[R.O. 2009 § 415.010; Ord. No. 782 § 1 (Sub. Regs. §§ 1 – 2), 7-31-1980]
A. 
Rules. For the purpose of these subdivision regulations, the following rules shall apply:
1. 
Words and numbers used singularly shall include the plural and the plural shall be singular. Words used in the present tense shall include the future.
2. 
The word "persons" includes a corporation, members of a partnership or other business organization, a committee, board, trustee, receiver, agent or other representative.
3. 
The word "shall" is mandatory.
4. 
The words "use," "used," "occupy" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged" or "designed" to be used or occupied.
B. 
Definitions. Definitions for the interpretation of these rules and regulations are as follows:
ALLEY
A public or private right-of-way which affords only a secondary means of access to abutting property.
[1]
BLOCK
A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
[2]
CUL-DE-SAC
A street having one (1) end open to traffic and being permanently terminated by a vehicular turnaround.
DESIGN
The location of streets, alignment of streets, grades and widths of streets, alignment of easement, grades and widths of easements, alignment and rights-of-way for drainage and sanitary sewers and the designation minimum lot area, width and length.
DOUBLE FRONTAGE LOT
A lot where the front and rear yards abut separate streets.
EASEMENT
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
Either the City or County Engineer depending upon the area of government jurisdiction.
FINAL PLAT
A plan or map prepared in accordance with the provisions of this regulation and those of any other applicable local regulation, which plat is prepared to be placed on record in the office of the Register of Deeds of the County in which any part of the subdivision is located.
GOVERNING BODY
The elected Governing Body having jurisdiction.
IMPROVEMENTS
Streets work and utilities that are to be installed or agreed to be installed by the subdivider on the land to be used for public or private use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map or filing of the record of the survey map thereof.
[3]
LOT
A portion of land in a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
MAJOR THOROUGHFARE
A street, highway or roadway designated as such on the official major street plan.
MARGINAL ACCESS STREETS OR FRONTAGE ROADS
A minor street which is generally parallel to or adjacent to the major thoroughfare, highway or railroad right-of-way and provided access to abutting properties.
PEDESTRIAN WAY
A right-of-way dedicated to the public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
PLANNING AREA
That area on a map prepared and maintained for or by the Planning Commission describing the planning area limits.
PLANNING COMMISSION
The Planning Commission having jurisdiction.
PRELIMINARY PLAT
A map made showing the design of a proposed subdivision and the existing conditions in and around it; this map need not be based on accurate or a detailed final survey of the property.
SECRETARY
Secretary of the Planning Commission.
SETBACK LINE OR BUILDING LINE
A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected or altered, except as otherwise provided in the zoning regulations.
STREET (GENERALLY)
A right-of-way, dedicated to the public use, which provides principal vehicular and pedestrian access to adjacent properties.
[Ord. No. 3645, 1-26-2021]
STREET, COLLECTOR
A street which collects and distributes traffic between arterial streets and local streets and is primarily intended to proved for low- to moderate-volume, low-speed, and short-length trips while also providing access to abutting properties.
[Ord. No. 3645, 1-26-2021]
STREET, LOCAL
A street primarily providing direct access to abutting properties and designed to accommodate low-volume, low-speed traffic.
[Ord. No. 3645, 1-26-2021]
STREET, MAJOR ARTERIAL
A street intended to provide for high-volume, moderate-speed traffic movement through the community and between major activity centers. Access to abutting property is subordinate to the flow of traffic, and entrances and exits to the arterial are subject to control.
[Ord. No. 3645, 1-26-2021]
STREET, MINOR ARTERIAL
A street primarily intended to collect and distribute traffic between major arterial streets and collector streets and/or to provide traffic relief to major arterial streets by use of parallel or similar route. Intended for low- to moderate-volume, low-speed and short-length trips while also providing access to abutting properties.
[Ord. No. 3645, 1-26-2021]
SUBDIVIDER
A person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself/herself or for others.
SUBDIVISION
The division of a tract of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development.
[1]
Editor's Note: The former definition of "arterial street," hich immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[2]
Editor's Note: The former definition of "collector street," which immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[3]
Editor's Note: The former definition of "local street," which immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[R.O. 2009 § 415.020; Ord. No. 782 § 1 (Sub. Regs Art. 1 §§ 1 – 5), 7-31-1980]
A. 
Jurisdiction. All plans, plats or replats of land laid out in building lots, hereafter made for each subdivision or each part thereof lying within the City, shall be prepared, presented and recorded as herein described.
B. 
Purpose And Intent. The purpose and intent of these regulations is to provide for the harmonious development of the community; to provide for the proper location and width of streets, building lines, open spaces, safety and recreational facilities, utilities, drainage and for the avoidance of congestion of population through requirements of minimum lot width, depth and area and the compatibility of design; to require and fix the extent to which and the manner in which streets shall be graded and improved and water, sewers, drainage and other utility mains and piping or connections or other physical improvements shall be installed and to provide for and secure to the proper Governing Body the actual construction of such physical improvements.
C. 
Applicability. The owner or owners of any land located within the jurisdiction of these regulations including a single lot or subdividing said land into two (2) or more lots (including lot splits) and blocks or tracts or parcels for the purpose of development or laying out any subdivision, suburban lots, building lots, tracts or parcels or any owner of any land establishing any street, alley, part or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto shall cause a plat to be made in accordance with these regulations.
D. 
Submittals And Approvals Necessary For Acceptance Of Subdivision Plats. All plans, plats or replats of land laid out in building lots and the streets, alleys or other portions of the same intended to be dedicated for public use or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto shall be submitted to the Planning Commission for its consideration and its recommendation shall be submitted to the Governing Body for their official consideration and action. Expenses incurred by the City for required reviews, inspections and/or related testing shall be reimbursed to the City, by the developer, for all costs incurred by it in performing such review, inspection and/or testing, including all professional fees incurred as a result thereof. To insure payment or reimbursement of such costs, fees and expenses, all developers and such other persons or entities associated with developers, as the Planning and Zoning Department deems appropriate, shall execute a promissory note, payable to the order of the City on demand, in such amount as is anticipated to cover such costs, fees and expenses. The maker or makers of such promissory note may satisfy the same by the timely payment of all costs, fees and expenses incurred by the City as identified hereinabove. Such promissory note shall provide for the payment of interest at no less than twelve percent (12%) per annum from and after the date of demand and shall further provide for the payment of attorney fees by the maker or makers in the event of default.
E. 
Exemptions. These regulations shall not apply in the following instances:
1. 
A change in the boundary between adjoining land which does not create an additional lot. Boundary changes must be approved by the Zoning Administrator.
2. 
Land used for streets or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations, where no new street or easement of access is involved.
3. 
Whenever any lot, parcel or tract of land located within the area governed by these regulations has been subdivided, resubdivided or replatted prior to the adoption of these regulations.
4. 
Any transfer by operation of law.
[R.O. 2009 § 415.030; Ord. No. 782 § 1 (Sub. Regs Art. 2 §§ 1 – 9), 7-31-1980; Ord. No. 2818 § I, 9-11-2008; Ord. No. 2824 § I, 10-9-2008; Ord. No. 2859 § II, 5-14-2009]
A. 
