[R.O. 2009 §25-17; Ord. No. 2928 §25-17, 12-22-1999]
A.
General Requirements.
1.
Master plan.
a.
Streets shall conform substantially to the comprehensive development
plan adopted by the Planning and Zoning Commission and revisions or
amendments thereto. Whenever a tract to be subdivided includes any
part of a street indicated as a major or secondary street on the comprehensive
development plan, such part of such street shall be dedicated by the
subdivider, except as provided below. This required dedication shall
also apply to the widening of existing bordering streets except in
cases where the proposed subdivision is limited to a tier of lots
fronting on such bordering street and where the subdivider owns or
controls no adjoining land beyond the rear line of such tier of lots.
b.
In no case shall the required dedication exceed fifty (50) feet in
width as measured from the centerline of the bordering street. If
a major or secondary street within a proposed subdivision has a recommended
width in excess of one hundred (100) feet, the Planning and Zoning
Commission will recommend to the City Council that such additional
width be acquired by the City by purchase or by appropriation proceedings.
If within a maximum of ninety (90) days thereafter the City Council
has not indicated its intention of proceeding with such acquisition,
either by passage of a resolution agreeing to purchase such property
at a price agreed to by the subdivider and the Council or by the passage
of a resolution declaring its intent to appropriate such property
to public use, then the recommendation by the Planning and Zoning
Commission for a width in excess of one hundred (100) feet will not
be used as grounds for disapproval of either the preliminary plat
or the final plat.
c.
If the City Council advises the Planning and Zoning Commission prior
to the maximum time limits set out above that it has no intentions
of proceeding with the desired acquisition, then the Planning and
Zoning Commission will consider a design for the subdivision which
does not deny the immediate lawful use of the property within such
proposed right-of-way but recognizes a possible future acquisition
of such right-of-way and provides accordingly for a minimum degree
of resultant disruption to the remaining street and lots of the subdivision.
2.
Physical features. Streets shall be platted with
appropriate regard for topography, creeks, wooded areas and other
natural features which would enhance attractive development.
3.
Existing streets. Existing streets (constructed
or recorded) in adjoining territory shall be continued at equal or
greater width and in similar alignment in the proposed subdivision,
unless variations are recommended by the Planning and Zoning Commission.
4.
Circulation. The street pattern shall provide ease
of circulation within the subdivision as well as convenient access
to adjoining streets, thoroughfares or unsubdivided land, as may be
required by the Planning and Zoning Commission. Minor residential
streets should also be so planned as to discourage their use by non-local
traffic. Where a street will eventually be extended beyond the plat
but is temporarily dead-ended, an interim turnaround may be required.
5.
Unsubdivided portion or tract. If the plat to be
submitted includes only part of the tract owned by the subdivider,
the Planning and Zoning Commission may require a sketch of a tentative
future street system for the unsubdivided portion.
6.
Street intersections. Streets shall intersect as
nearly at right angles as possible.
7.
Cul-de-sac. Cul-de-sac shall not be longer than
eight hundred (800) feet, unless necessitated by topography or other
circumstances beyond the subdivider's control.
8.
Alleys. Except where justified by special conditions,
alleys will not be approved in residential districts. At an intersection
of alleys, a five (5) foot chord shall cut off each corner. Dead-end
alleys are prohibited.
9.
Half-streets. The street layout shall be planned
to avoid half-streets, if possible. Where there exists a dedicated
or platted half-street adjacent to the tract to be subdivided, the
other half shall be platted if deemed necessary by the Planning and
Zoning Commission.
10.
Utility easements. Where utilities are located outside
of street right-of-way lines, fifteen (15) foot easements shall be
provided. Except that interior lots shall be five (5) feet either
side of lot lines or a minimum of ten (10) feet.
B.
Dimensional Standards.
1.
Minimum right-of-way widths.
a.
Major and secondary streets as indicated by the comprehensive development
plan.
b.
