[R.O. 2012 §410.010; Ord. No. 727 §1, 3-6-2000]
A. Purpose. The purpose of these regulations is to control
the development of land within the planning jurisdiction of the City
of Ash Grove. "Development of land" means the extension
or openings of streets (public or private), the extension or provision
of utilities, the subdividing of land into lots and blocks, and the
parceling of land for non-agricultural purposes resulting in the need
for street access and public utilities.
B. Intent. These regulations are designed to promote the health,
safety, and general welfare of the citizens, to insure the development
of the City and its environs in accordance with the plan or plans
in effect, and to provide for an adequate street system for convenient
and safe movement of traffic. These regulations will assist in safeguarding
owners, lessees, and tenants as to the proper location of property
lines, building lines, and easements.
C. Jurisdiction. These regulations apply within the area planning
jurisdiction of the City of Ash Grove, pursuant to the provisions
of Missouri Revised Statutes.
[R.O. 2012 §410.020; Ord. No. 727 §1, 3-6-2000]
Certain words in these regulations are defined for the purpose
hereof as follows:
ALLEY
A minor public way used primarily for vehicular service access
to the rear of property abutting a street.
BLOCK
A parcel of land intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
right-of-ways, public walks, parks or green strips, rural land or
drainage channels, or a combination thereof.
CITY
Ash Grove, Missouri.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
EASEMENT
A grant by the property owner of the use by the public, a
corporation, or person(s) of a strip of land for specified purposes.
IMPROVEMENTS
Grading, street surfacing, curbs and gutters, sidewalks,
crosswalks, culverts, bridges, water and sanitary sewers, and other
utilities.
LOT
A subdivision of a block or other parcel intended as a unit
for the transfer of ownership or for development.
PLAT
A map containing information necessary to transfer, to locate,
and to survey property indicated thereon.
STREET
The full width between the property lines bounding every
way of whatever nature, when any part thereof is open to use by the
public as a matter of right, for the purpose of vehicular traffic,
and whether designated as a street, highway, freeway, expressway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place, circle, or however otherwise designated.
STREET, COLLECTOR
A street intended to serve and to provide access to neighborhoods
or sub-neighborhoods.
STREET, MAJOR
A street designated as a major street or thoroughfare in
the official major street plan and designated to accommodate primarily
major traffic movements.
STREET, MINOR
Any street not designated as a major street or collector
street, and intended to serve and to provide access exclusively to
the properties abutting them.
SUBDIVIDER
Any person, individual, firm, partnership, association, corporation,
estate, or trust, or any other group or combination acting as a unit
who may desire to develop land within the purpose and intent of these
regulations.
SUBDIVISION
Any division of land intended as a unit of transfer or for
development within the purpose and intent of these regulations.
[R.O. 2012 §410.030; Ord. No. 727 §1, 3-6-2000]
A. Procedural Requirements. Whenever a subdivider intends to
develop land within the meaning of these regulations and before he/she
prepares a plat, he/she shall appear before the City Planning and
Zoning Commission to discuss his/her intent to develop and to discuss
the type of development anticipated. At this time the City Planning
and Zoning Commission shall advise the developer of the content of
these regulations governing development of land and other plans of
the City then in effect.
1. If desired, a sketch plan may be prepared and presented for review and discussion at that time. Sketch plans should generally include those items listed in Subsection
(B) of this Section, Plat Requirements.
2. Before
approval, a preliminary plan shall be submitted to the Commission
and to the appropriate official of the municipality. The preliminary
plan and all information and procedure relating thereto shall in all
respects be in compliance with the applicable provisions of these
regulations.
3. A written
application to the Commission shall accompany the preliminary plan.
The preliminary plan shall be filed in sufficient copies before the
Commission not less than twelve (12) calendar days in advance of its
next meeting date.
4. At its
scheduled public meeting, the Commission shall review the preliminary
plan to determine its conformity to the design standards and requirements
contained in the regulations. Within ten (10) calendar days after
this meeting, the Commission shall notify, in writing, the subdivider
or his/her agent, the action taken by the Commission, specifying what
changes or additions, if any, will be required prior to review of
the final plan.
5. Approval
of the preliminary plan shall constitute approval of the subdivision
as to the character and intensity of development, the arrangement
and approximate dimensions of streets, lots, and other planned features,
but shall not authorize sale of lots.
