[CC 1970 App. B (App. A) §A.1; Ord.
No. 5765 §1, 6-24-2003]
The following are intended to provide minimum standards for
infrastructure, public improvements and tree preservation to guide
City staff, the Plan Commission and the Board of Aldermen. The Clayton
Department of Public Works shall have the final decision regarding
all public improvements and infrastructure location on individual
projects.
[CC 1970 App. B (App. A) §A.2; Ord.
No. 5765 §1, 6-24-2003]
A.
Land
with features which may present a hazard to the safety of present
or future inhabitants of a subdivision or to adjacent property (including,
but not limited to, areas with extremely steep slopes and land within
the 100-year floodplain) shall not be developed unless mitigation
measures are proposed by the applicant and approved by the City to
solve the problems created by such unsuitable land conditions.
B.
Land,
which cannot be provided with adequate water, sanitary sewer service,
storm drainage facilities or other essential public services, shall
not be subdivided for purposes which require such services.
C.
The
proposed subdivision name and streets within subdivisions shall not
duplicate or too closely approximate phonetically the name of any
other street or subdivision within the City of Clayton or adjacent
municipalities. However, streets that are obviously in alignment with
other streets already in existence and named shall bear the names
of such existing streets. All street names shall be approved through
the Department of Public Works and St. Louis County.
[CC 1970 App. B (App. A) §A.3; Ord.
No. 5765 §1, 6-24-2003]
A.
The
lengths, widths and shapes of blocks shall be determined with due
regard for the following circumstances: the provision of adequate
building sites suitable for the type of use and building contemplated,
zoning requirements as to lot sizes and dimensions, need for convenient
traffic access and circulation and the limitations and opportunities
of topography.
B.
Except
as approved by the Board of Aldermen, blocks in residential subdivisions
should not exceed one thousand (1,000) feet nor be less than two hundred
(200) feet in length.
C.
Blocks
may be irregular in shape, provided they are harmonious with the overall
pattern of blocks in the proposed subdivision and provided their design
provides for standard lot sizes and shapes and adequate traffic flow
both within and accessing the subdivision. Blocks shall be sufficient
width to provide for two (2) tiers of lots of appropriate depth unless
in the judgment of the Board of Aldermen a different arrangement is
required to accommodate a specific planned development or use.
[CC 1970 App. B (App. A) §A.4; Ord.
No. 5765 §1, 6-24-2003]
A.
Every
lot shall abut an approved public or private street. The size, shape
and orientation of lots shall be appropriate for the location of the
subdivision and for the type of development and use. The minimum area
of the lots within the subdivision shall be in accordance with the
requirements and use provisions of the zoning district in which the
property is located. The calculation of the lot area shall be exclusive
of the area of the street right-of-way or road or alley easement abutting
the lot. The lots shall also have a width and depth adequate to provide
the necessary front, side and rear yard setback requirements of the
Zoning Ordinance. (Side lines of lots shall be at right angles to
straight street lines or radial to curved street lines unless a variation
to this rule will result in a more appropriate street and lot plan.)
B.
Where
lots that front upon the outside or inside curve of any curved street,
the width at such street right-of-way line shall not be less than
the required lot width being measured as the shortest distance between
the side lot lines, from where they intersect with the front property
line.
C.
Location
of all access points shall be determined by the Director of Public
Works. Residential lots accessed by a residential street (not a collector
or arterial street) may install up to two (2) curb cuts to accommodate
a circular turnaround, subject to the following criteria:
1.
Lot size is in excess of fifteen thousand (15,000) square feet; and
2.
At least one hundred (100) lineal feet of street frontage on a single
street (corner lots must have at least one hundred (100) lineal feet
on any one (1) street frontage); and
3.
Written approval from the Director of Public Works.
D.
Graphic Link—Lot Access. Access to a corner residential
lot may be from either street, but not both; except when one (1) of
the streets is an arterial, in which case access will only be allowed
from the residential street. Where a lot is located at the intersection
of two (2) or more streets, extra width shall be provided sufficient
to permit the establishment of front building lines on both the front
and the side or sides adjoining the street(s). Lots at intersections
of streets shall have a radius of curvature as indicated in the streets
section below. On double frontage lots, the primary access to the
lot shall be designated on the subdivision plat. On a double frontage
lot, a common landscape buffer or easement shall be defined along
the secondary street frontage. No access to the double frontage lot
shall be allowed from the secondary street frontage. Where possible,
primary frontage for double frontage lots shall be on interior subdivision
streets; and a landscaped buffer or low masonry wall within an easement
shall be provided along the secondary frontage on the major street,
collector or arterial street to provide screening of sight and sound
and to prevent direct access to said double frontage lot from this
secondary frontage.