Water And Sewer.
1. 
The area of the lots shall be determined by the availability of public sewer and a public water supply. Prior to the submission of a preliminary plat, the subdivider shall obtain a determination from the engineer having jurisdiction as to whether adequate public sewer and water supply are available.
2. 
If the proposed subdivision is serviced by a public water supply and a public sewer system, the minimum lot area requirements shall be subject to those set forth herein in the zoning regulations.
3. 
If the proposed subdivision is serviced with a public water supply, but not with a public sewer system, the preliminary plat shall be prepared with three (3) acre lot minimums. If the proposed subdivision is serviced with a public sewer system, but not with a public water system, the preliminary plat shall be prepared with one-half (1/2) acre lot minimums. Provided, however, that additional lot area may be required if the area has or is suspected of having a high water table or if soil conditions prove to be unsuitable based on percolation tests.
4. 
If the proposed subdivision is not served with either a public water supply or a public sewer system, the subdivider shall submit his/her preliminary plat on the basis of minimum three-acre lots; provided, however, that additional lot area may be required if the area has or is suspected of having a high water table or if soil conditions prove to be unsuitable based on percolation tests.
B. 
Blocks.
1. 
Length. Intersecting streets (which determine block length) shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets in the neighborhood. In residential districts, the blocks shall not exceed one thousand (1,000) feet in length, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum. Blocks for business use shall normally not exceed six hundred (600) feet in length.
2. 
Width. In residential development, the block width shall normally be sufficient to allow two (2) tiers of lots of appropriate depth. Blocks intended for business or industrial use shall be of such width and depth as may be considered most suitable of the prospective use.
C. 
Streets, Alleys And Public Ways.
1. 
Relations To Adjoining Street System. The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions (or their proper projection where adjoining property is not subdivided) insofar as they may be necessary for public requirements. The width of such streets in new subdivisions shall not be less than the minimum street widths established herein. Alleys, when required, and street arrangements must also be such as to cause no hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted and dedicated as a public way.
2. 
Street Names. Street names within a new subdivision should be coordinated with adjoining streets to promote the continuation of the same street. New streets should not have the same or similar name as streets in different parts of the City, except if they are a continuation of an existing street. Coordination of street names is important and will reduce response time for emergency services such as fire, Police and ambulance.
3. 
Major Streets. Major streets through subdivisions shall conform to the major street plan as adopted by the Planning Commission and the Governing Body.
4. 
Minor Streets. Minor streets shall be so designated to discourage through or non-local traffic.
5. 
Culs-de-Sac. Culs-de-sac shall normally be no longer than five hundred (500) feet, including an adequate turnaround of not less than a one hundred (100) foot diameter right-of-way which shall be provided at the closed end.
6. 
Right Angle Intersections. Under normal conditions, streets shall be laid out to intersect, as nearly as possible, at right angles. Where topography or other conditions justify a variation from the right angle intersections, the minimum angle shall be sixty degrees (60°).
7. 
Streets Adjacent To A Railroad Right-Of-Way, Limited Access Freeway, Principal Highway. Where lots front or side, but do not back railroad rights-of-way, limited access freeways or principal highways, a marginal access street or frontage road may be required parallel and adjacent to the boundary of such rights-of-way. The distance from said rights-of-way shall be determined, with due consideration, to minimum distance required for approach connections to future grade separation.
8. 
Half Streets Prohibited. Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half street shall be platted within such tract.
9. 
Alleys. Alleys may be required in commercial and industrial districts. Dead-end alleys shall be avoided, wherever possible. Alleys may be required in certain residential areas.
10. 
Minimum Requirements. The right-of-way grades, horizontal curves and vertical curves for streets and alleys dedicated and accepted shall not be less than the minimum for each classification as follows:
a. 
Arterial Streets.
Minimum right-of-way: 100 feet
Maximum gradient: 6%
Minimum radii of horizontal curves: 500 feet
Minimum sight distance on vertical curves: 350 feet
b. 
Collector Streets.
Minimum right-of-way width: 70 feet
Maximum gradient: 8%
Minimum radii of horizontal curves: 380 feet
Minimum sight distance on vertical curves: 300 feet
c. 
Local/local Residential Streets.
Minimum right-of-way width: 50 feet
Maximum gradient: 10%
Minimum radii of horizontal curves: 270 feet
Minimum sight distance on vertical curves: 200 feet
d. 
Frontage Roads.
Minimum right-of-way width: 50 feet
e. 
Alleys.
Minimum right-of-way width: 16 feet
f. 
Pedestrian Way.
Minimum right-of-way: 10 feet
g. 
The absolute minimum gradient on a street shall be one-half percent (1/2 of 1%) and minimum gradient shall be one percent (1.0%) wherever practical.
11. 
Additional Requirements. When existing or anticipated traffic on arterial and collector streets warrants greater widths of rights-of-way, the additional width shall be dedicated.
12. 
Street Alignment. On streets with reverse curves, a reasonable tangent shall be provided between curves to permit a smooth flow of traffic.
13. 
Intersections. Local non-aligned intersections shall be spaced at a minimum of one hundred fifty (150) feet (centerline to centerline) at arterial streets.
14. 
Drainage Easements. Drainage easements may be required, in addition to street rights-of-way, where the street or streets adjoin or are parallel with streams or drainage areas or where lots back on where said drainage exists. The width of such drainage shall be determined by the engineer having jurisdiction who shall notify the Planning Commission of his/her recommendation in writing.
D. 
Lots.
1. 
Minimum width shall be as specified in the district regulations of the Bolivar zoning regulations; however, corner lots shall be twenty (20) feet wider than that required in those regulations. Said width shall be measured at the building setback line.
2. 
Minimum depth shall be one hundred (100) feet. (Said measurement shall be made through the center of the lot and shall be perpendicular to the property line or radial to the property line on curved streets.)
3. 
Minimum lot area shall be subject to the zoning regulations of the district in which the subdivision is located.
4. 
In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of all lots included in the subdivision shall be subject to regulations as set out in this Section under water and sewer.
5. 
All side lot lines shall bear sixty degrees (60°) to ninety degrees (90°) from the street right-of-way line on a straight street or from the tangent of a curved street.
6. 
Corner lots in residential subdivisions shall observe the same setback on both streets.
7. 
Double frontage lots shall be avoided unless in the opinion of the Planning Commission a variation to this rule will give better street alignment and lot arrangement.
8. 
Every lot shall abut on a street other than an alley.
9. 
Building or setback lines shall be shown on the final plat for all lots in the subdivision and shall not be less than the setback required by the zoning regulations.
10. 
The subdivision or resubdivision of a tract or lot shall not be permitted where said subdivision or resubdivision places an existing permanent structure in violation of the requirements of the zoning regulations.
E. 
Easements.
1. 
Twelve (12) foot temporary construction easements shall be provided for initial construction of water, sewer and other utility lines.
2. 
There will be a six (6) foot utility easement on front of lots on both sides of the street, adjacent to the present right-of-way.
F. 
