Editor's Note — Ord. No. 03-09 enacted February 26, 2009 adopted the following provisions set out in this Ch. 410 as well as Chs. 400, 405, 415, 420, 425 and 430 of this Title.
[CC 1995 §44.010]
The rules and regulations governing plats of subdivisions of land and lot splits contained herein shall apply within the corporate limits of the Village in accordance with the provisions of Section 89.400, RSMo.
[CC 1995 §44.020]
For the purpose of these regulations, certain words and terms used herein are defined as follows:
- A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to back or side of properties otherwise abutting a street and which may be used for public utility purposes.
- AREA, BUILDING
- The total of area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of unenclosed porches, terraces and steps.
- AREA, NET SITE
- The total area within the property lines excluding external streets.
- A parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or greenstrips, rural land or drainage channels or a combination thereof.
- BUILDING LINE OR SETBACK LINE
- A line or lines designating the area outside of which buildings may not be erected.
- COMPREHENSIVE PLAN
- The sketch plan or Village plan or Comprehensive Plan of the Village, whether in whole or in part, as adopted by the Zoning Commission, approved by the Board of Trustees and duly recorded in the office of the Village Recorder. It may consist of several maps, data and other descriptive matter for the physical development of the Village or any portion thereof, including any amendment, extension or additions thereof adopted by the Board of Trustees indicating the general locations for major streets, parks, schools or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.
- A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.
- ENGINEER, VILLAGE
- The duly designated engineer of the Village.
- All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets or other natural barriers.
- The slope of a road specified in percent and shown on road profile plan as required herein.
- Grading, sanitary and storm sewers, water mains, pavements, curbs and gutters, sidewalks, road signs, lights, trees and other appropriate improvements required to render land suitable for the use proposed.
- Land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards and lot area as are required by this resolution and having its principal frontage upon a street or a place approved by the Commission.
- LOT, CORNER
- A lot or portion thereof not greater than one hundred fifty (150) feet in width and situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135°).
- LOT DEPTH
- The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
- LOT, DOUBLE FRONTAGE
- A lot which runs through a block from street to street and which has two (2) non-intersecting sides abutting on two (2) or more streets.
- LOT LINES
- The boundaries of a lot.
- LOT WIDTH
- The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
- MAJOR STREET PLAN
- The official plan of highways, primary and secondary thoroughfares, parkways and other major streets, including collector streets, adopted by the Zoning Commission, approved by the Board of Trustees and duly recorded in the office of the Village Clerk.
- OFFICIAL MAP
- The map showing streets, highways and parks and drainage, both existing and proposed.
- OFFICIAL SUBMISSION DATE
- The date when a subdivision plan shall be considered submitted to the Planning and Zoning Commission and is hereby defined to be the date of the meeting of the Planning and Zoning Commission at which all required surveys, plans and data are submitted.
- OPEN SPACE, PUBLIC
- Land which may be dedicated or reserved for acquisition for general use by the public, including recreation areas, school sites, community or public building sites and other lands.
- A map, plan or layout of a Village, township, section or subdivision indicating the location and boundaries of individual properties.
- PLAT, FINAL
- A map of a land subdivision prepared in form suitable for filing of record with necessary affidavits, dedications and acceptances and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public area and other dimensions of land.
- PLAT, PRELIMINARY
- A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
- Any public or private right-of-way which affords the primary means of access to abutting property.
- STREET, COLLECTOR
- A street which serves or is designed to serve as a trafficway for a neighborhood or as a feeder to a major street.
- STREET, CUL-DE-SAC
- A street or a portion of a street with only one (1) vehicular traffic outlet. The closed end has a turnaround.
- STREET, LOCAL
- A street intended to serve primarily as an access to abutting properties.
- STREET, MAJOR
- A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas. Such streets are freeways, expressways and arterial.
- A person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof as defined herein, either for himself/herself or others.
- The division of a parcel of land into two (2) or more lots; or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
- YARD, FRONT
- A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
- YARD, REAR
- A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot lines.
- YARD, SIDE
- A yard between a main building and the side lot line extending from the front yard or front lot lines, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
- ZONING COMMISSION REPRESENTATIVE
- The Chairman of the Zoning Commission or the Village Clerk if designated for matters pertaining to the subdivision of land.
