Board. Any such component or category of improvement shall
be deemed to be completed upon receipt by the City Administrator,
in compete and acceptable form, the requisite written certification
of completion of improvement from the City's inspecting agencies
and the Commission. The release shall be deemed effective when the
escrowed funds are duly posted with the United States Postal Service
or other agreed-upon delivery service or when the escrowed funds are
hand delivered to an authorized person or placed as specified by the
developer. If the City has not released the escrowed funds within
thirty (30) days as provided above, the City shall pay the developer
in addition to the escrowed funds due the developer, interest at the
rate of one and one-half percent (1 1/2%) per month calculated
from the expiration of the thirty-day period until the escrowed funds
have been released. The developer shall continue to be responsible
for defects, deficiencies and damage to public streets and other improvements
required during the development of each separate phase of the subdivision.
Release of the escrow agreement and escrow sum does not per se constitute
acceptance of such improvements by the City.
E.
The term of the land subdivision bond or the escrow agreement shall
not exceed two (2) years, subject to the following:
1.
If, at the end of the two-year period, all improvements reflected
by the approved improvement plans have not been completed, the City
Administrator may extend the term of the land subdivision bond or
escrow agreement for a period not to exceed one (1) additional year
at each extension if, after review by the City Administrator, such
longer period is necessary to facilitate adequate and coordinated
provisions for transportation, water, sewerage, schools, parks, playgrounds,
or other public requirements. If improvements have not been completed
at the end of the two-year period or as extended by the City Administrator,
the City Administrator may:
a.
Require the surety to perform on the bond and pay or remit to the
City such amount as shall be equal to the lesser of the amount required
to complete the improvements or the amount not theretofore released;
or
b.
Require the escrow agent to remit to the City in cash or negotiable
instruments constituting the escrow sum, as the case may be, the balance
in the escrow account required to complete the improvements, and the
balance, if any, in the escrow account which exceeds such amount shall
be returned to the developer; or
c.
Require the developer to submit a new land subdivision bond or escrow
agreement which has been recalculated in order to allow for any inflation
in the case of constructing improvements.
2.
If the surety fails to perform on the bond or the escrow agent fails
to remit the amount required within thirty (30) days after written
request, the City Administrator may recommend to the Board that the
City Attorney take immediate action to require performance by the
surety under the bond or to secure the payment by the escrow agents
of the amount required.
F.
To be eligible, escrow agents and sureties shall be approved by the
City Attorney. All corporate escrow agents and sureties shall annually
provide the City with a certificate of good standing issued by the
Missouri Secretary of State. All escrow agents and sureties shall
be subject to spot audits by the City Administrator. If the escrow
agent or surety fails to comply with any of the provisions of the
escrow agreement or the land subdivision bond, the escrow agent or
surety shall not thereafter be allowed to act as escrow agent or surety
for any subdivision improvements in the City for a period of two (2)
years.
[Ord. No. 2765 § 1, 5-19-2014]
After the sanitary sewers, storm sewers, sidewalks, and pavement
have been constructed and installed, but before the City Administrator
recommends acceptance of them by the Board, the developer shall submit
as-built drawings of the above improvements on reproducible Mylar
stock or acceptable electronic format. These drawings shall present
all locations and elevations to survey-grade accuracy, referenced
to the Missouri Geographic Reference System.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Contents. A final plat shall be prepared by a registered
land surveyor, clearly and legibly drawn in ink on eighteen-inch-by-twenty-four-inch
or twenty-four-inch-by-thirty-six-inch sheets of single or double
matte polyester film or an approved equivalent at a scale no less
than one (1) inch equals one hundred (100) feet. When necessary, the
plat may be on several sheets, accompanied by an index showing the
entire subdivision. The plat shall contain the following:
1.
The title of the subdivision; plat number, if there are to be multiple
plats with the same name; plat classification; and the submission
date of the plat.
2.
The north arrow, graphic scale, legend, and reference bearing.
3.
For major subdivisions, a benchmark with location and elevation referenced
to the Missouri Geographic Reference System.
4.
A location map showing the subdivision, its relationship to platted
and unplatted portions of the subdivision, and its relationship to
the surrounding area.
5.
A legal description of the property to be subdivided, including a
reference to the owner's deed with a metes and bounds description
for previously unsubdivided land.
6.
The area of the subdivision to the nearest one one-hundredth (1/100)
of an acre.
7.
The dimensions of each boundary line of the property.
8.
The location and designation of all lots, common land and any areas
other than streets to be dedicated for public use and their intended
public use, together with all pertinent dimensions.
9.
All lots to be consecutively numbered; however, lot letters are encouraged
for resubdivisions.
10.
The area of all lots greater than one (1) acre to the nearest one
one-hundredth (1/100) of an acre.
11.
Names of all streets and widths of all rights-of-way, including streets
adjacent to the subdivision.
12.
The dimensions of all lots and common areas.
13.
The locations, dimensions and purpose of all easements.
14.
The type and location of all monuments, including a notation showing
whether existing or set.
15.
The location and names of adjacent subdivisions.
16.
The one-hundred-year flood zone and areas of special flood hazards
as shown on the current Federal Emergency Management Agency's
Flood Hazard Boundary Map or Flood Insurance Rate Map. Development
of lots within the one-hundred-year flood zone shall require approval
of a floodplain study prepared by a professional engineer.
17.
The location of existing buildings in the platted area and the location of building setback lines, if more restrictive than those required in Chapter 31 of the Centralia City Code on zoning.
18.
A note or reference to a specific instrument of any restrictions
or covenants that are more stringent than those required by either
the City subdivision or zoning codes. A note that any such restrictions
or covenants do not relieve the developer from meeting the City subdivision
and zoning code requirements.
19.
A certification that the owner has granted consent to the subdivision
and dedication for public use of street rights-of-way, alleys, easements,
parks, and all other land intended for public use.