Dedication Or Reservation Of Public Sites And Open Spaces. In subdividing land or resubdividing an existing plat, due consideration should be given by the subdivider to the dedication or reservation of suitable sites for schools, parks, playgrounds or other public recreational areas or open spaces.
G. 
Access Control. In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the Planning Commission shall have the right to restrict and regulate points of access to all property from the public street system. Such restrictions shall be indicated on the final plat.
H. 
Subdivision Design. The design of the subdivision shall provide for efficient traffic flow, proper mixing of land uses and a logical link between surrounding, existing development and the proposed layout. The Comprehensive Plan should be used as a guide in determining of the design of the proposed layout. The Comprehensive Plan should be used as a guide in determining if the design of the proposed subdivision is proper. The Planning Commission shall have the authority to deny a plat or request redesign if in its opinion the layout is not suitable for the site.
I. 
Storm Sewer Drainage And Detention. The following situations shall be required to comply with the regulations of Title VII of the Bolivar Municipal Code:
1. 
Before approval of the final plat of any commercial or residential subdivision.
2. 
Before approval of a building permit on a commercial lot that has not been previously addressed.
3. 
Before approval of a building permit on a residential lot which will be used for multi-family units which has not been previously addressed.
J. 
Fire Apparatus Access Roads.
[Ord. No. 3761, 8-9-2022]
1. 
Multiple -Family Residential Developments.
a. 
Projects Having More Than One Hundred (100) Dwelling Units. Multiple-family residential projects having more than one hundred (100) dwelling units shall be equipped throughout with two (2) separate and approved fire apparatus access roads.
Exception: Projects having up to two (200) dwelling units shall have not fewer than one (1) approved fire apparatus access road where all buildings, including non-residential occupancies, are equipped throughout with approved automatic sprinkler systems installed in accordance with the 2021 International Fire Code Section 903.3.1.1 or 903.3.1.2.
b. 
Projects Having More Than Two Hundred (200) Dwelling Units. Multiple-family residential projects having more than two hundred (200) dwelling units shall be provided with two (2) separate and approved fire apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler system.
2. 
One- Or Two-Family Residential Developments.
a. 
Developments of one- or two-family dwellings where the number of dwelling units exceeds thirty (30) shall be provided with two (2) separate and approved fire apparatus access roads.
b. 
Exceptions:
(1) 
Where there are more than thirty (30) dwelling units accessed from a single public or private fire apparatus access road and all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance with the 2021 International Fire Code Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, access from two (2) directions shall not be required.
(2) 
The number of dwelling units accessed from a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the Fire Code Official.
3. 
Remoteness. Where two (2) fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half (1/2) of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
[R.O. 2009 § 415.040; Ord. No. 782 § 1 (Sub. Regs Art. 3 § 1), 7-31-1980]
A. 
Intent. The intent of this Section is to provide for the issuance of building permits in lots divided into not more than two (2) tracts without having to replat said lot, provided the resulting lots shall not again be divided without replatting. The Planning Commission may approve or disapprove lot splits in accordance with the following regulations
1. 
Application Procedure. Requests for lot split approval shall be made by the owner of the land to the Zoning Administrator. Twelve (12) copies of a scale drawing of the lots involved are required. Location of structure(s) thereon together with the precise nature, location and dimensions of the proposed lot split shall accompany the application. The application shall be accompanied by a list of the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within one hundred eighty-five (185) feet of the property proposed to be split. Such owners shall have ten (10) days from the date of notification to file any protests to the Planning Commission. The ten (10) day waiting period may be waived upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split. (No publication notice is required.)
2. 
Approval Guidelines. Approval or disapproval of lot splits shall be made based on the following guidelines:
a. 
No lot splits shall be approved if:
(1) 
A new street of alley is needed or proposed.
(2) 
A vacation of streets, alleys, setback lines, access control or easements is required or proposed.
(3) 
If such action will result in significant increases in service requirements, e.g., utilities, schools, traffic control, streets, etc., or will interfere with maintaining existing service levels, e.g., additional curb cuts, repaving, etc.
(4) 
There is less street right-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instruments.
(5) 
All easement requirements have not been satisfied.
(6) 
If such split will result in a tract without direct access to a street.
(7) 
A substandard sized lot or parcel will be created.
(8) 
If the lot has been previously split in accordance with these regulations.
b. 
The Planning Commission may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and Governing Body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right-of-way and easements and submission of covenants for the protection of other landowners in the original subdivision.
c. 
The Planning Commission shall, in writing, either approve, with or without conditions, or disapprove the lot split within thirty (30) days of application. If approved and after all conditions have been met, the Planning Commission shall sign and furnish a certificate of approval to be affixed to the lot split survey and a certified copy thereof shall be filed with the Register of Deeds, the official designated to issue building or occupancy permits, and a copy shall be furnished to the applicant.
3. 
Filing Fee.
a. 
The filing fee for lot splits is listed on the current fee chart.
b. 
Cost of recording documents, publications, writs and engineering costs are payable in addition to filing fees. The applicant shall pay these costs.
4. 
The following are also required on the lot split:
[Ord. No. 3703, 12-14-2021]
a. 
Signatures and acknowledgements by all parties having any title or interest of record in the land and consenting to the preparation and recording of the said survey.
b. 
Signature and seal of the licensed professional engineer or surveyor responsible for the survey and final map.
c. 
The acknowledgement of a notary.
d. 
Signatures of the Chairman and Secretary of the Planning Commission, in substantially the following form:
The Planning and Zoning Commission of the City of Bolivar, Missouri, hereby certifies that the lot split shown herein was approved on the _______ day of ________________, 20 ____, and that this lot split meets all the requirements as set forth in the subdivision regulations of the City of Bolivar, Missouri.
Chairman
Date
Secretary
Date
e. 
The acceptance of dedications by the municipal Governing Body in substantially the following form:
I, _________________________________, City Clerk of the City of Bolivar, Missouri, hereby certify that the foregoing certificate of approval of lot split is a true and correct copy of the same as it appears in the records of the City of Bolivar, Missouri, in testimony, whereof, I have hereunto set my hand and seal this _____ day of _________________________, 20 ____.
City Clerk
Date
f. 
Certification of the Recorder of Deeds Office in substantially the following form:
IN THE RECORDER'S OFFICE
STATE OF MISSOURI
)
) ss
COUNTY OF POLK
)
AS RECORDER OF DEEDS OF SAID COUNTY, I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT OF WRITING WAS ON THIS ___________ DAY OF______________________, 20_____, A.D. AT O'CLOCK ___M. DULY FILED FOR RECORD AND IS RECORDED IN THE RECORDS OF THIS OFFICE IN BOOK _______, PAGE _____. IN WITNESS HEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL AT MY OFFICE IN THE CITY OF BOLIVAR, MISSOURI, THIS _____DAY OF ________________, 20 ____, A.D.
[R.O. 2009 § 415.050; Ord. No. 782 § 1 (Sub. Regs. Art. 4 §§ 1 – 2), 7-31-1980; Ord. No. 2677, 12-14-2006]
A. 
Pre-Application. Prior to the filing of the preliminary plat, the subdivider shall contact the engineer having jurisdiction, the official authorized in administering the zoning regulations and other administrative personnel to determine:
1. 
