[Ord. No. 3996 §1(1-1), 9-7-1999]
These regulations shall hereafter be known, cited and referred to as "The Subdivision Regulations of the City of Dexter, Missouri".
[Ord. No. 3996 §1(1-2), 9-7-1999]
The purpose of these subdivision regulations is to control the division of land within the incorporated area of Dexter and within any area subject to extraterritorial zoning regulation by the City of Dexter in order to promote the public health, safety and general welfare of the area by regulating the division of land in order to lessen congestion in the streets and highways; to further the orderly development and appropriate use of land; to establish accurate records of land subdivisions; to protect land title; to implement the Master Plan of the City; to secure safety from fire and other dangers; to facilitate adequate and coordinated provision for transportation, water, sewerage, schools, parks, playgrounds and other public requirements; to facilitate the further division of larger tracts into smaller parcels of land; and in general, to facilitate the orderly, coordinated, efficient and economic development of the City of Dexter and the area.
[Ord. No. 3996 §1(1-3), 9-7-1999]
The following words or phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
The duly elected Mayor of the City of Dexter, Missouri, or his/her designated representative.
A minor way dedicated to public use when it is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
The incorporated area of the City of Dexter and any future annexations thereto and any area over which the City of Dexter exercises legal zoning regulatory power.
See "STREET, ARTERIAL".
A definite point of known elevation and location and of more or less permanent character based on the United States Geological Survey (USGS) mean sea level data.
A piece or parcel of land surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
The Board of Aldermen of the City of Dexter, Missouri.
A line on a plat between which line and the street right-of-way no portion of the building may be erected, excluding landings, open balconies and roof overhangs, subject, however, to the further requirements of the zoning ordinance.
The City of Dexter, Missouri.
The City Planning and Zoning Commission of the City of Dexter, Missouri.
That land set aside for open space or recreational use for the owners of the residential lots in a subdivision, which land is conveyed by the developer in fee simple absolute title by a warranty deed to trustees whose trust indenture shall provide that said common land be used for the sole benefit, use and enjoyment of the lot owners present and future and shall further provide that no lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot in the said subdivision.
A street having one (1) open end to traffic and being permanently terminated by a vehicle turnaround.
A street having only one (1) end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles.
That person, firm or corporation by whom a tract will be subdivided or improved pursuant the requirements of these subdivision regulations.
A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purpose, such as road maintenance and improvements, drainage maintenance and improvements, sewers and/or utilities installation, maintenance and improvements.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust company, attorney or any other person or agency approved by the Board of Aldermen to act as escrow agent under the provisions of these subdivision regulations.
A geographic area susceptible to periodic inundation from overflow of natural waterways and determined as to extent in Dexter by the Board of Aldermen and any further revisions thereto.
That edge of a lot bordering a street.
The engineering drawings, including technical specifications, showing and describing types of materials and construction details for the physical structures and facilities excluding dwelling units to be installed in conjunction with the development of the subdivision.
Street pavements with curbs, sanitary sewers, storm sewers, drainage facilities, permanent street monuments, water mains and other appropriate items.
A land surveyor registered in the State of Missouri.
See "STREET, LOCAL".
A platted parcel of land intended to be separately owned, developed or otherwise used as a unit.
The total horizontal area within the boundaries of a lot exclusive of any area designated for street purposes.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
See "SUBDIVISION, MINOR".
A paved vehicle storage area directly adjacent to the multiple-family access street pavement.
An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and properties.
A preliminary plan for a major subdivision shall be a formal plan drawn to scale indicating existing and proposed features and the exact layout of the proposed subdivision including all improvements such as streets, lots, water, sewer and drainage facilities. The preliminary plan shall contain the appropriate certifications required by these regulations. The preliminary plan designates conditional approval of the proposed subdivision by the Commission and Board of Aldermen.
A sketch plan for a major subdivision shall be an informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision.
See "PLAT, RECORD".
A complete and exact subdivision plat, prepared for official recording as required by Statute or ordinance, to define property rights and proposed streets and other improvements which designates final approval by the Board of Aldermen and is recorded in the office of the Recorder of Deeds of Stoddard County, Missouri.
The land opened, reserved or dedicated for a street, walk, drainage or other public purpose.
A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks.
A street or road of considerable continuity which serves or is intended to serve as the principal trafficway between separated areas or districts and which is the main means of access to the primary street system or expressway.
Streets which, in addition to serving abutting properties, intercept minor streets, connect with community facilities and carry neighborhood traffic to the major arterial street system.
Streets used primarily to provide access to abutting properties.
A minor street which is generally parallel to and adjacent to major highways or railroad rights-of-way and which provides access to abutting properties and protection from through traffic.
See "DEVELOPER".
A division of a lot, tract or parcel of land into two (2) or more lots for the purpose of transfer of ownership or development, whether immediate or future, including all changes in streets or lot lines; provided however, that where no new streets or easements of access is involved, the following shall not be included within this definition:
Any subdivision not classified as a minor subdivision.
Any subdivision fronting on an existing street and not involving any new street or road or new water, sewer or drainage facilities.
An insurance company qualified and acting under the Revised Statutes of Missouri which has met the Statute requirements.
A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles.
An area or parcel of land which the developers intend to subdivide or improve or to cause to be subdivided or improved pursuant to the requirements of these subdivision regulations.
An ordinance of the City of Dexter, as from time to time amended, which controls and regulates zoning in the City of Dexter.
[Ord. No. 3996 §1(1-4), 9-7-1999]
A.
Any plat, hereafter made, for each subdivision or each part thereof lying within the City limits of Dexter, Missouri, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels for the purpose of sale or of building development whether immediate or future, including the resubdivision or replatting of land or lots; provided however, that where no new streets or easement of access is involved, the following divisions of land shall be exempt from these regulations:
[Ord. No. 3996 §1(1-5), 9-7-1999]
Every subdivision of land in the area shall be shown upon a plat and submitted first to the Commission for its recommendation for approval or disapproval and then to the Board for its approval or disapproval. No plat shall be recorded in the office of the Recorder of Deeds and no lots shall be sold from such plat unless and until such plat is approved as provided for in these subdivision regulations.