[CC 1970 App. B (App. A) §A.5; Ord.
No. 5765 §1, 6-24-2003]
A.
Easements
for wires, conduits, storm sewers or drainage ways, sanitary sewers,
gas lines, water mains and lines and other similar purposes shall
be provided where necessary. Where possible, such easements shall
be located either within alleys, service drives or along the rear
and side lot lines. Such easements shall be no less than ten (10)
feet in width, which width may be divided evenly between abutting
properties.
B.
Where
a subdivision or site to be developed is traversed by a watercourse,
drainageway, channel or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially to the
lines of such watercourse and of such width and construction as will
be adequate for the purpose.
C.
Where
topography or other conditions make the provision of drainage facilities
within road rights-of-way unfeasible, perpetual unobstructed easements
at least fifteen (15) feet in width for such drainage facilities shall
be provided across property outside the road rights-of-way and with
satisfactory access by road to accommodate maintenance and inspection
of these facilities as necessary. Easements shall be indicated on
the subdivision plats and shall be a part of an overall erosion and
stormwater runoff control plan for the subdivision as required by
this Chapter.
D.
The
proposed internal drainage system of the subdivision or land development
shall not discharge water unto public or private land outside the
proposed subdivision or beyond the subject property, except via natural
or publicly dedicated drainage courses. The developer may be required
to dedicate to the City, either in fee simple or by drainage or conservation
easement, land on both sides of existing streams or drainage areas
as required by the Director of Public Works. The City may also require
drainage areas, including detention storage areas, to be established
and maintained by indenture. Such drainage areas shall be maintained
in perpetuity by the subdivision property owners or dedicated to another
legally established entity which has as one (1) of its primary responsibilities
the management and maintenance of storm drainage systems. Low lying
lands within floodways as designated by FEMA shall be preserved and
retained in their natural state as drainageways. Permanent structures
shall not be allowed in flood zones.
[CC 1970 App. B (App. A) §A.6; Ord.
No. 5765 §1, 6-24-2003]
A.
Streets
shall be related appropriately to the topography so as to produce
usable lots and streets of reasonable width and gradient as required
herein. Grading for streets should involve minimum deviation from
the original topography. The proposed street layout must be appropriate
for the type of development proposed and properly integrated with
the street system in the area adjoining the subdivision. The layout
shall also conform to the existing and proposed land uses.
B.
Major traffic generators such as business districts, schools, shopping centers and large multi-family residential developments shall obtain primary access from streets classified as collectors or arterial streets or highways. Residential streets shall be laid out to discourage the use of through or non-residential traffic, to permit efficient drainage and utility systems and to require the minimum length of pavement necessary to provide convenient and safe access to property. Proposed through streets shall be extended to the boundary lines of the tract to be subdivided, unless the Plan Commission has determined that such extension is not desirable for the coordination of the layout of the existing or future subdivision. Conversely, the arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas and for their proper projection where adjoining land is not subdivided. The design of such streets in new subdivisions shall be in conformance with Section 415.630 Street Design Standards, below.
C.
Provision
should be made for through streets at intervals of approximately one-half
(½) mile or less. Offset streets and intersections should be
avoided. Outlet streets from a subdivision to an arterial street or
highway shall be located to provide sufficient sight distance to view
oncoming traffic as determined by the Director of Public Works. The
streets, rights-of-way and paving installed in all new subdivisions
shall be connected to an "approved street". Any street that has been
dedicated to and accepted by the City at the date of adoption of this
Subdivision Ordinance shall be considered an approved street for the
purpose of this Subdivision Ordinance.
D.
All
streets required by these regulations shall be dedicated to the City
or be established as a private road right-of-way constructed to the
same standard as a public street for which the City has no obligation
to provide maintenance. If a private street is vacated, the subject
property must be divided among those having title to adjacent properties.
[CC 1970 App. B (App. A) §A.7; Ord.
No. 5765 §1, 6-24-2003]
A.