Procedure for filing plats.
2. 
Availability of public sewers and water.
3. 
Master plan requirements for major streets, land use, parks, schools and public open spaces.
4. 
Zoning requirements for the property in question and adjacent properties.
B. 
Submission. After reaching the preliminary conclusions regarding the requirements for the proposed subdivision, the subdivider shall submit a preliminary plat together with any supplementary information necessary.
[Ord. No. 3660, 4-27-2021]
1. 
Submission Of Preliminary Plat.
a. 
Filing Fee. The filing, processing and review fees for each preliminary plat is listed on the current fee chart. There will also be a fee for each landowner of record for which the Zoning Administrator must notify by certified mail pursuant to Section 415.050(B)(1)(c)(6)(c) of this Chapter.
b. 
Number Of Copies. The subdivider shall submit ten (10) copies of the preliminary plat and ten (10) copies of a vicinity map (if not on the preliminary plat) showing the location of the proposed subdivision. These plans shall be filed with the official authorized to administer the Subdivision Regulations at least fifteen (15) days prior to a regular Planning Commission meeting at which the preliminary plat is to be considered.
c. 
Required contents for preliminary plats shall contain:
(1) 
The proposed name of the subdivision. (The name shall not duplicate or too closely resemble the name or names of any existing subdivision.)
(2) 
The location of the boundary lines of the subdivision and reference to the section or quarter section lines.
(3) 
The names and addresses of the developer, surveyor, landscape architect, architect or engineer who prepared the plat.
(4) 
Scale of the plat, one inch equals 100 feet or larger.
(5) 
Date of preparation and North point.
(6) 
Existing Conditions.
(a) 
Location, width and name of platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces and permanent buildings within or adjacent to the proposed subdivision shall be shown on the preliminary plat.
(b) 
All existing sewers, water mains, gas mains, culverts or other underground installations, within the proposed subdivision or adjacent thereto, with pipe sizes and manholes, grades and location shall be shown.
(c) 
The subdivider shall submit, with the preliminary plat, a complete list of names and mailing addresses of all owners of record of all land within one hundred eighty-five (185) feet of the property proposed for subdivision or resubdivision. The Zoning Administrator shall notify all such adjacent property owners of the date when the Planning Commission shall first consider this plat prior to said meeting.
(d) 
Topography (unless specifically waived) with contour intervals of not more than one (1) foot, referred to municipality or U.S.G.S. datum shall be shown; also location of watercourses, bridges, wooded areas, lakes, ravines and such other features as may be pertinent to the subdivision shall be shown.
(7) 
The general arrangement of lots and their appropriate size.
(8) 
Location and width of proposed streets, alleys, pedestrian ways and easements.
(9) 
The general plan of sewage disposal, water supply and utilities in areas where public sewers and/or water are proposed to serve the subdivision. In other cases, a notation shall be made on the plat indicating type of sewage disposal and water system proposed.
(10) 
Location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for reservation for public use.
(11) 
The general location of parking areas sufficient in size to meet the minimum required parking space requirements of the City zoning regulations.
(12) 
Floodplain elevations.
2. 
Approval Or Disapproval Of The Preliminary Plat. Action by the Planning Commission shall be conveyed to the subdivider in writing within ten (10) days after the official Planning Commission meeting at which time the plat was considered. In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission.
The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed an authorization to proceed with the preparation of the final plat. The approval of the preliminary plat shall only be effective for a period of twelve (12) months, unless an extension is granted by the Planning Commission for up to a twelve (12)-month period. The Planning Commission may not grant more than two (2) twelve (12)-month extensions. If the final plat for any part of the area covered by the preliminary plat has not been submitted for approval within this specified period, a preliminary plat must be resubmitted to the Planning Commission for approval.
3. 
Preliminary Plat Not Required. In certain limited circumstances, a preliminary plat of a minor subdivision may not be required, provided all of the following conditions are met:
a. 
The plat contains four (4) or fewer lots and is not part of a series of small subdivisions.
b. 
No street improvements are required for subdivision development.
c. 
All lots will have both access to and abut an existing public street.
d. 
The application for final plat is accompanied by a statement from the surveyor/engineer certifying each lot is buildable, unrestricted by excessive slope or other site restrictions.
e. 
The application for final plat is accompanied by a statement certifying the source of water and sanitary sewer service for each lot.
f. 
All other regulations of the City of Bolivar are met, including, but not limited to, all applicable regulations regarding stormwater and sidewalks.
[R.O. 2009 § 415.060; Ord. No. 782 § 1 (Sub. Regs. Art. 5 §§ 1 – 4), 7-31-1980; Ord. No. 2817 § I, 9-11-2008; Ord. No. 2818 § II, 9-11-2008]
A. 
Submission.
1. 
After approval of the preliminary plat, the subdivider shall submit for approval of the Planning Commission a final plat (see attached sample plat). The final plat shall be filed in the office of the Zoning Administrator no later than fifteen (15) days prior to the Planning Commission meeting at which said final plat is to be considered.
2. 
The original (on mylar) and fifteen (15) prints thereof shall be submitted to the Zoning Administrator to fulfill the Subdivision Regulations at least fifteen (15) days before the Planning Commission public hearing. The sheet size of the final plat shall be that as requested by the County Recorder of Deeds.
3. 
The names and signatures of the owner or owners of the property duly acknowledged and notarized shall appear on the original copies submitted.
4. 
The final plat, prepared for recording purposes, shall be drawn at a scale of at least one inch equals 100 feet or larger.
5. 
Final Plat Filing Fee. Filing, processing and consultant fees listed on the current fee chart shall accompany the final plat.
B. 
Information. The final plat shall show and contain the following information.
1. 
Name of subdivision (not to duplicate or too closely resemble the name of any existing subdivision).
2. 
Location of section, township, range, County and State including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must be mathematically correct. The allowable error of closing on any portion of the plat shall be one (1) foot in five thousand (5,000).
3. 
The location of monuments or bench marks shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points and monuments.
4. 
The location of lots, streets, public highways, alleys, parks, sidewalks and other features with accurate dimensions in feet and decimals of feet with the length of radii on all curves and other information necessary to reproduce the plat on the ground.
5. 
Lots shall be numbered clearly. Blocks shall be numbered or lettered clearly in the center of the block.
6. 
The exact locations, widths and names of all streets and alleys to be dedicated.
7. 
Boundary lines and description of the boundary lines of any area, other than streets and alleys, which are to be dedicated or reserved for public use.
8. 
Building setback lines on the front and side streets with dimensions.
9. 
Name, signature and seal of the registered land surveyor making the plat.
10. 
Scale of the plat (scale to be shown graphically and in feet per inch), date of preparation and North point.
11. 
Statement dedicating all easements, streets, alleys and all other public areas not previously dedicated.
12. 
The final plat shall be accompanied by plans and specifications showing the actual location of water lines, sanitary sewer lines, storm sewer lines, detention areas, sidewalks and street lights. The types of material and sizes will also be clearly indicated.
13. 
The following are also required on the final plat:
a. 
