[Ord. No. 11-25 §1(44.010), 9-26-2011]
The rules and regulations governing plats of subdivisions of land and lot splits contained herein shall apply within the corporate limits of the City in accordance with the provisions of Section 89.400, RSMo.
[Ord. No. 11-25 §1(44.020), 9-26-2011]
For the purpose of these regulations, certain words and terms used herein are defined as follows:
- A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to back or side of properties otherwise abutting a street and which may be used for public utility purposes.
- AREA, BUILDING
- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of unenclosed porches, terraces and steps.
- AREA, NET SITE
- The total area within the property lines excluding external streets.
- A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural or drainage channels, or a combination thereof.
- BUILDING LINE OR SETBACK LINE
- A line or lines designating the area outside of which buildings may not be erected.
- COMPREHENSIVE PLAN
- The sketch plan, City Plan, or Comprehensive Plan of the City, whether in whole or in part, as adopted by the Planning and Zoning Commission, approved by the Board of Aldermen and duly recorded in the office of the County Recorder. It may consist of several maps, data, and other descriptive matter for the physical development of the City or any portion thereof, including any amendment, extension or additions thereof adopted by the Board of Aldermen indicating the general locations for major streets, parks, schools, or other public open spaces, public building sites, routes for public utilities, zoning districts, or other similar information.
- A grant by the property owner to the public, a corporation, or persons of the use of a strip of land for specific purposes.
- ENGINEER, CITY
- The duly designated engineer of the City.
- All the property frontage on one (1) side of a street between the two (2) nearest intersecting streets or other natural barriers.
- The slope of a road specified in percent and shown on road profile plan as required herein.
- Grading, sanitary and storm sewers, water mains, pavements, curbs and gutters, sidewalks, road signs, lights, trees, and other appropriate improvements required to render land suitable for the use proposed.
- Land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards and lot area as are required by this resolution, and having its principal frontage upon a street or a place approved by the Commission.
- LOT, CORNER
- A lot, or portion thereof, not greater than one hundred (100) feet in width and situated at the intersection of two (2) or more streets having an angle or intersection of not more than one hundred thirty-five degrees (135°).
- LOT DEPTH
- The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
- LOT, DOUBLE FRONTAGE
- A lot which runs through a block from street to street and which has two (2) non-intersecting sides abutting on two (2) or more streets.
- LOT LINES
- The boundaries of a lot.
- LOT WIDTH
- The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
- MAJOR STREET PLAN
- The official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Planning and Zoning Commission, approved by the Board of Aldermen, and duly recorded in the office of the County Recorder.
- OFFICIAL MAP
- The map showing streets, highways, and parks and drainage, both existing and proposed.
- OFFICIAL SUBMISSION DATE
- The date when a subdivision plan shall be considered submitted to the Planning and Zoning Commission and is hereby defined to be the date of the meeting of the Planning and Zoning Commission at which all required surveys, plans, and data are submitted.
- OPEN SPACE - PUBLIC
- Land which may be dedicated or reserved for acquisition for general use by the public, including parks, recreation areas, school sites, community or public building sites, and other lands.
- PLANNING AND ZONING COMMISSION REPRESENTATIVE
- The City Clerk of the City for matters pertaining to the subdivision of land.
- A map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties.
- PLAT, FINAL
- A map of a land subdivision prepared in form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
- PLAT, PRELIMINARY
- A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
- Any public or private right-of-way which affords the primary means of access to abutting property.
- STREET, COLLECTOR
- A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
- STREET, CUL-DE-SAC
- A street or portion of a street with only one (1) vehicular traffic outlet. The closed end has a turnaround.
- STREET, LOCAL
- A street intended to serve primarily as an access to abutting properties.
- STREET, MAJOR
- A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas; such streets are freeways, expressways, and arterials.
- A person, firm, corporation, partnership, or association who shall lay out any subdivision or part thereof as defined herein, either for himself/herself or others.
- The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
- YARD, FRONT
- A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
- YARD, REAR
- A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot lines.
- YARD, SIDE
- A yard between a main building and the side lot line extending from the front yard or front lot lines where no front yard is required to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
[Ord. No. 11-25 §1(44.030), 9-26-2011]
Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this regulation shall be guilty of an ordinance violation. In addition, repeated or continuous violations may be enjoined under the authority of Chapter 89, RSMo.