[CC 1995 §44.030]
Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of this regulation shall be guilty of a misdemeanor.
[CC 1995 §44.040]
Any owner or any proprietor of any tract of land situated within the corporate limits of the Village who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Village Clerk.
[CC 1995 §44.050]
No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Commission and Board of Trustees in accordance with the regulations set forth in this Chapter and so certified by the Village Clerk.
[CC 1995 §44.060]
To defray partially the costs of notification and administration procedures, there shall be paid to the Village Clerk at the time of submission of the preliminary plat a fee as established by the Village Board of Trustees and set forth in the fee schedule. No action of the Zoning Commission or Chairman and Board of Trustees shall be valid until the fee has been paid to the Village Clerk. This fee will be charged on all plats, regardless of the action taken, whether the plat is approved or disapproved.
[CC 1995 §44.070]
Every plat shall be prepared by a registered land surveyor duly licensed by the State, who shall endorse upon each such plat a certificate signed by him/her setting forth the source of the title of the owner of the land subdivided and the place of record of the last instrument in the chain of title and shall cause his/her seal to be affixed on the face of the plat.
[CC 1995 §44.080]
Every plat or the deed of dedication to which such plat is attached shall contain, in addition to the registered land surveyor's certificate, a statement to the effect that the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in the plat in question is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any, which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds and when thus executed and acknowledged, shall be filed and recorded in the office of the Village Clerk of the Village and indexed under the names of the owners of the lands signing such statement and under the names of the subdivision.
No owner, or agent of the owner, of any land located within the platting jurisdiction of any municipality, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of an purported subdivision of the land before the plat has been approved by the Zoning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Zoning Commission and the sale is contingent upon the approval of such plat by such Zoning Commission.
[CC 1995 §44.100]
Land subject to flooding, land with excessive slope and land deemed by the Zoning Commission to be undesirable for development shall not be platted for residential occupancy nor for such other uses as may involve danger to health, life or property or to aggravate erosion of flood hazard. Such land shall be set aside for uses compatible with existing conditions.
[CC 1995 §44.110]
In planning and developing a subdivision, the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.150 and with the rules and regulations and concerning required improvements set forth in Section 410.160 in these regulations and in every case shall pursue the following procedure:
Not less than forty-five (45) days before preparing and submitting the preliminary plat to the Zoning Commission, the developer or his/her engineer or surveyors shall consult with the representative of the Zoning Commission, while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, collector streets, parkways, parks, playgrounds, school sites and other community facilities or planned developments and to acquaint himself/herself with the Commission's requirements. The pre-application time period may be reduced by the representative at his/her discretion. During pre-application proceedings, the general features of the subdivision, its layout, facilities and required improvements shall be determined to the extent necessary for preparation of the preliminary plat. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished the developer.
The developer shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 410.120 at least two (2) weeks prior to the meeting of the Zoning Commission at which action is desired.
The preliminary plat shall be checked by the Zoning Commission as to its conformity with the Village plan and as to the plat's compliance with the standards, requirements and principles hereinafter prescribed; and the Zoning Commission shall cause said preliminary plat to be checked by the Zoning Commission's representative to ascertain compliance with all applicable additional requirements of municipal, County, State and Federal departments and agencies concerned and with applicable regulations of public utility companies.
Upon completion of all required improvements as stipulated by the Zoning Commission, the developer shall file with the Zoning Commission the final plat of the subdivision. The final plat may include all or any reasonably acceptable part of the approved preliminary plat and completion of improvements or the bond or escrow agreement therefor need only cover that portion of the plat for which final approval is requested.
The approval of the Commission or the refusal to approve shall take place within sixty (60) days from and after the submission of the plat for final approval, unless the developer agrees in writing to an extension of this time period; otherwise, said plat shall be deemed to have been approved and the certificate of said Zoning Commission as to the date of the submission of the plat for approval as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required. The ground of refusal of any plat submitted or regulations violated by the plat shall be stated upon the record of the Zoning Commission.
[CC 1995 §44.120; Ord. No. 08-11 §1, 4-28-2011]
The preliminary plat of the proposed subdivision, three (3) black line or blue line prints prepared by a qualified registered professional engineer or surveyor, shall accompany an application in writing to the Zoning Commission. The horizontal scale of the preliminary plat shall be one hundred (100) feet or less to the inch and the vertical scale of street and sewer profiles ten (10) feet or less to the inch.