Signatures and acknowledgments by all parties having any record, title or interest in the land subdivided and consenting to the preparation and recording of the said subdivision map.
b. 
Signatures and acknowledgments, as above, dedicating all parcels of land shown on the final plat and intended for any public use except those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants.
c. 
Signature and seal of the licensed professional engineer or surveyor responsible for the survey and final map.
d. 
The acknowledgment of a notary.
e. 
Signatures of the Chairman and Secretary of the Planning Commission.
This plat of ______________________________ Addition has been submitted to and approved by the Planning Commission this ________ day of ____________________, 20_____.
 Chairman
 Secretary
f. 
The acceptance of dedications by the municipal Governing Body, when required, in the following form:
The dedications shown on this plat accepted by the ____________________________ (Board of Aldermen) of the City of Bolivar this ________ day of ____________________, 20_____.
(SEAL)
 Mayor
ATTEST:
 City Clerk
g. 
Certification of the Recorder of Deeds Office in the following form:
IN THE RECORDER'S OFFICE
STATE OF MISSOURI )
SS )
COUNTY OF POLK )
AS RECORDER OF DEEDS OF SAID COUNTY, I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT OF WRITING WAS ON THIS______ DAY OF _______________, 20___, A.D. AT ______ O'CLOCK ___.M. DULY FILED FOR RECORD AND IS RECORDED IN THE RECORDS OF THIS OFFICE IN BOOK ______ PAGE ______. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL AT MY OFFICE IN THE CITY OF BOLIVAR, MISSOURI, THIS ______ DAY OF_______________, 20___ A.D.
14. 
Supplemental Information To Be Submitted With Final Plat. The following additional data shall be submitted with the final plat:
a. 
A title report by an abstract or a title insurance company or an attorney's opinion of Title, showing the name of the owner of the land and all other persons who have an interest or an encumbrance on the plat. The consent of all such persons shall be shown on the plat.
b. 
A certificate showing that all taxes and special assessments due and payable have been paid in full or if such taxes have been protested as provided by law, monies or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on the deposit with such officials or governing bodies to meet this requirement.
c. 
A copy of any deed restrictions applicable to the subdivision.
C. 
Extent And Manner Of Physical Improvements. As a condition to the approval of a final plat, the subdivider shall agree to install the following improvements:
1. 
Streets And Street Lights.
a. 
Streets shall be surfaced with concrete, asphaltic concrete or materials approved by the engineer and/or Director of Public Works and shall include curb. Newly platted subdivision with existing streets and roadways shall be improved by the developer in accordance with the requirements and specifications of the City of Bolivar.
b. 
Developers shall install street lights at all intersections and along streets at intervals of no more than four hundred (400) feet. Street lights shall be placed on aluminum or fiberglass poles with 70-watt high-pressure sodium bulbs and an underground supply of power. Two-hundred-fifty-watt high-pressure sodium bulbs shall be used on commercial developments. The height of all street lights shall be of uniform height throughout the subdivision and with any adjoining subdivisions with common streets or other public rights-of-way. Placement of street lights shall be noted on the construction plans of all residential or commercial developments. Placement and specifications of all street lights shall be approved by the engineer and/or Director of Public Works.
2. 
Water. Where a public water supply is proposed to serve the subdivision, said water lines shall be installed in proper easements or with the limits of the street and alley rights-of-way and shall be of a size as approved by the engineer. Water lines in street right-of-way shall be placed back of curb and service lines stubbed out across the street before street construction.
3. 
Sewers. If the subdivision is serviced with a public water supply and a City or community sewage treatment plant, the sewer system shall be constructed which will provide service to each lot within the subdivision. The system of lateral sewers shall collect the sewage within the subdivision and discharge it into a main sewer or a community disposal system approved by the engineer and an approval, in writing, of the plans and specifications for the sewer system shall be made by the Engineer. Sewer lines in street right-of-way shall be place back of curb and service lines stubbed out across the street before street construction.
4. 
Fences. Where the subdivision of residentially zoned property creates a double frontage lot(s) as defined by the zoning regulations, a fence shall be erected upon that part of the perimeter of the subdivision which is contiguous to the public right-of-way and shall continue for the length of the subdivision which adjoins said right-of-way. The required fence shall be at least six (6) feet high but not greater than eight (8) feet high and otherwise comply with Article IV, Section 410.280(A)(6) and (7) of the Supplementary District Regulations.
5. 
Street Signs. Street signs will be supplied and erected by the appropriate governing authority.
6. 
Sidewalks. Sidewalks shall be as follows:
[Ord. No. 3317, 11-15-2016; Ord. No. 3880, 8-22-2023]
a. 
All Residential Districts Including "MHS" And "MHD." Four (4) feet wide on one (1) side of the street.
(1) 
Residentially zoned are permitted to construct sidewalks at time of lot development.
(2) 
Sidewalks within the radius of a cul-de-sac shall be designed and constructed along the full radius of the cul-de-sac and properly returning to the street on the opposite side.
b. 
All Commercial Zoning Districts. Five (5) feet wide on both sides of the street.
7. 
Other Improvements. If other improvements are required, such as tree planting, retaining walls, drainage structures, etc., such improvements shall be made in accordance with the recommendations of the Planning Commission and specifications of the engineer having jurisdiction.
8. 
All lot corners, block corners, point of intersection (PI) in street alignment shall be set in conformance with the State Minimum Standards for Property Boundary Surveys as prescribed by the Department of Natural Resources, Division of Land Survey, prior to acceptance of the plat by City.
9. 
A minimum of two (2) bench marks (monuments) shall be placed in each subdivision, located and installed as required by the engineer in conformance with the State Minimum Standards for Property Boundary Surveys as prescribed by the Department of Natural Resources, Division of Land Survey, prior to acceptance of the plat by City. In subdivisions larger than forty (40) acres, one (1) bench mark shall be installed for each additional 20-acre area. The monument shall be a three-inch brass or aluminum cap (or other suitable material approved by the Zoning Administrator), permanently set in concrete, ten (10) inches in diameter by twenty-four (24) inches deep and approved by the engineer. The elevation of the monuments will be identified on each.
10. 
Improvement Procedure. After the approval, but prior to the recording of the final plat, the subdivider must make all required improvements.
In lieu of the actual construction of all physical improvements prior to the issuance of building permits, the Board of Aldermen may, at the option of the developer, accept a bond or other method of financial assurance acceptable by the City in the amount that will guarantee the construction of required improvements within a period of time to be specified and approved by the Governing Body. Such surety shall be properly executed prior to any grading or construction and shall be released in segments upon written approval of the City.
Prior to issuance of building permits, all street paving, storm drainage and utility lines must be installed in accordance with City requirements and plans approved by the appropriate utility company and all grading work completed.
11. 
Acceptance Of Improvements. Upon the receipt by the Governing Body of the certificate of the inspecting official that all improvements have been installed in conformance with the approved engineering drawings and with the requirements of these regulations and all other applicable Statutes, ordinances and regulations, the Governing Body and/or such appropriate utility shall thereupon by resolution or by letter, respectively, formally accept such improvements. The improvements shall become the property of the Governing Body or appropriate utility company involved.
12. 