20.
A subordination agreement, either on the plat or by a separate document,
of the mortgagees (if any) agreeing to comply with the provisions
of this Chapter, in regard to the subdivision plat.
21.
A statement of approval for the chairperson of the Commission.
22.
A statement of approval and acceptance by the Mayor on behalf of
the City with certification of approvals by the signature of the City
Clerk or Deputy Clerk and the City Seal.
23.
A statement that the survey was executed in accordance with the current
minimum standards for property boundary surveys.
24.
The signature and seal of the registered land surveyor responsible
for preparing the plat.
B.
Following the approval of the preliminary plat of a major subdivision
or completion of the sketch plat for a minor subdivision, the developer
may submit a final plat for approval with the City Administrator,
in order to complete the subdivision process with the final plat contents
to include all required items set forth in Subsection (A). The final
plat shall:
1.
Be accompanied by a check made payable to the City of Centralia,
sufficient to cover all plat recording fees;
2.
Include the entire subdivision, or a section thereof, which derives
access from an existing street or road;
3.
Be initially accompanied by a minimum of five (5) prints, or three
(3) prints and one (1) electronic copy in an acceptable format, with
an additional ten (10) prints, or three (3) prints and one (1) electronic
copy in an acceptable format, at the time the plat is referred to
the Commission;
4.
Be in substantial compliance with the preliminary plat, as approved;
5.
Be accompanied by an improvements guarantee offered for acceptance
by the Board, in a form satisfactory to the City Attorney.
6.
Be accompanied by tax certificates or copies of paid tax bills from
the County Collector and City Clerk.
7.
Be accompanied by payment for or paid receipts for all fees and charges
required to be paid in advance.
C.
The City Administrator shall refer the proposed plat to the appropriate
City departments, together with an indication of its tentative agenda
placement before the Board and shall receive reports from each department
as to its conformance with these regulations and the approved preliminary
plat.
D.
As a result of review by the appropriate departments, the City Administrator
shall request the developer to make such changes necessary to cause
the plat to be in conformance with the regulations contained herein
and the preliminary plat.
E.
The City Administrator shall forward the plat to the Commission and
advise the Commission as to its conformance or non-conformance with
these regulations. The Commission shall take action on the plat in
the manner prescribed for preliminary plats.
F.
Sites designated for public ownership or use on the final plat, which
are acceptable to an applicable public governmental agency and may
be used for schools, parks, recreation, or other public improvements
or services, may be reserved or designated for such uses, provided
there is a recorded contractual agreement or conveyance to a public
governmental agency accepting title, use, or responsibility for such
site, including maintenance and supervision.
G.
When common land is to be included in the final plat, a private trust
agreement shall be recorded concurrently with the plat which shall
provide for the proper and continuous use, maintenance and supervision
of said common land by a trustee and payment for such maintenance
and supervision by means of annual or more frequent assessments against
lots and provision for assessment secured by assessment liens enforceable
by foreclosure. No common land shall be dedicated to public use or
otherwise conveyed to the public or any public agency or other public
or private entity without a recorded contractually binding agreement
conferring financial responsibility and liability for maintenance
and supervision of such common land with any such agency or entity.
H.
The final plat shall be forwarded to the Board with the recommendations
of the Commission.
I.
Board Action.
1.
The Board shall take action by ordinance on the final plat within
forty-five (45) calendar days after the submission to the Board; and
failure of the Board to act within that time period shall be deemed
approval, except that the Board, with the consent of the developer,
may extend this period to a stated future date.
2.
Upon acceptance and approval by the Board, the final plat shall be
signed by the Mayor on behalf of the City and City Clerk and recorded
in the Records of Boone County, Missouri, together with any other
conveyances or agreements as may be required by these regulations.
3.
After recording, the City shall furnish a copy of the final plat
as recorded to the owner and retain the original, signed print for
City records.
J.
No changes, erasures, modifications or revisions shall be made on
any final plat after approval has been given by the Board and endorsed
in writing on the plat, unless the plat is first resubmitted and reapproved
by the Board.
K.
Acceptance of the final plat constitutes acceptance of the dedications of public easements and street rights-of-way as property, but does not constitute acceptance by the City of streets or other improvements for maintenance. The City shall have no duty to maintain the streets or other improvements until the provisions of Section 30.1-16 have been met by the developer.
[Ord. No. 2765 § 1, 5-19-2014]
A.
No lot split survey, instrument, deed or other conveyance dividing
property shall be entitled to be recorded in the Office of the County
Recorder of Deeds or have any validity unless and until approved by
the City Administrator in compliance with this Section.
B.
The lot split/boundary adjustment is intended to be used when:
1.
The owner of a lot or tract plans to sell or convey any part of his
lot or tract;
2.
The owners of abutting lots or tracts plan to sell or convey part
of each of the abutting lots or tracts to a third party;
3.
One (1) owner plans to sell an abutting owner part of his lot; or
4.
Owners of abutting lots or tracts plan to exchange deeds to parts
of their respective lots or tracts for the purpose of correcting,
establishing record title, or curing title defects.
C.
The lot split/boundary adjustment procedure may be used if the following
additional requirements are met:
1.
No additional improvements or streets are required to be constructed
or dedicated, provided that the correction of the legal description
of an existing street or the enlargement of an existing street shall
be permitted.
2.
No provisions for common land or recreational facilities are included
in the proposed lot split.
3.
The proposed lot split is not in conflict with any zoning provisions of Chapter 31 of the Centralia City Code, of any special procedure permit, or of any conditional use permit.
4.
No variances are required for the lot split.
5.
Multiple lot splits of a lot or tract do not circumvent the intent
of the subdivision regulations.
D.
The procedure for approval of a lot split/boundary adjustment shall
be as follows:
1.
