City of Florissant, MO Chapter 410 Subdivisions

Charter Reference — Subdivisions, §11.4.

Cross References — Environmental quality commission, §§120.185 et seq.; landmarks commission, §120.280; buildings and building regulations, chs. 500 — 505; compliance with zoning regulations regarding signs, §520.220; regulation of video service providers, ch. 610; emergency management, ch. 240; electricity, §§505.040 et seq.; fire prevention and protection, ch. 215; flood damage prevention and control, ch. 415; parks and recreation, ch. 245; planning and community development, ch. 400; plumbing, §§505.060 et seq.; streets and sidewalks, ch. 530; zoning regulations, ch. 405.

State Law Reference — Plats generally, RSMo. §§445.010 et seq.

Section 410.010 Definitions.

[Ord. No. 1095 §I, 6-13-1960; Ord. No. 5256, 7-22-1991]

For the purpose of this Chapter, certain terms and words are herewith defined as follows:

ACCEPTED PUBLIC STREET

Any public street duly accepted for maintenance by the City of Florissant, the St. Louis County Council, the Missouri State Highway Commission, the Federal Government or a municipal government.

APPROVED STREET

Any street, whether public or private, meeting all applicable construction and design standards and specifications of the City of Florissant or any accepted public street.

BUILDING LINE

A line parallel to and equidistant from the street between which line and street no buildings or structures may be erected.

COLLECTOR STREET

A street which carries or is proposed to carry traffic from a major street to a major street and is indicated as a collector street on the City plan.

COMMISSION

City Planning and Zoning Commission of the City of Florissant, Missouri.

COUNCIL

City Council of the City of Florissant, Missouri.

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.

ESCROWED FUNDS

Only lawful money of the United States of America, negotiable obligations of the United States Government, State of Missouri or any of their political subdivisions.

FRONTAGE

That portion of a lot, parcel or tract of land adjacent to or abutting a street.

FRONTAGE ROAD

A public or private street or road auxiliary to and located on the side of an approved street for service to abutting property and adjacent acres and for control of access.

MAJOR STREET

A street of substantial continuity which serves or is intended to serve fast or large volumes of traffic and is indicated as a major street on the City plan.

METES AND BOUNDS

The method used to describe a tract of land by angular (metes) and linear (bounds) measurements.

MINOR STREET

A street in a single-family residentially zoned district primarily for access to abutting property.

OPEN SPACE

Historic buildings or sites, parkway strips, ornamental parks, traffic circles, easements along streams and buffer strips along roads or to separate conflicting uses.

PARKWAY

A street for non-commercial traffic with full or partial control of access which is developed with a parklike character.

PAVEMENT

Wherever the word "pavement" is used in this Chapter, it shall refer to that portion of a street having a constructed surface for the movement of vehicular traffic.

PLAT

A map, chart or drawing, to scale, of a tract of land to be subdivided showing such information as required elsewhere in this Chapter.

PRIVATE PARK

A park intended for the use of the lot owners of the proposed subdivision.

PRIVATE STREET

Any street, way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner.

PUBLIC PARK

A park intended for the use of the public.

SETBACK LINE

A line parallel to the centerline of a street or highway, between which line and street no buildings or structures may be erected.

STREET OR ROAD

A public or private way for purposes of vehicular travel or access to property, including the entire area within the right-of-way.

SUBDIVISION

A subdivision is:

1. Any division of land into two (2) or more tracts, lots, sites or parcels;

2. The dedication or establishment of right-of-way for a public or private street, road, alley, highway or walkway, except for a dedication of right-of-way in response to or as a result of official governmental action or request requiring or calling for such dedication;

3. Any rearrangement of property lines, whether or not additional lots, tracts or parcels are created, including rearrangements wherein fewer lots are created than previously existed;

4. Any tract of land, larger than one (1) acre, whether divided into separate lots or not, that is intended for occupancy by multiple families, such as duplexes, apartment buildings, condominiums, row houses, or other arrangements of attached or connected dwelling units.

Subdivisions are separated into two (2) classifications for administrative purposes, as follows:
	1.	A minor subdivision is any subdivision of property that is zoned for, and intended for use as, single-family residential property and which meets the following criteria:
		a.	No more than four (4) lots are altered or created; or all lots created are larger than ten (10) acres; and
		b.	All lots altered or created have access to, and proper frontage on, an existing public street, and no additional dedication of public rights-of-way or public easements is otherwise required; and
		c.	No public improvements, other than sidewalks, are required to be constructed for the subdivision.
	2.	Major subdivisions are any subdivisions not meeting the requirements for minor subdivisions.

ZONING DISTRICT

Wherever the term "Zoning District" is used in this Chapter, it shall refer to the Zoning Districts as established by the Zoning Districts and amendments thereto of the City of Florissant.

Section 410.020 Subdivision Procedure.

[Ord. No. 1095 §II, 6-13-1960; Ord. No. 5256, 7-22-1991; Ord. No. 5323, 1-27-1992; Ord. No. 6304, 10-11-1999]

A. Generally. Every subdivision of land within the City of Florissant, or for which annexation to the City of Florissant has been requested, shall be by recorded plat, in addition to metes and bounds description, and no subdivision shall be made except according to the requirements and procedures set forth herein. Petitioners desiring to subdivide property shall first hold a preliminary conference with the Director of Public Works to discuss the requirements applicable to the proposed subdivision. Petitioners shall submit a completed and fully executed application to appear before the Planning and Zoning Commission, together with all fees, plats, plans and other required documentation, at least two (2) weeks in advance of the Planning and Zoning Commission meeting at which petitioner desires to present his/her petition. Such timely submittal, however, shall not constitute a guarantee that the subdivision will be placed on the agenda for the desired meeting.

B. Major Subdivision Procedure.

1. Preliminary plat.

a. After holding the preliminary conference with the Director of Public Works, petitioners desiring a major subdivision must submit, together with their application to appear before the Planning and Zoning Commission and the proper fee, two (2) copies of a preliminary plat containing all information described in Section 410.030(A) below to the Director of Public Works for review and approval. The petitioner shall also submit at this time a copy of a certificate of title, or other documentation acceptable to the City Attorney, showing petitioner's legal interest in the property to be subdivided, together with any designation of agents desired by the petitioner. Preliminary plat review will not be started until the application, fee, plat and certificate of title have been received and dated by the Director of Public Works.

b. The Director of Public Works will review the preliminary plat for conformance to the requirements of the subdivision and zoning ordinances and to current engineering practices and shall complete the appropriate portion of the subdivision administrative review form. If the preliminary plat does not comply with all requirements, one (1) copy will be returned to the petitioner for correction and resubmittal with the deficiencies indicated. If more than one (1) resubmittal is required, an additional subdivision application fee shall be charged. When the Director of Public Works has approved the preliminary plat, the petitioner shall submit ten (10) additional copies of the approved preliminary plat. Upon receipt of the additional copies, the preliminary plat shall be placed on the next available agenda for consideration by the Planning and Zoning Commission. Petitioners should note that agendas are normally closed at 5:00 P.M. on the Wednesday preceding a Planning and Zoning Commission meeting.

c. The Planning and Zoning Commission shall approve, approve with conditions or disapprove the preliminary plat within sixty (60) days of the first (1st) meeting of the Commission to consider the plat, unless extensions for further consideration are mutually agreed upon by the Commission and the petitioner. Failure to approve or reject the preliminary plat within sixty (60) days shall be deemed approval of the Commission.

d. The action of the Commission shall be noted on two (2) copies of the preliminary plat, along with the signatures of the Chairman and Secretary of the Commission and any conditions imposed by the Commission. One (1) copy shall be returned to the petitioner, and one (1) copy shall be retained by the Commission.

e. Approval of a preliminary plat by the Commission constitutes authorization for the petitioner to complete engineering designs and began preparation of the final plat. If desired, petitioner may, at his/her own risk, begin tree removal, grading and improvements; but petitioner should note that only approval of the final plat by the City Council constitutes approval of the subdivision for recording, the sale of lots or any other purpose. Petitioners should note that changes may be required in the subdivision between approval of the preliminary plat and approval of the final plat, such as addition or relocation of utility easements, changes in the number, location or size of lots, or relocation of street rights-of-way, and must be prepared to make necessary corrections to any site construction already performed at their own cost.