Construction within lots that would require sidewalks as part of the normal platting process, overall transportation plan, or at the determination of the Planning and Zoning Administrator shall have sidewalks constructed as part of the lot development prior to final inspection.
[Ord. No. 3880, 8-22-2023]
D. 
Consideration By The Planning Commission. If the Planning Commission rejects or withholds approval of the final plat, the subdivider may request that said plat be submitted to the Governing Body. The Planning and Zoning Department shall forward the proposed plat together with the report of the Planning Commission stating the reason for its action. The Governing Body may make such findings and determinations as they deem proper.
[R.O. 2009 § 415.070; Ord. No. 782 § 1 (Sub. Regs. Art. 6 § 1), 7-31-1980]
A. 
Procedure. When a subdivision plat is presented for approval, it may include land that will not conform to the provisions of these regulations. Reasons for these non-conformities include size or shape, topographical locations or conditions and/or such usage that conformity is impossible or impractical. By letter of transmittal, the Planning Commission may recommend to the Governing Body that they authorize variances or exceptions in the final plat so that substantial justice may be done and the public interest secured. In recommending such variances or exceptions, the Planning Commission shall find the following:
1. 
There are special circumstances or conditions affecting the property.
2. 
The variances or exceptions are necessary for the reasonable and acceptable development of the property in question.
3. 
The granting of the variances or exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.
[R.O. 2009 § 415.080; Ord. No. 782 § 1 (Sub. Regs. Art. 7 §§ 1 – 6), 7-31-1980]
A. 
Building Permits. After the date of the adoption of these rules and regulations by the Planning Commission and Governing Body, no building permit shall be issued for any structure that is located upon a lot in a subdivision that has not been subdivided, unless approved in the manner as provided for in these Subdivision Regulations. This shall not apply to subdivisions or lots of record platted before the adoption of these Subdivision Regulations. By law, all plats, replats, dedications or deeds must be submitted and approved by the Planning Commission and Governing Bodies. After this approval, all documents shall be filed with the Recorder of Deeds.
B. 
Submission To The Governing Bodies. After the review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission, shall be transmitted to the Governing Bodies as required by law for their review and action.
C. 
Recorded Plats. Two (2) copies of the recorded plat shall be provided by the subdivider and shall be submitted to the Planning and Zoning Department.
D. 
Severability. If any Section of this regulation be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such Section shall be considered separately and apart from the remaining provisions of these regulations. Said Section will be completely severable from the remaining provisions of these regulations and the remaining provisions of these regulations shall remain in full office and effect.
E. 
Penalty. Any person violating the provisions of the Subdivision Regulations is guilty of an ordinance violation and, upon conviction thereof, shall be fined not less that one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by confinement in the County Jail for not more that one (1) year, or by both fine and confinement. Each and every day such violation continues shall constitute a separate offense.
F. 
Effective Date. These regulations shall take effect and be in force from and after its passage, approval and adoption.
[R.O. 2009 § 415.090; Ord. No. 782 § 1 (Sub. Regs. Art. 8 §§ 1 – 2), 7-31-1980]
A. 
Intent. The intent of this Section is to provide a procedure by which a lot line may be altered, but which does not result in the elimination of any existing lot(s) or the creation of any additional lots(s). The Zoning Administrator may approve or disapprove of a boundary change in accordance with the following procedures:
1. 
Application Procedure. The owner of the land shall make boundary change requests to the Zoning Administrator. Four (4) copies of a survey of the lots which depicts the location of the structure(s) thereon, easements of record together with precise nature, location and dimensions of the proposed boundary change shall accompany the application.
2. 
Approval Guidelines. A boundary change shall not be approved if it creates any non-conformity or fails to comply with any ordinance or regulation regarding utility services.
B. 
Intent. The intent of this Section is to provide a procedure by which a lot line may be eliminated and two (2) or more lots consolidated into one (1) lot. The Zoning Administrator may approve or disapprove of a lot consolidation in accordance with the following procedures:
1. 
Application Procedure. Requests for lot consolidations shall be made by the owner of the land to the Zoning Administrator. Four (4) copies of a survey of the lots that depicts the location of the structure(s) thereon, easements of record together with the precise nature, location and dimensions of the proposed lot consolidation shall accompany the application for lot consolidation.
2. 
Approval Guidelines. A lot consolidation shall not be approved if it creates any non-conformity or fails to comply with any ordinance or regulation regarding utility service.
C. 
The following are also required on the boundary change and lot consolidation:
[Ord. No. 3703, 12-14-2021]
1. 
Signatures and acknowledgements by all parties having any title or interest of record in the land and consenting to the preparation and recording of the said survey.
2. 
Signature and seal of the licensed professional engineer or surveyor responsible for the survey and final map.
3. 
The acknowledgement of a notary.
4. 
The acceptance of dedications by the municipal Governing Body, in substantially the following form:
The undersigned hereby certifies that they are the duly appointed and acting planning and zoning administrator of the City of Bolivar, Missouri, and the (boundary change/lot consolidation) contemplated by this survey and this description has been approved by the City of Bolivar, pursuant to its subdivision regulations.
Planning and Zoning Administrator
Date
5. 
Certification of the Recorder of Deeds Office in substantially the following form:
IN THE RECORDER'S OFFICE
STATE OF MISSOURI
)
) ss
COUNTY OF POLK
)
AS RECORDER OF DEEDS OF SAID COUNTY, I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT OF WRITING WAS ON THIS ____ DAY OF _________________, 20 ______, A.D. AT ____________ O'CLOCK _____M. DULY FILED FOR RECORD AND IS RECORDED IN THE RECORDS OF THIS OFFICE IN BOOK ________, PAGE ______. IN WITNESS HEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL AT MY OFFICE IN THE CITY OF BOLIVAR, MISSOURI, THIS _____ DAY OF ______________, 20 ____, A.D.
[R.O. 2009 § 415.100; Ord. No. 782 § 1 (Sub. Regs. Art. 9 §§ 1 – 12), 7-31-1980]
A. 
Purpose. The purpose of this Section of the Bolivar Zoning Code is to ensure a minimum level of open space and green space as an integral part of new development. Furthermore, this Section provides standards and criteria for landscaping intended to enhance the value of property and improve the physical appearance of the City as well as maintain an ecological balance. Increased green space and open space reduces water runoff, flooding, erosion, water pollution, noise, glare, heat and visual blight. The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new industrial, commercial and residential development occurring within the City of Bolivar.
B. 
Applicability. The requirements of this Section apply to all public, private and institutional developments approved for development within the City of Bolivar, after the date of this Chapter is adopted, with the following exceptions:
[Ord. No. 3941, 3-26-2024]
1. 
Previously approved developments which have been given a permit to begin construction.
2. 
Additions to existing structures that are under ten percent (10%) of the gross floor area of the building or five thousand (5,000) square feet, whichever is less.
3. 
Construction documents must indicate a landscaping plan that will meet the standards and criteria of this Section, or are in keeping with current best practices as presented by a qualified professional and approved by the Planning and Zoning Administrator.
C. 
Conflicts. If the provisions of this Section conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.
D. 
Enforcement.
1. 