Any owner may apply for a lot split by completing a "Lot Split/Boundary
Adjustment Application" on such forms as are provided by the City.
2.
Upon verification that the proposed lot split is in compliance with
the City Code, the City Administrator shall issue a permit authorizing
the owner(s) to complete the conveyance or correction.
[Ord. No. 2765 § 1, 5-19-2014]
The following improvements shall be installed in conformance
with the approved improvement plan. Unless otherwise specified, such
installation shall be done by and at the expense of the developer:
(Cross reference, see also Section 30.1-9)
A.
All sewers and appurtenances, except that for sewer mains larger
than eight (8) inches in diameter, the City shall reimburse the developer
for the difference in cost between the designated main and an eight-inch
main. The amount of this difference and the method for the City to
pay this cost shall be fixed by the City at the time of approval of
the improvement plan.
B.
Storm sewers, inlets, drainage channels and stormwater retention
areas as shown on the improvement plans.
C.
Paved streets, curbs and gutters, and sidewalks as shown in the improvement
plans. The City may participate in or contribute to certain additional
costs of construction of major thoroughfares over and above the normal
costs of local standard streets, when streets are designated at higher
standards by the City. Such participation, and its timing, is not
mandated and is solely at the election of the Board according to the
needs of the community.
D.
The City may require the developer to improve or contribute payment
for the improvement of public infrastructure outside of, but serving,
the subdivision. Such improvements or contributions shall be reasonably
proportional to the additional public infrastructure service requirements
created by the subdivision as authorized under applicable zoning and
building regulations. The City Administrator may recommend and the
Board may enter into a contractual development agreement with the
developer, to include such off-site improvements. Development agreements
requiring improvements or payment contributions shall be on such terms
and conditions prescribed by the Board as are reasonable to timely
assure adequate public infrastructure services to the subdivision
and to address additional public infrastructure service requirements
caused by the subdivision and permissible land use therein. In lieu
of immediate completion or installation of all or part of any required
improvements, the City also may accept bond from the developer in
such amount and with such sureties and secure the actual construction,
installation and completion of all such improvements within a period
specified by the Commission that is satisfactory to the Board.
E.
Either payment for materials for the installation of water mains
and fire hydrants, or reimbursement to the City for the costs of such
materials. Labor for the installation of such water mains shall be
furnished without charge by the City.
F.
Where monuments do not already exist in the subdivision boundary,
lot corners or other control points, monuments consisting of a straight
iron pipe not less than one-inch outside diameter or a straight reinforcing
bar not less than three-fourths (3/4) inches in diameter and not less
than thirty (30) inches in length and set vertically, with the bottom
not less than thirty (30) inches deep, shall be installed and adequately
referenced to facilitate future replacement. If monuments are set
prior to the installation of improvements, their locations shall be
verified and/or reestablished after improvements have been completed.
G.
Payment for street signs and posts in conformity with City standards.
Labor for the installation of such street signs shall be furnished
without charge by the City.
[Ord. No. 2765 § 1, 5-19-2014]
A.
When a developer, as defined in Section 30.1-2, incurs costs to construct a sanitary sewer main to the property subject to development by said developer and when more than five hundred (500) feet of the length of said main is located outside the boundaries of the property subject to development and when a subsequent developer [except those referred to in Subsections (E) and (F)] within the time limit in Subsection (G) plans to and will attach one (1) or more new sanitary sewer mains or service connections to the said main or mains constructed by the original developer, the subsequent developer shall reimburse the original developer for one-half (1/2) of the cost of constructing said sanitary sewer main as provided in this Section. Said costs of constructing said sanitary sewer mains shall include, but not be limited to, the actual costs of design, materials, and labor. Reimbursement shall be limited to the costs for that portion of the sanitary sewer main constructed by the original developer which runs from between the first point of connection by the original developer to the existing sanitary sewer system of the City and the farthest upstream point of connection to the sanitary sewer main by the subsequent developer or the boundary line of the property subject to development by the original developer, whichever is less footage.
B.
No reimbursement shall be required from any subsequent developer
for the costs of sanitary sewer mains constructed within and upon
the property subject to development by the original developer.
C.
When a sanitary sewer main is constructed by two (2) or more developers
or property owners working together, the costs of construction shall
be apportioned in whatever manner is agreed upon by those responsible
for such construction. For the purpose of requiring reimbursement
of construction costs by a subsequent developer or additional subsequent
developers, the provisions described in Subsection (A) above shall
treat the developers responsible for the initial sewer construction
as a single entity for purposes of this Section.
D.
When an additional subsequent developer shall seek to attach to a
sanitary sewer main in the same circumstance as described in Subsection
(A) above, the additional subsequent developer shall thereafter reimburse
the original developer and the first subsequent developer for the
eligible constructions costs based on a one-third share of that portion
of the sewer main used by both of the previous developers and a one-half
share of that portion (if any) of the sewer main used only by the
original developer and the additional subsequent developer. The connection
to the sanitary sewer main by a further additional subsequent developer
shall require the reimbursement to each of the preceding developers
so as to effect an equal division of the costs incurred by the original
developer for each applicable portion of sanitary sewer main as if
he or she would have shared the costs equally in the original construction
with the preceding developers.
E.
The City of Centralia shall be exempt from the requirement of subsequent
developers providing reimbursement as described in this Section.
F.
The reimbursement requirements of this Section shall not be applied
to an owner or subsequent developer who:
G.
The period of time within which this Section shall be applicable to a subsequent developer attaching to said sanitary sewer main or mains as described in Subsection (A) above shall be measured from the time a subsequent developer files with the City a sketch plat for a subdivision where such sanitary sewer main attachment will take place and shall be limited to ten (10) years from the date of approval by ordinance by the Board of Aldermen of the final plat of the subdivision of the property subject to development by the original developer or the first final plat of any original developer's phased development developed in separate tracts or sections as permitted in Section 30.1-4.