2. Public/common use improvement plans.

a. After approval of the preliminary plat by the Planning and Zoning Commission, the petitioner shall submit two (2) bound sets of all public or common use improvement plans to the Director of Public Works for review and approval. The plans must bear the seal and signature of a registered professional engineer licensed to practice in the State of Missouri and must show all plans, details, profiles and cross sections necessary for the construction of all improvements of a public or common-use nature, such as streets, sidewalks, detention facilities, sanitary and storm sewers, water mains and fire hydrants and street lights, whether or not such improvements are proposed to be dedicated to any public agency for maintenance.

b. The Director of Public Works shall date the improvement plans and review them for compliance with the requirements of Section 410.040 and 410.050 of this Chapter and with current engineering practice and shall complete the appropriate portion of the subdivision review form. If corrections or changes are needed, one (1) copy of the improvements plans shall be returned to the petitioner for correction and resubmittal. Should more than one (1) resubmittal be required, an additional subdivision application fee will be charged.

c. Improvement plans shall not be approved by the Director of Public Works until the following information has also been received, if applicable to the subdivision:

(1) A letter from the Metropolitan St. Louis Sewer District, or other authority having jurisdiction over the collection and treatment of sanitary and storm sewage, approving the design of any sanitary and/or storm sewers and detention facilities proposed or required for the subdivision;

(2) A letter from the fire district having jurisdiction approving the layout and sizing of the water mains and fire hydrants;

(3) A letter from AmerenUE approving the layout of the street lights;

(4) An itemized estimate of the total cost of the improvements prepared by a registered professional engineer and based upon the current St. Louis County Department of Highways and Traffic's construction cost list.

d. Upon approval of the improvement plans by the Director of Public Works, the petitioner shall submit four (4) additional bound sets of the approved plans with the approval date noted thereon.

3. Final plat.

a. After all public or common use improvement plans have been approved by the Director of Public Works, the petitioner shall submit two (2) copies of the final plat for review and approval. The Director of Public Works will review the final plat for conformity to the requirements of the subdivision and zoning ordinances and with current engineering practice and shall complete the applicable portion of the administrative review form. If the final plat does not comply with all requirements, one (1) copy will be returned, with deficiencies noted, for correction and resubmittal. Should more than one (1) resubmittal be required, an additional application fee will be charged.

b. Upon approval of the final plat by the Director of Public Works, the petitioner shall submit the original of the final plat, fully signed and executed by all parties having a legal interest in the property, including mortgage holders, together with twenty-one (21) copies of the approved final plat. The date shown on the plat shall be the date of approval by the Director of Public Works. The original of the plat shall be on tracing cloth (linen), drafting film (mylar) or equivalent material suitable for recording and permanent recordkeeping.

c. The petitioner shall also submit with the original of the approved final plat the following:

(1) A copy of the indentures, if any, containing deed restrictions and establishing trusts, unless these items are set out in full text on the final plat. If separate indentures are to be recorded, they shall be referenced by notes on the final plat. If no indentures pertain to the subdivision, this fact shall be noted on the final plat.

(2) A certificate from St. Louis County showing that all taxes due have been paid.

(3) A set of plans for each type of building to be constructed in the subdivision, including floor plans, elevations, color scheme, materials of construction, landscaping and siting of the buildings on the lots. Such plans must be sufficient to allow review of the structural and landscaping improvements proposed against the standards of good architecture, civic design, the character of the neighborhood, and the requirements of all other ordinances of the City of Florissant. When the petitioner intends to sell improved lots in all or part of the subdivision without buildings erected thereon, he/she may certify this intent in writing in lieu of this requirement.

(4) A letter from the local postmaster approving the names of the proposed streets and the proposed system of addresses along such streets.

(5) A letter from the St. Louis County Recorder's office approving the proposed name of the subdivision.

(6) A completed and executed land subdivision surety bond, escrow agreement or certificate of completion of all required improvements as required by Sections 410.050(8)(a) and 410.050(8)(b).

(7) A completed and executed water main agreement, if the subdivision is to be served by the City of Florissant Water Company, or proof that water lines and hydrants have been or will be installed and maintained by another public utility in conformance with Sections 410.050(8)(c)(10) or 410.050(8)(c)(11).

d. No final plat shall be placed on the agenda for review by the Planning and Zoning Commission until all above items have been received by the Director of Public Works. Upon receipt of the required documentation, the final plat shall be placed upon the next available agenda for consideration by the Planning and Zoning Commission.

e. The Planning and Zoning Commission may recommend approval, approval with conditions or disapproval of the proposed final plat. If the Commission recommends approval with conditions and the conditions are acceptable to the petitioner, the petitioner shall make any necessary changes in the final plat and shall resubmit the original and twenty-one (21) copies of the revised plat to the Director of Public Works for verification that the conditions required have been incorporated. The date of the revisions shall be shown on the plat. The Commission may require that the revised final plat be resubmitted for their review, or they may elect to allow the plat to be presented to the City Council directly after verification of the revisions by the Director of Public Works.

f. The recommendation of the Commission shall be noted on the original plat over the signatures of both the Chairman and the Secretary of the Commission. The original plat shall then be forwarded to the City Council for their consideration.

g. Upon the issuance of a recommendation by the Planning and Zoning Commission, the City Council shall set a public hearing on such final plat provided that the petitioner has deposited funds with the City Clerk sufficient to cover the anticipated cost of advertising such public hearing. If no recommendation has been made by the Planning and Zoning Commission within sixty (60) days of the first (1st) meeting of the Commission to consider such final plat, the petitioner may request the City Council to set a public hearing on such final plat by filing a written request thereof with the City Clerk together with any required deposit to cover the anticipated costs of advertising such public hearing. Upon receipt of such written request and the deposit for advertising costs, the City Council shall set a public hearing and in the absence of a recommendation from the Planning and Zoning Commission, the Planning and Zoning Commission shall be deemed to have made a recommendation of approval.

h. At least fifteen (15) days' notice of such public hearing shall have been published in a legal newspaper of general circulation within the City of Florissant giving the time, date, place and purpose of such hearing, but no public hearing shall be commenced until the petitioner has provided payment for the notice of publication of such public hearing. If such payment is not provided by the petitioner within sixty (60) days of submission of a bill thereto, the petition shall be deemed abandoned and the request for public hearing withdrawn.

i. Upon enactment of an ordinance approving a final plat, the City Clerk shall certify such enactment on the face of the original plat and shall return the plat to the petitioner for recording. Two (2) copies of the final plat, with the book and page where recorded noted thereon, shall be filed with the City Clerk after recording. No building permits shall be issued for any subdivision until said two (2) copies of the recorded plat have been filed with the City Clerk.

C. Minor Subdivision Procedure.

1. After holding the preliminary conference with the Director of Public Works, petitioners desiring a minor subdivision must submit, together with their application to appear before the Planning and Zoning Commission and the proper fee, a copy of a certificate of title or other documentation acceptable to the City Attorney showing the petitioner's legal interest in the property to be subdivided and any designation of agents desired by the petitioner. Petitioner shall also submit two (2) copies of the proposed final plat and, if applicable, two (2) copies of the improvement plans for any necessary sidewalks together with an itemized cost estimate for the sidewalks or request for exemption or modification of sidewalk requirements. The final plat shall contain all the information required in Section 410.030(B) below; improvement plans, if necessary, shall conform to the requirements of Sections 410.040 and 410.050 below. Review of the final plat will not be started until all items listed above have been received and dated by the Director of Public Works.