6. After
the subdivider has received official notification that preliminary
plan has been approved and what changes, if any, must be made if the
plan is to proceed to consideration as a final plat, the subdivider
shall submit a final plan within one (1) year complying to such requirements
of the Commission with reference to the preliminary plat. If submission
of the final plat is not made within a twelve (12) month period, the
approval of the preliminary plat shall become null and void, unless
extension of time is requested and granted before the expiration date.
7. Before
approval of the subdivision, the subdivider shall file a final plan
reflecting such changes as may be required by the Commission after
its review of the preliminary plan. The final plan may be submitted
in sections, each covering a portion of the entire subdivision shown
on the preliminary plan. The final plan may be given conditional approval
upon the completion of improvements in accordance with these regulations.
8. Final
plans shall be submitted in sufficient copies and filed with the Commission
and with the appropriate official of the City of Ash Grove, not less
than twelve (12) calendar days in advance of the Commission meeting
at which the plan is to be considered.
9. The
Commission shall take action and report within thirty (30) calendar
days from the date of the submission of the final plan. Otherwise,
such plan shall be deemed to have been approved.
B. Plat Requirements. Before the City Planning and Zoning Commission
shall approve a plat for record, the subdivider shall show the following
information on his/her plat or plats:
2. Boundary
of subdivision with description of enclosed property.
3. Name
and address of owner(s).
4. Acreage
in subdivision tract.
5. Date,
map, scale, and north arrow.
6. Dimensions
of street rights-of-way, block, parcel, and lot lines, and subtended
angles.
7. Bearings
of all lines not parallel or perpendicular to lines of known bearing.
Interior angles of lots may be shown in lieu of bearings. All bearings
shall be referred to true north.
9. Location
of building lines.
10. Legal
description, lot and block.
11. The
full plan of development, showing the location of all proposed streets,
roads, alleys, utility easements, parks, playgrounds, and other public
areas; sewer and water facilities, proposed building setback lines
for each street; proposed lot lines and approximate dimensions of
lots; lot numbers in consecutive order; and all streets and other
areas designed for appurtenant facilities, public use, or proposed
to be dedicated or reserved for future public use, together with the
conditions of such dedications or reservations.
12. The
location, size (minima: main, eight (8) inches; lateral, four (4)
inches), and material of any capped sewers, house connections, sewers,
sewage disposal plan, proposed connection with existing facilities,
and any other sewage.
13. The
location, size, and material of any individual, community or public
water supply facilities. The size of pipe shall be subject to approval
by the Ash Grove Planning and Zoning Commission.
14. All
storm sewers (and other drainage facilities) with the size and material
of each indicated and any proposed connections with existing facilities.
15. Tentative
cross-sections and centerline profiles for each proposed street shown
on the preliminary plan. These plans may be submitted as separate
sheets.
16. Preliminary
designs of any bridges or culverts which may be required. These designs
may be submitted as separate sheets.
17. Any
changes that may be proposed in the provisions of the zoning applicable
to the area to be subdivided, and suggested locations of buildings
in connection therewith.
18. Where
the preliminary plan submitted covers only a part of the subdivider's
entire holding, a sketch of the prospective future street system of
the unsubmitted part shall be furnished. The street system of the
submitted part will be considered in the light of adjustments and
connections with future streets in the part not submitted.
19. Certification
of registered land surveyor.
20. Dedication
of streets, alleys and easements for public use.
21. Certificate
of approval of the City Planning and Zoning Commission.
C. Scale. Plats shall be prepared on sheets no larger than
24 x 36 inches and no smaller than 12 x 18 inches at a scale of not
more than one (1) inch equals two hundred (200) feet on linen or other
suitable drafting medium. When more than one (1) sheet is needed,
an index or a key sheet shall be provided.
D. Monuments. Steel rods three-fourths (¾) inch in diameter
and thirty-six (36) inches long shall be placed with top flush to
the ground at all points of boundary intersecting streets. The location
of all monuments shall be indicated on the plat filed for record.
Steel rods one-fourth (¼) inch in diameter and eighteen (18)
inches in length will be placed at all lot corners, flush to the ground.
[R.O. 2012 §410.040; Ord. No. 727 §1, 3-6-2000]
A. Conformance With Official Plans.
1. The
subdivision plat shall conform to all official plans currently in
effect.
2. For
a period of twelve (12) months after the subdivider indicates his/her
intent to subdivide, the City Planning and Zoning Commission may require
the subdivider to reserve sites for public use indicated on an officially
adopted plan to permit the public board, Commission, or body having
jurisdiction of financial responsibility the opportunity to acquire
said sites either through purchase, taking of option, or the filing
of condemnation proceedings under the power of eminent domain.
