[CC 1978 §416.010; Bill No. 97-10(Ch. 416), 6-16-1997]
These regulations shall hereafter be known, cited and referred
to as "The Subdivision Regulations of the City of Chaffee, Missouri".
[CC 1978 §416.020; Bill No. 97-10(Ch. 416), 6-16-1997]
As used in this Chapter, the following definitions apply:
The duly appointed City Administrator or his/her designated
representative.
A secondary means of ingress and egress serving more than
one (1) tract of land and used primarily for vehicular service.
The incorporated area of the City and any future annexations
thereto, and any area over which the City exercises legal zoning regulatory
power commonly referred to as extraterritorial zoning authority.
See "STREET, ARTERIAL".
A definite point of known elevation and location and of more
or less permanent character.
An area of land surrounded by public highways, streets, streams,
railroad rights-of-way, parks or other similar areas or facilities.
A line on a plat between which line and the street right-of-way
no portion of the building may be erected, excluding landings, open
balconies and roof overhangs, subject, however, to the further requirements
of the Zoning Ordinance.
The City of Chaffee, Missouri.
See "STREET, COLLECTOR".
The Planning and Zoning Commission of the City.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by a warranty
deed to trustees whose trust indenture shall provide that such common
land be used for the sole benefit, use and enjoyment of the lot owners
present and future, and shall further provide that no lot owner shall
have the right to convey his/her interest in the common land except
as an incident of the ownership of a regularly platted lot in the
subdivision.
A street having only one (1) end open for vehicular traffic
and the other permanently terminated by a turnaround for vehicles.
That person by whom a tract will be subdivided or improved
pursuant to the requirements of this Chapter.
A grant by a property owner to the public, a corporation,
or a person of the use of land for a specific purpose, such as road
maintenance and improvements, installation of sewers and utilities.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust
company, attorney or any other person or agency approved by the City
Council to act as escrow agent under the provisions of this Chapter.
A geographic area susceptible to periodic inundation from
overflow of natural waterways and determined as to extent by the City
Council, and any further revisions thereto.
That edge of a lot bordering a street.
Those residential zoning districts in which the density is
equal to or greater than one (1) dwelling unit per fifteen thousand
(15,000) square feet.
See "STREET".
Street pavement, sidewalk grading, sidewalk pavement if included
by developer, pedestrian way pavement, water mains, storm sewers,
sanitary sewers, signs, monuments or other similar items.
The engineering drawings showing types of materials and construction
details for the physical structures and facilities, excluding dwelling
units to be installed in conjunction with the development of the subdivision.
A land surveyor registered in the State of Missouri.
See "STREET, LOCAL".
A platted parcel of land intended to be separately owned,
developed or otherwise used as a unit.
The total horizontal area within the boundaries of a lot
exclusive of any area designated for street purposes.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
Those residential zoning districts in which the density is
less than one (1) dwelling unit per fifteen thousand (15,000) square
feet.
A plan or any portion thereof for the coordinated development
of the City, adopted by the Planning and Zoning Commission, pursuant
to Chapter 89, RSMo.
See "SUBDIVISION, MINOR".
See "SUBDIVISION, NON-RESIDENTIAL".
A paved vehicle storage area directly adjacent to the multiple-family
access street pavement.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets and properties.
That subdivision plat containing the signature of the City
Clerk which designates final approval by the City Council and is recorded
in the office of the County Recorder of Deeds.
See "STREET".
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The terms includes all facilities which normally occur within the
right-of-way; it shall also include such other designations as highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place, court, drive, but shall not include an alley or a pedestrian
way.
A street so designated on the major street plan adopted by
the City Council, or otherwise designated and utilized primarily for
high vehicular speeds or for heavy volumes of traffic on a continuous
route with intersections at grade.
Streets which function as secondary land-service streets
in that they move traffic from the major streets, which distribute
traffic regionally, to local streets which distribute the traffic
to individual lots, parcels, and uses within the subdivision area
or neighborhood. Collector streets also may serve individual lots,
parcels, and uses as a secondary or additional function.
Streets which are exclusively land-service facilities for
access to abutting properties. These serve the local neighborhood
and may be in the form of a cul-de-sac or loop street; provided however,
that any combination of loop and cul-de-sac streets may be utilized
without the streets being designated as collector streets, provided
that such an arrangement serves the same function and also that the
maximum fronting lots do not exceed the total which would be allowed
within the provisions of the street specifications. Loop streets are
short independent streets which usually terminate along the same collector
street of their origin. Cul-de-sac streets are short independent streets
terminating in a circular turnaround.
A private thoroughfare which affords a means of access to
parking areas and bays and to abutting buildings which are developed
solely or principally as multi-family dwellings.
A local street generally parallel to and adjacent to arterial
streets and highways, which provides access to abutting properties
and protection from through traffic.
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.
The division of land into not more than four (4) lots shall
be classified as a minor subdivision provided:
The proposed subdivision of land does not include an improvement
within a street right-of-way, other than concrete sidewalks, grading,
monuments and water mains.
The proposed subdivision of land does not include a provision
for a public area or public facility.
The proposed subdivision of land does not adversely affect the
development of the parcel proposed for subdivision as well as the
adjoining property.
The proposed subdivision of land is not in conflict with any
provision of the City's Zoning Ordinance or this Chapter.
A tract of land, whether divided into separate lots or not,
which is intended entirely for the construction of duplexes, multiple-family
dwellings, row houses, and other arrangements of attached or connected
building units.
Either or both of:
A subdivision of land intended for construction of detached
single-family dwelling units.
An insurance company qualified and acting under the provisions
of Chapter 379, RSMo., and which is approved by the City Council to
act as surety under this Chapter.
An area or parcel of land which the developers intend to
subdivide or improve, or to cause to be subdivided or improved, pursuant
to the requirements of this Chapter.
[CC 1978 §416.030; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
By
authority of the ordinances of the City Council, adopted pursuant
to the powers and jurisdictions vested through Sections 89.010—89.140
and 89.410, RSMo., and other applicable laws, Statutes, ordinances
and regulations of the State and the City, the City Council adopts
these regulations to govern the subdivision of land, exercises the
power and authority to review, approve and disapprove plats for subdivision
land within the incorporated areas of the City and any areas subject
to extraterritorial zoning regulation by the City which show lots,
blocks or sites with or without new streets or highways. By the same
authority the City Council exercises the power and authority to pass
and approve the development of plat subdivision of land already approved
by the City Council or the County Commission if such plats are entirely
or partially undeveloped. Such a plat will be considered to be entirely
or partially undeveloped if:
[CC 1978 §416.040; Bill No. 97-10(Ch. 416), 6-16-1997]
These subdivision regulations shall apply to all subdivisions
of land located within the incorporated areas of the City or within
any area subject to extraterritorial zoning regulation by the City.