2. The Director of Public Works will review the final plat and improvement plans for conformity to the requirements of the subdivision and zoning ordinances and to current engineering practice and shall complete the applicable portion of the administrative review form. If the final plat or improvement plans do not comply with all requirements, one (1) copy will be returned, with deficiencies noted, for correction and resubmittal. Should more than one (1) resubmittal be required, an additional fee will be charged.

3. Upon approval of this final plat and, if applicable, the improvement plans by the Director of Public Works, the petitioner shall submit the following:

a. Four (4) additional sets of any sidewalk plans.

b. The original of the final plat, fully signed and executed by all parties having a legal interest in the property, including mortgage holders, together with twenty-one (21) copies of the approved final plat. The date shown on the plat shall be the date of approval by the Director of Public Works. The original plat shall be on tracing cloth (linen), drafting film (mylar), or equivalent material suitable for recording and permanent recordkeeping.

c. A certificate from St. Louis County showing that all taxes due have been paid.

d. A set of plans for each type of building, if any, to be constructed in the subdivision, including floor plans, elevations, color scheme, materials of construction, landscaping and siting of the buildings on the lots. Such plans must be sufficient to allow review of the structural and landscaping improvements proposed against the standards of good architecture, civic design, the character of the neighborhood, and the requirements of all other ordinances of the City of Florissant. When the petitioner intends to sell improved lots in all or part of the subdivision without buildings erected thereon, he/she may certify this intent in writing in lieu of this requirement.

e. A letter from the St. Louis County Recorder's office approving the proposed name of the subdivision.

f. If sidewalks are required, a completed and executed land subdivision surety bond, escrow agreement or certificate of completion of all required improvements as required by Sections 410.050(8)(a) and 410.050(8)(b).

4. No final plat shall be placed on the agenda for review by the Planning and Zoning Commission until all above items have been received by the Director of Public Works. Upon receipt of the required documentation, the final plat shall be placed upon the next available agenda for consideration by the Planning and Zoning Commission.

5. The Planning and Zoning Commission may recommend approval, approval with conditions or disapproval of the proposed final plat. If the Commission recommends approval with conditions and the conditions are acceptable to the petitioner, the petitioner shall make any necessary changes in the final plat and shall resubmit the original and twenty-one (21) copies of the revised plat to the Director of Public Works for verification that the conditions required have been incorporated. The date of the revisions shall be shown on the plat. The Commission may require that the revised final plat be resubmitted for their review, or they may elect to allow the plat to be presented to the City Council directly after verification of the revisions by the Director of Public Works.

6. The recommendation of the Commission shall be noted on the original plat over the signatures of both the Chairman and the Secretary of the Commission. The original plat shall then be forwarded to the City Council for their consideration.

7. The City Council may hold a public hearing on any proposed minor subdivision but a public hearing shall not be required for minor subdivisions unless requested by the petitioner, the Commission or at least three (3) members of the City Council. At least fifteen (15) days' notice of such public hearing shall have been published in a legal newspaper of general circulation within the City of Florissant giving the time, date, place and purpose of such hearing.

8. Upon the issuance of a recommendation by the Planning and Zoning Commission, or if no recommendation has been made by the Planning and Zoning Commission within sixty (60) days of the first (1st) meeting of the Commission to consider such final plat, the petitioner may request the City Council to set a public hearing on such final plat by filing a written request therefor with the City Clerk together with any required deposit to cover the anticipated costs of advertising such public hearing. In the event that the petitioner has requested the setting of public hearing in the absence of a recommendation from the Planning and Zoning Commission, the Planning and Zoning Commission shall be deemed to have made a recommendation of disapproval.

9. At least fifteen (15) days' notice of such public hearing shall have been published in a legal newspaper of general circulation within the City of Florissant giving the time, date, place and purpose of such hearing, but unless the public hearing has been requested by the Planning and Zoning Commission or at least three (3) members of the City Council, no public hearing shall be commenced until the petitioner has provided payment for the notice of publication of such public hearing. If such payment is not provided by the petitioner within sixty (60) days of submission of a bill thereto, the petition shall be deemed abandoned and the request for public hearing withdrawn.

10. Upon enactment of an ordinance approving a final plat, the City Clerk shall certify such enactment on the face of the original plat and shall return the plat to the petitioner for recording. Two (2) copies of the final plat, with the book and page where recorded noted thereon, shall be filed with the City Clerk after recording. No building permits shall be issued for any subdivision until said two (2) copies of the recorded plat have been filed with the City Clerk.

D. Boundary Adjustments.

1. Purpose. The purpose of this Section is to allow adjustments to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes, frontages or configuration of buildable lots or consolidation or division of existing lots.

2. Boundary adjustment criteria. Boundary adjustments must meet the following criteria:

a. No additional, divided or consolidated buildable lot shall be created by any boundary adjustment.

b. The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required by the City of Florissant Zoning Code.

c. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of the City of Florissant Zoning Code, provided that the resulting adjustment of lot lines does not increase the degree of non-compliance of any lot with the Zoning Code.

3. Procedure.

a. A boundary adjustment shall be accomplished by plat prepared by a surveyor licensed in the State of Missouri and shall include an adequate legal description of the boundaries of the original lots and or the adjusted lots.

b. The boundary adjustment plat or plats shall be submitted to the Department of Public Works and the City Clerk for review and approval prior to its recording with the Recorder of Deeds of St. Louis County. No further approval shall be required by the City.

4. Fee. At the time of submitting the plat to the City, a fee of one hundred fifty dollars ($150.00) shall be paid to defray the administrative costs incidental to reviewing and signing the plat.

Section 410.030 Information Required On Plats.

[Ord. No. 1095 §III, 6-13-1960; Ord. No. 5256, 7-22-1991]

A. Preliminary Plat. The preliminary plat shall show:

1. The location of present property, U.S. survey, section, township and range lines of incorporated areas.

2. The proposed location and width of streets, alleys, lots, building and setback lines and easements.

3. Existing sanitary and storm sewers, water mains, culverts and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated upon the plat.

4. The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract.

5. The names and adjoining boundaries of all adjoining subdivisions and the names of owners of adjoining parcels of unsubdivided land as shown on public records.

6. Existing contours with intervals of not more than five (5) feet referred to sea level datum.

7. North point, scale and date.

8. Location of parks and other public or semi-public area.

9. Statement of type of sanitary sewers or other sewage disposal facilities.

B. Final Plat. The final plat shall show:

1. The boundary lines of the area being subdivided with accurate distances and bearings; all U.S. survey, section, township and range lines.

2. All proposed and existing streets and alleys with their widths and names.

3. The outboundary dimensions of any property which is offered for dedication for public use.

4. The boundaries of all adjoining lands and all adjacent streets and alleys with their widths and names.

5. All lot lines and an identification system for all lots and blocks.

6. Building lines and easements provided for public use, services or utilities with figures showing their dimensions.

7. All dimensions, both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, alleys, easements for 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.

8. Radii, arcs, points of tangency and radii for all rounded corners.

9. All survey monuments and bench marks, together with their descriptions.

10. Name of subdivision and location of property subdivided with regard to township, range and section, U.S. survey; points of compass, scale of plan and name of owner or owners.

11. Certification by a registered land surveyor that the plat represents a survey made by him/her; that all the necessary survey monuments are correctly shown thereon; and that all lots shown have the required minimum area.

Also impressed thereon, and affixed thereto, the personal seal and signature of the registered land surveyor by whom, or under whose authority and direction, the plat was prepared in conformance with Missouri Revised Statutes. The seal and signature should be in substantially the following form:

	I, _______________, Missouri Land Surveyor, do hereby certify that this plat is a correct representation of a survey made by me on the ____ day of __________, 20____, at the request of _______________ for the purpose of subdividing said tract into lots as shown.
	LAND SURVEYOR'S SEAL
	Surveyor's Name. L.S. Number

12. Private restrictions and trusteeships and their periods of existence. Should such restrictions and trusteeships be filed as a separate instrument, reference to such instrument shall be made on the plat. Plats shall contain proper acknowledgments of owners and holders of deeds of trust.