B. Streets.
1. The
character and location of all streets shall conform with official
plans including minimum width of rights-of-way of fifty (50) feet.
The City Planning and Zoning Commission may permit adjustments in
the location of major streets due to topographical conditions and
public convenience and safety.
2. For
streets not indicated on official plans, the arrangement of streets
in the subdivision may provide for the continuation of appropriate
projection of existing principal streets in the surrounding area except
where topographical or other conditions make continuance or conformance
to existing streets impractical.
3. The
location and alignment of local-service streets should be such that
their use by through traffic will be discouraged. All alleys shall
be dedicated to the City of Ash Grove. All alleys shall have a minimum
of twenty (20) feet right-of-way.
4. Street
intersections should be, insofar as practical, at right angles.
5. Street
jogs and centerline offsets of less than one hundred twenty-five (125)
feet should be avoided.
6. Street
grades should be of sufficient slope to insure drainage of storm or
surface water into natural or manmade ditches for disposal. Street
grades shall be of minimum grade according to the Planning and Zoning
Commission.
C. Blocks.
1. The
use for residential purposes of rectangular blocks that are greater
in length than in width is encouraged in the interest of economy to
the developer and to the City in future maintenance of streets and
utilities.
2. Provision
shall be made for utility easements, when necessary, at the rear of
each lot when alleys are not desired.
D. Residential Lots.
1. The
shape of residential lots shall not be required to conform to any
stipulated pattern. Lots should be of such shape as to best accommodate
the type of house to be built in order to provide adequate spacing
between houses.
2. The
minimum lot area and width of lot shall conform with the minimum requirements
as stated in the residential district in the zoning regulations of
the City.
3. The
building lines or setback lines shall conform with the minimum requirements
as stated above.
E. Topography And Natural Features — Topographic Map. The City Planning and Zoning Commission may require a topographic
map of the subdivision with a contour interval of no more than one
(1) foot. The subdivider may also be required to indicate natural
features such as drainage ways (creeks, etc.), ponds, trees, etc.,
on the topographic map.
[R.O. 2012 §410.050; Ord. No. 727 §1, 3-6-2000; Ord.
No. 737 §1, 6-5-2000]
A. Installation Of Required Improvements.
1. The
subdivider shall agree to complete such improvements required of these
regulations as the municipality and/or Commission may require in the
public interest, as a prerequisite to approval of the final plan.
2. No plan
shall receive final plan approval by the Commission unless the subdivider
shall have completed all such improvements of the standards required
by these regulations and filed his/her certificate containing the
signatures of the proper officials as to compliance, or shall have
filed with the municipality or the Commission a performance bond in
favor of the municipality in an amount equal to the estimated cost
of improvements, or shall have filed a deposit with the City of a
sum equal to the estimated cost of improvements. In the event a deposit
is made with the City, the developer may be permitted to draw on his/her
deposit upon satisfactory completion of various stages of his/her
improvements.
3. The
Commission shall require a performance bond or other performance assurance
to guarantee the proper installation and construction of the following
improvements:
4. The
Board of Aldermen shall designate the official or officials who shall
be responsible for certifying proper installation of required improvements.
B. Required Improvements.
1. Monuments as set forth in Section
410.030(D) of these regulations.
2. Water.
a. The
subdivision shall be provided with a complete water main supply system
which shall be connected to a municipal water supply, or with a community
water supply approved by the engineer of the applicable water utility
company, and the Director of Public Health and Welfare of the Missouri
Division of Health, with satisfactory provision for the maintenance
thereof, except that, when such municipal or community water supply
system is not available, each lot in the subdivision shall be provided
with an individual water supply system in accordance with minimum
standards approved by the Director of Public Health and Welfare of
the Missouri Division of Health.
b. The
plans for the installation of the mains of a water supply system shall
be prepared for the subdivision with the cooperation of the applicable
water supply agency and approved by its engineer. A statement of approval
from the engineer of the water supply agency to which the subdivision
will be connected shall be submitted to the Commission. Upon completion
of the water supply system, one (1) copy of each of the plans for
such system shall be filed with the Commission, the municipality,
and the water system agency.
3. Sanitary sewers.
a. The
method of sanitary waste disposal shall be determined by the Commission,
giving consideration to the following order of preference.
(1) Connection to a public sanitary sewer system, to be in accordance
with the requirements of the Sanitary Code of the Division of Health
of Missouri.
(2) Provision by the developer of a complete private sanitary sewer system
using a treatment facility, shall be in accordance with requirements
of the Sanitary Code of the Division of Health of Missouri.