[CC 1978 §416.050; Bill No. 97-10(Ch. 416), 6-16-1997]
The purposes of this Chapter is to control the division of land
within the incorporated area of the City and within any area subject
to extraterritorial zoning regulation by the City in order to promote
the public health, safety, and general welfare of the area by regulating
the division of land in order to lessen congestion in the streets
and highways; to further the orderly development and appropriate use
of land; to establish accurate records of land subdivisions; to protect
land title; to implement the master plan of the City; to secure safety
from fire and other dangers; to facilitate adequate and coordinated
provision for transportation, water, sewerage, schools, parks, playgrounds,
and other public requirements; to facilitate the further division
of large tracts into smaller parcels of land; and, in general, to
facilitate the orderly, coordinated, efficient and economic development
of the City and the area.
[CC 1978 §416.060; Bill No. 97-10(Ch. 416), 6-16-1997]
If any part or provision of these regulations or application
thereof to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined in
its operation to the part, provision or application directly involved
in the controversy to which such judgment was rendered and shall not
affect or impair the validity of the remainder of these regulations
or the application thereof to other persons or circumstances. The
City Council hereby declares that it would have enacted the remainder
of these regulations even without any such part, provision, or application.
[CC 1978 §416.070; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
For
the purpose of providing for or protecting the public health, safety
and general welfare, the City Council may from time to time amend
the provisions imposed by these subdivision regulations. Public hearings
on all proposed amendments shall be held by the City Council in the
manner prescribed by State Statute and City ordinance.
B.
Approval
of a preliminary plat shall exempt that subdivision from subsequent
amendments to these subdivision regulations, providing the record
plat is filed within the time specified by the City Council in its
approval of the preliminary plat.
[CC 1978 §416.080; Bill No. 97-10(Ch. 416), 6-16-1997]
Every subdivision of land within the area shall be shown upon
a plat and submitted first to the Commission for its recommendation
for approval or disapproval, and then to the City Council for its
approval or disapproval. All final record plats shall be submitted
first to the Commission for its recommendation and then to the City
Council for its consideration and approval or disapproval. All subdivision
plats, whether sketch, preliminary, or final, shall also be subject
to review by the Administrative Officer. No plat shall be recorded
in the office of the Recorder of Deeds and no lots shall be sold from
such plat unless and until such plat is approved as provided for in
this Chapter.
[CC 1978 §416.090; Bill No. 97-10(Ch. 416), 6-16-1997]
Whenever any person may desire to vacate any subdivision or part thereof in which he/she shall be the legal owner of all of the lots or may desire to vacate any lot, such person may petition the City Council giving a distinct description of the property to be vacated and the names of the persons to be affected thereby, which petition shall be filed together with a filing fee in the sum of fifty dollars ($50.00). The City Council may act upon such petition under the same procedures as set forth in Section 405.700.
[CC 1978 §416.100; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
General. Where the City Council finds that extraordinary
hardships or practical difficulties may result from strict compliance
with these regulations, it may approve variances or exceptions to
these subdivision regulations so that substantial justice may be done
and the public interest secured, provided that such variance or exception
shall not have the effect of nullifying the intent and purpose of
these regulations; and further provided, the City Council shall not
grant variances unless it shall make findings based upon the evidence
presented to it in each specific case that:
1.
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located.
2.
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought, and are not
applicable generally to other property.
3.
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations are carried out.
4.
The variance will not in any manner vary the provisions of the Zoning
Ordinance, master plan or major street plan.
B.
Conditions. In granting variances and exceptions, the City
Council may require such conditions as will, in its judgment, secure
substantially the objectives or requirements of these regulations.
C.
Procedures. A petition for any such variance shall be submitted
in writing by the developer at the time when the preliminary plat
is filed for the consideration of the Commission, or at any subsequent
time prior to final approval of the record plat by the City Council.
The petition shall state fully the grounds for the application and
all of the facts relied upon by the petitioner. Approval of the record
plat by the City Council shall constitute approval of any variances
incorporated therein.
[CC 1978 §416.110; Bill No. 97-10(Ch. 416), 6-16-1997]
The City Council may waive the requirement of submission of
all other plans, except the record plat, when considering minor subdivisions.
[CC 1978 §416.120; Bill No. 97-10(Ch. 416), 6-16-1997]
In the case of any subdivision developed under any of the special
procedures in the Zoning Ordinance which requires submission of site
or development plans to the Commission or the City Council for review
or approval, or preliminary development plan required by the Zoning
Ordinance shall include all the information required herein on a sketch
plan and may be used therefor. A final development plan required by
the Zoning Ordinance shall comply with all requirements of this Chapter
for a preliminary plat and may be used therefor.
[CC 1978 §416.130; Bill No. 97-10(Ch. 416), 6-16-1997]
Recording of a subdivision plat shall not be required in case
of the sale or exchange of parcels of land between owners of adjoining
properties for the purpose of adjustments in boundaries, provided
that additional lots are not thereby created, and that the original
lots are not reduced below the minimum size required by this Chapter
or the Zoning Ordinance.
[CC 1978 §416.140; Bill No. 97-10(Ch. 416), 6-16-1997]
The Administrative Officer may adopt, amend, and publish rules
and instructions within the intent of this Chapter for the administration
of this Chapter to the end that the public be informed and that approval
of plats be expedited.
[CC 1978 §416.150; Bill No. 97-10(Ch. 416), 6-16-1997]
Decisions of the Administrative Officer relating to any matter
covered in these regulations may be appealed to the City Council by
written petition stating the basis for such appeal and the specific
relief sought.
[CC 1978 §416.160; Bill No. 97-10(Ch. 416), 6-16-1997]
Any person violating any provision of this Chapter, or any employee,
assistant, agent or any other person participating or taking any part
in, joining or aiding in a violation of any provision of this Chapter
may be prosecuted as provided by law for the violation of ordinances
of the City and upon conviction shall be punished by a fine not exceeding
five hundred dollars ($500.00) for any one (1) offense or imprisonment
for not more than three (3) months, or both such fine and imprisonment.
Each day a violation continues after service of written notice to
abate such violation shall constitute a separate offense. In addition
to the penalties hereinabove authorized and established, the City
Attorney shall take such other actions at law or in equity as may
be required to halt, terminate, remove or otherwise eliminate any
violations of this Chapter.