Every
subdivision shall be served by an adequate system of publicly dedicated
streets or private streets meeting all City standards as specified
herein. All private streets within any subdivision or segments of
streets to be built as part of any land development shall be located,
platted and built in such a manner that they may be dedicated to the
City in accordance with the standards defined in this Subdivision
Ordinance.
|
Table of Street Design Specifications
| ||||||
|---|---|---|---|---|---|---|
|
Commercial Collector
|
Residential Collector
|
Minor Commercial Street
|
Minor Residential Street
|
Commercial Alley
|
Residential Alley
| |
|
Minimum right-of-way
|
80
|
64
|
64
|
52
|
24
|
22
|
|
Maximum grade at centerline
|
6%
|
6%
|
6%
|
6%
|
6%
|
6%
|
|
Minimum grade at centerline
|
2%
|
2%
|
2%
|
2%
|
2%
|
2%
|
|
Minimum pavement width (back to back of curb)
|
50
|
38
|
38
|
26
|
24
|
22
|
|
Minimum sight distance at crest of curve
|
300
|
200
|
150
|
150
|
150
|
150
|
|
Minimum horizontal radius of centerline
|
600
|
300
|
150
|
150
|
50
|
50
|
|
Minimum horizontal tangent distance between reverse
curves
|
200
|
100
|
100
|
100
|
None
|
None
|
|
Minimum sidewalk width
|
Both sides 5 feet
|
Both sides 5 feet
|
Both sides 5 feet
|
Both sides 5 feet
|
None
|
None
|
|
City of Clayton standard curb
|
Yes
|
Yes
|
Yes
|
Yes
|
No
|
No
|
|
Minimum tree lawn width
|
7 feet
|
7 feet
|
7 feet
|
7 feet
|
None
|
None
|
|
Median
|
Plus 10 feet ROW
|
Plus 10 feet ROW
|
Plus 10 feet ROW
|
Plus 10 feet ROW
|
None
|
None
|
B.
Cul-de-sacs
shall have a maximum length of two thousand (2,000) feet provided
each said cul-de-sac meets the approval of the Fire Marshal of the
City of Clayton relative to the maneuverability of fire equipment.
Cul-de-sac or other similar turnarounds shall be provided at the end
of all permanent dead-end streets. Every cul-de-sac on a roadway more
than three hundred (300) feet in length shall be provided at the closed
end with a turnaround having not less than a one hundred twenty (120)
feet outside diameter of traveled way. In the case of temporary dead-end
streets, which are stub streets designed to provide future connections
with unsubdivided adjacent areas, the Plan Commission shall require
a temporary easement for a cul-de-sac or an appropriate area for a
turnaround.
C.
Radii
must be compatible with Fire Department apparatus for both inside
and outside turning radii. Maneuverability of Fire Department apparatus
must be maintained.
[CC 1970 App. B (App. A) §A.8; Ord.
No. 5765 §1, 6-24-2003]
A.
Non-perpendicular
streets shall have a perpendicular approach at intersections of at
least one hundred (100) feet. No more than two (2) streets shall intersect
at any one (1) point. Where collector or arterial streets intersect
other collector or arterial streets, the curb radius at the intersection
shall not be less than forty (40) feet. Minor street intersections
shall have a curb radius of not less than thirty-two (32) feet. Street
jogs with centerline offsets of less than one hundred fifty (150)
feet should be avoided. Proposed new intersections with an existing
street shall coincide with any existing "T" intersection on the opposite
side of the street.
B.
Intersections
shall be designed with grades as level as possible, consistent with
proper provision for drainage. Approaches to intersections shall have
a grade not exceeding three percent (3%) for a distance of not less
than one hundred fifty (150) feet measured from the centerline of
the intersecting street. Additional street paving in the form of turning
lanes and/or right-of-way may be required at intersections of collectors
and arterials with other collectors or arterials. Property line corners
at street intersections shall be rounded with a radius of at least
twenty (20) feet.
C.
Where
visibility at any proposed street intersection would be impeded by
existing earthen berms or vegetation, the developer shall cut such
ground and/or vegetation in conjunction with the grading of the street
right-of-way sufficient to provide adequate sight distance.
[CC 1970 App. B (App. A) §A.9; Ord.
No. 5765 §1, 6-24-2003]
The design and construction of all street pavement, including
surface pavement, curbs, subgrade and bridges and overpasses, shall
be in conformance with the specifications and regulations established
and approved separately from this Chapter by the Director of Public
Works.