The Zoning Administrator of the Bolivar Planning and Zoning Department shall have jurisdiction over the administration and enforcement of the provisions of this Section.
2. 
If at any time after the issuance of a certificate of occupancy and the Planning and Zoning Department determines that the approved landscaping does not conform to the standards and criteria in this Section, a notice shall be issued to the owner and to any known tenant or agent citing the violations and describing what action is required to comply with this Section. The owner, tenant or agent shall have thirty (30) days from the date of said notice to restore the landscaping as required. If landscaping is not restored within the allotted time or arrangements have not been made in conformance with this Section, such person shall be in violation of this Section. It is the responsibility of the owner of the property to comply with these requirements.
E. 
Permits.
1. 
No permits shall be used for the improvement of any site, the construction of any building or the establishment of any use for which a landscaping plan is required by this Section until such plan has been submitted to and approved the Planning and Zoning Department.
2. 
Before the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in this Section.
3. 
Standards have been established for installation of all plant materials within the City of Bolivar. These requirements must be followed in order to receive approval of the site work and final occupancy or approval of the development. The Planning and Zoning Department has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this Section and to the satisfaction of the site inspector.
4. 
The Planning and Zoning Department may approve temporary occupancy permits if occupancy is sought at a season of the year (November 1 to March 1) in which it is impractical to plant trees, shrubs or grass or to lay turf.
F. 
Landscaping And Open Space Plans.
1. 
The landscaping and open space plans shall provide, to the maximum extent practical, for the preservation of existing trees. It is the intent to discourage the practice of removing all existing trees in the improvement of development of properties within the City. Plans which provide for clear cutting of existing trees shall be approved by the Planning and Zoning Department only if the developer or contractor establishes by clear and convincing evidence that the prohibition of clear cutting substantially and unreasonably restricts his/her ability to develop the property and that the development will not be economically viable unless clear cutting is permitted.
2. 
The landscaping and open space plan must be submitted concurrently with the site plan. The Planning and Zoning Department shall review such plans and shall approve them if the plans are in accordance with the criteria in this Section. If the plans are not in accordance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary to bring the plans into compliance.
3. 
Landscape and open space plans shall contain the following information:
a. 
A minimum scale of one inch equals 50 feet;
b. 
The location, general type and viability of existing vegetation, including trees to be preserved;
c. 
The location of all plant and other landscape materials such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights and courts or paved areas;
d. 
Plant lists or schedules with the botanical and common names, general description (canopy, under story, ornamental or evergreen, shrub, grass, etc.), quantity, spacing and size of all proposed landscape material at the time of planting; and
e. 
The person, architect or company responsible for the landscape plan.
G. 
Maintenance. The owner of the property shall be responsible for maintaining in a neat and orderly manner at all times the landscaping required by this Section. Plant materials shall be maintained in a healthy and growing condition during the appropriate seasons. Plant materials which die shall be replaced with healthy plant material of similar variety and meeting the size requirement of this Section.
H. 
General Standards. The following criteria and standards shall apply to landscape materials and installation:
1. 
Quality. All trees and shrubs used in conformance with the provisions of this Section shall have well-developed leaders and tops, roots characteristic of the species and show evidence of proper nursery pruning. All plant materials must be free of insects, diseases, mechanical injuries and other objectionable features at the time of planting.
2. 
Coverage. Grass, ground cover, shrubs and other living landscape materials shall be used to cover all open ground. Landscaping materials, such as mulch, bark, etc., can be incorporated into a landscape plan where appropriate. Please see recommendations in Subsection (L). Nursery plant containers No. 2 through No. 5 are required.
3. 
Trees. Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri. Tree caliper shall be taken six (6) inches above grade. Please refer to the list of acceptable and unacceptable trees in Subsection (K). Nursery container No. 7 or one-inch caliper trees are required.
4. 
Ground Cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after the time of planting. Please see recommendations in Subsection (L). Nursery container No. 1 is acceptable.
5. 
Lawn Grass. Grass areas may be sod, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion. Please see recommendations in Subsection (L).
6. 
Credit For Existing Trees. Any trees preserved on a site in required buffer yards and perimeter landscaping areas and meeting the specifications in this Section may, at the discretion of the Planning and Zoning Department, be credited toward meeting the tree requirements of any landscaping provision of this Section. Any tree for which credit is given shall be in a condition that encourages long-term survival and in a location that conforms to the intent and standards of this Section.
7. 
Fences. Existing fences located on adjacent properties or on property lines shall not be credited towards fulfilling the requirements of this Section. All required fences shall be constructed inside property boundaries preventing the removal by adjacent property owners.
I. 
Minimum Tree And Shrub Planting Or Preservation Requirements (Street Frontage, Interior And Perimeter).
1. 
General. Each development is required to address street frontage and perimeter landscaping as it pertains to the particular site. Single-family and two-family residential districts are exempt from this Section unless alternative parking or recreational areas are provided, in which case the Planning and Zoning Department may require the development to conform to the standards and criteria of this Section. Following are the options that an applicant has for site landscaping. Areas used for parking or vehicular storage which are under, on or within buildings are exempt from there standards. Other exemptions from these requirements are addressed in Subsection (B).
2. 
Street Frontage Landscaping Requirements. The site plan for any development must show a landscaped street buffer along all public rights-of-way. The applicant may choose among five (5) options below, choosing one (1) or a combination of several to meet the particular site constraints of the development.
a. 
Option 1. A minimum buffer of ten (10) feet in width, planted with a minimum of one (1) canopy tree and seven (7) shrubs per fifty (50) linear feet of street frontage.
b. 
Option 2. Earth berms, at least two and one-half (2 1/2) feet higher than the finished elevation of the parking lot, planted with a minimum of one (1) canopy tree and three (3) shrubs per fifty (50) linear feet of street frontage, with no set dimension.
c. 
Option 3. A six (6) foot landscaped street buffer with three (3) feet of fall that includes a minimum of one (1) canopy tree and three (3) shrubs per fifty (50) linear feet of street frontage.
d. 
Option 4. A three (3) foot high wall made of brick, stone or finished concrete along with a four (4) foot buffer area including one (1) canopy tree per fifty (50) linear feet along street frontage.
e. 
Option 5. A landscaped buffer area with existing woodlands maintained in a twenty-five (25) foot strip along the street frontage.
3. 
Parking Lot Perimeter Landscaping Requirements.
a. 
Perimeter landscaping shall be provided where a parking lot or vehicular circulation is within fifty (50) feet of another parking lot. This prevents two (2) adjacent lots from becoming one (1) large expanse of paving.
b. 
A minimum of five (5) feet landscaped strip is required along the side and rear lot lines of a development. One (1) overstory tree or two (2) understory, ornamental or evergreen trees are required in addition to three (3) shrubs per fifty (50) linear feet of the perimeter. This perimeter landscaping strip would not be in addition to the landscaped street frontage buffer required in Subsection (I)(2) hereof.
c. 
The perimeter landscaping requirement does not preclude the need for vehicular access to be provided between lots.
d. 
The five-foot perimeter strip is required for each development regardless if one is already in place from an adjacent, developed lot.
e. 