[CC 1978 §416.170; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
Prior
to submitting a preliminary plat for the subdivision of land within
the area, a developer may submit to the Commission a sketch plan for
the tract which shall include the following information, all of which
may be based on sources of information other than field survey data:
1.
The location of the tract in relation to the City.
2.
The approximate location of all existing structures within the tract
which are proposed to be retained.
3.
All existing streets, roads, wet and dry weather watercourses, and
other significant physical features within the tract and within five
hundred (500) feet thereof.
4.
Approximate location of proposed streets and property lines.
5.
A rough sketch of the proposed site plan.
6.
A north arrow and graphic scale.
7.
Direction of and approximate distance to nearest existing major street
intersection.
[CC 1978 §416.180; Bill No. 97-10(Ch. 416), 6-16-1997]
If a sketch plan is submitted, the Commission shall review and
evaluate the sketch plan as soon as practicable and shall report to
the developer its opinion as to the merits and feasibility of the
improvements contemplated by the sketch plan. In the event a developer
elects not to submit a sketch plan, all information contained thereon
shall be submitted on or with the preliminary plat.
[CC 1978 §416.190; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
developer shall prepare and submit first to the Commission and then
to the City Council five (5) copies of a preliminary plat of the tract.
Such preliminary plat shall be submitted after receipt of the Commission's
report on the sketch plan, if a sketch plan was submitted. The preliminary
plat shall be any scale from one (1) inch equals twenty (20) feet
through one (1) inch equals two hundred (200) feet, so long as the
scale is in an increment of ten (10) feet and shall contain the following
information:
1.
A key map showing the tract and its relation to the City.
2.
A north arrow and graphic scale.
3.
The name proposed for the tract or such part thereof as is proposed
to be subdivided, date of submission to the Commission, and the following
names and addresses:
4.
The approximate area of the tract stated in tenths of an acre.
5.
Sufficient contour data to indicate the slope and drainage of the
tract and the high and low points thereof. Contour data shall extend
one hundred fifty (150) feet beyond the limits of the subdivision
boundaries. U.S.G.S. data is acceptable.
6.
The locations of existing and proposed property lines, streets, watercourses,
sinkholes, areas within the tract subject to inundation by storm water,
railroads, bridges, culverts, storm sewers, sanitary sewers, easements
of record, existing buildings or other improvements that are to remain.
7.
The zoning district, including delineation of a flood plain zoning
district, if any, and the township, range, section and U.S. survey.
8.
Approximate area in square feet of minimum and maximum size of lots,
of less than one (1) acre in area, and in acres and tenths of acres
if one (1) acre or more in area, into which the tract is proposed
to be subdivided.
9.
Any proposed alteration, adjustment or change in the elevation or
topography of any area in a flood plain zoning district.
10.
Proposed type of treatment or method of sewage disposal to include
name or location of trunk and lateral line or qualified treatment
system, where applicable.
11.
If the developer intends to subdivide any portion of the parcel into
a multiple-dwelling unit subdivision or a subdivision being developed
under a special use procedure Section of the Zoning Ordinance, then
the preliminary plat shall, in addition, include the following data:
12.
A certification by the party who prepared the plat that the plat
is a correct representation of all existing and proposed land subdivisions.
[CC 1978 §416.200; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
Commission shall review the preliminary plat as shown as practicable
and:
1.
If the preliminary plat is satisfactory, the Secretary of the Commission
shall forward it to the City Council together with the recommendation
of the Commission for approval.
2.
If the preliminary plat is unsatisfactory, the Commission shall give
notice to the submitting party in writing, setting forth the conditions
causing the disapproval, and the unsatisfactory conditions shall be
remedied prior to further consideration by the Commission.
3.
If the unsatisfactory conditions are not remedied within thirty (30)
days of such notice, the Secretary of the Commission shall forward
the preliminary plat to the City Council together with the recommendation
of the Commission for:
4.
If no recommendation from the Commission is received by the City Council within forty-five (45) days of date of submission of preliminary plat to the Commission, and no adverse report has been given to the submitting party by the Commission, it shall be assumed to have been approved, and the City Council may proceed with their review of the preliminary plat in accordance with Section 410.210.
5.
Whenever a preliminary plat includes a proposed establishment of
common land, and the Commission recommends or the City Council finds
that such land is not suitable for common land due to terrain, benefit
to a small portion of the lot owners, difficulty of maintenance or
any similar reason, the City Council may either refuse to approve
such an establishment, or it may require the rearrangement of the
lots in the proposed subdivision to include such land. In any case
where the establishment of common land is permitted to be included
in the subdivision of a tract, a trust indenture shall be recorded
simultaneously with the record plat which shall provide for the proper
and continuous maintenance and supervision of such common land by
trustees to be selected and to act in accordance with the terms of
such indenture and the common land shall be deeded to the trustees
under such indenture by general warranty deed. Any alteration of the
common land or improvement will require the submission of detailed
improvement plans and will be considered a required improvement.
[CC 1978 §416.210; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
City Council shall review the preliminary plat as soon as practicable
after receipt of the report of the Commission and:
1.
If the plat is satisfactory, the City Clerk upon direction from the City Council shall thereupon affix a notation of approval, date of approval, the signature of the City Clerk and the Seal of the City on the plat denoting satisfactory compliance with the requirements of this Chapter. The plat shall be returned to the developer who may then proceed in accordance with Section 410.230.
2.
If the preliminary plat is unsatisfactory, the City Council shall
give notice to the submitting party in writing, setting forth the
conditions causing the disapproval, and the unsatisfactory conditions
shall be remedied prior to further consideration by the City Council.
3.
The approval by the City Council of the preliminary plat shall be
valid for a period of two (2) years from the date of approval, or
such longer period, up to a maximum of five (5) years, as the City
Council may determine to be advisable if after review by the City
Council such longer period is necessary to facilitate adequate and
coordinated provisions for transportation, water, sewerage, schools,
parks, playgrounds or other public requirements. If no record plat
of a subdivision or any part of the tract for which a preliminary
plat has been approved is recorded within such two (2) year period,
or such longer period as the City Council shall permit, a resubmission
and review thereof by the Commission and the City Council may be required.
[CC 1978 §416.220; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
After
approval of the preliminary plat by the City Council, the developer
shall be permitted to divide the plat into two (2) or more sections
in a manner to assure orderly development of the subdivision. In the
event of such sectionalizing:
1.
The performance bond or escrow agreement shall be in such amount
as is commensurate with the section or sections of the plat for which
improvements will be installed or guaranteed and for which a separate
record plat will be filed.
2.