[Ord. No. 11-25 §1(44.040), 9-26-2011]
Any owner or any proprietor of any tract of land situated within the corporate limits of the City who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Recorder of Deeds.
[Ord. No. 11-25 §1(44.050), 9-26-2011]
No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Commission and the Board of Aldermen in accordance with the regulations set forth in this Chapter and so certified by the City Clerk.
[Ord. No. 11-25 §1(44.060), 9-26-2011]
There shall be paid to the City Clerk at the time of submission of the preliminary plat a fee in the following amount: Twenty-five dollars ($25.00), plus one dollar ($1.00) per lot for the first (1st) fifty (50) lots, plus fifty cents ($.50) per lot thereafter, plus a deposit of ten thousand dollars ($10,000.00) to be utilized for the City's actual out-of-pocket costs of inspection, engineering review, legal review of the plat submitted, and for review of additional documents as required by this Code, including review and inspection of infrastructure plans and improvements. The City shall submit periodic accounts to the developer and may require an additional deposit as funds are depleted. Any funds remaining in the deposit shall be refunded. No action of the Planning and Zoning Commission or Mayor and Board of Aldermen shall be valid until the fee has been paid to the City Clerk. This fee will be charged on all plats, regardless of the action taken, whether the plat is approved or disapproved.
[Ord. No. 11-25 §1(44.070), 9-26-2011]
Every plat shall be prepared by a registered land surveyor duly licensed by the State who shall endorse upon each such plat a certificate signed by him/her setting forth the source of the title of the owner of the land subdivided and the place of record of the last instrument in the chain of the title and shall cause his/her seal to be affixed on the face of the plat.
[Ord. No. 11-25 §1(44.080), 9-26-2011]
Every plat or the deed of dedication to which such plat is attached shall contain, in addition to the registered land surveyor's certificate, a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in the plat in question is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any, which shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged, before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged shall be filed and recorded in the office of the Recorder of Deeds of the County and indexed under the names of the subdivision.
No owner, or agent of the owner, of any land located within the platting jurisdiction of 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 of Aldermen or Planning and Zoning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning and Zoning Commission. Any person violating the provisions of this Section shall forfeit and pay to the municipality 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. A municipality may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[Ord. No. 11-25 §1(44.100), 9-26-2011]
Land subject to flooding, land with excessive slope, and land deemed by the Planning and Zoning Commission and/or City Engineer to be undesirable for development shall not be platted for residential occupancy or for such other uses as may involve danger to health, life, or property, or to aggravate erosion or flood hazard. Such land shall be set aside for uses compatible with existing conditions.
[Ord. No. 11-25 §1(44.110), 9-26-2011]
In planning and developing a subdivision, the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.150 and with the rules and regulations and required improvements set forth in Section 410.160 in these regulations and in every case shall pursue the following procedure:
Not less than forty-five (45) days before preparing and submitting the preliminary plat to the Planning and Zoning Commission, the developer or his/her engineer or surveyor shall consult with the representative of the Planning and Zoning Commission, while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, collector streets, parkways, parks, playgrounds, school sites, and other community facilities or planned developments and to acquaint himself/herself with the Commission's requirements. The pre-application time period may be reduced by the representative at his/her discretion. During pre-application proceedings, the general features of the subdivision, its layout, facilities, and required improvements shall be determined to the extent necessary for preparation of the preliminary plat. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished the developer.
The developer shall submit a preliminary plat of the proposed subdivision, which shall conform with the requirements set forth in Section 410.120, at least two (2) weeks prior to the meeting of the Planning and Zoning Commission at which action is desired.
The preliminary plat shall be checked by the Planning and Zoning Commission as to its conformity with the City Plan, as to the compliance with the standards, requirements, and principles hereinafter prescribed. The Planning and Zoning Commission shall cause said preliminary plat to be checked by the Planning and Zoning Commission's representative and/or the City Engineer to ascertain compliance with all applicable additional requirements of municipal, County, State, and Federal departments and agencies concerned, and with applicable regulations of public utility companies.
Upon completion of all required improvements as stipulated by the Planning and Zoning Commission, the developer shall file with the Planning and Zoning Commission the final plat of the subdivision. The final plat and completion of improvements, or the bond or escrow agreement therefore need only cover that portion of the plat for which final approval is requested.