Section 410.040 City Plan.

[Ord. No. 1095 §IV, 6-13-1960]

A. A plan or plans showing future streets, rights-of-way, street widening, cross sections of streets, private parks and open spaces, natural drainage areas, historic building or sites, building lines or other features which are to be incorporated into new subdivisions can be prepared by the Commission, adopted by the Council and amended or added to as required, all according to the procedures for adopting and amending this Chapter. Plans for any one (1) or all of the elements listed above can be so adopted, and after its adoption, all proposed subdivisions shall be reviewed against the standards and requirements of the plan.

B. Such plan or plans shall be known as the City plan and, when adopted, will be automatically incorporated by reference as a part of this subdivision ordinance.

C. All streets, parks, open space or other features or standards of the City plan applicable to a tract or parcel of land proposed to be subdivided shall be included in the plat of such subdivision substantially as shown on the City plan. Refinements and modifications of the features required by the City plan may be approved by the Commission when this will improve the design of the subdivision and further the purposes of the City plan.

D. The approved City plan with all amendments thereto shall be signed by the Mayor and City Clerk and filed with the City Clerk. Copies of the City plan shall be available to all subdividers.

Section 410.050 Minimum Standards of Design and Development. [1]

[Ord. No. 331, no date; Ord. No. 1095 §V, 6-13-1960; Ord. No. 1943 §1, 5-13-1968; Ord. No. 2269 §§1, 2, 6-8-1970; Ord. No. 4371 §1, 3-26-1984; Ord. No. 5256, 7-22-1991; Ord. No. 5442, 11-23-1992]

A. No subdivision plat shall be approved by either the Commission or by the Council unless it conforms to the following minimum standards and requirements:

1. Potential dwelling displaced by parks or open space.

a. When parks or open space are included in the plat, the subdivider may provide for that number of dwelling units that he/she would be permitted to build under the zoning ordinance if no parks or open space were included in the subdivision, but such dwelling units must be located within that portion of the tract or parcel indicated for residential use by the City plan. If offered to the City for dedication, such parks may be accepted for dedication and maintenance.

b. In order that potential dwellings displaced by parks or open space can be accommodated in the subdivision, the yard, height and lot size established by the zoning ordinance for that tract or parcel can be waived by the Commission. The Commission shall waive these requirements only when it finds that the proposed subdivision makes good use of topography and natural features, provides needed open space and contributes variety and interest to the character of its neighborhood without adversely affecting adjacent property. Requirements such as for side or rear yard, replacing those that are waived under this provision, shall be included in the subdivision plat or restrictions, and subsequent replacement and extension of buildings shall be controlled by such plat or restrictions.

2. Streets.

a. The location, width and typical cross section of all streets shall conform to the City plan and shall be designed to relate to existing and future streets, to topographical and natural conditions, to public convenience and necessity, to visual character, and to the proposed uses of the land to be served by the street. The subdivider may be required to continue adjoining streets through the area being subdivided when necessary to provide for local movements of vehicles or to enable adjoining property to be properly subdivided.

b. Streets shall have the following rights-of-way, except as increased or decreased by the City plan or varied in unusual circumstances by the Commission:

(1) Major streets, eighty (80) feet.

(2) Collector streets, sixty (60) feet.

(3) Minor streets, fifty (50) feet.

(4) Frontage roads, fifty (50) feet.

c. Where a minor street is required to terminate in a circular open space, said open space shall have a minimum radius of fifty (50) feet. Except in unusual instances, no such street, including cul-de-sac, shall exceed six hundred (600) feet in length.

d. Intersections with a major street or collector street shall be designed as nearly as possible at right angles.

e. Streets may be retained as private streets or offered for dedication as public streets, but the Commission may require that certain streets be dedicated.

Reserve strips controlling access are prohibited except when control is placed with the City under conditions approved by the Commission. Where streets are to be retained as private streets, they shall be constructed to conform with the provisions of this Chapter relative to dedicated streets, and all provisions of this Chapter shall apply thereto, although continued to be maintained as private streets. All escrow funds and any other provisions pertaining to streets contained in this Chapter shall apply to the construction and maintenance of private streets or streets that are to be maintained as private streets after construction thereof.

f. When a subdivision abuts or contains an existing or proposed major street, the Commission may require a frontage road, or on a major street reverse frontage with a reservation of land along the rear property line through which no access shall be permitted, deep lots with rear service alley, or such other treatment as may be appropriate to separate through and local traffic, to develop all major streets according to limited access principles and to protect residential uses from through traffic.

3. Easements.

a. Easements not less than five (5) feet wide shall be provided on each side of all rear lot lines, and side lines where necessary, for poles, wires, conduits, sanitary sewers, gas, water and heat mains, and storm sewers and stormwater drainage improvements. Easements of greater width may be required along lines or across lots where necessary for the extension of mains, sewers, utilities and sidewalks or crosswalks. When alleys are provided, utilities may be located within the alley.

b. Whenever any stream or surface drainage course is located in an area that is being subdivided within the Metropolitan St. Louis Sewer District, the subdivider shall dedicate an adequate easement as required by the Metropolitan St. Louis Sewer District for the purpose of widening, deepening, sloping, realigning, improving or protecting the stream or surface drainage course.

c. Where any stream or surface drainage course is located in an area that is being subdivided outside the Metropolitan St. Louis Sewer District, the subdivider shall dedicate, as determined by the Commission, an adequate easement for the purpose of widening, deepening, sloping, realigning, improving or protecting the stream or surface drainage course.

4. Blocks.

a. The length, width and shape of blocks shall be determined with regard to adequate building sites suitable to the special needs of the use contemplated and the limitations and opportunities of topography.

b. No block shall be longer than fifteen hundred (1,500) feet between intersecting streets. A crosswalk of ten (10) feet may be required when necessary for pedestrian access and circulation.

c. Blocks adjacent to a major street shall be designed to minimize points of ingress and egress.

5. Lots.

a. All lots shall be designed to provide desirable building sites properly related to topography, natural features, streets and land use. Except as required below, the minimum area of any lot shall be that required by the zoning ordinance, with no less than fifty (50) feet of width at the building line, but larger or smaller lots than established by the zoning ordinance may be required or permitted by the Commission in order that private parks or open space can be accommodated as provided by Section 410.050(1)(b), dwellings can be separated from major street traffic as required by Section 410.050(2)(f), or as demanded by any other standard, purpose or policy of the City plan or this Chapter.

b. When a lot has an area less than three (3) acres:

(1) It must be served by either a public or private sewer system.

(2) It must be served by a public water system.

c. Where the minimum lot area is three (3) acres or more:

(1) A lot may be served by a septic tank or private water supply.

(2) Its least dimension shall be three hundred fifty (350) feet.

(3) It should have access to frontage road, collector street, minor streets but not a major street.

d. Where a lot is located at the intersection of two (2) or more streets, extra width shall be provided sufficient to permit the establishment of front building lines on both the front and the side, or sides, of the lots adjoining the street.

e. Depth and width of lots laid out for other than single-family dwelling purposes shall be adequate for off-street service, parking and protection of adjacent uses of streets.

6. Building lines.

a. Building lines required by the zoning ordinance shall be shown on all lots intended for residential use of any character and on non-residential lots immediately adjoining residential areas.

b. In the interest of good design (to avoid monotony) or to meet other standards of this Chapter or the City plan, the Commission may permit a variation in the building line as required by the zoning ordinance for the district in which the lot is to be located.

c. The subdivision plat or restrictions shall require that all enclosed parts or buildings be set back of building lines. Yard and height restrictions shall also be included when required by the provisions of Section 410.050(1)(b).