Submission of bond or escrow agreement assuring improvements in the
remaining sections may be deferred until such time as the developer
proposes to submit a record plat of such deferred section or sections.
3.
Dedication of streets, easements and public improvements must be
made in each section for which a record plat is submitted, but may
be deferred in the remaining sections until such times as a record
plat is submitted for any such deferred section or sections.
4.
A record plat may be submitted to the City Council for each section
for which improvements have been installed or guaranteed and if approved
by the City Council shall be filed with the County Recorder of Deeds.
5.
Each such section shall contain at least ten percent (10%) of the
total number of lots or at least eight (8) lots, whichever is greater,
in the approved preliminary plat.
6.
A record plat of the initial section must be submitted for approval
within two (2) years of the date of approval of the preliminary plat,
or resubmission and review of the preliminary plat by the Commission
and the City Council may be required.
7.
If a record plat is approved for a section or sections of the approved
preliminary plat within two (2) years of the date of approval of the
preliminary plat, approval of the remaining sections of such preliminary
plat shall be valid for a period of five (5) years from the date of
approval of the preliminary plat by the City Council.
[CC 1978 §416.230; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
After
the preliminary plat is approved, three (3) copies of the improvement
plans prepared by an engineer for the subdivision of all of the tract,
or any section of the tract that is sectionalized by the developer,
shall be submitted for review to the Administrative Officer. Improvement
plans shall be prepared on an exhibit twenty-four (24) inches by thirty-six
(36) inches and shall contain the following information:
1.
Title page, which shall include key map showing the relationship
of the area to be subdivided to the tract and which shall reflect
areas of the tract previously subdivided plus adjacent streets.
2.
North arrow and graphic scale.
3.
Title block showing name and address of developer and engineering
firm, as well as the engineer's seal.
4.
One (1) or more benchmarks, in or near the subdivision, to which
the subdivision is referenced. The identity and elevation shall be
based on sea level datum.
5.
List of the standards and specifications followed, citing volume,
section, page or other references.
6.
Paving details conforming to City standard specifications.
7.
Details of streets, existing and proposed sanitary sewers, drainage
channels, swales, and storm sewers.
8.
Plans and profiles of streets and sewers, scale not less than one
(1) inch equals ten (10) feet vertical.
9.
Existing and proposed survey monuments on street plans or on submitted
copy of plans to be on proposed record plat.
10.
Proposed locations of all water mains.
[CC 1978 §416.240; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
procedure for reviewing the improvement plans shall be as follows:
1.
There shall be submitted the required number of paving and street
grade plans together with drainage maps and runoff sheets for storm
water. The plans shall be reviewed first by the Administrative Officer
and then by the City Council. The proposed sanitary sewage facilities
of the subdivision shall be reviewed first by the Administrative Officer
and then by the City Council. Corrections or additions shall be made,
if needed, and when the plans are satisfactory to those agencies reviewing
the same, approval shall be given by the City Council.
[CC 1978 §416.250; Bill No. 97-10(Ch. 416), 6-16-1997]
Approval by the City Council of the improvement plans shall
be valid for a period of two (2) years from the date of such approval,
or for such longer period, up to a maximum of five (5) years, as the
City Council may determine to be advisable if after review by the
City Council such longer period is necessary to facilitate adequate
and coordinated provisions for transportation, water, sewer, parks,
playgrounds, or other public requirements. If the construction of
the improvements shall not have been completed within the two (2)
year period or such longer period as the City Council may permit,
a resubmission and review of the improvement plans by the Administrative
Officer and the City Council may be required.
[CC 1978 §416.260; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
After
the improvement plans have been approved and all inspection fees paid,
but before approval of the record plat and before any lots are sold,
the developer shall either:
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the Administrative Officer,
or
2.
Post a land subdivision bond or enter into an escrow agreement 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 City Council for approval
or disapproval. Such forms shall be reviewed by the Administrative
Officer prior to being sent to the City Council.
[CC 1978 §416.270; Bill No. 97-10(Ch. 416), 6-16-1997]
A land subdivision bond shall be valid only if issued by a surety
company or a title insurance company and shall insure or guarantee,
to the extent of the amount specified by the Administrative Officer
in his/her estimate of the cost thereof, the construction and completion
of the improvements shown by the approved improvement plans.
[CC 1978 §416.280; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
An
escrow agreement shall provide that there shall be deposited with
the escrow agent to be held in a special escrow account by the escrow
agent, subject to audit by the City:
1.
A cash amount which shall be not less than the amount specified by
the Administrative Officer in his/her 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
approved by the City Council to the escrow agent guaranteeing to such
escrow agent the availability, from time to time upon demand, of a
sum which shall be not less than the amount specified by the Administrative
Officer in his/her estimate of the cost of the improvements as reflected
by the approved improvement plans; or
3.
Certificates of deposit, treasury bills or other readily negotiable
instruments, the type of which has been approved by the City Council,
endorsed to the escrow agent and the cash value of which shall be
in an amount not less than the amount specified by the Administrative
Officer in his/her estimate of the cost of the improvements as reflected
by the approved improvement plans.
[CC 1978 §416.290; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
bond shall remain in effect or the escrowed sum shall be held in the
escrow account by the escrow agent, as the case may be, until such
time as the City Council shall, by written authorization to the surety
or escrow agent, release the surety from the obligation of the bond
or the escrow agent from his/her obligation to retain the escrowed
sum in the escrow account, which release may be partial and may occur
from time to time as improvements are completed and approved, provided
however:
1.
The City Council shall release the surety or escrow agent from all
or any part of its obligation only upon receipt of the requisite written
notification from the Administrative Officer; and
2.
In no case shall the City Council authorize the release of more than
ninety-five percent (95%) of the amount held as the bond or escrow
sum until such improvements have been completed in a satisfactory
manner, approved by the Administrative Officer and accepted or approved
by the City Council.
[CC 1978 §416.300; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
term of the land subdivision bond or the escrow agreement shall not
exceed two (2) years in duration subject to the following:
1.
If, at the end of the two (2) year period, all the improvements reflected
by the approved improvement plans have not been completed, the City
Council may grant an extension of the term of the land subdivision
bond or the escrow agreement for a period not to exceed one (1) additional
year at each extension if after review by the City Council such longer
period is deemed to be in the public interest. If such improvements
have not been completed at the end of the two (2) year period or the
extended period authorized by the City Council, the City Council may:
a.
Require the surety to perform on the bond and pay to the City such
amount as shall be equal to the lesser of the amount required to complete
the improvements or the amount of the bond not theretofore released;
or
b.
Require the escrow agent or 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 cost of constructing the approved 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 Attorney is authorized to take immediate action
to require performance by the surety under the bond or to secure the
payment by the escrow agent of the amount required.