Minor streets. Forty (40) feet. All cul-de-sacs
shall terminate in a circular area with a minimum diameter of ninety
(90) feet, one hundred (100) feet right-of-way, unless the commission
approves a "T" or "Y" type of turning facility.
c.
Alleys. Twenty (20) feet.
d.
Crosswalkways. Ten (10) feet.
e.
Easements. Four (4) feet on each side of the designated
centerline or such width as may be required for necessary maintenance
of utility involved.
2.
All streets. Thirty (30) feet back to back of curbs.
a.
In the case of a major or secondary street, the matter of additional
pavements width shall be discussed with the public officials having
jurisdiction to determine whether or not public expenditures, if any,
for such additional width shall be made simultaneously with the developer's
improvement.
b.
Cul-de-sac streets shall terminate in a paved turnaround with a minimum
outside radius of forty-five (45) feet.
c.
If a "T" or "Y" shaped arrangement is approved by the Commission
in lieu of a turnaround, such paved space shall extend the entire
width of the street right-of-way and shall be at least twelve and
one-half (12½) feet wide, with the flared portions rounded
by at least twelve and one-half (12½) foot radii.
d.
Alleys. Twenty (20) feet.
e.
Sidewalks. At least four (4) feet wide and normally
one (1) foot from the property line, crosswalks the same width, in
the center of the crosswalkways.
4.
Alignment — minimum standards.
a.
Vertical, for major and secondary streets, profile grades shall be
connected by vertical curves of a minimum length (measured horizontally)
equivalent to twenty (20) times the algebraic difference between the
rates of grade, expressed in feet per hundred, for minor street and
alleys, one-half (½) that minimum. These minimums should be
exceeded if at all possible.
c.
There shall be a tangent between reverse curves of at least one hundred
(100) feet, wherever possible. In any case, the horizontal and vertical
alignment shall be such as to produce visibility to the satisfaction
of the City Engineer.
5.
Intersections.
a.
At the intersection of two (2) streets, property line corners shall
be rounded by an arc of twenty-five (25) feet radius.
b.
Street curbs or edges of street pavements shall be rounded by radii
of at least thirty (30) feet.
c.
The minimum radii, noted above, shall be increased when the smallest
angle of intersection is less than seventy-five degrees (75°)
or in any case where the Planning and Zoning Commission considers
an increase necessary.
6.
Blocks.
a.
Length. Normal maximum length for blocks, eighteen
hundred (1,800) feet.
b.
Width. The width of a block shall normally be sufficient
to allow two (2) tiers of lots of appropriate depth.
c.
Irregular shape. Irregular shaped blocks indented
by cul-de-sac, containing interior parks or playgrounds and adequate
parking space, will be accepted when properly designed and covered
by agreements as to maintenance of such park areas.
d.
Orientation of a major or secondary street. If frontage
on a major or secondary street is involved, the long dimension of
the block shall preferably front thereon, in order to create as few
street intersections as possible.
e.
Business or industrial. Blocks intended for business
or industry shall be of such length as may be considered most suitable
for their prospective use, including adequate provisions for parking
and deliveries.
7.
Lots.
a.
Size, shape and orientation of lots shall be appropriate to the location
of the proposed subdivision and for the types of development contemplated.
b.
Length and width ratio. Excessive depth in relation
to width shall be avoided.
c.
Frontage on streets. Lots fronting on major or secondary
streets should have extra depth and deep setbacks, if topography permits.
d.
Double frontage lots shall be avoided as far as possible.
e.
Side lot lines shall be approximately at right angles or radial to
the street line unless, in the opinion of the Planning and Zoning
Commission, a variation from this rule will give a better street and
lot plan.
f.
Corner lots shall have an extra width sufficient to allow for the
required front yard building setback lines on both streets.
g.
On streets with a horizontal curvature radius of less than two hundred
(200) feet, the front lot width shall be the chord distance measured
at the building line.
h.
Except as otherwise provided in this Chapter, lot area and setbacks
shall conform to the provisions of the zoning Chapter applicable to
the property.
8.