The approval of the Commission or the refusal to approve shall take place within sixty (60) days from and after the submission of the plat unless extensions are granted for good and adequate cause. The grounds for refusal of any plat submitted or regulations violated by the plat shall be stated upon the record of the Planning and Zoning Commission.
[Ord. No. 11-25 §1(44.120), 9-26-2011]
The preliminary plat of the proposed subdivision and three (3) black line or blue line prints prepared by a qualified registered professional engineer and/or surveyor shall accompany the application to the Planning and Zoning Commission. The horizontal scale of the preliminary plat shall be one hundred (100) feet or less to the inch, and the vertical scale of street and sewer profiles ten (10) feet or less to the inch.
A vicinity sketch at a scale of four hundred (400) feet or more to the inch shall be drawn on or shall accompany the preliminary plat. The sketch shall show:
All existing subdivisions and the street and tract lines or acreage parcels of land, together with the name of record owners of such parcels immediately adjoining the proposed subdivisions and between it;
The nearest existing highways or thoroughfares, streets and alleys in neighboring subdivisions or unplatted property involved in producing the most advantageous development of the entire neighborhood;
Section, range, and township; and
Any corporation or ad hoc district lines, such as school or water districts, etc.
The preliminary plat shall clearly show the following features and information:
Name. The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the City;
Designation. The tract designation according to real estate records of the Recorder of the County where located;
Owners of record. The names and addresses of the owner or owners of record, the developer and the engineer or surveyor;
Abutting owners. The name of adjacent subdivisions and the names of record owners of adjacent parcels of unplatted land;
Boundary lines. The boundary lines, accurate in scale, of the tract to be subdivided;
Streets—other features. The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing permanent buildings, large trees and watercourses, railroad lines, corporation and township lines, and utility lines, etc.;
Utilities—existing and proposed. Existing and proposed sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto;
Physical characteristics. Topography and contours, normally with intervals of two (2) feet or as may be otherwise required by the Planning and Zoning Commission;
Proposed design—street, drainage, etc.
The functional classification (major, minor, etc.) and widths of proposed streets, alleys, and easements;
The location and approximate sizes of catch basins, culverts, and other drainage structures; and
The layout, numbers and approximate dimensions of proposed lots. Proposed street names shall be established to the satisfaction of the Planning and Zoning Commission representative and the approval obtained from the local U.S. Postmaster and shall not duplicate or closely approximate any existing or platted street names in the City, except extensions of existing streets.
Zoning. Zoning boundary lines if any; proposed uses of property and proposed front yard setback lines;
North point, etc. North point, scale, date, and title; and
Deed restrictions. Copies of any private restrictions to be included in the deeds should be attached to the preliminary plat.
[Ord. No. 11-25 §1(44.130), 9-26-2011]
In addition to all the standard requirements for a preliminary plat as indicated in Section 410.120 of this document, the altered or additional requirements contained below will be required as part of the final plat.
Seven (7) black line or blue line prints of the final record plat of the subdivision or of any part of a larger subdivision shall be submitted to the Planning and Zoning Commission by the developer together with a written application for approval on forms provided by the Planning and Zoning Commission. The final plat shall be a print or prints on linen tracing cloth—cronaflex, mylar, or similar durable material. The plat shall be drawn at a scale of one hundred (100) feet or less to the inch. Said scale shall be indicated on the plat graphically.
True bearings and distances to the nearest established street bounds, patent, or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. The length of all arcs-radii, points of curvature and tangent bearings; all easements and rights-of-way when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); and all lot lines with dimensions in feet and hundredths and with bearings and angles to minutes.
The accurate location and material of all permanent reference monuments.
Lots shall be arranged in numerical order.
The accurate outline of all property which is offered for dedication for public use and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use shall be marked on each plat "dedicated to the public" and shall be accepted, in writing, by the Governing Body of the City by affixing the signature of the chief official on the plat.
An affidavit and certificate by a qualified registered land surveyor to the effect that he/she has fully complied with the requirements of these regulations and the subdivision laws of the State of Missouri governing surveying, dividing, and mapping of the land, that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it; and that the plat represents a survey made by him/her that all monuments indicated thereon actually exist and their location, size, and material are correctly shown.