[CC 1978 §416.310; Bill No. 97-10(Ch. 416), 6-16-1997]
To be eligible all escrow agents and sureties shall be approved
by the City Council. All escrow agents and sureties shall be subject
to spot audits by the City. 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 improvement
in the City or the area for a period of two (2) years.
[CC 1978 §416.320; Bill No. 97-10(Ch. 416), 6-16-1997]
The record plat which shall be on tracing cloth, drafting film, or the equivalent, together with copies of any deed restrictions which are required by ordinance, where such are too lengthy to be shown on the plat, and accompanied by tender of appropriate fees as outlined in Sections 410.350, 410.360 and 410.370, shall be submitted first to the Commission for its recommendation and then to the City Council for final approval. Upon approval of the record plat by the City Council, the City Clerk, at the Council's direction, shall sign the plat with the date of such approval and shall affix the Seal of the City. Approval of the record plat by the City Council shall constitute approval of any variances from these regulations incorporated therein.
[CC 1978 §416.330; Bill No. 97-10(Ch. 416), 6-16-1997]
The record plat shall be filed with the County Recorder of Deeds
by the developer within sixty (60) days after approval by the City
Council. If any record plat is not filed within this period, the approval
shall expire.
[CC 1978 §416.340; Bill No. 97-10(Ch. 416), 6-16-1997;
Bill No. 2007-03(416.340P), 3-19-2007]
A.
The
record plat shall be prepared by a registered land surveyor at any
scale from one (1) inch equals twenty (20) feet to one (1) inch equals
one hundred (100) feet in any increment of ten (10) feet from an accurate
survey on one (1) or more sheets whose maximum dimensions are twenty-four
(24) inches by twenty-four (24) inches, or whatever the County Recorder
will accept. In certain unusual instances where the subdivided area
is of unusual size or shape, the Administrative Officer may permit
a variation in the scale or size of the record plat. If more than
one (1) sheet is required, a key map on Sheet No. 1 showing the entire
subdivision at reduced scale shall be provided. The record plat shall
show and be accompanied by the following information:
1.
North arrow, graphic scale, and name of owner or owners.
2.
The boundary lines within and the boundary lines of the subdivision
with accurate distances and bearings; also in section, U.S. survey
and congressional, township and range lines; and the boundary lines
of any legally established districts within or adjacent to or abutting
on the subdivision.
3.
The lines of all proposed streets and alleys with their widths and
names.
4.
An accurate delineation of any property offered for dedication to
public use.
5.
The line of departure of one street from another.
6.
The boundary lines of all adjoining lands where the boundary intersects
or touches the subdivision boundary and the right-of-way lines of
adjacent streets and alleys with their widths and names.
7.
All lot lines and an identification system for all lots and blocks.
8.
Building lines and easements for rights-of-way provided for public
use, service or utilities, with figures showing their dimensions,
and listing uses that are being provided.
9.
All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, building lines, and of any other
areas for public or private use. The linear dimensions are to be expressed
in feet and decimals of a foot.
10.
All survey monuments, together with their descriptions.
11.
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, into which the tract is proposed
to be subdivided.
12.
Name of subdivision and description of property subdivided, showing
its location and area. If the subdivision is developed under special
procedures of the Zoning Ordinance, the plat shall specify the appropriate
development procedure.
13.
Certification by a registered land surveyor to the effect that the
plat represents a survey made by him/her, and that the locations of
all required survey monuments, installed or to be installed, are correctly
shown thereon. The month and year during which the survey was made
shall also be shown.
14.
Private restrictions and trusteeships where required by ordinance
and their periods of existence. Should such restrictions and trusteeships
be of such length as to make the lettering the same on plat impracticable
and thus necessitate the preparation of a separate instrument, reference
to such instrument shall be made on the plat.
15.
Language dedicating all streets to public use.
16.
Show or have attached the State plane coordinates tied to the City's
geographic information system (GIS) and additionally submit the same
in AutoCad format on a three and one-half (3½) inch floppy
disk or CD or other then common technologically electronic format
as may be reasonably required by the City.
[CC 1978 §416.350; Bill No. 97-10(Ch. 416), 6-16-1997]
There shall be a subdivision permit fee calculated on the basis
of twenty-five dollars ($25.00) per lot and subject to a one hundred
dollar ($100.00) minimum accompanying the submission of a proposed
record plat for each subdivision or section thereof, except multiple-dwelling
unit subdivisions and non-residential subdivisions.
[CC 1978 §416.360; Bill No. 97-10(Ch. 416), 6-16-1997]
There shall be a subdivision permit fee calculated on the basis
of twenty-five dollars ($25.00) per dwelling unit and subject to a
one hundred dollar ($100.00) minimum accompanying the submission of
a proposed record plat for each multiple-dwelling unit subdivision
or section thereof.
[CC 1978 §416.370; Bill No. 97-10(Ch. 416), 6-16-1997]
There shall be a subdivision permit fee accompanying the submission
of a proposed record plat for each non-residential subdivision or
section thereof, calculated on the basis of twenty-five dollars ($25.00)
per acre and subject to a one hundred dollar ($100.00) minimum.
[CC 1978 §416.380; Bill No. 97-10(Ch. 416), 6-16-1997]
The City shall also collect inspection fees at the rate of twenty
dollars ($20.00) per hour, based upon the Administrative Officer's
estimate of time required to inspect storm sewers and other drainage
structures, and the streets, public or private, including paving,
grading, and if included by the developer, sidewalks. The City shall
be entitled to full compensation for the time consumed in making such
inspections. If the estimated fee is inadequate, the necessary additional
fees shall be collected by the City after the inspections are completed;
and if the estimated fee is in excess of the amount actually expended,
the balance shall be refunded by the City. Claims for such refunds
shall be made to the City in writing and shall be paid when audited
and approved by the Administrative Officer.
[CC 1978 §416.390; Bill No. 97-10(Ch. 416), 6-16-1997]
After the sanitary sewers and storm sewers have been constructed
and installed, but before the Administrative Officer recommends final
approval or acceptance, the developer shall submit five (5) copies
of as-built drawings of such sanitary sewers and storm sewers.
[CC 1978 §416.400; Bill No. 97-10(Ch. 416), 6-16-1997]
Before the developer's obligation to the City is terminated,
all required improvements shall be constructed under the observation
and inspection of the Administrative Officer and accepted for maintenance
and given final approval by the City Council.
[CC 1978 §416.410; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
size, shape, and orientation of lots shall be designed to provide
desirable building sites logically related to topography, natural
features, streets, and adjacent land uses. The following minimum standards
are set forth as guides to these goals:
1.