[CC 1970 App. B (App. A) §A.10; Ord.
No. 5765 §1, 6-24-2003]
A.
All
sidewalks shall be constructed in accordance with the standard specifications
required by the Director of Public Works and shall have a minimum
thickness of five (5) inches, which shall be increased to six (6)
inches at driveways. Additionally, drive approaches shall meet current
specifications as required by the Director of Public Works.
B.
Unless
otherwise required by the Director of Public Works, sidewalks shall
be placed in public right-of-way and located approximately one (1)
foot from and parallel to the edge of the right-of-way.
C.
Where
sufficient foot traffic is predicted across proposed streets to merit
a crosswalk and/or pedestrian signal, the Director of Public Works
may require the developer to install signals or striping of the street
to provide for the safety of pedestrians.
[CC 1970 App. B (App. A) §A.11; Ord.
No. 5765 §1, 6-24-2003]
A.
Every
land development or subdivision shall make adequate provision to accommodate
or dispose of stormwater by means of connecting to a storm sewer system,
culvert or other such facility. All such connections shall be made
subsurface. Additionally, when connecting to a combination sewer system,
all new storm sewer laterals shall be directly connected to the combination
sewer main line and not to any sewer lateral line. Such facilities
are to be maintained by the owners of the subject property or owners
of the subdivision through agreement by the appropriate trust indenture
or deed restriction. Facilities for storm drainage should be designed
and constructed so as to prevent any increase in the rate of storm
runoff onto adjoining property. Erosion or flooding which existed
prior to development shall not be increased and all measures shall
be taken to decrease such condition by the development of the subdivision
or other land development.
B.
The
storm drainage system for a proposed subdivision shall be designed
to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the subdivision or land development.
The Director of Public Works shall review the proposed system to assure
it is sufficient to accommodate existing stormwater. The Director
of Public Works shall study the effect of each subdivision on the
existing downstream drainage facilities both inside and outside the
area of the subdivision. Where it is anticipated that the additional
runoff incidental to the development of the subdivision will overload
an existing downstream facility, the Plan Commission may withhold
approval of the plat until sufficient provisions have been made to
eliminate such overload. No subdivision plat shall be approved unless
adequate drainage will be provided for. Upon request by staff, a complete
hydrologic computations including, but not limited to, outlet velocities
shall be submitted to support the storm sewer design.
C.
Lots
shall be laid out so as to provide positive drainage away from all
buildings. Individual lot drainage shall be coordinated with the general
storm drainage pattern for the area. Drainage shall be designed so
as to substantially prevent stormwater drainage from each lot onto
adjacent lots. Landscaping shall be provided in the form of seeded
or sodded grass, ground cover, low walls, earth berms, trees and shrubbery
to enhance the appearance and the function of all surface stormwater
drainage facilities and all erosion control facilities. Plans shall
also require metropolitan sewer district approval.
[CC 1970 App. B (App. A) §A.12; Ord.
No. 5765 §1, 6-24-2003]
A.
Erosion And Stormwater Runoff Control Plan. Every land development
or subdivision shall make adequate provisions to minimize and control
both long- and short-term erosion in accordance with the requirements
of this Subdivision Ordinance.
B.
Temporary Control Measures. Temporary erosion and sediment
control measures are intended to maintain siltation on the land development
or subdivision especially if construction is not going to be completed
within a single construction period. Grading shall be phased so that
the amount of exposed area at any one time is minimized. The erosion
and stormwater control plan shall include a map of the site indicating
proposed grading phases and which shows required best management practices
as directed by the Director of Public Works to be in compliance with
the City's Phase II stormwater permit.
C.
Graded
areas shall be immediately stabilized and maintained to prevent or
minimize erosion until permanent stabilization measures are in place.
Permissible temporary erosion control techniques include contour furrowing
or other surface roughening techniques, fertilizing, seeding, mulching
and/or sodding. On steep slopes (twenty-five percent (25%) or greater)
the application of asphalt emulsion is a desirable technique.
D.
Slope
changes should be designed to keep the slope length and gradient to
a minimum, thus minimizing stormwater velocities over graded areas.
Measures shall be taken to direct stormwater from graded portions
of the site. Sediment shall be retained on site by filtering runoff
and/or by providing properly designed siltation basins. Truck and
equipment accessways to the site of the operation shall be located
so as to minimize danger to traffic and nuisance to surrounding properties.