[Ord. No. 3996 §1(1-6), 9-7-1999]
Whenever any person or corporation may desire to vacate any subdivision or part thereof in which he/she shall be the legal owner of all lots and may desire to vacate any lot, such person or corporation may petition the Board giving a distinct description of property to be vacated and the names of the persons to be affected thereby, which petition shall be filed together with a filing fee in the sum of fifty dollars ($50.00).
[Ord. No. 3996 §1(1-7), 9-7-1999]
A.
General. Where the Board finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, it may approve variances or exceptions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Board shall not grant variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1.
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2.
The conditions upon which the request for a variance are based are unique to the property for which the variance is sought and are not applicable generally to other property.
3.
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if strict letter of these regulations are carried out.
4.
The variance will not in any manner vary the provisions of the zoning ordinance, Master Plan or major street plan.
B.
Conditions. In granting variances and exceptions, the Board may require such conditions as will, in its judgment, secure substantially the objectives or requirements of these regulations.
C.
Procedures. A petition for any such variance shall be submitted in writing by the developer at the time when the preliminary plat is filed for the consideration of the Commission or at may subsequent time prior to final approval of the record plat by the Board. The petition shall state fully to the grounds for the application and all of the facts relied upon buy the petitioner.
D.
Approval of the record plat by the Board shall constitute approval of any variances incorporated herein.
[Ord. No. 3996 §1(1-8), 9-7-1999]
Recording of a subdivision plat shall not be required in case of the sale or exchange of parcels of land between owners of adjoining properties for the purpose of adjustments in boundaries, provided that additional lots are not thereby created and that the original lots are not reduced below the minimum size required by these subdivision regulations and the zoning ordinance.
[Ord. No. 3996 §1(1-9), 9-7-1999]
The Board may adopt, amend and publish rules and instructions within the intent of these regulations for the administration of these regulations to the end that the public be informed and that approval of plats be expedited.
[Ord. No. 3996 §1(1-10), 9-7-1999]
Decisions of the Commission relating to any matter covered in these regulations may be appealed to the Board by written petition stating the basis for such appeal and the specific relief sought.
[Ord. No. 3996 §1(1-11), 9-7-1999]
Any person, persons, firm, association or corporation violating any provision or provisions of these subdivision regulations or any employee, assistant, agent or any other person participating or taking part in, joining or aiding in a violation of any provision or provisions of these regulations provided by law for the violation of ordinances of the City of Dexter and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense or imprisonment for not more than three (3) months, or both such fine and imprisonment. Each day a violation continues after service of written notice to abate said violation shall constitute a separate offense. In addition to the penalties herein above authorized and established, the City Attorney shall take other such actions at law or in equity as may be required to halt, terminate, remove or otherwise eliminate any violations of these regulations.
[Ord. No. 3996 §1(1-12), 9-7-1999]
A.
Before submitting a preliminary plan for the subdivision of land within this area, a developer may submit, at his/her option, to the Commission a sketch plan for the tract which shall include the following information, all of which may be used as sources of information other than field survey data:
1.
The location of the tract in relation to the City.
2.
The approximate location of all existing structures within the tract which are proposed to be retained.
3.
All existing streets, roads, wet and dry weather watercourses and other significant features within the tract and within five hundred (500) feet thereof.
4.
Approximate location of proposed streets and property lines.
5.
A rough sketch of the proposed site plan.
6.
A north arrow and graphic scale.
7.
Direction of and approximate distance to nearest existing major street intersection.
[Ord. No. 3996 §1(1-13), 9-7-1999]
If a sketch plan is submitted, the Commission shall review and evaluate the sketch plan as soon as practicable and shall report to the developer its opinion as to the merits and feasibility of the improvements contemplated by the sketch plan. In the event a developer elects not to submit a sketch plan, all information contained thereon shall be submitted on or with the preliminary plan.
[Ord. No. 3996 §1(1-14), 9-7-1999]
A.
The developer shall prepare and submit to the Commission and then to the Board such number of copies of a preliminary plan of the tract as shall be required by the administrative rules. Such preliminary plan shall be submitted after receipt of the Commission's report on the sketch plan, if a sketch plan was submitted. The preliminary plan shall be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals two hundred (200) feet, so long as the scale is in an increment of ten (10) feet and shall contain the following information:
1.
A key map showing the tract and its relation to the City.
2.
A north arrow and graphic scale.
3.
The name proposed for the tract or such part thereof as is proposed to be subdivided, date of submission to the Commission and the following names and addresses:
4.
The approximate area of the tract stated in tenths (0.1) of an acre.
5.
Sufficient contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred fifty (150) feet beyond the limits of the subdivision boundaries. United States Geological Survey (USGS) data is acceptable.
6.
The locations of existing and proposed property lines, streets, watercourses, sink holes, areas within the tract subject to inundation by stormwater, railroads, bridges, culverts, storm sewers, sanitary sewers, water lines, valves, fire hydrants, easements of record, existing buildings, proposed and existing street names or other improvements that are to remain.
7.
The locations and sizes of proposed sewer lines, including pump station if needed, and location and sizes of water lines, valves and fire hydrants. Location and sizes of existing municipal sewer lines and water lines that the proposed subdivision facilities will tie into.
8.
The zoning district, including delineation of Floodplain Zoning District if any, and the U.S. Geological Survey section, township and range.
9.
Approximate area in square feet of minimum and maximum size of lots of less than one (1) acre and in acres in area and tenths (0.1) of acres if one (1) acre or more in area into which the tract is proposed to be subdivided.
10.
Any proposed alteration, adjustment or change in the elevation or topography of any area in Floodplain Zoning District.
11.
If the developer intends to subdivide any portion of the parcel into a multiple-dwelling unit subdivision or a subdivision being developed under a conditional use procedure Section of the zoning ordinance, then the preliminary plan shall, in addition, include the following data:
12.
