[1]
Editor's Note — Ord. no. 2007-09 § 1,
adopted March 13, 2007, repealed sections 24-16 "when buildings may
be erected — permits and conditions precedent" and
26-16A "provisions for adequate utility services — connections
to utilities prior to approval of plat prohibited" and enacted new
provisions set out herein. Former sections 24-16 — 24-16A
derived from ord. no. 2004-31 § 1, 12-14-2004.
[Ord. No. 2007-09 § 1, 3-13-2007]
A.
Installation Of Public Improvements.
1.
Before the final plat of any subdivision shall be recorded, the subdivider/developer
shall provide for the installation of all public improvements required
by the City ordinances of Lexington, Missouri, and any additional
improvements as may be required by the Planning and Zoning Commission
or City Council. The installation of such public improvements shall
be at no cost to the City.
2.
Where subdivision plats or development plans are approved in phases,
no phase of a final plat or development plan shall be recorded unless
all required public improvements for said phase are installed in accordance
with the provisions of this Article.
B.
Performance Bond Required. The subdivider/developer
shall post a performance bond or other sufficient surety, acceptable
to the Planning and Zoning Commission and City Council, to guarantee
the completion of the installation of the public improvements. The
bond shall be posted with the City Clerk at the time the final plat
is accepted by the City Council. The City alone shall determine the
amount of the performance bond or surety required.
C.
In-Progress Inspection. All public improvements
required by these regulations shall be inspected and approved by the
City Building Official as such improvements are being installed. The
subdivider/developer shall notify the City Building Official prior
to the commencement of construction of any such improvement.
D.
As-Built Plans. Before the Planning and Zoning Commission
will approve the final plat for recording, the applicant's engineer
shall certify to the City through the submission of detailed "as-built"
plans that the improvements have been constructed substantially in
conformance with the approved plans and specifications and that the
improvements are free and clear of any and all liens and encumbrances
and are ready for dedication to the City.
1.
The "as-built" plans shall show actual elevations of all elevation
points shown on the approved public improvement plans, computation
of all actual grades, computations of actual detention volume, actual
dimensions and GPS locations of all structures, both above and underground,
and all underground public improvements relative to all easements
or rights-of-way. All sewer laterals shall be further located by giving
a GPS location and the distance from the upstream manhole down to
the lateral connector.
2.
The information to be included in the "as-built" plans may be provided
on the approved construction plans; but, if for any reason, placing
said notations on the construction plans is not possible, then this
information shall be presented on a separate drawing or drawings.
3.
The "as-built" survey shall be sealed by a land surveyor registered
in the State of Missouri, with the design engineer's seal and
supplied and paid for by the subdivider, along with any additional
engineering fees incurred by the City in connection with review of
the "as-built" survey.
[Ord. No. 2007-09 § 1, 3-13-2007]
A.
Final Inspection. Upon completion of all public
improvements within the area covered by the final plat, the subdivider/developer
shall notify the City who thereupon shall conduct a final as-built
inspection of all improvements installed. If the City Building Official
determines that there are defects, deficiencies or deviations in any
such improvements installed or if there are any deviations in such
improvements as installed from the approved engineering plans and
specifications, the City Building Official shall so notify the subdivider/developer
in writing. The City Building Official may require the subdivider/developer
to terminate all further work until necessary steps are taken to correct
any defect, deficiency or deviation found in the inspection. The subdivider/developer
shall, at its sole expense, correct such defects, deviations or deficiencies.
When such defects, deficiencies or deviations have been corrected,
the subdivider/developer shall notify the City that the improvements
are ready for reinspection.
B.
Acceptance Of Public Improvements. The City Building
Official will advise the Planning and Zoning Commission of his final
inspection findings. The Planning and Zoning Commission will act upon
his findings and recommend approval/disapproval of the as-built plan
to the City Council for their action.
C.
Warranty. Upon acceptance of such subdivision improvements
by the City Council, a two (2) year warranty period shall commence.
Partial acceptance shall not be considered unless a phased subdivision
development plan has been approved by the Planning and Zoning Commission
as a part of the plat approval process.
1.
The subdivider/developer shall provide the City a two (2) year maintenance
guarantee of the public improvements. The two (2) year guarantee shall
ensure any repairs or replacement of the improvements found to be
necessary by the City Engineer.
2.
The subdivider/developer shall post a performance bond or other sufficient
surety, acceptable to the Planning and Zoning Commission and the City
Council, to guarantee that the subdivider/developer will correct all
defects in such improvements or facilities that occur within two (2)
years after the offer of dedication of such facilities or improvements
is accepted by the City.
3.