A certificate issued by the authorized City and County Officials to the effect that there are no unpaid taxes due and payable at the time of plat approval and no unpaid special assessments, whether or not due and payable at the time of plat approval, on any of the lands included in the plat, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.
[Ord. No. 11-25 §1(44.140), 9-26-2011]
The following shall be permitted as exceptions to this Chapter:
In the case of small subdivisions (four (4) lots or less) of minor importance situated in a locality where conditions are well defined, the Planning and Zoning Commission, on written request of the developer, may exempt the developer from complying with some of the requirements stipulated in Sections 410.110 and 410.130 pertaining to the preparation of the plats. A developer may not, however, be exempted from any design requirements specified in Section 410.150 of these regulations.
Any proposed lot split shall be submitted to the Planning and Zoning Commission for review, and if the Planning and Zoning Commission, acting through its representative, is satisfied that such proposed lot split is not contrary to applicable regulations, it shall, within twenty (20) days after submission, approve such lot split, and on presentation of a conveyance of said parcel, shall stamp the same "approved by the City Planning and Zoning Commission, no plat required" and have it signed by the City Engineer or other official as may be designated by it. In so doing, the Planning and Zoning Commission may require the submission of a sketch plat, record of survey, and such information as it may deem pertinent to its determination hereunder.
In any particular case where the developer can show by plan and written statement that by reason of exceptional topographic or other physical conditions literal compliance with any requirement of these regulations would cause exceptional and undue hardship, the Planning and Zoning Commission may adjust and/or modify such requirement to the extent deemed just and proper so as to relieve such difficulty or hardship; provided that such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable general development or welfare of the neighborhood and the community in accordance with the Comprehensive Plan and zoning ordinance. Any modification shall be provided in the ordinance which approves the subdivision plat.
[Ord. No. 11-25 §1(44.150), 9-26-2011]
The following standards shall be required of all subdivisions:
In order to protect the health, safety, and general welfare of the people, the Planning and Zoning Commission and Board of Aldermen will reject any proposed subdivision or portion thereof located in an area subject to periodic flooding unless such flooding is controlled and regulated pursuant to an approved storm water management plan. Whenever a subdivision is proposed to be located in an area having poor drainage or other adverse physical characteristics and impairment, the Planning and Zoning Commission may approve the plat, provided the developer binds himself/herself legally to make such improvements in the approved storm water management plan.
Storm water plans shall be designed by an engineer and shall comply with the City's Design Manual:
Use the City of Joplin adopted precipitation data;
Use the SCS method for detention with Huff's distribution;
Detention outlets shall have staged releases so as to minimize potential adverse effects;
All street inlets spacing shall be designed to allow eight (8) foot spread from gutter flag out with no curb overtopping in the 100-year flood plain;
Hydraulic grade lines in pipes for the 25-year storm shall stay below the gutter and 100- year conveyed within the right-of-way;
HDP pipe will be allowed everywhere with a minimum of one (1) foot cover, except under streets where CL III concrete pipe will be required. Plastic pipe that is exposed will be required to have concrete flared end sections;
Detention basins shall be constructed first (1st), seeded with established grass and "as built" volumes approved prior to issuance of building permits;
No lots will be allowed to hook up to City water prior to sanitary system installed, tested and completed;
Any lots lying adjacent to drainage easements will be required to have finished floor elevations shown on the final plat one (1) foot above 100-year flood;
Release of all storm water shall be drained into downstream easements or natural channels; however, if developer exhausts all options at his/her disposal and cannot come to agreement with adjoining property owners, the City may allow the point release onto adjoining neighbors with a minimum thirty (30) foot buffer from the property line;
Homeowners' association covenants shall be required to maintain the detention basin and any common areas prior to issuance of building permits;
All necessary Missouri DNR permits for land disturbance, water, and sewer construction shall be received by City prior to starting construction.
The subdivision layout shall conform to the official major street plan or other elements of the Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a highway, thoroughfare, or other major or collector street so designed on said plat, such part of such public way shall be platted by the developer in the location and at the width indicated in the plan.
The street layout of the subdivision shall be in general conformity with a plan for the most advantageous and aesthetically pleasing development of the entire neighborhood, including adjoining areas. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned, or platted streets with which they are to connect.