A vicinity sketch at a scale of four hundred (400) feet or more to the inch shall be drawn on or shall accompany the preliminary plat. The sketch shall show:
All existing subdivisions and the street and tract lines or acreage parcels of land, together with the name of record owners of such parcels immediately adjoining the proposed subdivisions and between it;
The nearest existing highways or thoroughfares, streets and alleys in neighboring subdivisions or unplatted property involved in producing the most advantageous development of the entire neighborhood;
Section, range and township;
Any corporation or ad hoc district lines, such as school or sewer districts, etc.
The preliminary plat shall clearly show the following features and information:
Name. The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the Village.
Designation. The tract designation according to real estate records of the Recorder of the County where located.
Owners of record. The names and addresses of the owner or owners of record, the developer and the engineer or surveyor.
Abutting owners. The name of adjacent subdivisions and the names of the record owners of adjacent parcels of unplatted land.
Boundary lines. The boundary lines, accurate in scale, of the tract to be subdivided.
Streets — other features. The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract and other important features such as existing permanent buildings; large trees and watercourses; railroad lines; corporation and township lines; utility lines, etc.
Utilities — existing and proposed. Existing and proposed sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto.
Physical characteristics. Topography; contours, normally with intervals of two (2) feet or as may be otherwise required by the Planning and Zoning Commission.
Proposed design — street, drainage, etc.
The functional classification (major, minor, etc.) and widths of proposed streets, alleys and easements;
The location and approximate sizes of catch basins, culverts and other drainage structures; or
A layout, numbers, and approximate dimensions of proposed lots and street names shall be established to the satisfaction of the Zoning Commission representative and the approval shall be obtained from the local postmaster and a name shall not duplicate or closely approximate any existing or platted street name in the City except extensions of existing streets.
Zoning. Zoning boundary lines, if any; proposed uses of property and proposed front yard setback lines.
North point, etc. North point, scale, date, title.
Deed restrictions. Copies of any private restrictions to be included in the deeds should be attached to the preliminary plat.
[CC 1995 §44.130]
In addition to all of the standard requirements for a preliminary plat as indicated in Section 410.120 of this document, the altered or additional requirements contained below will be required as part of the final plat.
Seven (7) black line or blue line prints of the final or record plat of the subdivision or of any part of a larger subdivision shall be submitted to the Zoning Commission by the developers, together with a written application for approval, on forms provided by the Zoning Commission. The final plat shall be a print or prints on linen tracing cloth — cronaflex, mylar or similar durable material. The plat shall be drawn at a scale of one hundred (100) feet or less to the inch. Said scale shall be indicated on the plat graphically.
True bearings and distances to nearest established street bounds, patent or other established survey lines or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat and their names shall be lettered on them. The length of all arcs-radii, points of curvature and tangent bearings; all easements and rights-of-way when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); all lot lines with dimensions in feet and hundredths and with bearings and angles to minutes.
The accurate locale and material of all permanent reference monuments.
Lots shall be arranged in numerical order.
The accurate outline of all property which is offered for dedication for public use and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use shall be marked on each plat, "Dedicated to the Public" and shall be accepted, in writing, by the Governing Body of the Village by affixing the signature of the chief elected official on the plat.
Affidavit and certificate by a qualified registered land surveyor to the effect that he/she has fully complied with the requirements of these regulations and the subdivision laws of the State of Missouri governing surveying, dividing and mapping of the land; that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it; that the plat represents a survey made by him/her and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.
A certificate issued by the authorized Village and County officials to the effect that there are no unpaid taxes due and payable at the time of plat approval and no unpaid special assessments, whether or not due and payable at the time of plat approval, on any of the lands included in the plat and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.
[CC 1995 §44.140]
The following shall be permitted as exceptions to this Chapter:
In the case of a small subdivision (four (4) lots or less) of minor importance situated in a locality where conditions are well defined, the Planning and Zoning Commission, on written request of the developer, may exempt the developer from complying with some of the requirements stipulated in Sections 410.110 and 410.130 pertaining to the preparation of the plats. A developer may not, however, be exempted from any design requirements specified in Section 410.150 of these regulations.