Such guarantee will be in the amount of twenty percent (20%) of the
estimated cost of the improvements, but shall not be less than two
hundred fifty dollars ($250.00) per lot and shall be filed with the
City Clerk prior to the acceptance of the improvements by the City
Council.
4.
In no case shall the performance bond be released prior to the expiration
of the two (2) year warranty term.
D.
Defects Defined. The term "defects" refers to any condition in facilities or public improvements dedicated
to the public that requires the City to make repairs in such facilities
or improvements over and above the amount of maintenance that normally
would be required as determined by the City. If such defects appear,
the guaranty may be enforced regardless of whether the facilities
or improvements were constructed in accordance with the requirements
of this Article.
[Ord. No. 2007-09 § 1, 3-13-2007]
A.
No building permit shall be issued for a building within such subdivision
until:
1.
The construction and installation of curb and gutter, pavement, sanitary
and storm sewer lines and necessary improvements to existing sanitary
and storm sewer facilities, streets and utilities have been completed
and accepted by the City Building Official in the block upon which
the lot fronts.
2.
Or, construction of streets and sewers and necessary improvements
to existing sanitary and storm sewers, streets and utilities shall
have been assured by adequate surety, bond or cash escrow in favor
of the City. The City alone shall determine the amount of the surety,
bond or cash escrow required.
B.
Installation of all such streets and utilities shall conform to the
minimum standards of the City.
[Ord. No. 2007-09 § 1, 3-13-2007]
The City Council may refuse to approve a plat unless it is evident
that adequate sewer facilities and necessary improvements to existing
sewer and storm sewer facilities and other utilities can be provided
within a reasonable time.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2006-40 § 1, 9-12-2006]
Survey monuments shall be placed at all corners of the subdivision
boundaries and at all block corners, angle points and points of curve
in streets. All boundary corner monuments and at least two (2) block
corner permanent monuments for each block shall be installed prior
to recording the final plat and shall meet the requirements for a
permanent monument as established by the Missouri Department of Natural
Resources, Division of Geology and Land Survey. In lieu of installing
monuments prior to recording, such installation may be guaranteed
by a performance bond or escrow agreement.
[Ord. No. 2004-31 § 1, 12-14-2004]
Unless otherwise approved by the City Council, provision shall
be made for the extension of main thoroughfares. Secondary streets
shall provide free circulation within the subdivision. Offset street
intersections with offsets of less than one hundred fifty (150) feet,
centerline to centerline, shall not be permitted.
[Ord. No. 2004-31 § 1, 12-14-2004]
The system of streets designated for the subdivision, except
in unusual cases where land use will not justify it or in other unusual
cases, shall connect with streets already dedicated in adjacent subdivisions;
and where no adjacent connections are platted, shall in general be
the reasonable projections of streets in nearest subdivided tracts
and shall be continued to the boundaries of the tract subdivided,
so that other subdivisions may connect therewith. The Planning and
Zoning Commission and the City Council may require that land abutting
a highway or thoroughfare be platted so that the side or rear of lots
abut such highway or thoroughfare in order that traffic hazards are
kept at a minimum.
[Ord. No. 2004-31 § 1, 12-14-2004]
Except where land use will justify it or in other unusual cases,
no dead-end streets will be approved unless such dead-end streets
are provided to connect with future streets in adjacent land; but
"places" or cul-de-sac may be permitted where the contour of the land
makes it difficult to plat with connecting streets. Such "places"
or cul-de-sac shall provide proper access to all lots and shall generally
not exceed four hundred (400) feet in length and a turnaround shall
be provided at the closed end with an outside properly line radius
of not less than fifty (50) feet and a curb radius of at least forty
(40) feet. Temporary turnarounds may be required at the end of those
streets extended to the edge of the subdivision for future connection
to adjacent subdivisions.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2006-41 § 1, 9-12-2006]
All streets — the right-of-way shall be in accordance with APWA standards and Section 29-38 of the zoning ordinance. Greater widths may be required by the City Council upon the recommendation of the Planning and Zoning Commission.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2006-36 § 1, 8-10-2006; Ord.
No. 2010-33 § 1, 10-13-2010]
A.
Sidewalks shall be installed by the developer on at least one (1)
side of the street, they shall be located in the platted street, one
(1) foot from the property line. They shall be continuous within the
block, with no skipping of lots, and shall be contiguous to any pre-existing
sidewalks. Walks shall also be installed in any pedestrian easements
as may be required by the Planning Commission. Sidewalks shall be
not less than four (4) feet wide and shall have a minimal lateral
slope of one-quarter (1/4) inch.
B.