Public open space and sites. Where, as indicated
by the comprehensive development plan, a proposed subdivision contains,
wholly or in part, a proposed public open space or a proposed site
for a public building, the Planning and Zoning Commission will immediately
notify the public authority concerned (City Council, Recreation Department,
Board of Education, etc.) if within thirty (30) days thereafter the
Planning and Zoning Commission is not advised that such property has
been acquired by negotiation and agreement or within a second (2nd)
period of thirty (30) days after such notification that such authority
has commenced the necessary procedure to acquire such property by
appropriation, then the City Council will not require that such open
space or site be reserved or included in the subdivision plan.
[R.O. 2009 §25-18; Ord. No. 2928 §25-18, 12-22-1999; Ord. No. 3282 §I, 5-28-2003; Ord. No. 3605 §I(25-18), 12-14-2005; Ord. No. 3617 §I(25-18), 2-8-2006; Ord. No. 3618 §I(25-18), 2-8-2006; Ord. No. 3652 §II —
III(25-18), 8-23-2006; Ord. No. 3763 §I(25-18), 12-12-2007]
A.
Utility
and street improvements shall be provided by the subdivider in each
new subdivision in accordance with the standards and requirements
required by the Americans with Disabilities Act and as described in
the following:
1.
Streets. See design characteristics of street pavements
in this Section.
b.
The streets shall be graded, surfaced and improved to the dimensions
required by the cross sections and the work shall be performed in
the manner prescribed in the current edition of Missouri Department
of Transportation standard specifications. Cul-de-sac should be paved
to within (5) feet of the right-of-way. Grading for street improvements
shall not create soil slopes exceeding a vertical rise of one (1)
foot for each three (3) feet of horizontal distance unless retaining
walls are to be provided.
c.
The street surface should be of Portland cement concrete or a flexible
pavement and shall be constructed in accordance with design characteristics
at least equal to those given below and specification approved by
the City Engineer.
d.
Prior to the construction of streets, adequate surface and subsurface
(if required) drainage facilities shall be installed by the subdivider.
Pipe used for drainage purposes shall be polymer coated corrugated
metal, reinforced concrete, polyethylene pipe (ADS-N 12 or Hancore
Hi Q or similar) of an approved design, size and strength to meet
the requirements of the specified conditions which may be encountered.
All pipe shall have reinforced concrete flared end sections. Minimum
standards of pipe to be used shall be as specified by the State Highway
Commission standard specifications. Bedding of pipe shall be per manufacturer's
specifications.
e.
All construction shall be completed in accordance with the specific
conditions in the agreement for improvements and the accepted plans
and specifications and in a manner acceptable to the authorities having
jurisdiction. When changes from the accepted plans and specification
become necessary during construction, written approval from the City
Engineer shall be secured prior to the execution of such changes.
f.
Streets within the maintenance jurisdiction of the City will be measured
for thickness by coring the pavement. Where any pavement is found
deficient in thickness, the developer shall compensate the City at
a unit price per square yard determined by the City or remove and
replace said pavement with satisfactory pavement.
g.
The thickness of the pavements will be determined by core samples
taken from the pavement at such locations as the Building Official
may select. Three (3) or more cores will be taken in each one thousand
(1,000) linear feet of pavement and measured in accordance with ASTM-C174-49.
For pavements less than one thousand (1,000) linear feet, a minimum
of three (3) core samples will be taken, unless directed otherwise
by the Building Official. Whenever any cores indicate that the pavement
is deficient in specified thickness, additional cores shall be taken
on each side of the place from which the core was 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.
Intervals for additional cores will be determined by the Building
Official.
h.
Drilling of cores and all work necessary and incidental thereto will
be the financial responsibility of the developer.
i.
Basis of payment.
(1)
Core thickness. If any core thickness measurement
is deficient from design thickness, the City will have the option
of either having the contractor remove and replace the pavement at
his/her expense or allow the contractor to leave the pavement in place
and receive the following deductions in payment if money is escrowed
or pay to the City said amounts if money is not escrowed.