A certification by the developer's engineer and surveyor who prepared the preliminary plan that the plan is a correct representation of all existing and proposed land subdivisions.
13.
Signature and date of approval by the Chairman of the Planning and Zoning Commission, the City Street Department Superintendent, the City Utilities Department Superintendent, the City Fire Department Chief and the City Attorney.
14.
Signature of the City Clerk and the Seal of the City of Dexter denoting satisfactory compliance with the requirements of these regulations.
[Ord. No. 3996 §1(1-15), 9-7-1999]
A.
The Commission shall review the preliminary plan as soon as practicable and:
1.
If the preliminary plan is satisfactory, the Secretary of the Commission shall forward it to the Board together with the recommendation of the Commission for approval.
2.
If the preliminary plan is unsatisfactory, the Commission shall give notice to the submitting party, in writing, setting forth the conditions causing the disapproval and the unsatisfactory conditions shall be remedied before further consideration by the Commission.
3.
If the unsatisfactory conditions are not remedied within thirty (30) days of such notice, the Secretary of the Commission shall forward the preliminary plan to the Board together with the recommendation of the Commission for:
4.
If no recommendation is received from the Commission by the Board within sixty (60) days of the date of submission of preliminary plan to the Commission and no adverse report has been given to the submitting party by the Commission, it shall assume to have been approved and the Board may proceed with their review of the preliminary plan in accordance with these regulations.
5.
Whenever a preliminary plan includes a proposed establishment of common land and the Commission recommends or the Board finds that such land is not suitable for common land due to terrain, benefit to a small portion of the lot owners, difficulty of maintenance or any similar reason, the Board may either refuse to approve such establishment or it may require the rearrangement of the lots in the proposed subdivision to include such land. In any case where the establishment of common land is permitted to be included in the subdivision of a tract, a trust indenture shall be recorded simultaneously with the record plat which shall provide for the proper and continuous maintenance and supervision of said common land by trustees to be selected and to act in accordance with the terms of such indenture and the common land shall be deeded to the trustees under said indenture by general warranty deed. Any alteration of the common land or improvement will require the submission of detailed improvement plans and will be considered a required improvement.
[Ord. No. 3996 §1(1-16), 9-7-1999]
A.
The Board shall review the preliminary plan as soon as practicable after receipt of the report of the Commission and:
1.
If the preliminary plan is satisfactory, the City Clerk upon direction from the Board shall thereupon affix a notation of approval, date of approval, the signature of the City Clerk and the Seal of the City of Dexter on the plan denoting satisfactory compliance with the requirements of these regulations. The plan shall be returned to the developer who may then proceed in accordance with these regulations.
2.
If the preliminary plan is unsatisfactory, the Board shall give notice to the submitting party, in writing, setting forth the conditions causing the disapproval and the unsatisfactory conditions shall be remedied before further consideration by the Board.
3.
The approval by the Board of the preliminary plan shall be valid for a period of two (2) years from the date of approval or such longer period, up to a maximum of five (5) years, as the Board may determine to be advisable if after its review by the Board such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements. If no record plat of a subdivision or any part of the tract for which a preliminary plan has been approved is recorded within said two (2) year period or such longer period as the Board shall permit, a resubmission and review thereof by the Commission and the Board shall be required.
[Ord. No. 3996 §1(1-17), 9-7-1999]
A.
After approval of the preliminary plan by the Board, the developer shall be permitted to divide the plat into two (2) or more sections in a manner to assure orderly development of the subdivision. In the event of such sectionalizing:
1.
The performance bond or escrow agreement shall be in such amount as is commensurate with the section or sections of the plat for which improvements will be installed or guaranteed and for which a separate record plat will be filed.
2.
Submission of bond or escrow agreement assuring improvements in the remaining sections may be deferred until such time as the developer proposes to submit a record plat of such deferred section or sections.
3.
Dedication of streets, easements and public improvements must be made in each section for which a record plat is submitted but may be deferred in the remaining sections until such time as a record plat is submitted for any such deferred section or sections.
4.
A record plat may be submitted to the Board for each section for which improvements have been installed or guaranteed and if approved by the Board shall be filed with the County Recorder of Deeds.
5.
Each such section shall contain at least ten percent (10%) of the total number of lots or at least eight (8) lots, whichever is greater, in the approved preliminary plan.
6.
A record plat of the initial section must be submitted for approval within two (2) years of the date of approval of the preliminary plan by the Commission and Board or resubmittal of the preliminary plan shall be required.
7.
If a record plat is approved for a section or sections of the approved preliminary plan within two (2) years of the date of approval of the preliminary plan, approval of the remaining sections of such preliminary plan shall be valid for a period of five (5) years from the date of approval of the preliminary plan by the Board.
[Ord. No. 3996 §1(1-18), 9-7-1999]
A.
After the preliminary plan is approved, improvement plans and technical specifications prepared by an engineer for the subdivision of all of the tract or any section if the tract is sectionalized by the developer shall be submitted to the Commission for review by designated representatives of the Board to include the Chairman of the Planning and Zoning Commission, the City Street Department Superintendent, the City Utilities Department Superintendent and the City Fire Department Chief. Technical specifications shall be prepared on eight and one-half (8½) inches by eleven (11) inches paper. Improvement plans shall be prepared on twenty-four (24) inches by thirty-six (36) inches sheets and shall contain the following information:
1.
Title page, which shall include key map showing the relationship of the area to be subdivided to the tract and which shall reflect areas of the tract previously subdivided plus adjacent streets.
2.
North arrow and graphic scale.
3.
Title block showing name and address of developer and engineering firm as well as the engineer's seal.
4.
One (1) or more bench marks in the subdivision to which the subdivision elevations are referenced. The identity and elevation shall be based on United States Geological Survey (USGS) mean sea level datum.
5.
List of the standards and specifications followed, citing volume, section, page or other references.
6.
Street surfacing details conforming to City of Dexter standard specifications.
7.