H.
At the time of the approval by the City Administrator of the improvement
plans for a subdivision, the original developer and City Administrator
shall mutually agree on the portion of any sanitary sewer main construction
which might be subject to the conditions of Subsection (A) above.
Such portion shall be specifically designated on the improvement plan.
Upon actual construction of said portion of the sanitary sewer main,
the original developer shall submit to the City Administrator a detailed
accounting of the eligible construction costs set forth in Subsection
(A) calculated and divided on a per-foot basis of eligible sanitary
sewer main constructed, which could be subject to reimbursement. Said
detailed accounting shall include copies of invoices paid by the original
developer. Any disagreement between the original developer and the
City Administrator concerning the designation of reimbursable sewer
costs or the amount of reimbursable costs shall be referred to the
Board of Aldermen alone for final determination, by resolution. The
designation of sanitary sewer subject to possible reimbursement and
the cost of construction of said sewer mains shall be set forth in
the ordinance accepting the conveyance of said sanitary sewer mains
as described in Section 30.1-16(C) and shall be recorded by the City
in the office of the Boone County Recorder of Deeds.
I.
Copies of the ordinance of conveyance for sanitary sewer mains eligible for reimbursement and the detailed accounting of the construction costs for said mains shall be retained by the City Administrator and given to any subsequent developer who proposes a development which might make connection to the sewer mains eligible for reimbursement. In any instance where the subsequent developer is found to be responsible for reimbursement to the original developer as provided in this Section, the City Administrator shall notify the Board of Aldermen of that fact, and the Board of Aldermen shall not grant final approval by ordinance for the subsequent developer of the final plat of a subdivision for the first final plat of any phased development developed in separate tracts or sections as permitted in Section 30.1-4, under Section 30.1-11(I), until said reimbursement is made in full.
J.
Unless otherwise specified by contract with the original developer,
any payment of reimbursement by a subsequent developer shall be made
to the City Clerk and then shall be paid as specified under this Section
to the original developer and any prior subsequent developers, as
identified in the conveyance of the sewer mains to the City.
[Ord. No. 2765 § 1, 5-19-2014]
A.
When a developer, as defined in Section 30.1-2, incurs costs to construct a required street which is adjacent to the boundary of a development or is located outside the boundaries of the property subject to development and when a subsequent developer within the time limit in Subsection (D) plans to develop property directly adjacent to such a street, the subsequent developer shall reimburse the original developer for the cost of constructing the portion of said street which is on the side of the center line of said street and adjacent to the property to be subsequently developed. Said costs of constructing said street shall include, but not be limited to, the actual costs of design, materials, and labor.
B.
When a street as described in Subsection (A) above is constructed
by two (2) or more developers or property owners working together,
the costs of construction shall be apportioned in whatever manner
is agreed upon by those responsible for such construction. For the
purpose of requiring reimbursement of construction costs by a subsequent
developer, the provisions described in Subsection (A) above shall
treat the developers responsible for the initial street construction
as a single entity for purposes of this Section.
C.
The City of Centralia shall be exempt from the requirement of subsequent
developers providing reimbursement as described in this Section.
D.
The period of time for which this Section shall be applicable to
a subsequent developer platting a subdivision as described in Subsection
(A) above shall be limited to five (5) years measured from the date
of approval by ordinance by the Board of Aldermen of the final plat
of the subdivision of the property subject to development by the original
developer until the time a subsequent developer files with the City
a sketch plat for said subsequent subdivision. If the original subdivision
is developed in phases, said time limit shall commence upon the date
of approval by ordinance by the Board of Aldermen of the final plat
which completes the development of the original subdivision.
E.
At the time of the approval by the City Administrator of the improvement
plans for a subdivision, the original developer and City Administrator
shall mutually agree on the portion of any street improvements which
might be subject to the conditions of Subsection (A) above. Such portion
shall be specifically designated on the improvement plan. Upon actual
construction of said portion of said street(s), the original developer
shall submit to the City Administrator a detailed accounting of the
eligible construction costs set forth in Subsection (A) calculated
and divided on a per-foot basis of eligible streets constructed, which
could be subject to reimbursement. Said detailed accounting shall
include copies of invoices paid by the original developer. Any disagreement
between the original developer and the City Administrator concerning
the designation of reimbursable street construction or the amount
of reimbursable costs shall be referred to the Board of Aldermen alone
for final determination, by resolution. The designation of streets
subject to possible reimbursement and the cost of construction of
said streets shall be set forth in the ordinance approving the final
plat containing the conveyance of said street improvements.
F.
Copies of the detailed accounting of the construction costs for said street improvements shall be retained by the City Administrator and given to any subsequent developer who proposes a development which abuts the streets constructed under the provisions of Subsection (A) above. In any instance where the subsequent developer is found to be responsible for reimbursement to the original developer as provided in this Section, the City Administrator shall notify the Board of Aldermen of that fact, and the Board of Aldermen shall not grant final approval by ordinance for the subsequent developer of the final plat of a subdivision for the first final plat of any phased development developed in separate tracts or sections as permitted in Section 30.1-4, under Section 30.1-11(I), until said reimbursement is made in full.
G.
Unless otherwise specified by contract with the original developer,
any payment of reimbursement by a subsequent developer shall be made
to the City Clerk and then shall be paid as specified under this Section
to the original developer, as identified in the conveyance of the
street improvements to the City.
H.
When said street(s) are not yet constructed, but are guaranteed under the provisions of Section 30.1-9, the subsequent developer shall provide an acceptable improvement guarantee sufficient to cover the share of costs accruing to the subsequent developer; and the original developer shall be able to obtain release of an equal amount of the improvement guarantee submitted for the original development.