Such access shall be kept either wet or oiled or treated with a chemical
dust deterrent or paved to the extent necessary to prevent any dust
nuisance to surrounding properties. Public streets and sidewalks shall
be maintained free of soil and debris.
E.
Long-Term Erosion Control. The erosion and stormwater control
plan shall be prepared and shall be designed to minimize the grading
and erosion of the site and when such activity is in conjunction with
land subdivision, the plan shall be submitted with and incorporated
into the subdivision plat as required per this Subdivision Ordinance.
Issuance of any building or related permit shall be conditional upon
the approval by the Director of Public Works and the Building Official
of a satisfactory plan which conforms with the following standards:
1.
All excavations, grading or filling shall have a finished grade not
to exceed thirty-three percent (33%) except that embankments less
than three (3) feet in height shall be exempt therefrom if properly
sloped and sodded. Steeper grades are allowed if the excavation is
through rock or the excavation or fill is protected by a properly
designed revetment or retaining wall approved by the Building Official.
Such walls shall not exceed a height of six (6) feet.
2.
Grading plans shall provide for sediment basins, silt barriers, diversions,
grass waterways, mulching, seeding and other acceptable erosion control
techniques whenever necessary to avoid damage to adjoining properties,
roads and storm sewers.
3.
The finished grade shall provide for surface water from drainage
areas in excess of ten thousand (10,000) square feet to be intercepted
by diversion swales or inlets and lowered to a stable outlet constructed
of concrete, riprap or pipe.
4.
Land adjoining the proposed land development or subdivision shall
be provided with protection from accelerated and increased surface
water, silt disposition and any other consequences of erosion. Where
it is necessary for the protection of such property to enter upon
property outside the control of the applicant for such purpose, the
applicant must obtain appropriate consent. The applicant shall, at
his/her own expense, shore up and protect all buildings, walls, fences
or other property likely to be damaged during the progress of the
grading and shall be responsible for all damage to public or private
property resulting from his/her failure to properly protect and carry
out such grading.
[CC 1970 App. B (App. A) §A.13; Ord.
No. 5765 §1, 6-24-2003]
A.
All
utility facilities, including, but not limited to, gas, water, sewer,
electric and telephone cables, shall be located underground throughout
any land development or subdivision. In instances where overhead utility
lines are existing either in the public right-of-way or in private
property, the proponent may be required to bury the portions of the
overhead utility line which extend beyond the width or length of the
subject lot(s). All utility facilities existing and proposed throughout
the land development or subdivision shall be shown on the subdivision
plat. Underground service connections to each platted lot shall be
installed.
B.
Water Facilities. Necessary action shall be taken by the
applicant to obtain water for the purpose of providing water to the
subdivision or land development suitable for human consumption for
residential, business and industrial uses and fire protection. The
developer shall contract and deposit the necessary funds with the
appropriate water utility for water lines to serve all the lots in
the subdivision. The developer shall install adequate water facilities
(including fire hydrants) subject to the specifications and standards
of the City of Clayton and the water company. Water main extensions
shall be approved by the City of Clayton and the water company. The
subdivision plat shall include a water distribution plan.
C.
Sewers. All sanitary sewers, sanitary sewer connections,
subdivision sanitary sewer systems, sewage treatment plants and similar
sanitary facilities shall be subject to the regulations, approval
and supervision of the Building Official and the St. Louis Metropolitan
Sewer District (MSD).
D.
All
storm sewers, storm sewer connections, subdivision storm sewer systems
and other drainage facilities shall be subject to the regulations,
approval and supervision of the Building Official and the St. Louis
Metropolitan Sewer District (MSD).
E.
Fire Hydrants. Fire hydrants shall be installed in all subdivisions
by the subdivider under the supervision and in accordance with the
standards of the Fire Marshal of the Clayton Fire Department and the
Director of Public Works.
F.
Street Lighting. Installation of street lighting may be
required at the discretion of the Director of Public Works. All proposed
street lighting shall approved by the Department of Public Works prior
to installation.
[CC 1970 App. B (App. A) §A.14; Ord.
No. 5765 §1, 6-24-2003]
Street name signs shall be erected at all street intersections
on diagonally opposite corners so that they will be on the far right-hand
side of the intersection for traffic on the more important street
per the Manual of Traffic Control Devices.
[CC 1970 App. B (App. A) §A.15; Ord.