No pavement may extend within five (5) feet of the property line on any lot unless it is included with an ingress/egress location.
4. 
Interior Parking Lot Landscaping Standards.
a. 
To meet the requirements of Subsection (J), interior parking lot landscaping shall be provided.
b. 
Interior parking lot landscaping shall include grass, ground cover, plants, shrubs and trees. Gravel or other pavement shall not be considered appropriate landscape treatment.
c. 
The following additional criteria shall apply to the interior of parking and vehicular use areas:
(1) 
All interior landscaping areas must be curbed to protect landscaping and trees.
(2) 
There shall be a minimum of two (2) understory or one (1) canopy tree planted for each thirty (30) parking spaces or fifteen thousand (15,000) square feet of parking or vehicular circulation area. Parking areas which provide less than thirty (30) spaces or less than fifteen thousand (15,000) square feet do not require interior parking lot landscaping.
(3) 
Interior areas of parking and vehicular areas shall contain planting islands located so as to best relieve the expanse of paving. Interior planting areas shall be a minimum of one hundred (100) square feet for each understory tree and two hundred (200) square feet for each canopy tree dimensioned in such a way as to provide a suitable area for planting. All trees must be planted four (4) feet in for car doors to open from adjacent parking spaces.
(4) 
Plant materials at vehicular entrances shall be located so as to maintain safe sight distances.
(5) 
Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with overhead power lines. A minimum of seventy-five percent (75%) of all required trees shall be shade trees.
J. 
Required Dedication Of Open Space. Each new commercial subdivision and development shall provide open space. The open space shall meet the following minimum requirements:
1. 
General Provisions. Rights-of-way as required by ordinance shall not be included in dedicated open space, unless the City, County or State permits the right-of-way to be improved with landscaping, etc., meeting the minimum requirements of this Section. Approval from the governing authority shall be provided before a permit will be issued.
2. 
Commercial Requirements. Open space in commercial developments shall be a minimum of ten percent (10%) of the total development. The requirements of Subsection (I) will be considered part of the required open space.
K. 
Suggested Trees For Landscaping.
LARGE SIZE CANOPY TREES
[reaching height of fifty (50) feet or more at maturity]
Common Name:
Patmore Green Ash (seedless variety)
Autumn Purple Ash
Pin Oak
Sugar Oak
Tulip Tree (use in moderation)
American Linden
MEDIUM SIZE CANOPY TREES
[reaching heights of thirty (30) to forty-five (45) feet at maturity]
Common Name:
Red Sunset Red Maple
Autumn Flame Maple
Autumn Blaze Maple
Ornamental Pear:
Aristocrat
Redspire
Cleveland Select
Capital Chanticleer
Yoshino Cherry
Kwansan Cherry
Thornless Honey Locust
Shade Master Honey Locust
SMALL SIZE UNDERSTORY TREES
[reaching heights of not more than thirty (30) feet at maturity]
Common Name:
Eastern Red Bud
Forest Pansy Redbud
Magnolia
Jane
Saucer
Ann
Royal Star
Amur Maple
Dogwood — shade
Red
Pink
White
DWARF AND WEEPING ORNAMENTAL TREES
[reaching heights of ten (10) feet or less]
Common Name:
Weeping Pussy Willow — shade
Japanese Maple
Weeping Red
Weeping Green
Bloodgood — any upright
Weeping Peach
Weeping Cherry
Tree Hydrangea
Tree Lilac
EVERGREEN TREES
(cannot be planted within public rights-of-way)
Common Name:
Fir
Spruce
Pine
Arborvitae
Junipers
UNDESIRABLE TREE SPECIES
(cannot be planted on public rights-of-way without Planning and Zoning Commission approval)
Common Name:
Box Elder
Silver or Soft Maple
Horse Chestnut
Tree-of-Heaven
Mimosa
Catalpa
Persimmon
Honey Locust (except thornless)
Black Walnut
Osage Orange
Apples
Mulberry (all fruit-bearing varieties)
Sycamore
Poplars
Cottonwood
Cherry, Plum and Pear (all fruit-bearing varieties)
Black Locust
Willow
Elms
Sweet Gum
L. 
Recommended Plant Material.
TURF
Common Name:
Common Kentucky Blue Grass
Common Tall Fescue
Turf-type Tall Fescue
LARGE SHRUBS (4 – 6 feet)
Common Name:
Glossy Abelia
Red Twig Dogwood
Dwarf Burning Bush
Hydrangea
Endless Summer
Oakleaf
Glowing Embers
Nikko Blue
Crape Myrtle
Heavenly Bamboo
Pieris — dwarf
Viburnum
Ninebark
SMALL SHRUBS (3 – 4 feet)
Common Name:
Azaleas — shade
Girard varieties
Boxwood
Wintergreen
Winter Gem
Emerald Jewel
Golden Euonymus
Sweetspire
Little Henry
Crape Myrtle — dwarf
Nadina
Harbor Dwarf
Compact
Firehouse
Firepower
Weigelia
Wint and Roses
Minuet
Rumba
Dwarf Korean Lilac
ORNAMENTAL GRASSES
Common Name:
Hardy Pampas
Karl Foerster Reed Grass
Maiden Grass — any variety
Loriope Grass
Variegated
Big Blue
Porcupine Grass
Variegated Japanese Silver Grass
BORDER PLANTS AND GROUND COVER
Common Name:
Hosta — shade
Coreopsis
Moonbeam
Zagreb
Daylilies — Hemerocallis
Columbine
Astilbe
Bergenia
Speedwell — Veronica
Russian Sage
Coral Bell
Ajuga
Creeping Phlox
Purple Leaf Wintercreeper
Sedum — Stonecrop
EVERGREENS
Common Name:
Mini Acadia Juniper
Compact Andorra Juniper
Dwarf Alberta Spruce
Hetzi Midget Arborvitae
Wichita Blue Juniper
Foster Holly
Sunkist Arborvitae
Bar Harbor Juniper
Densiform Yew
[R.O. 2009 Title IV Attachment 1; Ord. No. 3704, 12-14-2021; Ord. No. 3762, 8-9-2022; Ord. No. 3880, 8-22-2023]
Boundary Change/Lot Consolidation:
Filing fee, review, processing and recording
$125.00
Lot Split:
Filing fee, review, processing and recording
$185.00
Preliminary Plat:
Filing fee, review and processing
$200.00
Certified mailing
Current postal rates
Final Plat:
Filing fee, internal review, processing and recording of major subdivision
$675.00
Filing fee, internal review, processing and recording of minor subdivision
$225.00
Review by consultant
Per Section 415.020(D)
Original performance bond
$120.00
Each additional performance bond
$80.00
Zoning Change:
Filing fee, internal review and processing
$250.00
Mailing
Current postal rates
Board of Adjustment:
Appeal and special use permit filing fee and processing
$150.00
Variance filing fee and processing
$500.00
Mailing
Current postal rates
The City's cost for professional services for appeals and variances shall be paid by the applicant
Street Name Change:
Filing fee, review, processing, and recording
$325.00
Mailing
Current postal rates
Vacating:
Filing fee, review, processing, and recording
$325.00
Mailing
Current postal rates