[Ord. No. 2765 § 1, 5-19-2014]
A.
All required improvements shall be constructed under the observation
and inspection of the City before they are accepted for maintenance
or given final approval by the City.
B.
Upon the completion of street paving and storm sewer construction,
the developer shall request a final inspection of the streets and
storm sewers. Any defects shall be corrected by the developer at that
time. The City shall accept the streets and storm sewers for limited
maintenance after any defects are corrected.
C.
Upon completion of sanitary sewers, the developer shall request a final inspection of the sanitary sewers. Any defects shall be corrected by the developer. After any defects are corrected, the developer shall prepare a conveyance to the City for said sanitary sewers; and the Board shall accept such conveyance by ordinance. (See also Section 30.1-14.)
D.
The developer shall warranty the improvements built at the developer's
direction for one (1) year and repair, correct, or replace any improvement
due to a defect in workmanship in making, constructing, or installing
the improvement. The developer shall, at the developer's expense,
promptly correct, repair, or replace the improvement upon being notified
by the City.
E.
This warranty shall run from the date of recording of the final plat
or the date the conveyance of said sewers are accepted by ordinance,
whichever is later.
F.
At the end of the one-year warranty, the City shall reinspect the
improvements to see if any final repairs are needed. Once any defects
are corrected, repaired, or replaced the City shall accept the improvements
for full maintenance.
[Ord. No. 2765 § 1, 5-19-2014]
A.
All subdivision streets shall be arranged for the continuation of
existing streets in adjoining subdivisions and to the extent possible,
the anticipated projections of streets through adjoining unsubdivided
or undeveloped property, to allow for convenient movement of vehicular
traffic and the orderly development of adjoining property, and shall
adhere to the major street plan where applicable.
B.
When a new subdivision adjoins undivided lands, susceptible to being
subdivided, the new streets shall be carried to the boundaries of
the land. When a street extends more than one hundred seventy-five
(175) feet from the center line of a paved, intersecting street, a
temporary paved turnaround shall be installed at this point.
C.
Permanently designated dead-end or cul-de-sac streets shall not be
longer than eight hundred (800) feet measured from the nearest right-of-way
line to the center of the cul-de-sac and shall be provided with a
paved turnaround at the closed end.
D.
The minimum length of a block shall be three hundred (300) feet;
the maximum length of a block shall be one thousand (1,000) feet,
except for non-residential subdivisions.
E.
Blocks shall be wide enough to allow two (2) tiers of lots, except
when adjacent to major streets, railroads, or waterway, in which case
either a frontage road or one (1) tier of lots shall be provided.
F.
All streets in exact or approximate alignment with existing named
streets shall bear the names of such existing streets. All other streets
shall be assigned names which do not conflict with names of existing
streets within Boone County and are consistent with the Boone County
Address Ordinance.
G.
Whenever there exists a platted half (1/2) street or half (1/2) alley
adjacent to land platted for a subdivision, the remaining half (1/2)
of the street or alley shall be provided for on the plat of the subdivision.
No new half (1/2) streets or half (1/2) alleys shall be accepted.
If necessary, the developer shall acquire and provide additional right-of-way
and construction easements from the landowners across from the subdivision
sufficient to accommodate the entire paved road and curbs and gutters,
if required.
H.
If any utility services are to be installed under the proposed streets
they shall be installed prior to paving where subsurface conditions
prevent pushing of the service under the completed pavement. If the
sewer main or water main is located in the street right-of-way, sewer
laterals and water mains shall be installed and stubbed in prior to
street paving. All such service connections shall be referenced and
marked for future use.
I.
Where land is subdivided into larger lots than ordinary building
lots, such lots shall be arranged so as to allow the opening of future
streets and/or street extensions, and logical further resubdivision.
J.
Reserve strips controlling access to streets shall be prohibited.
[Ord. No. 2765 § 1, 5-19-2014]
A.
The widths of the rights-of-way for streets and alleys and the widths
of improved roadway within such rights-of-way, unless modified by
the Commission because of unusual conditions or circumstances, are
established as follows:
1.
Arterial streets. The right-of-way and width of
improved roadway for arterial streets shall be to the standards of
the Missouri Highway and Transportation Commission.
2.
Subarterial streets. The right-of-way shall be eighty
(80) feet wide, and the improved roadway shall be at least thirty-eight
(38) feet wide (measured back-of-curb to back-of-curb or, if no curb,
then to edge of pavement).
3.
Collector streets. The right-of-way shall be at
least sixty (60) feet wide, and the improved roadway shall be at least
thirty-eight (38) feet wide (measured back-of-curb to back-of-curb
or, if no curb, then to edge of pavement).
4.
Local non-residential streets. The right-of-way
shall be at least sixty (60) feet wide, and the improved roadway shall
be at least thirty-eight (38) feet wide (measured back-of-curb to
back-of-curb). Culs-de-sac shall have a minimum right-of-way radius
of fifty (50) feet and a minimum paved area radius of forty (40) feet.
5.
Local residential streets. The right-of-way shall
be at least fifty (50) feet wide, and the improved roadway shall be
at least thirty-two (32) feet wide (measured back-of-curb to back-of-curb).
Culs-de-sac shall have a minimum right-of-way radius of fifty (50)
feet and a minimum paved area radius of forty (40) feet.
6.
Estate lanes. The right-of-way shall be at least
fifty (50) feet wide, and the improved roadway shall be at least twenty-eight
(28) feet wide (measured back-of-curb to back-of-curb). Culs-de-sac
shall have a minimum right-of-way radius of fifty (50) feet and a
minimum paved area radius of forty (40) feet.
7.
Frontage roads. The right-of-way shall be at least
thirty (30) feet wide, and the improved roadway shall be at least
twenty-four (24) feet wide (measured back-of-curb to back-of-curb).
8.