7. Maintenance of common facilities. Where the subdivision contains paving, sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities necessary or desirable for the common use or benefit which are not or cannot be satisfactorily maintained by any existing public agency, provision shall be made by trust agreement made a part of the deed restrictions, or protective covenants acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities.

8. Improvements. Before the final plat of any subdivided area shall be approved by the City Council and recorded, the subdivider shall make and install the improvements described in this Subsection. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may post a surety bond, irrevocable letter of credit or escrow agreement approved by the City Attorney of the City of Florissant, which bond, letter of credit or escrow agreement will insure to the City that the improvements will be completed in the event the subdivider abandons the subdivision or fails to install the minimum improvements within two (2) years after the final approval of the plat, whichever shall occur first. The amount of the bond, letter of credit or escrow agreement shall not be less than the estimated cost of the improvements, and the amount of the estimate must be approved by the City Engineer. Said estimate shall be prepared by the subdivider on forms furnished by the City of Florissant. If the improvements are not completed within the specified time, the City Council may use the bond, letter of credit or funds in escrow, or any necessary portion thereof, to complete same.

a. Should the subdivider desire to provide a surety bond or letter of credit, the bond form or letter of credit shall be in a form as approved by the City Attorney.

b. Should the subdivider desire to provide an escrow agreement, it shall:

(1) Be approved by the City Attorney as to legal form;

(2) Upon approval by the City Council be executed by the Mayor;

(3) Guarantee the improvements set forth in the approved final plat by providing for a deposit with an approved escrow depositary;

(4) Provide that the escrowed sum shall be held in special escrow account by the escrow holder, subject to the audit of the City of Florissant;

(5) The escrowed sum shall be held by the escrow holder, as in the agreement provided, until such time as the Mayor shall, upon approval by the City Council by written authorization addressed to the escrow holder, release the escrow funds. In no case shall an authorization be given for the release of more than seventy percent (70%) of the escrowed sum allocated for each specific improvement or installation during construction. When a specific improvement or installation has been completed in accordance with the provisions of the ordinance and is approved by the City Engineer, an authorization shall be given for the release of a sum not to exceed an additional twenty percent (20%) of the escrowed sum allocated for such specific improvement or installation. Upon the completion of all improvements or installations in accordance with the provision of this Chapter and approval and acceptance for dedication and/or maintenance by the City Council, an authorization shall be given for the release of the remaining ten percent (10%) of the escrowed funds; provided however, that in the event that all improvements or installations are completed except for ten percent (10%) or less of the total amount of sidewalks remaining to be installed in a subdivision, the City Council may approve and accept for dedication and maintenance the streets of said subdivision and authorize the release of all remaining escrowed funds upon the tendering by the developer of a cash deposit to the City of Florissant in an amount equal to one hundred twenty-five percent (125%) of the estimated contract cost for installation of the remaining sidewalks in a subdivision and further upon submission of a written agreement executed by the developer guaranteeing the completion of the remaining sidewalks in the subdivision within eighteen (18) months of the date of the approval and acceptance for dedication and maintenance of the streets of said subdivision and authorizing the City of Florissant, upon failure of the developer to complete the sidewalks as indicated herein, to complete the installation of the sidewalks, or contract for such installation, and to use the cash deposit for payment of such installation.

(6) Should the subdivider abandon the subdivision or fail to complete the improvements within two (2) years from the date of the City's approval of the final plat of the subdivision, whichever shall occur first, except as provided in paragraph (5) above, the City may complete or have completed the said improvements and the escrow holder shall then disburse the escrow funds therefor as ordered and directed by the Mayor upon approval of the City Council.

(7) The form for said escrow agreement shall be as approved by the City Attorney.

c. The minimum improvements installed in any subdivision before the plat can be finally approved shall be in accordance with the following:

(1) Minor streets shall have a pavement width of twenty-six (26) feet including curbs and gutters.

(2) Collector streets shall have a pavement width of thirty-six (36) feet including curbs and gutters.

(3) Major streets shall have a pavement width of forty-four (44) feet including curbs and gutters.

(4) Frontage road shall have a pavement width of twenty-six (26) feet including curbs and gutters.

(5) In the case of minor streets having permanent open space on one (1) or both sides or lots intended for single-family dwelling use have a frontage of one hundred (100) feet, the pavement width may be reduced to twenty (20) feet and sodded gutters may be built in lieu of curbs and gutters at the discretion of the Commission with the approval of the City Engineer.

(6) Street pavement shall be of concrete only and shall be built according to City specifications as follows:

(a) Requirements and conditions.

(i) These specifications are intended to apply to construction in new subdivisions under the inspection of the City of Florissant where work is being performed by the subdivision developer or a contractor for the developer and not under a contract with the City of Florissant.

(ii) Prior to the start of any paving work under these specifications, the following items shall meet the appropriate requirements of the City of Florissant.

(iii) The grading of the entire right-of-way shall be completed, including the preparation of the subgrade to the grade and cross section indicated on the plans.

(iv) All sewers and other utilities which are installed in trenches within the areas designated for road purposes are to be properly backfilled and inspected. Granular backfill is required under areas to be paved. All other areas shall be jetted or tamped.

(v) The office of the Director of Public Works shall be notified a minimum of seventy-two (72) hours prior to the start of any of the work under these specifications.

(vi) Grade and line stakes are to be placed by the engineer for the developer prior to setting forms.

(vii) Placing and compaction of soil against the back of the curb shall be accomplished as soon as practicable without damage to the finished concrete. Backfill material shall be free of large or frozen lumps, wood or other extraneous material. All excavated spaces behind the curbs shall be refilled and compacted to ninety percent (90%) maximum density according to ASTM Test 698-65 and shall approximate the final cross section shown on the plans.

(viii) Pavement thickness for local streets within residential subdivision shall be a minimum of six (6) inches.

(ix) Pavement thickness for collector streets or major streets within residential subdivision shall be a minimum seven (7) inches. Pavement thickness for local streets within industrial parks shall be a minimum eight (8) inches.

(x) Local, collector and arterial streets shall be designated by the City of Florissant Planning and Zoning Commission and pavement thickness will be shown on the plans in accordance with the street classification.

(b) Description.

(i) This item shall consist of a pavement of Portland cement concrete, with or without reinforcement constructed on the prepared subgrade or other base course as indicated by these specifications and in conformity with the lines, grades, thickness and typical cross section, which is on file in the Public Works Department and/or as shown on the plans. Portland cement concrete shall consist of an intimate mixture of Portland cement, fine aggregate, coarse aggregate, purposely entrained air and water.

(ii) Quality of concrete. Concrete shall be considered of satisfactory quality provided it is made (1) of materials accepted for the job, (2) of the approved mix and (3) in complete accordance with the requirements stated in Subsection (f), "Construction Methods".

(c) Definitions. As used in this Section, the following terms shall have these prescribed meanings:

CONTRACTOR

An individual or organization engaged by the developer to perform work in conjunction with the development of the real estate subdivision, to be interpreted for the extent of this specification as meaning the paving contractor.

DEVELOPER

The owner or owner's representative responsible for the development of a real estate subdivision.

ENGINEER

The developer or owner's designated registered professional engineer or the duly appointed representative of the engineer.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works for the City of Florissant or his/her authorized representative.

INSPECTOR

A duly authorized representative of the City of Florissant having the right to make such inspections or tests as may be deemed necessary at the plant of the contractor or of his/her suppliers or on the job site.

PLANS

All drawings and computations necessary for the construction of the streets and drainage facilities in the real estate subdivision, as prepared by the engineer and approved by the Director of Public Works.

TYPICAL SECTIONS

Pavement sections shown on the sheet entitled "Integral Curb Pavement Typical Sections and Details" which is attached to these specifications and made a part thereof.