Each proposed lot containing an area of less than three (3) acres
shall front upon a street accepted by the City or improved to the
standards and specifications of the City.
2.
Lots with double frontage should be avoided, except where necessary
to provide separation of the subdivision from traffic arteries, or
as otherwise required by topography or similar conditions. In approving
double fronting lots, the Council may require the developer to create
deed restrictions to limit access to one street or the other.
3.
Where additional widening strips are dedicated on existing streets,
calculations of the area of a lot shall not include widening strips
in determining the gross area of the lot.
4.
The lot area shall meet the requirements of the Zoning Ordinance.
5.
Residential lots shall confirm to the following minimum requirements:
a.
All lots shall contain at least seven thousand (7,000) square feet
all lots containing an area of seven thousand (7,000) square feet,
but less than ten thousand (10,000) square feet, shall have a minimum
width at the required building line of sixty (60) feet.
b.
All lots containing an area of ten thousand (10,000) square feet,
but less than twenty thousand (20,000) square feet, shall have a minimum
width at the required building line of eighty (80) feet.
c.
All lots containing an area of twenty thousand (20,000) square feet,
but less than two (2) acres, shall have a minimum width at the required
building line of one hundred (100) feet.
d.
All lots containing an area of two (2) acres or more shall have a
minimum width at the required building line of one hundred fifty (150)
feet.
6.
Minimum footage widths shall be determined at the normal building
line.
7.
The minimum width required for a lot fronting on a circular turnaround
may be measured along a line parallel to the street right-of-way,
at a distance from the street right-of-way line equal to the depth
of the required front yard plus ten (10) feet.
8.
The minimum width at the right-of-way line for lots fronting on a
circular turnaround shall be not less than thirty-six (36) feet.
9.
Side lot lines shall be at right angles to straight streets and radial
to curved streets, except when such radial lot lines detract from
the desirability of the lot.
10.
Corner lots for residential use shall have adequate width to permit
appropriate building lines from both streets.
[CC 1978 §416.420; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
A multiple-dwelling
unit subdivision may consist of only one (1) parcel of land or may
include separate lots for one (1) or more multi-family buildings or
may include separate lots for each dwelling unit. The orientation
of structures and lots shall be designed to provide desirable building
sites logically related to topography, streets, parking areas, common
land (if any), other structures, adjacent land uses and:
1.
If divided into lots, such lots shall not be deemed "lots" for the
purpose of determining minimum lot area as provided in the Zoning
Ordinance, providing however, that the total number of dwelling units
does not exceed the maximum density requirements of the zoning district
or of any special use ordinance enacted pertaining to the tract encompassed
within the subdivision.
2.
Any such lots need not front or abut directly on a street, providing
that suitable access and easements are provided for both vehicular
and pedestrian traffic.
3.
In the event the plan proposes the construction of dwelling units
or freestanding walls either joined together or having a common wall
but on separate lots, such group of dwelling units or walls or both
shall be deemed one (1) structure for the purpose of determining the
side, front, and rear yard limitations of the Zoning Ordinance.
4.
Notwithstanding any other provisions of this Chapter, roadways primarily
intended to service parking areas as determined by the City shall
not be considered streets for the purpose of Section 416.520.
[CC 1978 §416.430; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
Principles. In addition to the standards of this Chapter
which are appropriate to the planning of all subdivisions, the non-residential
developer shall demonstrate to the satisfaction of the Commission
and the City Council that the proposed non-residential subdivision
is specifically adapted to the uses anticipated. Unless otherwise
set forth below, the standards and procedures established elsewhere
in this Chapter as applicable to all subdivisions shall apply to non-residential
subdivisions as well.
B.
Standards. Anything to the contrary appearing in this Chapter
notwithstanding, the following standards and procedures shall apply
to non-residential subdivisions:
1.
Where the recorded covenant of a non-residential subdivision requires
off-street parking and off-street loading, a minimum road frontage
of fifty (50) feet shall be required for non-residential lots of any
size.
2.
There shall be no restrictions as to the maximum block lengths in
a non-residential subdivision.
3.
The Commission may recommend or the City Council may require pedestrian
ways, sidewalks and fencing in a non-residential subdivision to provide
access to parks, schools, shopping areas, or similar facilities, or
as otherwise necessary to insure the public safety.
4.
The minimum radius of thirty-two (32) feet at the back of the curb
shall be required at all street intersections in a non-residential
subdivision.
5.
Sidewalks shall not be required in a non-residential subdivision developed in an "M-1" or "M-2" Industrial Zoning District, unless required in Subsection (B)(3) above.
6.
All streets in a non-residential subdivision shall be designed to meet at least the minimum requirements of pavement width and right-of-way width as set forth in Section 410.450 and Appendix A of this Chapter. Collector streets in a non-residential subdivision may be built in two (2) stages of two (2) lanes in each stage.
7.
The Commission may recommend or the City Council may approve dead-end
streets of more than seven hundred (700) feet in a non-residential
subdivision, but all such dead-end streets shall have a turnaround
with a minimum diameter at the back of the curb of at least eighty-four
(84) feet. Islands shall not be required in turnarounds in a non-residential
subdivision.
8.
There shall be no requirements for a non-residential subdivision
to provide for rights-of-way, including approach rights-of-way and
slope easements, for construction of underpass or overpass where a
street in a non-residential subdivision crosses railroad tracks, except
in the case of arterial and collector streets as defined elsewhere
in this Chapter. In such cases, the construction of an underpass or
overpass, the installation of electric warning signals, or other precautionary
measures may be required if deemed by the Commission or the City Council
to be necessary for the public policy.
9.
Alleys may be recommended by the Commission or required by the City
Council in non-residential subdivisions only where other provisions
have not been made for service access, such as off-street loading,
unloading, and parking, which provisions are adequate for the uses
proposed within the subdivision.
10.
Survey monuments shall not be required in non-residential subdivisions
except as set forth below.
a.
A permanent survey marker, as defined elsewhere in this Chapter,
shall be placed on at least two (2) corners of each intersecting street
in a non-residential subdivision and at each corner of the subdivision
outboundary, and such survey markers shall be placed by a land surveyor.
Additional survey monuments shall not be required in the resubdivision
of a lot of a recorded non-residential subdivision.
b.
Such permanent survey monuments may be placed after all street and
related utilities have been installed in the portion of the non-residential
subdivision being improved.
11.
The provisions of Section 410.590, as it pertains to the underground installation of telephone and electric utilities, shall not be applicable to non-residential subdivisions.