Dead-end street. Dead-end streets of reasonable length (normally not over five hundred (500) feet), with appropriate cul-de-sac, may be approved where necessitated by topography or where, at the option of the Planning and Zoning Commission and Board of Aldermen, they are appropriate for the type of development contemplated.
Intersecting streets. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. Four (4) way intersections shall be used for minor interior streets wherever practicable and not conflict with other applicable design principles and standards. Street jogs centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.
Half-width streets. Wherever there abuts the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half-width of such street or alley shall be platted such that the ultimate right-of-way conforms to the minimum standards included herein.
Block widths. Blocks shall have sufficient width to provide for two (2) tiers of lots of approximate equal depth, except in the case of reversed frontages.
Block length. The length of the blocks shall be such as may be appropriate, in the opinion of the Planning and Zoning Commission and Board of Aldermen, for the locality and the type of development contemplated, but shall not exceed one thousand five hundred (1,500) feet where the average size of lots does not exceed two (2) acres in area.
Access. Each lot shall be provided with access to a public street or highway to assure convenient ingress and egress to and from such lot and to provide adequately for the layout of utilities, garbage, and waste removal, fire and police protection, and other services, and to protect and further public health and safety. Residential subdivisions shall have at least one (1) and preferably two (2) accesses to public streets. Subdivisions intended for commercial or industrial occupancy shall have access to a collector street, but shall not have direct access to any residential street or residential collector street under any circumstances, except in the case of appropriately separated planned retail centers. Direct ingress or egress to an arterial street shall not be permitted from areas residentially zoned.
Street right-of-way requirements and utility easements shall be as follows:
Highways and major thoroughfares. Highways and major thoroughfares, as specified in the official major street plan of the Comprehensive Plan, not less than the easement width specified for a secondary thoroughfare.
Collector streets. Fifty (50) feet.
Minor streets, dead-end streets and cul-de-sac streets. All major streets shall have a street easement width of fifty (50) feet. All dead-end streets shall terminate in a circular turnaround having a minimum right-of-way diameter of one hundred (100) feet, unless the Planning and Zoning Commission approves a "t" or "y" shaped paved space in place of the required turning circle. Turnarounds shall not be required on dead-end streets which are less than two hundred fifty (250) feet in length and are planned to be extended in the future.
Alleys. Alleys, where platted, shall have a minimum width of twenty (20) feet.
Utility easements. Utility easements, where required, shall be at least ten (10) feet wide five (5) feet on each side of the lot line) along rear, front, and side lot lines. Easements of adequate width shall be provided for open drainage channels where required. Easements five (5) feet in width may be allowed for underground cable installations.
Minimum pavement widths, back to back of curb, required to be installed at applicant's expense, shall be as follows:
Major thoroughfares and collector streets. Thirty-one (31) feet. In the case of a major thoroughfare or collector street, the Planning and Zoning Commission and Board of Aldermen may require pavements wider than thirty-four (34) feet. The sequence of improvements shall be established by the planning official.
Minor, dead-end and cul-de-sac streets. Thirty-one (31) feet. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of eighty (80) feet. A "t" or "y" shaped paved space, when approved by the Planning and Zoning Commission, in place of a turning circle shall extend entirely across the width of the street right-of-way, except for sidewalk space, and shall be at least ten (10) feet wide with the flared portion rounded by minimum radii of twenty (20) feet.
Alleys and service drives. Eighteen (18) feet.
Sidewalks. Sidewalks shall be installed on at least one (1) side of the street and may be required by the Planning and Zoning Commission on both sides of any street, including minor residential streets. Sidewalks shall have a minimum width of four (4) feet in residential areas and eight (8) feet in commercial and industrial areas.
The grades of streets shall not exceed the following, except that where unusual or exceptional conditions exist, the Planning and Zoning Commission may modify these requirements.
Highways and major thoroughfares 4.0%
Collector streets 7.0%
Minor streets, service drives, and alleys 12.0%
Pedestrian ways or crosswalks 12.0% unless steps of an acceptable design are to be constructed.
Minimum grade. In no event shall the minimum grade of any street or alley be less than one-half of one percent (.5%).
Radii of curvature. The radii of curvature on the centerline shall not be less than four hundred (400) feet for major thoroughfares, two hundred fifty (250) feet for collector streets, and one hundred fifty (150) feet for minor streets.