(d) Materials.

(i) Portland cement shall conform to the current ASTM Standard Specifications for Portland cement.

(ii) Fine aggregate shall consist of Meramec, Missouri or Mississippi River sand. It shall be free from injurious amounts of organic impurities. It shall be well graded coarse to fine and, when tested by means of standard square mesh sieves in accordance with ASTM C136-46, shall conform to the following requirements:

		Percent
	Passing 3/8 inch sieve	100
	Passing #4 sieve — not less than 95 nor more than	100
	Passing #20 sieve — not less than 40 nor more than	70
	Passing #50 sieve — not less than 5 nor more than	20
	Passing #100 sieve — not more than	5

(iii) Coarse aggregate may be either Meramec River gravel or crushed stone. It shall consist of sound durable and uncoated particles. It shall have a minimum french coefficient of 6. Gravel shall be washed clean. It must meet the purity requirements in force at the time the bid is submitted, of the Missouri State Highway Department. Stone will be accepted only from rock ledges accepted by the Missouri State Highway Department.

(iv) Coarse aggregate for concrete pavement shall meet the following requirements: ms 3392 tabs.

		Percent	Percent
	Passing 2 inch square sieve		100
	Passing 1½ inch square sieve	95	100
	Passing ¾ inch square sieve	35	70
	Passing 3/8 inch square sieve	10	30
	Passing #4 square sieve	0	5

(v) Air-entraining agent must meet the current ASTM standard requirement.

(vi) Water used in mixing or curing concrete shall be clean and free from injurious amounts of oil, salt, acid, vegetable or other substances harmful to concrete.

(vii) Concrete used for paving shall have a minimum compression strength of four thousand (4,000) psi at twenty-eight (28) days as determined by the "Standard Method of Test for Compression Strength of Moulded Concrete Cylinders" (ASTM C-39-67).

(e) Proportioning of concrete.

(i) Concrete shall be made:

i) Of materials accepted for the project;

ii) Of proportions designated by the engineer; and

iii) In accordance with the requirements under construction methods.

(ii) Aggregates shall be proportioned into the mix separately by weight unless specifically approved otherwise by the engineer. Water may be proportioned by weight or by volume. Portland cement shall be taken as ninety-four (94) pounds per sack. Batches requiring a portion of a sack will not be permitted unless all cement used in the batch is weighed.

(iii) The minimum cement content shall not be less than six (6) sacks per cubic yards of concrete and the maximum water content shall not exceed six (6) gallons per sack of cement, including water contained by the aggregate other than by absorption.

(iv) The concrete as placed in the forms shall contain entrained air in the following amounts:

	Maximum size aggregate (inches)	Amount of air (percent)
	1½, 2, 2½	5±1
	¾, 1	6±1

(f) Construction methods.

(i) Equipment and tools necessary for handling materials and performing all parts of the work must meet the approval of the Director of Public Works as to design, capacity and mechanical conditions and must be on the job before the work is started. Any equipment which is not maintained in full working order or which, as used by the contractor, is inadequate to obtain the results prescribed, shall be improved or similar equipment substituted or added as directed by the engineer.

(ii) The subgrade shall be cleared of large stones, sod, trees, roots, rubbish and other debris. Holes and irregularities shall be filled and compacted to uniform density and the subgrade shaped and finished to conform to the lines and grades as shown on the plans. All soft, loose or yielding material of the subgrade that will not compact when rolled or tamped shall be removed and replaced with suitable material placed and compacted as specified herein. The compacted subgrade shall extend laterally a minimum of one (1) foot beyond the outer limits of the forms. Fill materials shall be placed in layers not exceeding six (6) inches in depth and be compacted by rolling, vibrating or tamping to ninety percent (90%) maximum density according to ASTM Test 698-65. The same density is required in cut section as in fill sections.

(iii) The approved subgrade and inspected forms shall be in place and ready for paving not less than three hundred (300) feet ahead of the paving operation.

(iv) The subgrade shall be moist but not muddy when placing concrete.

(v) Wash water from mixers will not be permitted on the subgrade and will not be deposited in any drainage structures.

(g) Forms.

(i) Forms shall be true to line and grade and securely staked so as to be unyielding during concreting operations. Top faces of forms shall not vary from a true plane more than one-fourth (¼) inch in ten (10) feet.

(ii) Earth under the forms shall be securely compacted prior to placing of concrete.

(iii) The method of connecting form sections shall be such as to insure a right, neat joint. Each time forms are used, they shall be cleaned thoroughly and oiled before concrete is placed against them.

(h) Mixing and placing concrete.

(i) A uniform consistency of concrete shall be maintained at all times. The concrete shall be consolidated by means of a vibrating screed or an oscillating machine. If said screed does not impart the necessary vibrating energy, in the opinion of the engineer, it shall be improved or replaced to his/her satisfaction. The concrete slump shall not exceed four (4) inches. Consolidation by hand will be permitted only in special cases and then under the specific direction of the engineer.

(ii) Concrete may be mixed on the site in a batch mixer, mixed in transit mixers or mixed in a central mixing plant. Sufficient notice shall be given the Director of Public Works, prior to placing concrete, of the method of mixing to be used so that mixing and delivery equipment can be checked and approved for use.

(iii) All longitudinal and transverse joints shall conform to the detail as set out in the typical sections of these standard specifications. These points shall be straight and perpendicular to the pavement surface. The transverse joints shall be at right angles to the edge of the pavement. Care must be taken to avoid over-finishing at joints.

(iv) Concrete shall be placed between the side forms in successive batches for the entire width of the construction lane to such elevations above grade that when consolidated and finished, the surface of the pavement shall be at the specified final grade elevations. It shall then be thoroughly consolidated with the vibrating screed to the crown, cross section and finished surface elevation indicated on the plans.

(v) At the option of the Director of Public Works, the City may sample and test for the cement content of the plastic concrete according to the Willis-Hime method. If two (2) successive samples from loads show a cement content of less than ninety percent (90%) of that required in these specifications, the contractor must secure concrete from another supplier or if the contractor is mixing the concrete on the site, proper correction as approved by the engineer must be made to the mix proportions to meet requirements of these specifications or construction will be stopped.

(vi) Transverse and dowelled construction joints (as indicated on the typical sections) shall be installed at the close of each day's work or when interruptions of more than thirty (30) minutes occur. It shall be located at least five (5) feet from any other transverse joint. It shall be formed from a clean wood plank, cut identical with the cross section of the pavement with holes drilled for dowel bars. The plank shall be accurately set and held securely in place at right angles to the edge of the pavement. When operations are resumed, the plank shall be carefully removed and all surplus concrete or materials on the subgrade removed and fresh concrete deposited directly against the old.

(vii) The pavement surface shall be floated and straight-edged to a true surface as called for on the plans. Finishing operations shall be such as to require a minimum of manipulation from initial placing to finished surface. The final pavement surface finish may be accomplished by belting, brooming or burlap drag depending upon the wishes of the engineer.

(viii) Integral lib curb shall be cast monolithic with the pavement. It shall be formed with a steel finishing tool known as a "mule" fabricated to the exact cross section and dimensions set forth in the curb detail in the typical section. Care must be exercised to insure a well-defined outer section to accomplish complete drainage to the nearest inlet structure in accordance with the plans. Incomplete gutter drainage will be subject to correction at the discretion of the engineer. Grades less than one and one-half percent (1½%) shall be straight-edged with a ten (10) foot longitudinal straight edge and a small level mounted on top and at the center.

(ix) All joints shall be edged with a tool having an approximate radius of one-eighth (1/8) inch, except in instances when the premolded type contraction joint is used. (See typical section this detail.)

(x) Final surface test. The contractor will be held responsible for the correct alignment, grade and contour specified. Any spots higher than one-fourth (¼) inch in ten (10) feet for concrete pavements shall be ground to the required surface by the contractor at his/her own expense.