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Concrete (Rigid Pavements)
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|---|---|---|
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Deficiency in Thickness
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Deductions
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0.00 inches to 0.25 inches
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None
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Over 0.25 inches to 0.40 inches
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20% of estimated cost*
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Over 0.40 inches to 0.60 inches
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50% of estimated cost*
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Over 0.60 inches to 0.80 inches
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75% of estimated cost*
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More than 0.80 inches
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100% or remove and replace
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*The estimated cost shall be computed at the cost per yard of
concrete times two (2). It will always be computed at the full depth
of concrete (i.e., six (6) inch depth required — cored at five
and one-half (5½) inches depth). The amount of payment would
be fifty percent (50%) of the cost of concrete times two (2) for the
entire six (6) inch depth, not fifty percent (50%) of the cost of
concrete times two (2) figured at one-half (½) inch depth.
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The above deductions will be applied to a section of pavement
up to twenty (20) feet (six (6) milliliters) long and extending from
the edge of the pavement to a longitudinal joint or between longitudinal
joints in that section of pavement in which the deficient measurement
was found.
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(2)
Deficiencies in compressive strength. The compressive
strength of concrete pavement will be determined through testing of
cylinders and/or cores at frequencies determined by the City. The
core or set of cylinders will represent the compressive strength for
a distance extending one-half (½) the distance to the next
core (or set of cylinders), measured along centerline or in the case
of beginning or ending core (or set of cylinders), the distance will
extend to the end of the pavement section. If any compressive strength
measurement is deficient from the design compressive strength, the
City will have the option of having the contractor remove and replace
the pavement at his/her expense or allow the contractor to leave the
pavement in place and receive the following deductions in payment.
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Compressive Strength (28 days)
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Deductions
| |
|---|---|---|
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4,200 psi or more
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None
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4,050 to 4,199 psi
|
20% of estimated cost*
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3,750 to 4,049 psi
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40% of estimated cost*
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Less than 3,750 psi
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100% or remove and replace
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*Any pavement for which the sum of deductions for thickness
and compressive strength exceeds one hundred percent (100%) of the
bid price or escrow amount shall be removed and replaced.
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(3)
Marred surfaces. For marred surface areas or
slightly damaged concrete that remain in the completed pavement, a
minimum deduction of twenty percent (20%) will be made for the areas
affected. The deduction will be applied to a section of pavement extending
from the edge of the pavement to a longitudinal joint of between longitudinal
joints in that section of pavement affected. If the length of the
section affected is less than ten (10) feet (three (3) milliliters),
the deduction will be computed for ten (10) feet (three (3) milliliters).
A "marred surface" is any surface that has
not been properly finished as required by these specifications. Marred
surfaces include pavement that has been rained on; pavement that has
not reached its initial set and has had water flow on its surface
washing away cement; pavement that has had plastic placed on it wherein
the plastic has actually caused indentations and random patterns;
pavement that has been walked on by humans or animals or driven on
by any type of vehicle; or pavement that has had curing compound sprayed
on it before the initial set, resulting in pitting marks.
j.
Full depth bituminous concrete construction and bituminous
overlays. At the City's option, penalties for inadequate
compaction of pavement will be assessed as follows.
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Design Characteristics of Street Pavements*
Type 1 Portland Cement Only
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|---|---|---|---|---|
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Major and Secondary Streets
(inches)
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Minor Streets and Alleys
(inches)
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Concrete**
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Uniform design thickness (non-reinforced)
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7
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6
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Compacted aggregate base or equivalent
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0
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0
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Asphaltic and bituminous**
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Asphaltic surfacing
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3C
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3C
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Bituminous coated aggregate
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3X
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3X
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Sub-base, compacted screened gravel
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8
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6
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Equivalent full-depth asphaltic concrete pavement may be considered,
provided the subdivision developer submits the design, thickness,
mix designs, construction methods and specifications to the City for
approval.
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*
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For major streets to be used or designated as State highway
routes, thickness and designs will meet minimum requirements of the
Missouri Department of Transportation.