Any proposed lot split shall be submitted to the Board of Trustees for review. The Board of Trustees shall seek input from the Village Engineer and the Village Attorney, as to whether the proposed lot split complies with the provisions of the Chapter 410. If the Board of Trustees is satisfied that such proposed lot split is not contrary to applicable regulations, it shall upon motion and vote to approve such lot spit. In the event that Board of Trustees determines it is not in the best interest of the Village to approve a lot split, then, the provisions of this Chapter shall apply regarding the proposed lot split.
[Ord. No. 01-17, 1-26-2017]
In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, literal compliance with any requirement of these regulations would cause practical difficulty or exceptional and undue hardship, the Zoning Commission may modify such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable general development or welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the zoning ordinance. Any modification thus granted shall be spread upon the minutes of the Zoning Commission setting forth the reasons which in the opinion of the Zoning Commission justified the modification.
[CC 1995 §44.150]
The following standards shall be required of all subdivisions:
In order to protect the health, safety and general welfare of the people, the Zoning Commission will reject any proposed subdivision located in an area subject to periodic flooding. Whenever a subdivision is proposed to be located in an area having poor drainage or other adverse physical characteristics and impairment, the Zoning Commission may approve the plat, provided the developer binds himself/herself legally to make such improvements as, in the judgment of the Zoning Commission, will render the subdivision substantially safe and otherwise acceptable for the intended use. In this case, the developer shall post with the Commission a surety performance bond, running to the Village or other security acceptable to the Zoning Commission, sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction.
The subdivision layout shall conform to the official major street plan or other elements of the Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a highway, thoroughfare or other major or collector street so designated on said plan, such part of such public way shall be platted by the developer in the location and at the width indicated in the plan.
The street layout of the subdivision shall be in general conformity with a plan for the most advantageous and aesthetically pleasing development of the entire neighborhood, including adjoining areas. Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.
Dead-end streets. Dead-end streets of reasonable length (normally not over five hundred (500) feet) may be approved where necessitated by topography or where, in the opinion of the Zoning Commission, they are appropriate for the type of development contemplated.
Intersecting streets. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit. Four-way intersections shall be used for minor interior streets wherever practicable and not in conflict with other applicable design principles and standards. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.
Half-width streets. Wherever there abuts the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half-width of such street or alley shall be platted such that the ultimate right-of-way conforms to the minimum standards included herein.
Block widths. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except in the case of reversed frontages.
Block length. The length of blocks shall be such as may be appropriate, in the opinion of the Zoning Commission, for the locality and the type of development contemplated, but shall not exceed one thousand five hundred (1,500) feet where the average size of lots do not exceed two (2) acres in area.
Access. Each lot shall be provided with access to a public street or highway to assure convenient ingress and egress to and from such lot and to provide adequately for the layout of utilities, garbage and waste removal, fire and Police protection and other services and to protect and further the public health and safety generally. Subdivision intended for commercial or industrial occupancy shall have access to a collector street, but shall not have direct access to any residential street or residential collector street under any circumstances, except in the case of appropriately separated planned retail centers. Direct ingress or egress to an arterial street shall not be permitted from areas zoned "R-1", "R-2", "R-3" and "R-4".
Street right-of-way requirements and utility easements shall be as follows:
Highways and major thoroughfares. Highways and major thoroughfares as specified in the official major street plan of the Comprehensive Plan; not less than the easement width specified for a secondary thoroughfare.
Collector streets. Sixty (60) feet.
Minor streets, dead-end streets and cul-de- sac streets. All minor streets shall have a street easement width of fifty (50) feet. All dead-end streets shall terminate in a circular turnaround having a minimum right-of-way diameter of one hundred (100) feet, unless the Zoning Commission approves a "T" or "Y" shaped paved space in place of the required turning circle. Turnarounds shall not be required on dead-end streets which are less than two hundred fifty (250) feet in length and are planned to be extended in the future.
Alleys. Alleys, where platted, shall have a minimum width of twenty (20) feet.
Utility easements. Utility easements, where required, shall be at least ten (10) feet wide (five (5) feet on each side of the lot line) along rear, front and side lot lines. Easements of adequate width shall be provided for open drainage channels, where required. Easements five (5) feet in width may be allowed for underground cable installations.