(i) Curing.

(i) As soon as practicable after pavement is finished and without marring the surface, the concrete shall be cured by a standard recognized method with materials approved by the Director of Public Works; e.g., membrane spray, wet burlap, wet straw or watertight plastic cover.

(ii) After the concrete has been finally finished and the water sheen has left the surface, the entire area of the pavement surface shall be sealed by hand spraying or machine spraying there on a uniform application of the white pigmented membrane curing solution. The solution shall be applied in one (1) or two (2) separate applications as may be recommended by the manufacturer and as directed by the engineer. If the solution is applied in two (2) increments, the second (2nd) application shall follow the first (1st) application within thirty (30) minutes.

(iii) The contractor shall provide satisfactory equipment and means to properly control and assure the direct application of the curing solution on the pavement surface as to result in a uniform coverage on the pavement at the rate of one (1) gallon for each two hundred (200) square feet of area.

(iv) White pigmented membrane curing compound shall conform to the requirements of ASTM C-309-58 Type 2 all-resin base or the latest revision thereof.

(v) The curing solution shall be delivered to the job only in the manufacturer's name, trade name of the material, and lot number with which test samples may be correlated.

(vi) If rain falls on the newly coated pavement before the film has dried sufficiently to resist damage, or if the film is damaged in any other way, the contractor will be required to apply a new coat of material to the affected portions equal in curing value to that above specified. All areas cut by finishing tools subsequent to the application of the curing solution shall immediately be given new applications at the rate of specified above.

(vii) When joints are formed by sawing, the same method of curing as applied to the pavement shall be reapplied to the freshly cut joints as soon as practicable after the sawing operation.

(viii) The contractor shall provide on the job sufficient burlap for the protection of the pavement in case of rain or breakdown of the spray equipment. In the event that hair-checking develops before the membrane can be applied, wet burlap shall be used to cover the surface of the pavement for not less than twenty-four (24) hours before the membrane application.

(ix) Curing of the pavement shall be continued for not less than seven (7) days after placement of the concrete.

(x) When forms are removed sooner than the seven (7) day curing period, and when new concrete is not to be placed against the exposed end, surfaces shall be treated with curing membrane.

(j) Cold weather concreting.

(i) Except by specific written authorization by the Director of Public Works, concrete placing shall cease when the descending air temperature in the shade falls below forty degrees Fahrenheit (40°F). When concreting is permitted during cold weather, the temperature of the mixed concrete shall be not less than fifty degrees Fahrenheit (50°F) nor more than one hundred degrees Fahrenheit (100°F) at the time of placing in the forms. The aggregates may be heated by steam or dry heat prior to being placed in the mixer. The water shall not be hotter than one hundred seventy degrees Fahrenheit (170°F). When concrete is being placed during cold weather and the air temperature may be expected to drop below thirty-four degrees Fahrenheit (34°F), a supply of straw or other suitable blanketing material shall be provided along the line of the work. Care must be exercised to prevent the wind from removing same. At any other time when the air temperature may be expected to reach the freezing point during the day or night, the material so provided shall be spread over the concrete to a sufficient depth to prevent freezing of the concrete. Such protection shall be maintained for at least five (5) days. If required by the Director of Public Works, concrete less than twenty-four (24) hours old shall also be covered by approved devices capable of maintaining the temperature within the concrete at fifty degrees Fahrenheit (50°F) or higher. Concrete injured by frost action shall be removed and replaced at the contractor's expense.

(k) Opening to traffic.

(i) The pavement shall not be opened to traffic or contractor's equipment until so ordered by the Director of Public Works. The contractor shall maintain adequate barricades and protection to the pavement to prevent traffic from using the pavement until opened by the Director of Public Works.

(ii) Sealing joints. Joint filler shall be RC-3 hot-poured asphalt or its equal. The top of expansion joints and all edged joints shall be sealed with the specified filler before traffic is permitted on the pavement. The joint shall be surfaced dried and thoroughly cleaned of all foreign matter before the sealing material is poured. The filler shall be poured into the joint opening to conform to the details shown on the plans or as directed by the Director of Public Works. The pouring shall be done in such a manner that the material will not be spilled on the exposed surfaces of the concrete. Any excess filler on the surface of the concrete pavement shall be removed immediately and the pavement surface cleaned. When required to prevent tackiness or pickup under traffic, the exposed surface of the filler shall be dusted with hydrated lime or sawdust. Sand will not be permitted. Other methods of preventing pickup under traffic may be used when approved by the Director of Public Works. Poured filler shall not be placed when the air temperature in the shade is less than fifty degrees Fahrenheit (50°F).

(l) Thickness deficiencies.

(i) General. It is the intent of these specifications that the pavement shall be constructed strictly in accordance with the thickness shown on the plans. The thickness of the pavement shall be measured, and where any pavement is found not so constructed, such pavement may be compensated for by reimbursing the City of Florissant at a unit price per square yard or such pavement may be removed and replaced with satisfactory pavement.

(ii) Measurements. The thickness of the pavements will be determined by the thickness of cores taken from the pavement of such locations as the Director of Public Works may select. Three (3) or more cores per lane will be taken in each one thousand (1,000) linear feet of pavement and measured in accordance with ASTM C174-49. The same rates of core locations will be selected over the entire length of projects, where the total lengths [length] of the pavement is less than one thousand (1,000) feet. Whenever any cores indicate that the pavement is deficient in specified thickness, the contractor will be notified. If any test core is found which is deficient in thickness, additional cores shall be taken on each side of the place from which the core is drilled, on a line parallel to the centerline of the pavement until cores are found, on each side of the first (1st) test core, which are not deficient. The intervals are to be selected by the contractor and the Director of Public Works. All pavement midway between the last test cores taken and the longitudinal joint and the curb or between longitudinal joints will be considered as being deficient, removed and replaced or compensated for as provided below. If the contractors elect to drill additional cores, it will be accomplished in the presence of an inspector, and the contractors shall pay the additional cost of drilling.

(iii) Drilling of cores and all work necessary and incidental thereto will be considered inspection and will be charged against the inspection fee deposited by the subdivision developers, other than additional cores desired by the contractors as stated above.

(iv) Compensation for thickness deficiencies when core measurements [measurement] of thickness is found which is less than the thickness shown on the plans, the reimbursements for deficiencies as shown on the schedule below shall apply and will be paid to the City of Florissant.

	1)	0.00 inch up to and 0.30 inch	None
	2)	Over 0.30 inch up to and 0.50 inch	20% of estimated cost*
	3)	Over 0.50 inch up to and 1.00 inch	40% of estimated cost* Remove and replace or
	4)	Over 1.00 inch	100% of estimated cost*

*

The estimated cost shall be computed at the rate per square yard of pavement used in determining the amount of the developer's escrow deposit. The choice of alternate penalty under category (4) above will be at the sole discretion of the City of Florissant. The amount of reimbursement shall be deposited with the City of Florissant. Upon application and approval by the Building Commissioner, a bituminous macadam or asphalt street may be used when a subdivision fronts an existing street with the same construction.

(7) Major streets or collector streets may be improved with a twenty-four (24) foot pavement and a six (6) foot all-weather disaster shoulder on both sides when there are no lots having direct access to such streets.

(8) All lots less than three (3) acres in area to be created by subdivision shall be served by the City of Florissant water system. When the area cannot be immediately served by the City of Florissant water system, then the Council shall permit service by another public utility.

(9) When the subdivision is to be served by the City of Florissant water system, the subdivider shall comply with the ordinances relative to payment for the installation of water mains and fire hydrants in the subdivided area. Such installation of the water mains and fire hydrants aforesaid shall be done by the City of Florissant. The water mains and hydrants, when installed, shall become at once the property of the City of Florissant, and said City shall have exclusive control and use thereof, subject to the right of the residents of the subdivided area to be connected therewith, and subject to the ordinances governing the extension of water mains.