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**
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Integral curb and gutter will be permitted when concrete streets
are constructed. When concrete curb and gutter are required on asphaltic
or bituminous streets, it will be cast separately and will meet minimum
requirements for roll-over curb and gutter as set forth in the current
edition of the St. Louis County Standard Specifications for Highway
Construction and the Design Criteria for the preparation of Improvement
Plans unless otherwise noted.
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Type C, Type X Bituminous
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|---|---|---|
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Compaction Results
(Percent of Maximum)
Specific Gravity, Gmm
|
Deduction in Unit Price Per Ton
| |
|
97.1% or above
|
100% reduction or remove and replace
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96.1 to 97.0%
|
25% reduction
| |
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91.5 to 96.0%
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No reduction
| |
|
90.6 to 91.4%
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5% reduction
| |
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89.5 to 90.5%
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25% reduction
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89.4 and below
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100% reduction or remove and replace
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Penalties will be assessed at five hundred (500) feet (one hundred
fifty (150) milliliter) intervals.
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k.
Compensation for thickness deficiencies (New real estate
subdivision bituminous pavement). Cores shall be cut to determine
pavement thickness. If any core measurement is less than the thickness
indicated on the plans, the contractor will have the option of removing
and replacing the pavement at his/her expense or will be required
to reimburse the City for the deficiencies in thickness noted on the
schedule. The choice of alternate penalty under category (4) below
will be at the sole discretion of the City. The reimbursement amount
shall be deposited with the City of Festus.
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Deficiency in Thickness
|
Deductions in Percent of Escrow Amount
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|---|---|---|---|
|
1.
|
0.00 to 0.30 inches (0 — 8 mm)
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None
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|
2.
|
Over 0.30 to 0.50 inches (over 8 — 13 mm)
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20% reduction
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3.
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Over 0.50 to 1.00 inches (over 13 — 25 mm)
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40% reduction
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4.
|
Over 1.00 inch (over 25 mm)
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100% remove or replace
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Estimated cost shall be computed at the rate per ton of asphalt
times two (2) and to full required depth just as for concrete (rigid
pavements). Penalties will be assessed at one hundred (100) feet (thirty
(30) milliliters) intervals. The deficiencies and penalties listed
herein shall only apply to bituminous pavements mixtures placed within
City of Festus right-of-way.
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l.
Adequate provision for the maintenance of all street improvements
shall be made by dedication to and acceptance for maintenance by the
local authorities having jurisdiction.
2.
Curb and gutter.
a.
Curbs and gutters shall be constructed in conjunction with street
pavements on all streets and should be of air-entrained Portland cement
concrete at least twenty-four (24) inches wide and not less than six
(6) inches thick where the curb abuts the street pavement.
b.
Curb construction for concrete pavements may be integral and roll-type
curbs may be permitted where expected storm water may be adequately
handled by this type of curbing.
c.
Vertical curbing may be required at the option of the Planning and
Zoning Commission for streets which are essentially business in nature
and constant parking is expected.
3.
Sidewalks.
a.
Sidewalks on each side of a street shall be provided within a subdivision
when the average is three (3) lots or more per gross acre. Gross acreage
shall be figured on the entire subdivision plat minus common ground
and roadways. Sidewalks shall be of Portland cement concrete with
a minimum thickness of four (4) inches on a four (4) inch gravel or
crushed stone base and a minimum width of four (4) feet and the edge
of walks adjacent to the property line of the street should be placed
at least one (1) foot distant from the property line.
b.
Crosswalks within the blocks shall be improved with a four (4) foot
wide walk of either Portland cement concrete four (4) inches thick
or asphaltic concrete two (2) inches thick on four (4) inches compacted
aggregate base. Extend base beyond sidewalk on either side to distance
equal to the depth of base.
4.
Sewage disposal. The developer shall install or
cause to be installed a system for the disposal of sanitary sewage
in the subdivision by one (1) of the following means:
a.