12.
Every reasonable effort shall be made to protect adjacent residential
areas from non-residential subdivisions and every reasonable effort
shall be made to protect non-residential subdivisions from residential
subdivisions.
C.
Procedures. All procedures set forth in this Chapter shall
be adhered to except the following may also be required or done:
1.
The surface conditions of the property, results of any tests made
to ascertain subsurface rock, soil, and water table, and spot elevations
and slope ratios sufficient to prepare a grading plan may be required
by the City Council where such conditions affect rights-of-way, easements,
or other public areas within the non-residential subdivision.
2.
The non-residential developer may submit improvement plans after the preliminary plat is approved on part of the non-residential subdivision only, and the Commission and the City Council shall review such partial improvement plans submitted as set forth in Section 410.230, as though they were being submitted in their entirety for the complete subdivision, so that the non-residential developer may proceed with the construction and installation of the necessary improvements to a specific industrial site. The land subdivision bond or the escrow agreements guarantying the installation of such improvements as set forth in this Chapter shall cover only that portion of the subdivision improvements required to serve the specific industrial site, and the record plat for such an industrial site shall be approved by the City Council in accordance with the terms set forth in Section 410.320, as though the improvement plans submitted covered the entire installation of the applicable improvements.
3.
The location of proposed property lines may be changed by the non-residential
developer from time to time to accommodate the sale of specific industrial
building sites within the subdivision without such change requiring
a review and/or reapproval by the Commission and the City Council
of the plat of the subject non-residential subdivision, providing
such relocation of property lines does not require the relocation
of any utility easements or street rights-of-way. The addition to,
or the eliminating from, the preliminary plat of any of the aforesaid
items may similarly be made by the non-residential developer for the
purpose stated without the approval and/or the review of the Commission.
[CC 1978 §416.440; Bill No. 97-10(Ch. 416), 6-16-1997]
Block lengths shall not exceed one thousand five hundred (1,500)
feet, except as the City Council deems necessary to secure the efficient
use of land or desired features of street layout. The City Council
may require pedestrian ways to provide access to parks, schools, shopping
areas, or similar facilities, or where otherwise indicated to insure
the public safety. In the event that a pedestrian way is required,
not less than a ten (10) foot right-of-way shall be set aside providing
for a five (5) foot wide and four (4) inch thick Portland cement pavement
or other hard surface approved by the City Council.
[CC 1978 §416.450; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
The
arrangement, character, extent, width, grade and location of all streets
shall be considered in their relation to existing and proposed streets,
to topographical conditions, to public convenience and safety, and
in their appropriate relation to the proposed uses of the land to
be served by the streets. The following standards shall apply:
1.
Arrangement of streets shall reasonably conform as nearly as possible
to the major street plan, and the developer shall make provision for
the extension of arterial, collector and local streets. Except for
dead-end streets, streets normally shall connect with streets already
established, or provide for future connections to adjoining unsubdivided
tracts, or shall be a reasonable projection of streets in the nearest
subdivided tracts.
2.
Local street intersection jogs or discontinuities with centerline
offsets of less than one hundred (100) feet shall be avoided.
3.
Reserved strips of land which control or limit access at the terminus
of streets are prohibited.
4.
A tangent of at least one hundred (100) feet long shall be introduced
between reverse curves on arterial and collector streets.
5.
A subdivision entrance street shall intersect the arterial or collector
street with an interior angle between seventy degrees (70°) and
ninety degrees (90°) extending a minimum distance of one hundred
(100) feet.
6.
A minimum radius of twenty (20) feet at street right-of-way intersection
and a minimum radius of thirty-two (32) feet at the back of the curb
shall be required. Greater radii may be required at the intersection
and at the back of the curb of a street with an arterial street. The
City Council may permit comparable cutoffs or chords in lieu of rounded
corners.
7.
All streets intersecting on arterial or collector streets shall be
directly opposite existing or other proposed streets or shall be a
minimum of three hundred (300) feet distant, as measured between street
centerlines.
8.
Streets shall be constructed to standard specifications of the City
as established by the City Council.
9.
All stub streets in excess of two hundred fifty (250) feet in length
shall be provided with a temporary turnaround.
10.
All streets shall be designed to meet the minimum requirements set
forth in Appendix A to this Chapter, which is designed to provide
the maximum allowable flexibility in street construction standards,
while at the same time insuring the protection of the public interest.
The widths of right-of-way and pavement are allowed to vary as functions
of the type of street and the corresponding intensity of use warrant.
Street classifications may be indicated on the master plan, or major
street plan; otherwise, it shall be determined by the City Council.
11.
Any subdivision platted along an existing street shall provide additional
right-of-way, as necessary, not to exceed twenty (20) feet on each
side, to meet the width requirements herein set forth. When the subdivision
is located on only one (1) side of an existing street or road, one-half
(½) of the required right-of-way width shall be provided, measured
from the centerline of the right-of-way as originally established.
12.
Whenever 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 so that the ultimate right-of-way
conforms to the minimum standards set forth in this Chapter. This
Section applies only to presently existing half streets existing at
the date of this Chapter. There will be no half-width streets platted
or accepted from the date of this Chapter forward.
13.
A subdivision plat involving new or existing streets crossing railroad
tracks shall provide adequate rights-of-way, including approach rights-of-way
and slope easements for construction of an underpass or overpass,
unless otherwise specified by the City Council.
14.
A street on which residential lots front and which parallels but
is not adjacent to a railroad right-of-way shall be at a distance
from the railroad right-of-way sufficient to provide lots with a minimum
depth of one hundred sixty (160) feet.
15.
The City Council may require a street to be dedicated to public use
in order to provide proper traffic circulation.
16.
All streets in subdivisions platted after June 20, 1997, shall be
dedicated to public use.
[CC 1978 §416.460; Bill No. 97-10(Ch. 416), 6-16-1997]
Proposed streets which are continuations of, or in general alignment
with, existing named streets shall bear the names of such existing
streets. The name of a proposed street which is not in alignment with
an existing street shall not duplicate the name of any existing or
platted street. All the names of streets proposed by the subdivider
shall be approved by the City Council prior to submitting the proposed
record plat for review.
[CC 1978 §416.470; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
Alleys
may be provided in a residential district and if provided shall be
at least twenty (20) feet wide and shall be constructed according
to standards of the City; also:
[CC 1978 §416.480; Bill No. 97-10(Ch. 416), 6-16-1997]
A.
All
proposed subdivisions shall have easements as determined by the City
Council to be adequate for the installation and maintenance of utility
facilities; and:
1.