(10) When the subdivision is to be served by another public utility, the subdivider shall show the Council prior to approval of the final plat that mains and hydrants have been installed or security provided in lieu thereof to the satisfaction of the public utility, and that hydrants have been located as required by the standards of the Missouri Inspection Bureau.

(11) The subdivider shall install sanitary sewers and provide a connection for each lot. Such installations shall be in accordance with the standards and specifications of and before the improvement is started the plan therefor shall be approved by the Metropolitan St. Louis Sewer District and the Commission. If no existing outlet sewers are within reasonable distance, the subdivider shall make such provisions for the treatment or disposal of the sewerage as will satisfy the Metropolitan St. Louis Sewer District, City, State and County health officials and before the plat shall be approved, the subdivider shall present to the Commission an order from the Metropolitan St. Louis Sewer District, City and State or County health officials showing that the treatment or disposal facilities will properly care for and protect the health, safety and welfare of the existing and probable future population within the subdivision and surrounding area. In no event, however, shall the subdivider be required to install treatment facilities larger than are necessary to serve the land to be subdivided. A proposed subdivision in an area to be annexed may be connected to existing sewers and payment for maintenance or connecting charges and recovery of excess cost shall be as provided for in Ordinances 391 and 605. Should the subdivider contemplate the recovery of excess costs due to the installation of certain sewer facilities as provided for in Ordinances 391 and 605[2] of the City of Florissant, said subdivider shall apply for the recovery of said excess costs in writing to the Metropolitan St. Louis Sewer District and to the City of Florissant. Said application shall contain complete information as to the type, location, materials to be used, size, length, and any other factor pertaining to the facilities to be installed, together with the estimated cost thereof. Said estimated cost shall contain a breakdown as to materials, labor, services and any other item considered part thereof. The approval of said application by both the sewer district and the City Council shall be required prior to the commencement of the construction of such facilities. If said approval is not obtained, no future claim for excess sewer costs under the aforementioned ordinances will be considered by the City of Florissant.

[2] Editor's Note--Ordinances 391 and 605 have not been set out in this volume but were saved from repeal and may be found on file in the office of the City Clerk.

(12) When the subdivision is located within the boundaries of Metropolitan St. Louis Sewer District, storm sewers and stormwater drainage improvements shall be installed in accordance with the requirements of the Metropolitan St. Louis Sewer District.

(13) Provision shall be made for the installation of street lights within the subdivision. Said street lights shall conform to the type of street lights currently being installed in the City. The location and number of lights required for each street shall be determined by the Director of Public Works after receiving a recommendation from AmerenUE. The subdivider shall pay the first (1st) year's rental on street lights installed within the subdivision.

(14) Street name signs shall conform to the type and color used by the City at the time of installation.

(15) Concrete sidewalks having a minimum width of four (4) feet shall generally be required on both sides of all streets, except where other facilities (besides street rights-of-way) for pedestrian access and circulation are accepted by the Commission or along streets where the Commission finds no present or future demand for pedestrian circulation. The sidewalks shall be installed in the street right-of-way one (1) foot from the front property line.

(16) All electric, telephone and telegraph distribution lines installed in new residential subdivisions platted hereafter shall be installed underground, excepting, however, the overhead distribution feeder lines into the said subdivision, overhead through facilities, cable closures, pad-mounted transformers and service pedestals shall be allowed. All new residential subdivisions platted hereafter shall have easements dedicated to the utility companies adequate for the installation and maintenance of utility facilities and the developer shall certify on said plat that the utility companies agree to such installation and maintenance. No residential subdivision plat filed thereafter shall be approved unless it contains such easements and certification.

d. The petitioner shall be responsible for maintaining all improvements listed above, as well as all common ground and unsold and/or unoccupied lots, until such improvements are accepted by the City Council for maintenance. In particular, the petitioner's maintenance responsibility shall include, but not be limited to, the following:

(1) Removing accumulations of trash and debris, especially construction debris, at least weekly.

(2) Keeping grass and weeds cut such that no grass or weeds exceed ten (10) inches in height.

(3) Keeping construction equipment and materials from blocking constructed streets, such that there is at least one (1) lane for emergency vehicles at all times.

(4) After occupancy of the first (1st) building, the petitioner shall keep all streets between the subdivision entrance and any occupied buildings free of construction materials or equipment, mud, gravel, snow or ice at all times so as to provide safe and proper access to the occupied buildings for the residents, service and delivery personnel and emergency vehicles.

(5) Providing temporary drainage and siltation controls sufficient to prevent differential stormwater runoff and/or mud, silt or other eroded material from entering onto property adjacent to the subdivision.

Should the petitioner fail to correct conditions (1), (2) or (5) within five (5) days or conditions (3) or (4) within twenty-four (24) hours of receiving written notice from the City of the existence of a violation, the Director of Public Works is hereby authorized and empowered to have the violations corrected by either City forces or contract and to have the cost thereof charged as a special tax bill against all unsold lots in the subdivision in a manner similar to that set out in Sections 213.100 and 213.110 of this Code. In addition, the petitioner shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 100.080 of this Code.

9. Inspection. Inspections shall be made by the City during construction. In order to defray costs of inspections, the contractor shall be charged at the current hourly rate of the City Engineer. Before construction is started, there shall be deposited with the public works administrator the estimated cost of such inspection. When the improvement has been completed, any deficiency shall be paid over by the contractor or if any excess remains, it shall be refunded to the contractor.

10. Subdivision permit. In order to defray the cost of processing the subdivision application and reviewing plans, the subdivider shall pay to the City of Florissant as follows:

Two (2) to ten (10) parcels, tracts or lots, two hundred dollars ($200.00).

Ten (10) or more parcels, tracts or lots, two hundred dollars ($200.00) plus ten dollars ($10.00) a lot.

The money for the subdivision permit shall be paid to the City at the time the final plat is presented for approval.

11. Street names and addresses. All street names shall be approved by the Commission, and names shall not be used which will duplicate or be confused with names of existing streets, but extensions of existing streets shall continue the names of such streets.

[1] Editor's Note — Ordinances 391 and 605 have not been set out in this volume but were saved from repeal and may be found on file in the office of the City Clerk.

Section 410.060 Variations and Exceptions.

[Ord. No. 1095 §VI, 6-13-1960]

Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the Commission and City Council may vary or modify them in such a way that the subdivider be allowed to plan and develop his/her property and record a plat of same; provided however, that the public health, safety and welfare of the municipality be fully protected and the general intent and spirit of the regulations be preserved.

Section 410.070 Enforcement.

[Ord. No. 1095 §VII, 6-13-1960]

No plat of any subdivision shall be entitled to be recorded in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein.

Section 410.080 Changes and Amendments.

[Ord. No. 1095 §VIII, 6-13-1960]

Any regulations or provisions of this Chapter may be changed and amended from time to time by the City Council; provided however, that such changes or amendments shall not become effective until after study and report by the City Planning and Zoning Commission and until a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation of the City of Florissant at least fifteen (15) days prior to such hearing.

Section 410.090 Appeals.

[Ord. No. 1095 §IX, 6-13-1960]

An appeal from the decision of any officer, department or the Commission may be taken at any time to the Council for review and decision. The person or persons aggrieved shall present a written petition to the Council together with a copy to be served on the officer, department or the Commission whose decision is being appealed from. The officer, department or the Commission shall transmit to the Council all papers, documents, etc., constituting the record of the action appealed from. The Council shall render a decision from within a time not longer than the second (2nd) meeting of the Council after the date the appeal has been filed.

Section 410.100 Validity.

[Ord. No. 1095 §X, 6-13-1960]

If any Section, Subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Chapter.

Section 410.110 Conflicting Ordinances Repealed.

[Ord. No. 1095 §XI, 6-13-1960]

Any ordinances or parts of ordinances in conflict herewith are hereby repealed.