Public system. A complete sanitary sewer system
which shall convey the sewage into an established municipal or other
public agency sanitary sewage disposal and treatment system at a point
and in a manner approved in writing by the municipal or other public
agency involved. The plans for the complete installation of the sewage
system showing all locations, material, size, profiles and any connections
thereto shall be prepared by a registered professional engineer licensed
to practice in the State at the expense of the subdivider or developer
and shall be approved by and meet the requirements of the affected
municipal or other public agency and the Missouri Department of Natural
Resources.
b.
Private or quasi-public system. A complete sanitary
sewage system to convey the sewage to a treatment plant provided by
the developers or others in accordance with the requirements of the
Missouri Department of Natural Resources. A complete sanitary sewer
system which shall connect into the sewage disposal system of a sewage
disposal company which shall hold, at the time of plan submission,
a certificate of approved operation by the Missouri Department of
Natural Resources authorizing such sewage disposal service for the
area in which the subdivision is located. The plans for the complete
installation of the sewer system, both within the subdivision and
any off-site installations serving said subdivision, showing all locations,
size, materials, profiles, capacities shall be submitted to and be
approved by the Missouri Department of Natural Resources.
5.
Water supply. The developer shall install or cause
to be installed a water system for the subdivision by one (1) of the
following methods:
a.
Public system. A complete water main system connected
to a public or other community water supply which is approved by the
Missouri Department of Natural Resources. The plans for the complete
installation showing size, location, depth, material and all connections
thereto and have been approved by the Missouri Department of Natural
Resources or shall meet the requirements and have received the approval
of the State Division of Public Health.
b.
Private system.
(1)
A community water supply system including well pump and all
appurtenances thereto, necessary to supply a minimum residual pressure
of twenty (20) pounds per square inch. The plans showing location,
depth, size and material of mains, valves and connections thereto,
including fire hydrants, shall meet the requirements and shall have
received the approval of the State Division of Public Health.
(2)
A complete water main system which shall connect into the water
main system of a utility company which shall be authorized to operate
within the area in which the subdivision is located and which shall
be subject to the control of the Missouri Department of Natural Resources.
The plans for the complete installation of the water main system within
the subdivision showing size, location, depth, material and all connections
thereto, including fire hydrants, shall have been approved by the
Missouri Department of Natural Resources.
c.
Fire hydrants shall be provided at the intersection of all streets
and at spacing of not greater than six hundred (600) feet for residential
development and three hundred (300) feet for commercial development.
Mains shall be of sufficient size and type to provide adequate pressures
and volumes of water for fire protection of all residences and buildings.
Approval by the City Engineer of the water distribution plan shall
be required prior to installation.
7.
Public utilities.
a.
All utility lines for telephone and electric service when carried
on overhead lines shall be provided within rear and side lot line
easements. Gas mains shall be located within easements or public right-of-way
so as not to conflict with other utilities.
b.
Where telephone or electric service lines are to be placed underground
throughout the subdivision, the conduit or cables shall be located
within easements or public rights-of-way in separate trenches in a
manner which will not conflict with other underground services.
Furthermore, all transformers and terminal boxes shall be located
so as not to be unsightly or hazardous to the public.
c.
All excavations for public utilities made under paved areas shall
be properly backfilled with approved granular materials thoroughly
compacted in place.
8.
Street lighting.
a.
Provisions shall be made by the subdivider for the adequate lighting
of public streets within the subdivision in accordance with the standards
and requirements of the municipality and the electric utility.
b.
Street lights shall be provided with a maximum spacing of three hundred
(300) feet with concrete, steel or fiberglass poles connected by underground
wiring and at intersections and cul-de-sac.
9.
Street signs.
a.
Appropriate street signs of aluminum extrusions with reflectorized
lettering mounted on aluminum posts and as specified by the City shall
be installed by the subdivider at all street intersections on diagonally
opposite corners so that they will be on the far right-hand side of
the intersection for traffic. Signs indicating both streets shall
be erected at each location mounted as close to the corner as practical,
facing traffic on the cross street, with the nearest portion of each
sign not less than one (1) foot nor more than ten (10) feet back from
the curb line.
b.