Minimum pavement widths, back to back of curb, required to be installed at subdivider's expense, shall be as follows:
Major thoroughfares and collector streets. Thirty-six (36) feet. In the case of a major thoroughfare or collector street requiring pavements wider than thirty-six (36) feet, the matter of financial and other arrangements for installing such wider pavements at the time the developer will make the improvements shall be taken up by the developer with the officials having jurisdiction.
Minor, dead-end and cul-de-sac streets. Twenty-six (26) feet. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of eighty (80) feet. A "T" or "Y" shaped paved space, when approved by the Zoning Commission, in place of a turning circle shall extend entirely across the width of the street right-of-way, except for sidewalk space and shall be at least ten (10) feet wide with the flared portion rounded by minimum radii of twenty (20) feet.
Alleys and service drives. Twenty (20) feet.
Sidewalks. Sidewalks shall be installed on both sides of all major streets, on one (1) side of collector streets and may be required by the Zoning Commission on any street, including minor residential streets. Sidewalks shall have a minimum width of four (4) feet in residential areas and eight (8) feet in commercial and industrial areas.
The grades of streets shall not exceed the following, except that where unusual or exceptional conditions exist, the Planning and Zoning Commission may modify these requirements:
Highways and major thoroughfares. Four percent (4%).
Collector streets. Seven percent (7%).
Minor streets, service drives and alleys. Twelve percent (12%).
Pedestrian ways or crosswalks. Twelve percent (12%), unless steps of an acceptable design are to be constructed.
Minimum grade. In no event shall the minimum grade of any street or alley be less than five-tenths of one percent (.5%).
Radii of curvature. The radii of curvature on the centerline shall not be less than four hundred (400) feet for major thoroughfares, two hundred fifty (250) feet for collector streets and one hundred fifty (150) feet for minor streets.
Corner radii. Curbs at intersections shall have a minimum radius of thirty-two (32) feet at the back of the curb.
The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with applicable zoning ordinance or regulations.
Depth. Excessive death in relation to width shall be avoided. (A proportion of one to one (1:1) or two to one (2:1) will normally be considered appropriate, except in the case of narrow lots).
Street access. Every lot shall abut on a street, subject to the requirements of Section 410.150(3) hereof.
Width. Lots for residential purposes shall have sufficient width at the buildings setback lines to permit compliance with side yard or distance requirements of the applicable zoning ordinance or regulations and still be adequate for a building of practicable width.
Double frontage. Except as otherwise provided herein, double frontage lots and reversed frontage lots shall be avoided.
Side lot lines. Where practicable, side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot faces.
Corner lots. Corner lots for residential use shall be platted wider than interior lots to permit compliance with the yard and setback requirements for the applicable zoning ordinance.
Minimum lot size. The minimum lot size, frontage and depths for front, side and rear yard shall be the required lot size, frontage and depths under the applicable zoning ordinance and regulations for the relevant zone of the subdivision.
[Ord. No. 20-20, 11-18-2020]
[CC 1995 §44.160]
All improvements required under these regulations shall be constructed in accordance with the specifications and under the supervision of the official having jurisdiction in the manner prescribed below:
Before consideration of a final subdivision plat, the subdivider shall have submitted and obtained approval of improvement plans for all improvements planned for the subdivision and have installed said improvements in accordance with the approved improvement plans or, in lieu of installation of said improvements, a satisfactory escrow agreement, lender's agreement or land subdivision bond may be submitted insuring or guaranteeing their construction in accordance with the approved plans.
The escrow agreement, lenders agreement or land subdivision bond hereinbefore provided, shall:
Be prepared on forms furnished by the Zoning Commission and stored in the office of the Administrative Officer.
Approved by the Village Engineer and Village Attorney.
Be executed by the Zoning Commission Chairman, subject to the approval of the Board of Trustees.
Guarantee the improvements set forth in the approved improvement plans by providing for a deposit with a qualified escrow depository of that sum of lawful money of the United States of America or a land subdivision bond or a lender's agreement in the amount which the Village Engineer shall reasonably estimate as the cost of said improvements.
If there is an escrow sum it shall be held in a special account by the escrow holder subject to the audit of the Village Engineer and/or Board of Trustees of the Village of Airport Drive, Missouri.