Corner radii. Curbs at intersections shall have a minimum radius of thirty-two (32) feet at the back of the curb.
The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with applicable zoning ordinance or regulations.
Depth. Excessive depth in relation to width shall be avoided. (A proportion of one (1) to one (1) or two (2) to one (1) will normally be considered appropriate, except in the case of narrow lots.)
Street access. Every lot shall abut on a street, subject to the requirements of Section 410.150(3) hereof.
Width. Lots for residential purposes shall have sufficient width at the building setback lines to permit compliance with side yard or distance requirements of the applicable zoning ordinance or regulations and still be adequate for a building of practicable width.
Double-frontage. Except as otherwise provided herein, double-frontage lots and reversed frontage lots shall be avoided.
Side lot lines. Where practicable, side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot faces.
Corner lots. Corner lots for residential use shall be platted wider than interior lots to permit compliance with the yard and setback requirements for the applicable zoning ordinance.
Minimum lot size. Where not otherwise determined by applicable zoning ordinance or regulations, the minimum lot size for residential purposes shall be seven thousand five hundred (7,500) square feet, with a minimum frontage of sixty-five (65) feet, a minimum side yard of ten percent (10%) of the frontage on each side, a rear yard of twenty-five (25) feet, except for accessory structures, and a front yard of twenty (20) feet.
Inspection requirements. The City or its duly appointed agent shall inspect all improvements as follows:
Streets. Subgrade shall be approved by an engineer prior to placement of base;
Subbase shall be approved prior to the placement of asphalt;
Asphalt or concrete cones shall be taken at three hundred (300) to five hundred (500) foot spacing after placement to establish proper thickness;
Developer will be required to pressure test all sanitary and sewer mains and submit the tests to the City;
Manholes shall be vacuum tested; and
All other improvements shall be inspected periodically during construction to ensure compliance with this Code.
Impact fees. The Board of Aldermen reserves the right to establish appropriate impact fees for streets, parks, public safety, or the use of other City services if, in the opinion of the City Engineer, the anticipated development will result in unusual demands for such services. Impact fees shall be paid prior to final plat approval and shall be determined upon submission of the preliminary plan.
[Ord. No. 11-25 §1(44.160), 9-26-2011]
All improvements required under these regulations shall be constructed in accordance with the specifications and under the supervision of the official having jurisdiction in the manner prescribed below:
Before consideration of a final subdivision plat, the applicant must have submitted and have obtained approval of improvement plans for all improvements planned for the subdivision and have installed said improvements in accordance with the approved improvement plans, or in lieu of installation of said improvements, a satisfactory escrow agreement, lender's agreement, land subdivision bond, or other form of security may be submitted insuring or guaranteeing their construction in accordance with the approved plans.
The escrow agreement, lender's agreement, land subdivision bond, or other security hereinbefore provided shall:
Be prepared on forms furnished by the Planning and Zoning Commission, and stored in the office of the Administrative Officer.
Approved by the City Engineer and City Attorney.
Be executed by the Planning and Zoning Commission Chairman subject to the approval of the Board of Aldermen.
Guarantee the improvements set forth in the approved improvement plans by providing for a deposit with a qualified escrow depository of that sum of lawful money of the United States of America or a land subdivision bond or a lender's agreement in the amount which the City Engineer shall reasonably estimate as the cost of said improvements.
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit of the City Engineer and/or Board of Aldermen of the City of Oronogo.
If there is a lender agreement, it shall be subject to the audit of the City Engineer and/or the Board of Aldermen of the City of Oronogo, Missouri.
The estimated sum shall be held by the escrow holder or the lender, as in the agreement provided, until such time as the City Engineer recommends a release be authorized. The Board of Aldermen shall approve all releases. Authorization shall be written and addressed to the escrow holder or the lender authorizing release. The Administrative Officer will coordinate the recommended release for disbursement by the escrow holder or the lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed, as the work progresses and when approved by the City Engineer and Board of Aldermen. In no case shall the escrow holder or lender release more than ninety-five percent (95%) of the estimated sum until improvements and installations have been completed in a satisfactory manner in accordance with the subdivision regulations and approved by the City Engineer. The remaining five percent (5%) shall be released upon acceptance or final approval of said improvements by the Board of Aldermen. The estimated sum shall be held by the surety, as in the agreement provided, until such time as the Board of Aldermen shall, by written authorization addressed to the surety, release the land subdivision bond total sum. This amount shall only be authorized to be released in its entirety after the City Engineer certifies that all the improvements have been constructed in accordance with the approved plans, meets all the requirements of the City of Oronogo subdivision regulations, and that the streets and storm water sewer structures located within the public right-of-way have been accepted for maintenance by the City of Oronogo.