Details of existing and proposed streets, sanitary sewers, water lines, drainage channels, swales and storm sewers.
8.
Plans and profiles of streets, storm sewers and sanitary sewers on a scale not less than one (1) inch equals one hundred (100) feet horizontal and one (1) inch equals ten (10) feet vertical.
9.
Plans and details of water lines and appurtenances.
10.
Existing and proposed survey monuments, including bench marks.
[Ord. No. 3996 §1(1-19), 9-7-1999]
The required number of improvement plans and technical specifications together with drainage maps and runoff sheets for stormwater shall be submitted to the Commission. The plans shall be reviewed, corrections or additions shall be made, if needed, and when the plans are satisfactory to those designated representatives reviewing the same, the plans of the proposed sanitary sewer facilities and water facilities of the subdivision shall be submitted by the developer to the appropriate State reviewing agencies. Final approval of the plans will not be given by the Board until approval is obtained by the appropriate State reviewing agencies. Complete approval of the improvement plans by all City and State reviewing agencies shall constitute authority to start construction.
[Ord. No. 3996 §1(1-20), 9-7-1999]
Approval by the Board of the improvement plans shall be valid for a period of two (2) years from the date of such approval or for such longer such period, up to a maximum of five (5) years, as the Board may determine to be advisable if after review by the Board such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewer, parks, playgrounds or other public requirements. If the construction of the improvements shall not have been completed within said two (2) year period or such longer period as the Board may permit, a resubmission and review of the improvement plans by the Commission and the Board shall be required.
[Ord. No. 3996 §1(1-21), 9-7-1999]
The record plat, which shall be on drafting film or the equivalent acceptable to the Recorder of Deeds of Stoddard County, together with copies of any subdivision restrictions where such are too lengthy to be shown on the plat and accompanied by tender of appropriate fees as outlined in these regulations shall be submitted to the Commission for review and then to the Board for final approval. Upon approval of the record plat by the Board, the City Clerk, at the Board's direction, shall sign the plat with the date of such approval and shall affix the Seal of the City of Dexter. Approval of the record plat by the Board shall constitute approval of any variances from these regulation incorporated herein.
[Ord. No. 3996 §1(1-22), 9-7-1999]
The record plat shall be filed with the Recorder of Deeds of Stoddard County by the developer within sixty (60) days after approval by the Board. If any record plat is not filed within this period, the approval shall expire.
[Ord. No. 3996 §1(1-23), 9-7-1999]
A.
The record plat shall be prepared by a registered land surveyor at any scale from one (1) inch equals twenty (20) feet to one (1) inch equals one hundred (100) feet in any increment of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are twenty-four (24) inches by thirty-six (36) inches or whatever the County Recorder will accept. In certain unusual instances where the subdivided area is of unusual size or shape, the Commission may permit a variation in the scale or size of the record plat. If more than one (1) sheet is required, a key map on sheet No. 1 showing the entire subdivision at reduced scale shall be provided. The record plat shall show and be accompanied by the following information:
1.
North arrow, graphic scale and name of owner or owners.
2.
The boundary line within and the boundary lines of the subdivision with accurate distances and bearings; also U.S.G.S. section, township and range lines; and the boundary lines of any legally established districts within or adjacent to or abutting the subdivision.
3.
The lines of all proposed streets and alleys with their widths and names.
4.
An accurate delineation of any property offered for dedication to public use.
5.
The line of departure from one street from another.
6.
The boundary lines of all adjoining lands where it intersects or touches the subdivision boundary and the right-of-way lines of adjacent streets and alleys with their widths and names.
7.
All lot lines and an identification system for all lots and blocks.
8.
Building lines and easements for right-of-ways provided for public use, service or utilities with figures showing their dimensions and listing uses that are being provided.
9.
All dimensions and bearing, both linear and angular, radii and arcs necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.
10.
All survey monuments, including bench marks, together with their descriptions.
11.
Approximate areas in square feet of minimum and maximum size of lots if less than one (1) acre in area and in acres and tenths (0.1) of acres if one (1) acre or more in area into which the tract is proposed to be subdivided.
12.
Name of subdivision and description of property subdivided showing its location and area.
13.
Certification by a registered land surveyor to the effect that the plat represents a survey made by him/her and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The month and year during which the survey was made shall also be shown.
14.
Signature and date of approval by the Chairman of the Planning and Zoning Commission, the City Street Department Superintendent, the City Utilities Department Superintendent, the City Fire Department Chief and the City Attorney.
15.
Signature of the City Clerk and the Seal of the City of Dexter on the plat denoting satisfactory compliance with the requirements of these regulations.
16.
Private restrictions and trusteeships and their periods of existence. Should such restrictions and trusteeships be of such length as to make lettering of same on plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
[Ord. No. 3996 §1(1-24), 9-7-1999]
There shall be a subdivision permit fee calculated on the basis of five dollars ($5.00) per lot and subject to a twenty-five dollar ($25.00) minimum accompanying the submission of a proposed record plat for each subdivision or sections thereof, except multiple-dwelling unit subdivisions and non-residential subdivisions.
[Ord. No. 3996 §1(1-25), 9-7-1999]
There shall be a subdivision permit fee calculated on the basis of five dollars ($5.00) per dwelling unit and subject to a twenty-five dollar ($25.00) minimum accompanying the submission of a proposed record plat for each multiple-dwelling unit subdivision or section thereof.
[Ord. No. 3996 §1(1-26), 9-7-1999]
There shall be a subdivision permit fee in accompanying the submission of a proposed record plat for each non-residential subdivision or section thereof calculated on the basis of five dollars ($5.00) per acre and subject to a twenty-five dollar ($25.00) minimum.
[Ord. No. 3996 §1(1-27), 9-7-1999]
The developer and the developer's engineer shall be responsible for the inspection of the construction and installation of the streets, drainage, sanitary sewer and water facilities. Upon completion of construction and before City approval, the developer shall submit to the Board a "Certification of Completed Works" executed by the developer and the developer's engineer stating that all facilities have been constructed in accordance with the approved permits, improvement plans and technical specifications. Before final approval, the Board reserves the right to direct its designated representative(s) to also inspect all facilities to verify that the improvements have been constructed in accordance with the approved permits, improvement plans and technical specifications. The City's inspection does not relieve the developer of the responsibility to install all improvements in accordance with the approved permits, improvement plans and technical specifications.