Signs shall be installed at the entrance to cul-de-sac stating "street
not through".
c.
The City Council of the City of Festus hereby establishes the requirement
that all developers pay for all signs located within their subdivisions.
10.
Landscape development.
a.
All unpaved or otherwise unimproved areas within the public rights-of-way
or public use areas shall be graded and seeded in a manner approved
by the Building Official.
b.
No building permit may be issued on any lot in the City of Festus
until a land disturbance permit has been issued. The land disturbance
permit can be obtained at the Building Official's office.
The requirements are:
(1)
A site drawing;
(2)
Erosion and sediment control plan;
(3)
Fifteen dollar ($15.00) permit fee;
(4)
If at any time during construction the erosion and sediment
control plan fails or is not followed, a stop work order will be issued.
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Termination upon completion. The permit shall
be valid from the time that it is issued until the site is permanently
stabilized and erosion and sediment control measures are in effect.
The site will be considered stabilized when either perennial vegetation,
pavement, buildings or structures, using permanent materials, cover
all areas that have been disturbed and all temporary erosion and sediment
control measures have been cleaned out and removed. To terminate the
permit, the permittee shall submit a written request to the City.
The City will perform a final inspection of the site to evaluate the
completion of the measures specified in the permit.
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If the occupancy permit is issued in that time of the year when
the plan cannot be completed due to weather, the control measures
shall stay in place and maintain until such time when weather permits
plan to be completed. If they are not completed, the City nuisance
ordinance will take effect.
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11.
Monuments and markers. Refer to State of Missouri
minimum standards.
12.
Public convenience. During the progress of the work,
the subdivider shall maintain suitable barricades and warning lights
for the safety of the public, as required by law or as ordered by
the Building Official, and shall take all necessary precautions to
prevent accidents. He/she shall make suitable and adequate provisions
for the convenience and safety of the public and that of the residents
along the route of construction. He/she shall give adequate notice
in writing to all owners or occupants of property, buildings, structures
or utilities which may be affected by his/her work and which may require
protection or adjustment. He/she shall not hinder their protective
measures but shall exercise due care to protect all property. The
subdivider shall not obstruct access to fire hydrants nor to U.S.
mailboxes. He/she shall restore existing streets to permit normal
use as quickly as possible. He/she shall repair and restore without
delay to service any utility service connection damaged by his/her
operations and shall cooperate with utility companies in the restoration
of their services.
13.
Subdivider to indemnify City.
a.
The subdivider shall be required to indemnify and save harmless the
City from all suits or actions of every name and description brought
against the City for or on account of any personal injuries, including
accidental or resulting death, or property damages received or claimed
to be received or sustained by any person or persons due to the construction
of the work or by or in consequence of any hazard or of any negligence
by the subdivider, his/her agents or employees in safeguarding it
or due to any improper material used in the construction or by or
on account of any act or omission of the subdivider, his/her employees
or his/her agents. He/she shall furnish certificates showing such
coverage.
b.
The subdivider shall be required to comply fully with the requirements
of the Workers' Compensation Act of the State and shall carry adequate
public liability and property damage insurance for the joint and several
benefits of the subdivider and the City with a company licensed to
do business in the State and satisfactory to the City and in the amounts
not less than those specified below. The amounts of coverage required
for public liability or property damage shall not be construed to
limit the liability of the subdivider in protecting the City from
damage or injury claims. The City shall have the right to require
the subdivider to increase any or all of such insurance policy limits
while the work is in progress in the event that the City Engineer
determines that unusual or special risks revealed by the work so require
and in such amounts as the City Engineer may determine to be adequate.
Minimum Amounts of Coverage. Public liability,
including bodily injury, personal injury and property damage, with
a combined single limit of one million dollars ($1,000,000) per occurrence.
If the policy contains an annual aggregate limit, such limit shall
not be less than three million dollars ($3,000,000).
14.