The City shall release funds for any completed segment of the work thirty (30) days after an approved inspection of the segment of the work; provided no deficiencies were reported during the thirty (30) day period.
In the event that the improvements are not satisfactorily installed within two (2) years after approval of the improvement plans, the City of Oronogo has the right to remove said monies to complete the guaranteed improvements, unless an extension in time is granted by the Board of Aldermen.
Streets shall be graded to full width of the right-of-way and fully constructed with at least six (6) inches of limestone base rock and four (4) inches of asphaltic concrete and two and one-half (2½) feet concrete curbs and gutter sections in accordance with the standard street specifications of the City of Oronogo.
Improvement of existing streets. For any development fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to City specifications to the centerline of the road or street, plus an additional eight (8) feet of width as per City specifications. Curbs are to be installed by the developer on the developer's side of the road or street only.
Where a public water supply main is reasonably accessible, in the judgment of the Planning and Zoning Commission, the subdivision shall be provided with a complete loop type water distribution system adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants in accordance with the requirements of the appropriate State agency. The Planning and Zoning Commission shall not approve the final plat thereof until the Missouri Department of Natural Resources has issued a construction permit for the water distribution system to service the area being platted.
Where a public sanitary sewer main is reasonably accessible, in the opinion of the Planning and Zoning Commission, the subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a lateral connection for each lot. Such system and connection shall comply with the regulations of the Missouri Department of Natural Resources.
Where a public sanitary sewer system is not reasonably accessible, in the opinion of the Planning and Zoning Commission, but where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the State Board of Health, the developer shall install sewers in conformity with such plans. Where immediate connection is not possible and until such connection with the sewer system in the district can be made, the use of private sewage treatment facilities may be permitted, provided such disposal facilities are installed and maintained in accordance with the regulations and requirements of the Governing Body of the City and the State Board of Health. In this case, the results of percolation tests made at the site will accompany the plans.
Where no sewers are accessible and no plans for a sewer system have been prepared and approved, the developer shall either install a sewage collection and disposal system in accordance with the requirements of the preceding paragraph, or individual disposal devices may be installed on each lot within the subdivision; provided that no individual disposal devices shall be permitted unless the lots to be so served have sufficient areas to allow adequate soil absorption area for on-site sewerage disposal. The Planning and Zoning Commission may modify lot area requirements in relation to soil conditions and other pertinent facts and findings in any particular subdivision. All such individual devices and systems shall be constructed and maintained in accordance with the regulations and requirements of the Missouri State Board of Health.
Planting, street lighting.
Landscaping. All landscaped strips, parkways and screening areas dedicated to the public shall be graded, seeded and planted in an appropriate manner. Street trees shall be planted by the developer throughout the entire subdivision. Such trees shall be planted in any parkway, on both sides of the street, not less than forty (40) feet apart, but at least one (1) tree per lot, and shall be not less than two (2) inches in diameter. Specimens shall be determined by the Planning and Zoning Commission or its representative. Where shrubs are required for the purpose of screening, specimen, density, and other pertinent features shall also be determined by the Planning and Zoning Commission.
Lighting. Provisions shall be made by the developer for adequate lighting of public streets within the proposed subdivision in accordance with standards and specifications of the Planning and Zoning Commission. The developer shall install appropriate street lights at each street intersection and at mid-block if desired by the Planning and Zoning Commission and Board of Aldermen.
Street name signs and street naming.
Street names shall be shown on all plans, and street signs shall meet the requirements of the City Engineer and shall be erected by the applicant at all intersections.
For purposes of street naming, the following suffixes shall be applied.
Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
Whenever a cul-de-sac street serves not more than three (3) lots, the name of the intersecting street shall apply to the cul-de-sac.