Alleys. The right-of-way for an alley shall be at
least twenty (20) feet wide, and the improved roadway shall be at
least sixteen (16) feet wide, with or without curbs.
B.
In low-density single-family residential subdivisions, the width
of local residential streets may be reduced from thirty-two (32) feet
to twenty-eight (28) feet (estate lanes) if the subdivision complies
with all of the following criteria:
1.
Lots abutting the proposed estate lane may not exceed an overall
density of one (1) dwelling unit per acre;
2.
No lot abutting the proposed estate lane may be less than one hundred
twenty-five (125) feet wide at the building line;
3.
The street may not be designed to accommodate through traffic. Cul-de-sac,
loop and horseshoe streets beginning and ending within a main block
will ordinarily satisfy this requirement;
4.
In all other respects, street paving and related public improvements
design for estate lanes shall be according to the design standards
for local residential streets contained or referenced herein.
C.
Proposed subdivisions that include existing street rights-of-way
narrower than required herein shall provide the dedication of additional
width along one (1) or both sides of the street. Proposed subdivisions
abutting only one (1) side of such street shall provide for the dedication
of additional width to constitute one-half of the right-of-way required,
unless this would cause streets to be misaligned.
D.
Slab Thickness And Curb Standards.
1.
The minimum slab thickness for residential streets and for alleys
in non-residential areas shall be six (6) inches of Portland cement
concrete or five (5) inches of black base with two (2) inches type
"C" asphaltic concrete. The slab shall be placed on a rolled-stone
base of at least four (4) inches thickness.
2.
The minimum slab thickness for non-residential streets shall be at
least seven (7) inches of Portland cement concrete or seven (7) inches
of black base with two (2) inches of type "C" asphaltic concrete.
The slab shall be placed on a rolled-stone base of at least four (4)
inches thickness.
3.
Curb and gutter shall be required on both sides of all streets within
a subdivision and on the subdivision side of streets abutting a subdivision.
4.
The design of curb and gutters shall be as shown on drawings available
from the City Administrator.
5.
At minimum, all materials shall be according to Missouri State Highway
Department standards.
E.
Intersections.
1.
Streets shall intersect at as near a right angle as possible, and
no intersection angle shall depart from a right angle more than ten
degrees (10°).
2.
Intersecting streets shall have center lines as nearly straight as
possible. Streets with center line offsets at intersections shall
be offset by five (5) feet or less or one hundred twenty-five (125)
feet or more.
3.
Where streets intersect at a right angle or where a street intersects
with a cul-de-sac terminal bulb, the pavement shall be rounded by
a curve with a radius of not less than twenty (20) feet for residential
streets and not less than thirty (30) feet for non-residential streets.
4.
When streets intersect at an angle of less than ninety degrees (90°),
the City Administrator may require the pavement to be rounded by a
curve with a radius greater than required for streets intersecting
a ninety-degree angle.
5.
Where alleys intersect streets or other alleys, the pavement shall
be rounded by a curve with a radius of not less than ten (10) feet.
6.
At the intersection of an arterial or subarterial street with another
arterial or subarterial street or a collector street, additional right-of-way
and improved roadway shall be provided so as to allow for the designation
of separate left-turn lanes.
F.
All streets shall be built in accordance with the approved improvement
plans.
G.
Alleys shall meet the following standards:
1.
Residential areas. Public alleys shall not be permitted
in residential areas. Private alleys may be established and permitted
along the rear of adjoining lots for common use by adjoining landowners
for access in multifamily zoned areas, but the private alley shall
be paved to specifications designated by the City Administrator, and
the instrument creating the private alley shall specifically require
that the repair and maintenance of the private alley shall be provided
by subdivision property owners adjoining the alley. That instrument
shall be recorded in the Office of the County Recorder of Deeds and
may be in the plat or subdivision covenants or restrictions.
2.
Non-residential areas. Public alleys shall be provided
in non-residential areas except that the Commission may waive this
requirement where other definite and assured provision is made for
service access, such as off-street loading, unloading and parking,
consistent with and adequate for the use proposed.
3.
Dead-end alleys shall not be permitted.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Sidewalk Requirements.
1.
Sidewalks shall be required on both sides of all streets in a subdivision
and on the subdivision side of streets abutting a subdivision.
3.
Where sidewalks are to be located adjacent to a roadway under the
jurisdiction of the Missouri Highway and Transportation Commission,
said sidewalks may be required to be placed in a public easement outside
the State road right-of-way. Maintenance of sidewalks along a State
road right-of-way shall be the responsibility of the adjoining property
owners of the subdivision.
4.
Where a final plat creates a common lot or a non-buildable lot, a
sidewalk shall be constructed along the portion of each street abutting
the lot at the same time the abutting street is constructed.
B.
Sidewalk Exception Procedure. A developer may apply
to the Commission for deletion of sidewalks or approval of an alternate
sidewalk plan. The City Administrator shall provide the Commission
with recommendations concerning conditions with a street right-of-way
involved with a request for exception or alternate sidewalk plan.
The Commission may grant an application to delete sidewalks or approve
an alternate sidewalk plan in any of the following cases:
1.
Where sidewalks are not deemed necessary for the public safety or
where topographical or other conditions make their installation and
use impractical; or
2.
Where lots are created having at least three hundred (300) feet of
frontage which could be resubdivided into smaller lots at a future
time; or
3.
Where the subdivision designer has submitted for review a proposed
sidewalk plan that provides for more direct and safer movement of
pedestrian traffic; or
4.
Where justifiable conditions can be shown that strict application
of the requirements contained in this Section would:
[Ord. No. 2765 § 1, 5-19-2014]
The purpose of this Section is to provide standards and regulations
governing land development in order to reduce or prevent flooding
and at the same time minimize damage to real property.
A.
Discharge Rate.
1.