[Ord. No. 3996 §1(1-28), 9-7-1999]
After the sanitary sewers, drainage facilities and water facilities have been constructed and installed, but before the Commission recommends final approval or acceptance, the developer or the developer's engineer shall submit the required number of as-built (record) drawings of said sanitary sewer, water lines and drainage facilities to the Commission.
[Ord. No. 3996 §1(1-29), 9-7-1999]
A.
Before the developer's obligation to the City of Dexter is terminated and before the subdivision is given final approval by the Board, all required improvements shall be certified by the developer and the developer's engineer that all improvements were completed in accordance with all permits, improvements plans and technical specifications.
B.
An agreement, signed by the developer and his/her contractor, guaranteeing the improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance of such improvements shall be filed with the Board before the final acceptance of the improvements by the Board.
[Ord. No. 3996 §1(1-30), 9-7-1999]
A.
The size, shape and orientation of lots shall be designed to provide desirable building sites logically related to topography, natural features, streets and adjacent land uses. The following minimum standards are set forth as guides to these goals:
1.
Each proposed lot containing an area of less than three (3) acres shall front upon a street accepted by the City or improved to the standards and specification of the City.
2.
Lots with double frontage should be avoided, except where necessary to provide separation of the subdivision from traffic arteries or as otherwise required by topography or similar conditions.
3.
Where additional widening strips are dedicated on existing streets, calculations of the area of a lot shall not include widening strips in determining the gross area of the lot.
4.
The lot area and dimensions shall meet the requirements of the zoning ordinance.
5.
The minimum width required for a front lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way at a distance from the street right-of-way line equal to the depth of the required front yard plus ten (10) feet.
6.
The minimum width at the right-of-way line for lots fronting on a circular turnaround shall not be less than thirty-six (36) feet.
7.
Side lot lines shall be at right angles to straight streets and radial to curved streets, except when said radial lot lines detract from the desirability of the lot.
8.
Corner lots for residential use shall have adequate width to permit appropriate building lines from both streets.
[Ord. No. 3996 §1(1-31), 9-7-1999]
A.
A multiple-dwelling unit subdivision may consist of only one (1) parcel of land or may include separate lots for one (1) or more multi-family buildings or may include separate lots for each dwelling unit. The orientation of structures and lots shall be designed to provide desirable building sites logically related to topography, streets, parking areas, common land (if any), other structures and adjacent land uses and:
1.
If divided into lots, such shall not be deemed "lots" for the purpose of determining minimum lot area as provided in the zoning ordinance, providing however, that the total number of dwelling units does not exceed the maximum density requirements of the zoning district or of any special use ordinance enacted pertaining to the tract encompassed within the subdivision.
2.
Any such lots need not front or abut directly on a street, providing that suitable access and easements are provided for both vehicular and pedestrian traffic.
3.
In the event the plan proposes the construction of dwelling units or freestanding walls either joined together or having a common wall but on separate lots, such group of dwelling units or walls or both shall be deemed one (1) structure for the purpose of determining the side, front and rear yard limitations of the zoning ordinance.
4.
Notwithstanding any other provisions of these regulations, roadways primarily intended to service parking areas as determined by the City shall not be considered streets for the purpose of these regulations.
[Ord. No. 3996 §1(1-32), 9-7-1999]
A.
Principles. In addition to the standards of these regulations which are appropriate to the planning of all subdivisions, the non-residential developer shall demonstrate to the satisfaction of the Commission and the Board that the proposed non-residential subdivision is specifically adapted to the uses anticipated. Unless otherwise set forth below, the standards and procedures established elsewhere in these regulations as applicable to all subdivisions shall apply to non-residential subdivisions as well.
B.
Standards. Anything to the contrary appearing in these regulations notwithstanding, the following standard and procedures shall apply to non-residential subdivisions:
1.
Where the recorded covenants of a non-residential subdivision require off-street parking and off-street loading, a minimum road frontage of fifty (50) feet shall be required for non-residential lots of any size.
2.
There shall be no restriction as to the maximum block lengths in a non-residential subdivision.
3.
The Commission may recommend or the Board may require pedestrian ways, sidewalks and fencing in a non-residential subdivision to provide access to parks, schools, shopping areas or similar facilities or as otherwise necessary to insure the public safety.
4.
The minimum radius of thirty-two (32) feet at the back of the curb shall be required at all street intersections in a non-residential subdivision.
5.
Sidewalks shall not be required in a non-residential subdivision developed in an industrial zoning district unless required in Subsection (3) above.
6.
All streets in a non-residential subdivision shall be designed to meet at least minimum requirements of pavement width and right-of-way width as set forth in these regulations. Collector streets in a non-residential subdivision may be built in two (2) stages of two (2) lanes in each stage.
7.
The Commission may recommend or the Board may approve dead-end streets of more than seven hundred (700) feet in a non-residential subdivision, but all such dead-end streets shall have a turnaround with a minimum diameter at the back of the curb of at least eighty-four (84) feet. Islands shall not be required in turnarounds in a non-residential subdivision.
8.
There shall be no requirements for a non-residential subdivision to provide rights-of-way, including approach rights-of-way and slope easements, for construction of underpass or overpass where a streets in a non-residential subdivision crosses railroad tracks.
9.
Alleys may be recommended by the Commission or required by the Board in non-residential subdivisions only where other provisions have not been made for service access, such as off-street loading, unloading and parking, which provisions are adequate for the uses proposed within the subdivision.
10.
Survey monuments shall not be required in non-residential subdivisions except as set forth below:
a.