(3) Sewage disposal on individual lots.
b. When
the subdivision is to be provided with a sanitary sewer system to
be connected to an existing public sanitary sewer system, a statement
of approval from the engineers of the existing sewer system to which
it will be connected shall be submitted to the Commission.
c. When
a complete private sanitary sewer system using a treatment plant is
to be provided, a statement from the Missouri Water Pollution Board
indicating compliance with the Sanitary Code of the Division of Health
of Missouri. Adequate provision for the maintenance of such plant
shall be furnished to the municipality in which the subdivision is
located.
d. In
subdivisions where neither connection to a public sewer system nor
a complete sanitary sewer system is required, sewage disposal shall
be provided on individual lots, consisting of septic tanks and tile
absorption fields. These individual systems shall meet all applicable
standards in the Sanitary Code of the Division of Health of Missouri.
e. The
Commission reserves the right to require systems other than on-site
systems in areas of twin, row or multi-family residential development.
f. In
areas where municipal sewers are expected to be installed within a
reasonable time in the opinion of the Commission, based on studies
in the area, the Commission shall require that capped sewer mains
and house connections be installed in addition to the required on-
site facilities.
g. The
minimum diameter of any sewer main shall be eight (8) inches and the
minimum diameter of any lateral shall be four (4) inches.
h. Storm
sewers shall not be connected to sanitary sewers.
4. Street improvements.
a. Use
minimum four (4) inch aggregate base course, using Type I materials,
per MoDOT Specifications Section 304 and Section 1007. The compaction
of the subgrade must be approved by the Superintendent of Public Works
prior to installation of base course. Developer to be responsible
for all costs associated with the sampling and testing.
b. Use
prime coat over aggregate base, per MoDOT Standard Specification Section
409 at minimum two-tenths (0.2) gallons per square yard.
c. Use
minimum four (4) inches of plant mix bituminous base course, per MoDOT
Standard Specifications Section 301.
d. Use
minimum two (2) inches of plant mix bituminous pavement, Grade BP-2,
per MoDOT Standard Specification Section 401.
e. Core
samples from the completed pavement courses at random locations designated
by the City. Take a minimum of three (3) cores for each day's production
or one (1) per each three hundred (300) tons of mixture placed, whichever
is the greater number. Samples to be delivered to a recognized laboratory
for testing density and mixture content if required by the City. Core
samples shall confirm the minimum thickness of each course. Fresh
plant mix bituminous pavement materials shall be used to repair the
core holes and be thoroughly compacted and level with the finished
paving. Developer to be responsible for all costs associated with
the sampling and testing.
f. Residential
collector streets to have a width of twenty-seven (27) feet, back
of curb to back of curb for cul-de-sacs.
g. All
other streets to have a width of thirty-one (31) feet, back of curb
to back of curb.
h. Concrete
curb and gutter required. Construct per MoDOT Standard Specification
Section 609.10. Construct two and one-half (2½) foot wide,
six (6) inches thick, five and three-fourths (5¾) inches gutter
to top of curb and twelve (12) inches high back of curb. Laidback
type not allowed.
i. Sidewalks
shall be four (4) feet wide, four (4) inches thick concrete placed
on a compacted earth subgrade per MoDOT Standard Specification Section
608.
j. Design of streets. Design plans shall be prepared by a professional
engineer registered in the State of Missouri and bear his seal and
signature.
k. Roadway
drainage, excavation, embankment compaction, and subgrade preparation
shall comply with the design and construction standards of the Greene
County Highway Department. Proof rolling of the roadway subgrade shall
be performed by the use of a heavy loaded truck, with a minimum of
sixteen (16) tons, driving over the subgrade. Any soft spots shall
be removed, filled and compacted with suitable materials and retested.
At the direction of the City, the embankment and subgrade may be required
to have compaction testing to confirm the minimums of ninety-five
percent (95%) density has been obtained. The developer shall be responsible
for all costs associated with the sampling and testing.
5. Storm drainage.
a. Drainage
facilities shall be designed by a professional engineer per Greene
County specifications.
b. Stormwater
detention facilities shall be required per standards of Greene County
for design and construction.
c. Culvert
pipes crossing streets shall be properly designed reinforced concrete
with a minimum fifteen (15) inches diameter.
d. Culvert
pipes not under streets shall be properly designed reinforced concrete
or corrugated galvanized metal.
6. Street lights. The City shall make the determination on
all placements of mercury vapor street lighting for each subdivision.