Inspection of materials and workmanship. All materials
and workmanship of whatever description shall be subject to the inspection
and rejection by the Building Official and the entire work shall be
done to his/her satisfaction. The subdivider shall cooperate fully
with all representatives of the City for the inspection of material
to be furnished and work to be done and for the purpose of verifying
that each corresponds strictly with the requirements of this Chapter.
15.
Plans. As-built plans and profiles for all improvements
installed by the subdivider shall be furnished by him/her to the Building
Official before acceptance of the improvements by the City.
16.
Foundation spot survey. The City requires that all
buildings have a foundation spot survey completed after foundation
construction to assure that required building lines are being observed.
No further construction can continue until the survey has been reviewed
and approved by the Building Department.
[R.O. 2009 §25-19; Ord. No. 2928 §25-19, 12-22-1999]
A.
Where
the Planning and Zoning Commission finds that extraordinary hardships
may result from strict compliance with these regulations, it may vary
the regulations of the Chapter so that substantial justice may be
done and the public interest secured; provided that such variation
will not have the effect of nullifying the intent and purpose of the
comprehensive development plan or of this Chapter.
B.
In
granting variances and modifications, the Planning and Zoning Commission
shall require such additional conditions as will, in its judgment,
secure substantially the objectives of the standards or requirements
so varied or modified.
[R.O. 2009 §25-20; Ord. No. 2928 §25-20, 12-22-1999; Ord. No. 3512 §I(25-20), 2-9-2005]
Fees are as follows:
|
Minor subdivision preliminary
|
$50.00
|
|
Minor subdivision final
|
$50.00
|
|
Major subdivision preliminary/improvement plan
|
$200.00
|
|
Major subdivision final plat
|
$100.00 plus $1.00 per lot
|
|
Boundary adjustment
|
$50.00
|
[R.O. 2009 §25-21; Ord. No. 2928 §25-21, 12-22-1999; Ord. No. 3588 §I(25-21), 10-12-2005]
A.
Whenever
the Building Official finds any work being performed in violation
of the requirements of this Chapter, the Building Official is authorized
to issue a stop work order.
B.
The
stop work order shall be in writing and shall be given to the owner
of the property involved or to the owner's representative or to the
person on site conducting the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall
state the reason and conditions under which the cited work will be
permitted to resume.
C.
Any
person who shall continue any work after having been served with a
stop work order, except such work as that person is directed to perform
to remove a violation or alleviate an unsafe condition, shall be guilty
of an ordinance violation and subject to penalties as prescribed by
law.
[R.O. 2009 §28-73; Ord. No. 2928 §28-73, 12-22-1999]
A.
Testing And Acceptance. All shall be tested upon completion
of construction. Sections of sewer which fail to pass the tests shall
have defects located and repaired or replaced and then retested until
they meet specified allowance. All testing work shall be performed
by the contractor. The contractor shall provide all equipment and
materials for testing. All tests shall be performed in the presence
of the City.
B.
Allowable Testing Limits. Low-pressure air shall be introduced
into the sealed pipe line until internal air pressure reaches four
(4) pounds per square inch (psi) greater than the average back pressure
that may be over the pipe. At least two (2) minutes shall be allowed
for the air pressure to stabilize. After the stabilization period,
the air pressure shall not fall more than one-half (½) pound
over a five (5) minute period. The City must be present for all testing.
C.
Deflection Tests.
1.
Deflection tests shall be performed on all flexible pipe. The test
shall be run not less than thirty (30) days after final backfill has
been placed.
2.
No pipe shall exceed a deflection of five percent (5%).
3.
If the deflection test is to be run using a rigid ball or mandrel,
they shall have diameters equal to ninety-five percent (95%) or the
inside diameter of the pipe and the tests shall be performed without
mechanical pulling devices.
D.
Lamping. Three-fourths (¾) of the pipe circle shall
be observed both horizontally and vertically.
E.
Manhole Testing. Each manhole shall be subjected to an exfiltration
test. The test is acceptable when no water loss is observed for at
least fifteen (15) minutes.