A permanent survey marker, as defined elsewhere in these subdivision regulations, shall be placed on at least two (2) corners of each intersecting streets in a non-residential subdivision and at each corner of the subdivision outboundary and said survey markers shall be placed by a land surveyor. Additional survey monuments shall not be required in the resubdivision of a lot recorded in a non-residential subdivision.
b.
Said permanent survey monument may be placed after all streets and related utilities have been installed in the portion of the non-residential subdivision being improved.
11.
Every reasonable effort shall be made to protect adjacent residential areas from non-residential subdivisions and every reasonable effort shall be made to protect non-residential subdivisions from residential subdivisions.
C.
Procedures. All procedures set forth in these regulations shall be adhered to except the following may also be required or done:
1.
The surface conditions of the property, results of any tests made to ascertain subsurface rock, soil and water table and spot elevations and slope ratios sufficient to prepare a grading plan may be required by the Board where such conditions affect rights-of-way, easements or other public areas within the non-residential subdivision.
2.
The non-residential developer may submit improvement plans after the preliminary plan is approved on part of the non-residential subdivision only. The Commission and the Board shall review said partial improvements plans submitted as set forth in these regulation as though they were being submitted in their entirety for the complete subdivision so that the non-residential developer may proceed with the construction and installation of the necessary improvements to a specific industrial site.
3.
The location of proposed property lines may be changed by the non-residential developer from time to time to accommodate the sale of specific industrial building sites within the subdivision without such change requiring a review and/or approval by the Commission and the Board of the plat of the subject non-residential subdivision, providing such relocation of property lines does not require the relocation of any utility easements or street rights-of-way. The addition to or eliminating from the preliminary plan of any of the aforesaid items may similarly be made by the non-residential developer for the purpose stated without the approval and/or the review of the Commission.
[Ord. No. 3996 §1(1-33), 9-7-1999]
Block length shall not exceed one thousand five hundred (1,500) feet, except as the Board deems necessary to secure the efficient use of land or desired features of street layout.
[Ord. No. 3996 §1(1-34), 9-7-1999]
A.
The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. All streets and public ways shall be graded to their full width, including side slopes, and to the appropriate grade and shall be surfaced with bituminous (asphalt) material or concrete pavement with concrete curb and gutter in accordance with standard specifications of the City. The following standards shall apply:
1.
Arrangement of streets shall reasonably conform as nearly as possible to the major street plan and the developer shall make provision for the extension of arterial (major), collector and local streets. Except for dead-end streets, streets normally shall connect with streets already established or provide for future connections to adjoining unsubdivided tracts or shall be a reasonable projection of all streets in the nearest subdivided tracts.
2.
Local street intersection jogs or discontinuities with centerline offsets of less than one hundred (100) feet shall be avoided.
3.
Reserved strips of land which control or limit access at the terminus of streets are prohibited.
4.
A tangent of at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.
5.
A subdivision entrance street shall intersect the arterial or collector street with an interior angle between seventy degrees (70°) and ninety degrees (90°) extending a minimum distance of one hundred (100) feet.
6.
A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum radius of two (2) feet at the back of the curb shall be required. Greater radii may be required at the intersection and at the back of the curb of a street with an arterial street. The Board may permit comparable cutoffs or chords in lieu of rounded corners.
7.
All streets intersecting on arterial or collector streets shall be directly opposite existing or other proposed streets and shall be a minimum of three hundred (300) feet distant, as measured between street centerlines.
8.
Streets shall be constructed to standard specifications of the City.
9.
All stub streets in excess of two hundred fifty (250) feet in length shall be provided with a temporary turnaround.
10.
All streets shall be designed to meet the following minimum requirements:
Street Type | Right-of-Way Width (Minimum) | Pavement Width (Including Curb and Gutter) (Minimum) |
|---|---|---|
Local (residential) | 50 feet | 24 feet |
Major or arterial | 70 feet | 28 feet |
Commercial or industrial | 60 feet | 28 feet |
Street Type | Maximum Grade | Minimum Radius of Curve |
Local (residential) | 12% | 100 feet |
Major or arterial | 10% | 300 feet |
Commercial or industrial | 10% | 400 feet |
Intersections | 5% | |
Maximum Length of Local (Residential) Street | ||
Loop street | 2,300 feet | |
Cul-de-sac | 750 feet | |
Maximum Lots on Local (Residential) Street | ||
Loop street | 56 | |
Cul-de-sac | 16 | |
Maximum Length of Vertical Curve | ||
Local (residential) | 100 feet but not less than 20 feet for each algebraic difference in grade | |
Major or arterial | 200 feet but not less than 20 feet for each algebraic difference in grade | |
Commercial or industrial | 200 feet but not less than 20 feet for each algebraic difference in grade | |
Minimum Sight Distance | ||
Local (residential) | 200 feet | |
Major or arterial | 275 feet | |
Commercial or industrial | 275 feet | |
Intersections | Across corners — 75 feet from intersection | |
The purpose of these minimum requirements is to provide maximum allowable flexibility in street construction standards while at the same time insuring the protection of public interest. The widths of right-of-way and pavement are allowed to vary as functions of the type of streets and the corresponding intensity of use warrant. Street classifications may be indicated on the official City map or major street plan; otherwise, the classification shall be determined by the Board. |
11.
Any subdivision platted along an existing street shall provide additional right-of way, as necessary, not to exceed twenty (20) feet on each side, to meet the width requirements set forth. When the subdivision is located on only one (1) side of an existing street or road, one-half (½) of the required right-of-way width shall be provided, measured from the centerline of the right-of-way as originally established.
12.
Whenever there abuts the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half-width of such street or alley shall be platted so that the ultimate right-of-way conforms to the minimum standards set forth in these regulations. This Section applies only to presently existing half streets existing at the date of these regulations. There will be no half-width streets platted or accepted from the date of this Chapter forward.
13.
A street on which residential lots front and which parallels but is not adjacent to a railroad right-of-way shall be at a distance from the railroad right-of-way sufficient to provide lots with a minimum depth of one hundred sixty (160) feet.
14.
All streets shall be dedicated to public use to provide proper traffic circulation.