7. Maintenance. The subdivider shall be responsible for all
maintenance on streets, ditches, waterways for water runoff, sewer
and water lines to the City's satisfaction for a period of one (1)
year from the date the constructed improvements are approved by the
City Engineer and the Board of Aldermen.
[R.O. 2012 §410.060; Ord. No. 727 §1, 3-6-2000]
A. Requirements For Plat Approval. The City Planning and Zoning
Commission shall require the following of the developer for plat approval:
1. Fee.
a. The
preliminary plan shall be accompanied by a check or money order drawn
to the City Treasurer in the amount of fifty dollars ($50.00), plus
one dollar ($1.00) for each lot. This check is not returnable unless
the Commission fails to review the plan.
b. The
final plan shall be accompanied by a check or money order drawn to
the City Treasurer in the amount of forty dollars ($40.00), plus fifty
cents ($0.50) per lot over twenty (20) lots.
2. The preparation of an official plat, or map, suitable for filing, containing data required by Section
410.030(B), Plat Requirements.
3. Evidence of installation of improvements where required or compliance with Section
410.050(A).
4. Conformance
with all other provisions of these regulations.
B. Approval And Recording.
1. After
completion of the procedure outlined by these regulations and upon
approval of a final plan by the Commission, the Chairman shall notify,
in writing, the subdivider or his/her agent and the Board of Aldermen
of the City of Ash Grove.
2. The
Board of Aldermen shall then proceed at their next regular or special
meeting to consider for approval the final plans. If the Board of
Aldermen approve the plans, the proper signatures of the officials
of the municipality shall be placed on two (2) final plans. The plan
shall then be immediately recorded. One (1) of these plans shall remain
with the County Recorder of Deeds and the other shall be returned
to the City. Should the subdivider fail to record the final plans
within such ninety (90) day period, the approval of the City shall
be null and void unless an extension of time is requested by the subdivider
in writing and is granted in writing by the City before the expiration
date. The final plans shall be filed with the County Recorder of Deeds
before proceeding with the sale of lots or construction of buildings.
3. Recording
the final plan after approval of the City's Board of Aldermen shall
have the effect of an irrevocable offer to dedicate all streets and
other public ways and to dedicate or reserve all park reservations
and school sites, and other public areas to public use, unless reserved
by the subdivider as hereinafter provided. The approval of the City
shall not impose any duty upon the municipality concerning maintenance
or improvement of any such dedicated streets, parks, areas or portion
of same until the proper authorities of the municipality shall have
made actual appropriation of the same by ordinance or resolution,
or by entry, use, or improvement.
4. The
subdivider may place a notation on the final plan to the effect that
there is no offer of dedication to the public of certain designated
public areas, in which event the title to such areas shall remain
with the owner, and local authorities shall assume no responsibility
for improvement or maintenance thereof, which fact shall also be noted
on the final plan.
[R.O. 2012 §410.070; Ord. No. 727 §1, 3-6-2000]
A. After
the effective date of these subdivision regulations, January 21, 1972:
1. No plat
shall be accepted for record unless approved by the City Planning
and Zoning Commission and the Board of Aldermen.
2. No utilities
(publicly or privately owned) shall extend its facilities to service
an area unless one (1) of the following applies:
a. The
extension is to an area where a subdivision plat of record existed
prior to the effective date of these regulations.
b. The
extension is to an area where a plat of record has been approved by
the City Planning and Zoning Commission.
c. Installation
of utilities is required before the plat can receive approval for
filing for record. In this event, the City Planning and Zoning Commission
will grant the utilities permission to extend facilities in accordance
with specified plans.
d. The
extension of utilities is along a public way in existence and use
at the time of the effective date of these regulations, but the extension
is not in a depth of greater than two hundred (200) feet from the
public way.
[R.O. 2012 §410.080; Ord. No. 727 §1, 3-6-2000]
The provisions of these regulations are hereby declared to be
severable. If any Section, paragraph, sentence, or clause shall be
held invalid, such invalidity shall not affect the validity of any
of the remaining regulations.
[R.O. 2012 §410.090; Ord. No. 727 §1, 3-6-2000]
The provisions of these regulations are the minimum standards
for the protection of the public welfare. They may be modified or
extended as may be necessary in the public interests.
[R.O. 2012 §410.100; Ord. No. 727 §1, 3-6-2000]
Any person, firm, or corporation which may violate any provision
of these regulations or amendments thereof shall, upon conviction
thereof, be subject to a fine of not less than five dollars ($5.00)
and not more than five hundred dollars ($500.00). Each day said violation
continues shall constitute a separate offense.