If there is a lender's agreement, it shall be subject to the audit of the Village Engineer and/or the Board of Trustees of the Village of Airport Drive, Missouri.
The estimated sum shall be held by the escrow holder or the lender as in the agreement provided until such time as the Village Engineer recommends a release be authorized by the Administrative Officer. Authorization shall be written and addressed to the escrow holder or the lender authorizing release. The Administrative Officer may authorize release for disbursement by the escrow holder or the lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed, as the work progresses and when approved by the Village Engineer. In no case shall the escrow holder or lender release more than ninety percent (90%) of the estimated sum until improvements and installations have been completed in a satisfactory manner in accordance with the Subdivision Regulations and approved by the Village Engineer. The remaining ten percent (10%) shall be released upon acceptance or final approval of said improvements by the Chairman of the Board of Trustees. The estimated sum shall be held by the surety as in the agreement provided, until such time as the Chairman or Board of Trustees shall by written authorization addressed to the surety, release the Land Subdivision Bond total sum. This amount shall only be authorized to be released in its entirety after the Village Engineer certifies that all the improvements have been constructed in accordance with the approved plans, meet all the requirements of the Village of Airport Drive Subdivision Regulations and the streets and stormwater sewers and storm structures located within the public right-of-way have been accepted for maintenance by the Village of Airport Drive, Missouri.
The Administrative Officer shall release funds for any completed segment of the work thirty (30) days after the request for an inspection of the segment of the work has been made, provided no deficiencies were reported during the thirty (30) day period.
In the event that the improvements are not satisfactorily installed within two (2) years after approval of the improvement plans, the Village of Airport Drive has the right to remove said monies to complete the guaranteed improvements, unless an extension in time is granted by the Zoning Commission.
Streets shall be graded to full width of the right-of-way and fully constructed with all-weather macadam or concrete wearing pavements surfaced with asphaltic or Portland Cement concrete wearing surfaces, concrete curbs and gutters, in accordance with the standard street specifications of the Village of Airport Drive, Missouri.
Improvement of existing streets. For any development fronting on an existing road or street, it shall be the responsibility of the developer to bring the road or street up to Village specifications to the centerline of the road or street plus an additional eight (8) feet of width as per Village specifications. Curbs are to be installed by the developer on the developer's side of the road or street only.
Where a public water supply main is reasonable accessible, in the judgment of the Zoning Commission, the subdivision shall be provided with a complete loop-type water distribution system adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants in accordance with the requirements of the Missouri Inspection Bureau. The Zoning Commission shall not approve the final plat thereof until the Missouri State Board of Health has issued a construction permit for the water distribution system to service the area being platted.
Every subdivision shall be provided with a stormwater sewer or drainage system adequate to serve the area being platted and otherwise meeting the approval of the officials having jurisdiction.
Where a public sanitary sewer main is reasonably accessible, in the opinion of the Zoning Commission, the subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a lateral connection for each lot. Such system and connection shall comply with the regulations of the Missouri Clean Water Commission, the Jasper County Health Department and the Village Board of Trustees.
Where a public sanitary sewer system is not reasonably accessible, in the opinion of the Zoning Commission, but where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the appropriate Village, County or State officials, the developer shall install sewers in conformity with such plans. Where immediate connection is not possible and until such connection with the sewer system in the district can be made, the use of private sewage treatment facilities may be permitted, provided such disposal facilities are installed and maintained in accordance with the regulations and requirements of the Governing Body of the Village, County and State Board of Health. In this case, the results of percolation tests made at the site will accompany the plans.
Where no sewers are accessible and no plans for a sewer system have been prepared and approved, the developer shall either install a sewage collection and disposal system in accordance with the requirements of the preceding paragraph or individual disposal devices may be installed on each lot within the subdivision, provided that no individual disposal devices shall be permitted unless the lots to be so served have sufficient areas to allow adequate soil absorption area for on-site sewerage disposal. The Zoning Commission may modify lot area requirements in relation to soil conditions and other pertinent facts and findings in any particular subdivision, however, no lot shall be less than three (3) acres. All such individual devices and systems shall be constructed and maintained in accordance with the regulations and requirements of the Village, County and Missouri State Board of Health.
Planting, street lighting.