Storm water easements and drainage rights-of-way may be required
if necessary for proper drainage within and through a subdivision.
2.
Where a cut or fill for a street extends beyond the limits of the
right-of-way, the developer shall provide a slope easement as determined
by the Administrative Officer to be of sufficient area and limits
to permit the construction and maintenance of the slope.
3.
Whenever a stream or surface drainage course is located in an area
proposed for a subdivision, the developer shall provide an easement
determined by the City Council to be adequate in area to contain facilities
to take care of flooding or erosion along such stream or surface drainage
course.
[CC 1978 §416.490; Bill No. 97-10, 6-16-1997]
Survey monuments shall be placed, by a land surveyor, at all
street corners, and so located to angle points, points of tangency
of curves on one (1) side of the street, and at all boundary corners.
Should conditions prohibit the placing of any monuments at the above
locations, offsetting of the permanent marker is permitted; provided
however, that exact off-street courses and distances are shown on
the record plat. Monuments shall be of Portland cement concrete not
less than two (2) feet long, not less than four (4) inches square
or five (5) inches in diameter.
[CC 1978 §416.500; Bill No. 97-10(Ch. 416), 6-16-1997]
All streets shall be graded and the roadway improved by surfacing.
Roadway surfacing shall be in accordance with standards and specifications
of the City as established by the City Council. All grading and surfacing
shall be done under observation and inspection of the Administrative
Officer and shall be subject to his/her approval. The treatment of
the intersection of any new street with a State highway shall be subject
to approval by the district engineer of the State Highway Department.
[CC 1978 §416.510; Bill No. 97-10(Ch. 416), 6-16-1997]
At such time as a subdivision is proposed adjacent to a street
that is accepted and maintained by the City, that portion of such
street adjacent to the proposed subdivision shall be improved to handle
the increased traffic due to such subdivision, and the additional
right-of-way and the cost of improvement of half of the right-of-way
adjacent to the proposed subdivision shall be included in the overall
subdivision improvements. The improvements shall be made to current
City specifications and standards and shall comply with the major
street plan of the City.
[CC 1978 §416.520; Bill No. 97-10(Ch. 416), 6-16-1997]
At the time street improvements are installed, the right-of-way
adjacent to the surfaced portion of the street shall be graded to
allow for future construction of sidewalks on both sides of all streets.
Such grading shall conform to City specifications and shall be required
improvements unless a specific variance is granted. A variance from
the requirement for sidewalk grading may be recommended by the Commission
or granted by the City Council where sidewalks are not deemed necessary
for public safety, or where topographical or other conditions would
make their future installation and use impractical.
[CC 1978 §416.530; Bill No. 97-10(Ch.416), 6-16-1997]
A.
Installation
of sidewalks shall be optional with the developer, but if included
in the improvement plans, shall be constructed in accordance with
specifications of the City and Section 71.365, RSMo. In the absence
of applicable specifications, the minimum requirements for any sidewalks
included in the improvement plans shall be as follows:
1.
Residential sidewalks shall be of concrete, four (4) feet wide and
four (4) inches thick, except in driveways where a six (6) inch thickness
shall be required.
2.
Non-residential sidewalks shall be of concrete, six (6) feet wide
with tree wells, and four (4) inches thick, except at driveways where
a seven (7) inch thickness shall be required.
[CC 1978 §416.540; Bill No. 97-10(Ch. 416), 6-16-1997]
All subdivisions shall have an approved water system that provides
adequate potable water in each lot. All water systems shall be designed
and constructed in accordance with applicable City ordinances and
specifications, and regulations of the Department of Natural Resources.
Water systems shall also be designed to provide adequate fire control
flow within the subdivision.
[CC 1978 §416.550; Bill No. 97-10(Ch. 416), 6-16-1997]
Storm drainage improvements consisting of storm sewers or open
channels shall adequately drain the areas being developed. The design
of drainage improvements shall be coordinated to the extent possible
with present and probable future improvements so as to form part of
an integrated system. Adequate provisions shall be made for the disposal
of storm water, in accordance with the specifications and standards
of the City, and subject to the inspection and approval of the Administrative
Officer.
[CC 1978 §416.560; Bill No. 97-10(Ch. 416), 6-16-1997]
Where an approved public or privately owned sanitary sewer system
is reasonably accessible that meets the requirements of the City and
the Missouri Clean Water Commission, the developer shall connect with
such sanitary sewer and provide adequate sewer lines to each lot.
Sewer connections and subdivision sewer systems shall comply with
the regulations of the Missouri Clean Water Commission and the City,
and shall be constructed under the observation and inspection of the
Administrative Officer, and shall be approved by the City Council.
[CC 1978 §416.570; Bill No. 97-10(Ch. 416), 6-16-1997]
Where an approved public or privately owned sanitary sewer is
not reasonably accessible, but where plans for installation of sanitary
sewers in the vicinity of the subdivision have been prepared and approved,
the developer shall install sewers in conformity with such plans,
although a connection to an existing main may not be immediately practicable.
In such cases, and until a connection is made with an approved public
or privately owned sewer system, the use of a sewage treatment facility
will be permitted, provided such disposal facilities are constructed
in accordance with the regulations and requirements of the Missouri
Clean Water Commission and the Zoning Ordinance, and constructed under
the observation and inspection of the Administrative Officer.
[CC 1978 §416.580; Bill No. 97-10(Ch. 416), 6-16-1997]
Where no sewers are accessible and no plans for same have been
prepared, the developer shall install sewer lines and a disposal system
in accordance with the requirements of the preceding Section. If the
subdivided lots have a minimum width of one hundred (100) feet and
contain a minimum area of twenty thousand (20,000) square feet or
more, he/she may instead install an individual sewage disposal system
for each lot, but each such individual sewage disposal system shall
comply with the regulations and requirements of the Missouri clean
Water Commission and be constructed under the observation and inspection
of the Administrative Officer and approved by the City Council.
[CC 1978 §416.590; Bill No. 97-10(Ch. 416), 6-16-1997]
All electric and telephone distribution lines shall be installed
underground, except those overhead distribution feeder lines necessary
to serve the subdivision and in locations as approved by the City
Council. Cable switching enclosures, pad-mounted transformers, and
service pedestals may also be installed above ground and may be installed
as a part of the street lighting standards where approved by the City
Council.
[CC 1978 §416.600; Bill No. 97-10(Ch. 416), 6-16-1997]
If structures or plantings are proposed at the subdivision entrance,
it shall be done in such a manner as not to obscure the vision of
oncoming traffic. The City Council may require the clearing of underbrush,
and may require the sodding or seeding in common land where the common
land has been altered.