15.
Curbs and gutters shall be constructed in conjunction with the street development on all streets new and existing and shall be of Portland cement concrete at least twenty-four (24) inches wide and not less than six (6) inches deep where the curb abuts the street surface.
16.
When an existing street does not meet the design and construction requirements as provided herein, the developer may request a waiver of the requirements for curbs and gutters on an existing street at the same time that a preliminary plan is filed with the Commission. The Commission will review the request and if it is determined that the existing street does not meet the standards provided herein, the Commission may recommend to the Board that a waiver of curb and gutter be granted. The Board shall review the request and may grant said waiver.
[Ord. No. 3996 §1(1-35), 9-7-1999]
Proposed streets which are continuations of or in general alignment with existing named streets shall bear the names of such existing streets. The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing or platted street within the Stoddard County E-911 area of the City. All names of streets proposed by the developer shall be approved by the Commission before submitting the proposed record plat for review.
[Ord. No. 3996 §1(1-36), 9-7-1999]
A.
Alleys may be provided in a residential district and if provided shall be at least twenty (20) feet wide and shall be constructed according to the standards of the City of Dexter also:
[Ord. No. 3996 §1(1-37), 9-7-1999]
A.
All proposed subdivisions shall have easements as recommended by the designated representatives of the Board to include the Chairman of the Planning and Zoning Commission, the City Street Department Superintendent, the City Utilities Department Superintendent and the City Fire Department Chief to be adequate for the installation and maintenance of utility facilities including, at a minimum, utility easements ten (10) feet in width adjacent to the right-of-way and five (5) feet in width across the rear of all lots adjacent to the rear lot lines; in addition:
1.
Stormwater easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.
2.
Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement as determined by the developer's engineer and approved by the City Street Department Superintendent to be of sufficient area and limits to permit the construction and maintenance of the slope.
3.
Whenever any stream or important surface drainage course is located in an area which is being subdivided, the developer shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course.
[Ord. No. 3996 §1(1-38), 9-7-1999]
A.
Survey monuments shall be placed by a registered land surveyor at all street corners and so located to find angle points, points of tangency of curves on one (1) side of the street and at all boundary corners. Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted provided that exact off-street courses and distances are shown on the record plat. Monuments shall be of Portland cement concrete not less than two (2) feet long, not less than four (4) inches square or five (5) inches in diameter or steel pipe of at least one (1) inch diameter firmly embedded in concrete which extends below the frost line.
B.
A permanent bench mark shall be accessibly placed and accurately noted on the final subdivision plat. The elevation of such bench mark shall be based on the United States Geological Survey (USGS) mean sea level data.
[Ord. No. 3996 §1(1-39), 9-7-1999]
All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in accordance with standards and specifications of the City. All grading and surfacing shall be done under observation and inspection of the developer's engineer and shall be subject to the approval of the City Street Department Superintendent. The intersection of any new street with a State highway shall be subject to approval by the district engineer of the Missouri Department of Transportation.
[Ord. No. 3996 §1(1-40), 9-7-1999]
At such time as a subdivision is proposed adjacent to a street that is accepted and maintained by the City of Dexter, that portion of said street adjacent to proposed subdivision shall be improved to handle the increased traffic due to said subdivision and the additional right-of-way and cost of improvement of half of the right-of-way adjacent to the proposed subdivision shall be included in the overall subdivision improvements. The improvements shall be made to current City specifications and standards and shall comply with the official City map or the major street plan of the City or the street classification designated by the Board.
[Ord. No. 3996 §1(1-41), 9-7-1999]
A.
Installation of sidewalks shall be optional with the developer, but if included in the improvement plans, sidewalks shall be constructed in accordance with specifications of the City. In the absence of applicable specifications, the minimum requirements for any sidewalks included in the improvement plans shall be as follows:
1.
Residential sidewalks shall be of concrete four (4) feet wide and four (4) inches thick, except in driveways where a six (6) inch thickness shall be required.
2.
Non-residential sidewalks shall be of concrete six (6) feet wide with tree wells and four (4) inches thick, except at driveways where a seven (7) inch thickness shall be required.
B.
Sidewalks in street rights-of-way shall be constructed so that their inner edge shall be approximately as near as possible to the private property line.
[Ord. No. 3996 §1(1-42), 9-7-1999]
If structures or plantings are proposed at the subdivision entrance, it shall be done in such a manner as not to obscure the vision of oncoming traffic. The Board may require the clearing of underbrush and may require the sodding or seeding in common land where the common land has been altered.
[Ord. No. 3996 §1(1-43), 9-7-1999]
A.
Corner Lots. Corner lots shall have an extra width to permit appropriate building setback from both streets or orientation to both streets. Lots abutting a pedestrian mid-block crosswalk shall be treated as corner lots.
B.
Uninhabitable Area. Lands subject to flooding or otherwise deemed by the Planning Commission to be uninhabitable shall not be platted for residential purposes or for uses that may in the judgment of the Commission increase the danger of health, life or property or increase the flood hazard. Such land within a subdivision shall be set aside for other uses such as parks or other open space.
C.
Back-Up Lots. Lots shall back into such features as freeways, arterial streets, shopping centers or industrial properties, except where there is a marginal access street, unless a secondary access is provided. Such lots shall contain a landscaped easement along the rear at least twenty (20) feet wide in addition to the utility easement to restrict access to the arterial street to minimize noise and to protect outdoor living areas. Lots extending through a block and having frontage on two (2) local streets shall be prohibited.
D.
Lot Frontage. All lots shall front upon a publicly dedicated street. Variances may be permitted for approved large scale residential developments.
E.
Planting Strips. Planting strips may be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screens shall be a minimum of twenty (20) feet wide and shall not be a part of the normal roadway right-of-way or utility easement.
F.
Easements. Utility easements shall be of sufficient width to have at least ten (10) foot separation between water and sewer lines. Where practicable, utility lines shall be placed in alleys or easements for same. The developer shall properly clear the easement area of tree stumps, roots, rock and any other obstructions before the placing of utilities.