To avoid duplication and confusion, the proposed names of all streets shall be approved by the Planning and Zoning Commission prior to such names being assigned or used.
Easements for underground conduits for electric light or telephones lines shall be provided along rear and side lot lines.
Permanent and other monuments shall be placed in accordance with the following requirements and under the supervision of the Planning and Zoning Commission representative or his/her designee.
Street points. Monuments shall be set at the intersection of all streets and the beginning and end of all curves along street centerline;
Curb marks. Curbs shall be permanently marked at the beginning and end of all curves and at the prolongation of all lot side lines;
Stakes. Stakes of a permanent nature shall be set at rear lot corners; top to be set not more than two (2) inches above ground;
Improvement plans, including the following, for improvements to be installed shall be prepared by a qualified, registered, professional engineer and submitted in accordance with the specifications of the officials having jurisdiction and no improvements shall be installed until and unless said plans have been received and approved by the said officials;
Centerline profile. The centerline profile of each proposed street, with tentative grades indicated;
Street cross-section. The cross-section of each proposed street, showing the width of pavement, the location and width of sidewalks, and the location and size of utility mains;
Sewer plans and profiles. The plans and profiles of proposed sanitary sewers and storm water sewers or storm drainage plans, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers; the drainage area contributing to the flow in each storm sewer shall be shown on a map and the hydraulic calculations for the sewer shall be provided; and
Water distribution plan. A plan of the proposed water distribution system showing pipe size and the location of valves and fire hydrants.
[Ord. No. 11-25 §1(44.170), 9-26-2011]
Prior to starting any of the work covered by the above plans after approval thereof, the developer shall make arrangements to provide for inspection of the work, sufficient, in the opinion of the City Engineer, to assure compliance with the plans and specifications as approved, and written approval obtained from the Planning and Zoning Commission or its representative.
Fees for inspection will be required to be deposited with the Administrative Officer at the time of submission of the improvement plans. These fees will be estimated by the City's Engineer upon forms provided by the Administrative Officer and must meet the approval of the City Engineer.
The construction of all improvements required by these rules and regulations shall be completed within two (2) years from the date of approval of the final plat by the Planning and Zoning Commission, unless good cause can be shown for the granting of an extension of time by authority of the Planning and Zoning Commission.
Where the subdivision contains sewers, sewage treatment plants, water supply systems, or other physical facilities that are necessary or desirable for the welfare of the area or that are of common use or benefit and which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the agency having jurisdiction over the location and maintenance of such facilities for the proper and continuous operation, maintenance, and supervision of such facilities.
[Ord. No. 11-25 §1(44.180), 9-26-2011]
Where unusual or exceptional factors or conditions exist, the Board of Aldermen may modify any of the provisions of these regulations except those of Section 410.160(1)—(5) on written application by the developer. The developer's application shall set forth the reasons for such requested modification and shall be attached to all copies of the construction plan. Modifications shall be submitted for review by the Planning and Zoning Commission and Board of Aldermen.
[Ord. No. 11-25 §1(44.190), 9-26-2011]
Notwithstanding anything contained within this Chapter 410, the developer of any subdivision in the City of Oronogo, Missouri, shall, in addition to all other warranties or representations contained herein, warrant and represent for the benefit of the City that the infrastructure improvements constructed by the developer or by his/her agents, employees, or assigns complies in all material respects with the Code of Ordinances of the City of Oronogo, Missouri. In the event there is any defect or failure of such covenant, then for a period of two (2) years from and after formal acceptance of the infrastructure improvements by the City, the City may demand the correction of the same by the developer. In the event the developer shall fail or refuse to complete such repairs to the reasonable satisfaction of the City's Engineer within the time frame of said notice, then the City of Oronogo may, but shall not be required to, make such repairs or corrections, and the reasonable cost thereof incurred by the City shall be charged to and recovered from the developer.
[Ord. No. 11-25 §2, 9-26-2011]
The provisions of this enacted code shall apply only to new subdivisions for which the developer seeks initial approval after the adoption of this code. In addition, these provisions herein shall apply to the construction of existing subdivisions or plats thereof that do not have infrastructure in place or approved as of the date of this Council bill. Provided that the developer may seek modification of some of the provisions herein if the provision is deemed unnecessary or unduly burdensome.