No. 5765 §1, 6-24-2003]
The developer shall plant trees along all streets in new residential
subdivisions and along the street frontage of any land development.
Before any trees are planted, a plan of such planting shall be submitted
as part of the subdivision plat for his/her review and recommendation
to the Plan Commission and/or Board of Aldermen. Factors to be considered
in reviewing the plan shall include, but shall not be limited to,
prevention of the planting of certain species that would become nuisances
because of insects or disease or because of their roots unduly interfering
with the sewer mains or other underground utilities or location of
the trees obstructing sight distances for vehicles at intersections
or making the installation of utilities, sidewalks or similar improvement
costly or difficult or similar location features that may be undesirable.
In no case shall a tree be planted that has a trunk diameter of less
than two and one-half (2½) inches as measured six (6) inches
above the ground.
[CC 1970 App. B (App. A) §A.16; Ord.
No. 5765 §1, 6-24-2003]
A.
Any
common open space reserved within a subdivision or land development
shall be planned to have a defined role and purpose. For instance,
common open space shall be laid out to serve as a buffer from or between
surrounding uses or activities, to provide for or accommodate pedestrian
circulation, to encourage passive or active recreation uses for the
residents or occupants of the subdivision or land development or for
utility easements or to allow for the preservation of unique or special
natural features such as mature trees, natural drainage courses or
areas of steep slope.
B.
In
the event any common open space or improvements as described in this
Section are to be provided in a subdivision for the common use, protection
or enjoyment of the residents thereof, the developer must include
in his/her trust indenture, submitted for approval as part of the
subdivision plat, provision for funding and undertaking the maintenance,
repair or replacement of these common open spaces, improvements, facilities
or utilities.
C.
All
common land shall be conveyed by the developer in fee simple absolute
title by warranty deed to the trustees of the subdivision. The developer
shall at the time of recording the plat of such subdivision record
a trust indenture providing that such common land shall be held and
maintained by the trustees for the benefit, use and enjoyment of the
lot owners, present and future, of such subdivision. Such trust indenture
shall provide a uniform means of assessment to ensure that all such
common land and any improvements constructed thereon shall be maintained
by the trustees for the lot owners in compliance with the ordinances
of the City of Clayton and in such manner that such land and improvements
will remain attractive and useful to the lot owners and not be injurious
to the health, safety and welfare of the lot owners and of residents
of surrounding areas. Such trust indenture shall also provide that
the conveyance or change of ownership of any lot shall carry with
it ownership in the common land and that no lot owner shall have the
right to convey his/her interest in such common land except as an
incident of the ownership of a platted lot even though such provisions
are not expressly included in the deed of conveyance and shall further
provide that no right or power conferred on the trustees by such indenture
in order to comply with the provisions of this paragraph may be abrogated.
All such trust indentures shall be submitted to the City Attorney
for his/her approval as to legal form and shall be recorded with the
St. Louis County Recorder of Deeds of St. Louis County simultaneously
with the recording of the subdivision plat.
D.
If
the trustees of any such subdivision should fail to maintain any common
area or street in accordance with the ordinances of the City of Clayton
or in such manner as to assure their intended use or in such manner
as to injure the health, safety or welfare of the lot owners or of
residents of surrounding areas or in such manner as to be detrimental
to the property values of surrounding areas, the City of Clayton may
bring an action to compel the trustees or lot owners, or both, to
correct any condition in such common area or street failing to meet
any of the above standards.
[CC 1970 App. B (App. A) §A.17; Ord.
No. 5765 §1, 6-24-2003]
A.
A copy
of any trust indenture proposed for the subdivision describing proposed
covenants, restrictions and conditions applicable to a property shall
be submitted for review by staff at the time of staff plat review.
The trust indentures shall be forwarded to the Plan Commission for
their consideration and recommendation to the Board of Aldermen. The
Board of Aldermen shall have the authority to approve any trust indenture
proposed as part of a major subdivision. In considering and acting
upon trust indentures, staff, the Plan Commission and the Board of
Aldermen shall take the following standards into consideration:
1.
Timely conversion to owners;
2.
Equal treatment of developer;
3.
Compliance with all applicable City codes, ordinances and standards;
4.
In the event the subdivision includes open space or other facilities
commonly useable and accessible to the residents of the subdivision,
said trust indenture shall provide for assessments to be levied against
property owners within the subdivision to maintain, repair and replace
said facilities or open space as necessary.