[Ord. No. 3996 §1(1-44), 9-7-1999]
The developer shall construct water distribution facilities and connect the municipal water system in accordance with all State and municipal requirements as to so provide water service to every lot within the subdivision. The layout of the water system, the size of pipes and mains to be used in the various parts of water systems and all the other details regarding the water system shall be determined by developer's engineer and subject to the approval of the Utilities Department Superintendent, the Fire Department Chief and the Missouri Department of Natural Resources. An adequate number of valves and fire hydrants shall be provided as directed by the Board's designated representative to include the City Utilities Department Superintendent and the City Fire Department Chief. The minimum allowable size water line shall be six (6) inches; the installation of eight (8) inch or larger sizes is encouraged and may be required by the Missouri Department of Natural Resources or the Commission or the Board through the Board's designated representatives to include the City Utilities Department Superintendent and the City Fire Department Chief.
[Ord. No. 3996 §1(1-45), 9-7-1999]
The developer shall construct a sanitary sewer system and provide lateral connections for each lot. The subdivision's sanitary sewer system shall discharge to the municipal sewer system. The sanitary sewer system shall be designed and constructed in accordance with City specifications and the requirements of the Missouri Department of Natural Resources.
[Ord. No. 3996 §1(1-46), 9-7-1999]
A.
Where a storm drainage system is reasonably accessible, the developer shall connect with such storm drainage system and shall do all grading and provide all drainage structures that are necessary to properly carry the water to the storm drainage system. Where a storm drainage system is not accessible, the developer shall do all grading and provide all drainage installations and structures that are necessary to properly carry the water to locations which are acceptable to the City Street Department Superintendent. Surface water will not be permitted to cross the pavement at low spots. Inlets with connection pipe will be required to carry the surface water from one side to the other.
B.
Wherever possible, existing drainage channels shall be used. A drainage easement, in addition to the provided right-of-way width, may be required where streets parallel streams or drainage areas. Such easement widths shall be determined by the City Street Department Superintendent. The design of the drainage system shall consider and show:
1.
Storm drainage area of which the subdivision is a part.
2.
Calculation as to the volume and frequency of water to be handled.
3.
A scheme of culverts sufficient in size to eliminate flooding or uncontrolled ponding of water.
4.
Existing watercourses.
5.
Retention and/or detention basins to control excessive runoff.
C.
The City Street Department Superintendent shall evaluate each development proposal as to its impact on flooding and uncontrolled ponding of water on the subdivision site and all potentially effected surrounding areas.
D.
The size, design and type of construction shall be approved by the City Street Department Superintendent.
E.
Storm sewer shall meet the following minimum standards for inside dimensions of drainage pipe and maximum line lengths.
Pipe Size (Inches) | Maximum Length (Feet) | |
|---|---|---|
15 | 30 | |
24 | 50 | |
36 | 100 |
F.
Clean out boxes must be installed according to the maximum length requirements. The minimum inside dimension of a clean out box shall be three (3) feet by three (3) feet.
G.
Where ditches are used for storm drainage, they shall meet the following minimum standards:
1.
Sod or seed with jute mesh, at the discretion of the City Street Department Superintendent, on the bottoms and banks of ditches with mean velocities up to five (5) feet per second for depths of flow of six (6) inches or more.
2.
Rip-rap or other approved ditch lining on ditches with mean velocities greater than five (5) feet per second for a depth of flow of six (6) inches or more.
3.
Culverts at all street or driveway intersections sized to eliminate or prevent flooding or uncontrolled ponding of water.
H.
The developer shall purchase and construct all stormwater control improvements necessary to protect property in the watershed from further or future water problems that are attributable to the proposed subdivision. The location and installation of such improvements shall be subject to the approval of the City Street Department Superintendent.
I.
Construction and grading plans for the improvements to be installed shall be submitted to the Commission in accordance with the administrative rules of the City and shall receive approval of the City Street Department Superintendent before grading is started or improvements are installed. The following provisions must be included in construction plans:
1.
Site plan and topographic drawings in compliance with City requirements.
2.
The profile of each proposed street and locations and sizes of utility mains.
3.
The cross section of each proposed street and locations and sizes of utility mains.
4.
The plans and profiles of proposed sanitary sewers and stormwater sewers with grades and sizes indicated.
5.
The plan and profile of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants.
6.
Alteration of topography. All open cuts of ground shall be returned to at least the original condition. Sod shall be provided for any open cut subject to excessive erosion. Sod shall be laid out in strips at intervals and at right angles to the flow of water to prevent erosion. The removal and hauling away of topsoil and washing or hauling away of gravel shall not be permitted without the approval of the City Street Department Superintendent.
7.
Inspection. Before staring any of the work covered by the plans approved as above, arrangements shall be made to provide for inspection of the work by the developer's engineer sufficient, in the opinion of the City Street Department Superintendent, to insure compliance with the plans and specifications as approved.
[Ord. No. 3996 §1(1-47), 9-7-1999]
Street markers shall be installed at each street intersection by the City of Dexter.
[Ord. No. 3996 §1(1-48), 9-7-1999]
All improvements required under the provisions of these subdivision regulations shall be constructed in accordance with design standards and plan requirements of these subdivision regulations, the standards and specifications of the City and, where applicable, the requirements and authorization of the appropriate State agency or utility company.
[Ord. No. 3996 §1(1-49), 9-7-1999]
If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined to its operation to the part, provision or application directly involved in the controversy to which such judgment was rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons and circumstances. The Board of Aldermen hereby declares it would have enacted the remainder of these regulations even without such part, provision or application.
[Ord. No. 3996 §1(1-50), 9-7-1999]
A.
For the purpose of providing for or protecting the public health, safety and general welfare, the Board may from time to time amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the Board in the manner prescribed by State Statute and City ordinance.
B.
Approval of a preliminary plan shall exempt that subdivision from subsequent amendments to these subdivision regulations, providing the record plat is filed within the time specified by the Board in its approval of the preliminary plan.