Landscaping. All landscaped strips, parkways and screening areas dedicated to the public shall be graded, seeded and planted in an appropriate manner. Street trees shall be planted by the developer throughout the entire subdivision. Such trees shall be planted in the parkway, on both sides of the street, not less than forty (40) feet apart, but at least one (1) tree per lot and shall be not less than two (2) inches in diameter. Specimen shall be determined by the Zoning Commission or its representatives where shrubs are required for the purpose of screening. Specimen, density and other pertinent features shall also be determined by the Zoning Commission.
Lighting. Provisions shall be made by the developer for adequate lighting of public streets within the proposed subdivision in accordance with standards and specifications of the Village Code.
Street name signs and street naming.
Street name signs meeting the requirements of the Village Engineer shall be erected by the subdivider at all intersections.
For purposes of street naming, the following suffixes shall be applied:
Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
Whenever a cul-de-sac street serves not more than three (3) lots, the name of the intersecting street shall apply to the cul-de-sac.
To avoid duplication and confusion, the proposed names of all streets shall be approved by the Zoning Commission prior to such names being assigned or used.
Easements for underground conduits for electric light or telephone lines shall be provided along rear and side lot lines.*
Permanent and other monuments shall be placed in accordance with the following requirements and under the supervision of the Zoning Commission representative or his/her designee:
Street points. Monuments shall be set at the intersection of all streets and the beginning and end of all curves along street centerline.
Curb marks. Curbs shall be permanently marked at the beginning and end of all curves and at the prolongation of all lot side lines.
Stakes. Stakes of a permanent nature shall be set at rear lot corners; top to be set not more than two (2) inches above ground.
Improvement plans, including the following, for improvements to be installed shall be prepared by a qualified registered professional engineer and submitted in accordance with the specifications of the officials having jurisdiction and no improvements shall be installed until and unless said plans have been received and approved by the said officials:
Centerline profile. The centerline profile of each proposed street with tentative grades indicated;
Street cross section. The cross section of each proposed street showing the width of pavement, the location and width of sidewalks and the location and size of utility mains;
Sewer plans and profiles. The plans and profiles of proposed sanitary sewers and stormwater sewers or storm drainage plans with grades and sizes indicated or method of sewage or stormwater disposal in lieu of sewers; the drainage area contributing to the flow in each storm sewer shall be shown on a map and the hydraulic calculations for the sewer shall be provided.
Water distribution plan. A plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants.
[CC 1995 §44.165; Ord. No. 13-06 §1, 8-24-2006]
No building permit shall be issued in any new subdivision to and until the Village has received and approved the following:
The erosion and sediment control measure, as defined by the Storm Water Pollution Prevention Plan, shall be in place and functioning properly.
Public sanitary sewer service for the lot shall be completed, tested and approved by the Village Engineer.
Curb and gutter elevations shall be established and streets shall be graded and completed to plan subgrade elevations and a minimum of two (2) inch thickness of base material shall be placed.
Streets shall be named and signs erected for all streets that access the lot.
[CC 1995 §44.170]
Prior to starting any of the work covered by the above plans, after approval thereof, the developer shall make arrangements to provide for inspection of the work sufficient, in the opinion of the Village Engineer, to assure compliance with the plans and specifications as approved and written approval obtained from the Zoning Commission or its representative.
Fees for inspection will be required to be deposited with the Administrative Officer at the time of submission of the improvement plans. These fees will be estimated by the developer's engineer upon forms provided by the Administrative Officer and must meet the approval of the Village Engineer.
The construction of all improvements required by these rules and regulations shall be completed within two (2) years from the date of approval of the final plat by the Zoning Commission, unless good cause can be shown for the granting of an extension of time by authority of the Zoning Commission.
Where the subdivision contains sewers, sewage treatment plants, water supply systems or other physical facilities that are necessary or desirable for the welfare of the area or that are of common use or benefit and which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the agency having jurisdiction over the location and maintenance of such facilities for the proper and continuous operation, maintenance and supervision of such facilities.
[CC 1995 §44.180]
Where unusual or exceptional factors or conditions exist, the Zoning Commission may modify any of the provisions of these regulations except those of Section 410.160(1 — 5) on written application by the developer. The developer's application shall set forth the reasons for such requested modification and shall be attached to all copies of the construction plans.