Design For Persons With Disabilities. In order to
enable disabled persons to travel freely and without assistance, access
ramps shall be installed whenever new curbing or sidewalks are constructed
or reconstructed in the City of Lexington. Such ramps shall comply
with the then current requirements of the "Americans with Disabilities
Act Standards" (Department of Justice Title III regulations, ADA Standards
28 CFR Part 36) and "American Public Works Association (APWA) Sidewalk
Ramp Standards (Kansas City Metro)", and be subject to review and
approval by the City Engineer. These standards shall apply to any
City street or connecting street for which curbs and sidewalks are
required by Lexington City Code or on curbs and sidewalks that have
been prescribed by the City Council. In case of conflicts in requirements
between these two (2) standards, ADA Standards shall prevail. A building
permit is required for all new or replacement sidewalk installations.
[Ord. No. 2004-31 § 1, 12-14-2004]
Easements of not less than ten (10) feet shall be provided on
each side of rear or side lines, where necessary, for public utilities.
If necessary for the extension of main sewer lines or similar utilities
or drainage courses, easements of greater width may be required along
lot lines or across lots. Easements, where practicable, shall connect
with established easements in adjoining property.
[Ord. No. 2004-31 § 1, 12-14-2004]
Except in unusual cases, alleys or loading courts must be provided
in business blocks. Alleys are optional in residential districts,
but may be required where alleys of adjoining subdivisions would be
closed or shut off from egress by the failure to provide alleys in
the new subdivision. Alleys shall have a minimum width of twenty (20)
feet. In case of intersecting alleys, a cutoff shall be required of
at least five (5) feet measured from the point of intersection of
the alley lines. The resultant connecting lot line shall be at least
five (5) feet in length.
[Ord. No. 2004-31 § 1, 12-14-2004]
In general, intersecting streets determining block lengths shall
be provided at such intervals as to serve cross traffic adequately
and to meet existing streets or customary subdivision practice in
the neighborhood. Where no existing plats control, the blocks may
not exceed twelve hundred (1200) feet in length. In blocks longer
than five hundred (500) feet, pedestrian ways through the block may
be required near the center of the block. Such pedestrian ways shall
have a minimum width of ten (10) feet.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2012-01 § V, 1-10-2012]
Minimum width at the front building line shall be adequate for the building according to applicable Section 29-10 zoning regulations. The minimum depth of a residential lot shall be one hundred ten (110) feet. Corner lots shall be at least fifteen (15) feet wider than the average lot in the block.
[Ord. No. 2004-31 § 1, 12-14-2004]
In case a tract is subdivided into larger parcels than normal
building lots, such parcels shall be arranged to permit the opening
of future streets and logical resubdivision.
[Ord. No. 2004-31 § 1, 12-14-2004]
All lots shall have the side lines as nearly at right angles
to the street on which the lot faces or as radial to curved street
lines as possible.
[Ord. No. 2004-31 § 1, 12-14-2004]
Building lines shall be shown on all lots and shall provide
at least the setback necessary to meet the zoning requirements of
the City.
[Ord. No. 2004-31 § 1, 12-14-2004; Ord. No. 2005-35 § 1, 9-13-2005]
A.
Sewers. The proprietors of any new subdivision shall
be required to construct all sewers within the new addition, including
both main and lateral sewers and main extensions to new subdivision.
The lateral sewers from the main to the lots in any new subdivision
shall be installed to a point three (3) feet inside of the curb line
on the individual lots in the subdivision. They may connect these
sewers with the existing City sewer system only after the sewers constructed
by them have been approved by the Missouri Department of Natural Resources.
Upon the subdivision being accepted and the sewers constructed approved,
the sewer main shall belong to the City.
B.
Septic Systems. If sewers are unavailable to the
subdivision or cannot be made available to the subdivision, any septic
system installed shall meet the requirements and approval of the Missouri
Department of Natural Resources and the City and a certificate of
approval shall be registered with the City Engineer or other properly
designated official.
C.
Water Mains. All water mains installed in new subdivisions
shall be installed in the parkway when possible.
D.
Culverts, Curbs, Guttering. Culverts, curbing and
guttering, when required in any new subdivision, shall be installed
by the owners of the subdivision and shall be of acceptable design
and size.
E.
Fire Hydrants. Will be installed by the developer
at such locations as will meet the requirements of the insurance rating
in force for the rest of the City.
F.
Streets. All streets shall be in accordance with Section 29-38 "Layout and Construction Specifications and Requirements for Residential and Commercial Streets" of the zoning ordinance.
G.
Easements. Proper easements in favor of the City
shall be executed by the proprietor of any new subdivision covering
the installation of all utilities, including sewers. Rights of ingress
and egress shall also be conveyed to the City and no easement shall
be designated less than fifteen (15) feet in width.
H.
Street Lights. The developer must put street lights
upon the streets of any new subdivision with the approval of the City
Council.