On residential land for all land disturbances greater than three
(3) acres, the stormwater discharge rate for the ten-year storm after
development shall be equal to or less than the predevelopment rate.
2.
On non-residential land for all land disturbances greater than one
(1) acre, the stormwater discharge rate for the twenty-five-year storm
after development shall be equal to or less than the predevelopment
rate.
B.
Detention reservoirs or dry bottom stormwater storage areas may be
designed to serve secondary purposes such as recreation, open space,
or other types of uses that will not be adversely affected by occasional
flooding as approved by the City Administrator.
C.
Drainage detention areas that are not maintained by a public authority
shall be conveyed as an undivided interest in common to each lot owner
in the subdivision for maintenance purposes.
D.
During the construction phase of development, best management practices
shall be provided and maintained to prevent pollution of the waters
of the United States.
E.
For all land disturbance greater than one (1) acre, a stormwater
pollution prevention plan shall be developed and implemented that
meets Missouri Department of Natural Resources permit requirements.
F.
Storm drainage improvements consisting of storm sewer systems or
open channels shall adequately drain the areas being developed. No
significant changes in watersheds shall be permitted. All stormwater
shall be discharged at an adequate natural discharge point.
G.
The design of drainage improvements shall be coordinated to the extent
possible with present and probably future improvements so as to form
part of an integrated system and shall be in accordance with the best
stormwater management practices.
H.
The final plat or the subdivision restrictions and covenants shall
include provisions specifying which lot owners in the subdivision
or other private persons shall be responsible for and shall pay for
the maintenance of the subdivision land through which stormwater control
easements and access easements run, unless said facility has been
accepted for maintenance by the City. Maintenance shall include, but
not be limited to, the cutting of grass and weeds and erosion control.
[Ord. No. 2765 § 1, 5-19-2014]
A.
The width of utility easements shall be determined by the City Administrator,
but shall generally be not less than ten (10) feet when adjoining
a street right-of-way or be not less than a total of twenty (20) feet
when not adjoining a street right-of-way. No trees, shrubs or structures,
including fences, shall be permitted within the utility right-of-way.
These provisions shall be stated in all utility dedications on the
final plat.
B.
To the maximum extent feasible, utilities shall be located in designated
easements and not in street rights-of-way.
C.
Where cut or fill for a street extends beyond the limits of the right-of-way,
the developer shall provide a slope easement of sufficient area and
limits to permit the construction and maintenance of the slope.
D.
Whenever improvements to land are made, easements for the stormwater
management facilities (including structural facilities, engineered
channels and overflow paths) shall be provided across private property.
Easements through existing developments shall be obtained as deemed
necessary. Drainage easements shall include access from a convenient
public street or parking lot. Minimum dimensions are as follows:
1.
Where a storm drain consists of a closed conduit, the width shall
be a minimum of twenty (20) feet.
2.
Where the drainage system consists of an engineered channel, easements
shall at a minimum be as wide as the top of bank width plus ten (10)
feet each side.
3.
Where the drainage system includes natural channels, easements shall
be not less wide as the top of bank width plus ten (10) feet or less
than ten (10) feet from the high water mark of other unimproved drainage
features. In such instances, the City Administrator may require wider
easements when deemed necessary to protect property and public safety.
4.
The width of an easement must contain the overflow from the one-hundred-year
(one-percent annual chance) storm event and shall indicate the highest
expected water surface elevation of said event.
5.
Access easements to detention/retention facilities shall be a minimum
of twenty (20) feet wide with cross slopes less than five (5) horizontal
to one (1) vertical in order to be safely accessible by a vehicle
unless otherwise approved by the City Administrator.
6.
Access easements around detention/retention facilities shall be a
minimum of fifteen (15) feet wide with cross slopes less than five
(5) horizontal to one (1) vertical in order to be safely accessible
by a vehicle unless otherwise approved by the City Administrator.
[Ord. No. 2765 § 1, 5-19-2014]
The City Administrator may require evidence as to the subsurface
soil, rock, and water conditions of the land to be developed.
[Ord. No. 2765 § 1, 5-19-2014]
In residential subdivisions all electric and telephone distribution lines and cable television lines shall be installed underground, except those overhead distribution feeder lines necessary to serve that subdivision or other locations, as approved by the City Administrator. Cable switching enclosures, pad-mounted transformers and service pedestal may also be installed above ground and may be installed as a part of the street lighting standards where approved by the City Administrator. Utilities for non-residential subdivisions may be installed either above ground or below ground or both, subject to design approval by the City Administrator. All utilities shall comply with the provisions of Chapter 26 of the Centralia City Code. Electric utilities in non-residential subdivisions shall be installed in the street or alley right-of-way unless the City Administrator allows otherwise. Lights within street rights-of-way shall be placed as directed by the City Administrator and shall be designed and maintained to avoid unnecessary illumination of residential interiors.
[Ord. No. 2765 § 1, 5-19-2014]
A.
All lots in original subdivisions shall be numbered consecutively
from one (1) through the total number of lots, even though the subdivision
may be recorded in sections.
B.
The size of lots shall meet the minimum zoning requirements of Chapter 31 of the Centralia City Code for the area being subdivided. Areas used for open stormwater drainage easements shall not be included in the calculations of running lot dimensions.
C.
All lots shall abut on a publicly dedicated street. Each lot shall meet the minimum frontage requirements of Chapter 31 of the Centralia City Code, consistent with the zone district where the platted land is located. A point of public street access shall consist of a connection to a through street.
D.
Lots shall be arranged at right angles to street lines.
E.
Corner lots located at the intersection of major and minor streets shall normally have driveway access from the minor street. Driveways shall be located as far from the street intersection as practicable and shall not be permitted within the sight distance triangle serving the intersection as described in Chapter 31 of the City Code.
F.
Flag lots will be allowed for lots that contain a minimum of twenty
thousand (20,000) square feet. However, flag lots of lesser area may
be approved by the Commission, provided:
1.
The access portion of such lots shall have a minimum width of forty
(40) feet;
2.
Such lots shall not be further subdivided into additional lots unless
a public road is constructed to City standards;
3.
No more than two (2) flag lots may have adjoining driveway entrances
to a public right-of-way;
4.
The front building line for flag lots shall be established on both
the access portion and on the building site portion of the lots in
accord with provisions of the particular zoning district.
G.
No more than one hundred (100) dwelling units shall be final platted
when the design of the subdivision is such that only one (1) point
of public street access is provided for the subdivision.
H.
No more than two hundred (200) dwelling units shall be final platted
when the design of the subdivision is such that only two (2) points
of public street access is provided for the subdivision unless one
(1) of the two (2) points of public street access is a collector or
arterial street.
I.
Streets which dead-end or "stub" into property which is adjacent
to the property being subdivided shall not count as a second access
until such time as the dead-end or "stub" street is connected to a
through street and constructed to City standards.
[Ord. No. 2765 § 1, 5-19-2014]
The size, shape, and orientation of lots and the orientation
of structures shall be designed to provide desirable building sites
logically related to topography, natural features, streets, parking
areas, common land (if any), other structures, and adjacent land uses.
Due regard shall be given to natural features such as large trees,
unusual rock formations, watercourses, and sites which have historical
significance, scenic views, and similar assets, the preservation of
which would add attractiveness and value to the subdivision.
[Ord. No. 2765 § 1, 5-19-2014]
It is the intent of this Chapter that subdivisions be designed
and developed in conformance with the City General Comprehensive Plan
adopted by the Board by Resolution on February 16, 1987, and as amended.
In the review of sketch plats and preliminary plats, the Commission
may direct changes in the size and location of proposed streets and
in the proposed land use of subdivisions. Such changes shall be made
whenever the Commission finds that a proposed subdivision does not
follow the intent of the General Comprehensive Plan and creates impediments
to its implementation.
[Ord. No. 2765 § 1, 5-19-2014]
When the Board of Adjustment, as provided for in Section 89.480
of the Revised Statutes of Missouri, determines that in a particular
instance an owner cannot possibly or practically observe the requirements
of any provision of this Chapter because of the presence of unusual
circumstances or conditions, and that the strict application of one
(1) or more of the requirements of such provisions would either prevent
or present a serious obstacle to the formulation of a plat for the
reasonable use and development of land in subdivision form, the Board
of Adjustment may permit a variance from the requirements of such
provision.
[Ord. No. 2765 § 1, 5-19-2014]
A.
Except for lot splits, a plat of land within the City shall not be
filed and recorded until such plat has been accepted and approved
by ordinance.
B.
When the approval of the City has been endorsed upon the plat as outlined in Subsection (I)(2) of Section 30.1-11, the owner, or the agent thereof shall pay to the City the cost of recording the plat and any applicable covenants and agreements, and the City shall have the plat and related documents recorded in the Office of the County Recorder of Deeds within thirty (30) days thereof.
[Ord. No. 2765 § 1, 5-19-2014]
When reference is made in this Chapter to any other ordinance
of the City, or any Section thereof, or to any State law, the reference
shall apply to all amendments and additions to such ordinances, Sections
or State law.
[Ord. No. 2765 § 1, 5-19-2014]
Any person who violates any of the provisions of this Chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than five hundred dollars ($500.00). Each day that
a violation exists shall constitute a separate and distinct offense.
[Ord. No. 2765 § 1, 5-19-2014]
This Chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing or altering the liability of any person, firm
or corporation, or as waiving any right of the City under any Section
or provision existing at the time of adoption of these regulations,
or as vacating or annulling any rights obtained by any person, firm
or corporation, by lawful action of the City, under prior subdivision
regulations, except as shall be expressly provided for in this Chapter.
[Ord. No. 2765 § 1, 5-19-2014]
Regulations of the subdivision of land and the attachment of
reasonable conditions thereto is an exercise of the valid police power
delegated by the State of Missouri to the City. The developer has
the duty of compliance with reasonable conditions laid down by the
Commission and the Board of Aldermen for design, dedication, improvement
and restrictive use of the land so as to conform to the physical and
economical development of the City, and to promote the safety and
general welfare of the future lot owners in the subdivision and of
the community at large, the subdivision of land being a privilege
conferred through these regulations.
[Ord. No. 2765 § 1, 5-19-2014]
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements for the promotion
of the public health, safety, and general welfare.
[Ord. No. 2765 § 1, 5-19-2014]
If any part or provision of this Chapter or application thereof
to any person or circumstances is adjudged invalid by any court of
competent jurisdiction, such judgement shall be confined in this operation
to the part, provision or application directly involved in the controversy
in which such judgement shall have been rendered and shall not affect
or impair the validity of the remainder of this Chapter or the application
thereof to other persons or circumstances. The Planning and Zoning
Commission and the Board of Aldermen hereby declare that they would
have enacted the remainder of this Chapter even without any such part,
provision or application.
[Ord. No. 2765 § 1, 5-19-2014]
No action shall be taken by the Board to amend or repeal any
part of this Chapter of the City Code concerning Subdivisions until
after a public hearing is held by the Board relating to amending this
Chapter of the City Code, at which parties in interest and citizens
shall have an opportunity to be heard. Public notice of the time,
date and place of the public hearing concerning amending this chapter
of the City Code shall be published in a newspaper of general circulation
in the City at least four (4) days before the date of the public hearing.
Before the Board takes any action concerning any proposed amendment
or repeal of any part of this Chapter of the City Code concerning
Subdivisions, the matter shall first be referred to the Commission
for its consideration and recommendation.
