Cross References: Industrial development authority, Ch. 150, Art. III; buildings and building regulations, Title V; building standards, § 500.020 et seq.; fire code and fire protection, Ch. 520; housing code and authority, Ch. 515; mobile homes and trailers, Ch. 525; weeds and other grasses in excessive growth prohibited, § 220.090; parks and recreation, Ch. 245; planning and development, Ch. 405; subdivisions and major street plans, § 405.130; streets, sidewalks and other public places, Ch. 535; traffic code, Title III; utilities, Title VII.
[R.O. 1993 § 410.010; Ord. No. 86-1900, App. A § I, 3-10-1986]
Scope. This Chapter prescribes the procedures for the subdivision of land within the corporate area of Aurora, Missouri, and any other area of Lawrence County made subject thereto under the provisions of Sections 64.510 through 64.690, RSMo.,and comprises the requirements, standards and specifications with respect to:
The proper location and width of streets, building lines, open spaces, recreational areas, and public lands.
The avoidance of conditions which would lead to flooding or water damage due to improper handling of drainage and stormwater.
The avoidance of overcrowding of population and congestion of vehicular traffic.
The manner and extent to which streets are to be graded and improved, and the extent to which water, sewer, and other utility services are to be provided.
The provision of adequate open space for traffic movement, utility facilities, access of emergency apparatus, for the control of the number, spacing, type, and design of access points to existing or future streets for minimum width and area of lots for light and air, and for a proper distribution of population.
Interpretation. This Chapter is intended to set minimum requirements to provide for the coordinated, efficient, and economic development of the City, to insure the adequacy of street and utility facilities, adequate drainage facilities, and to promote the public health, safety and welfare. If any other provision of law relates to any matter covered herein, the regulation providing the higher standard shall apply.
Application Of Regulations. No lot in a subdivision, as defined herein, may be conveyed unless a final plat of the property has been approved according to the requirements and provisions of this Chapter. This is supplemental to and not in derogation of the Revised Statutes of Missouri. Any plat of a subdivision of land in the corporate areas of the City which has not been recorded in the office of the Recorder of Deeds and which has not been accepted and approved, as herein provided, shall not be considered as a plat of any lawful subdivision. All plats shall be recorded in the Plat Book of Lawrence County, Missouri, according to requirements contained in Section 89.440, RSMo.
Suitability Of Land For Subdivision Development. Land unsuitable for subdivision development due to poor drainage, flooding, steep slope, extensive rock formation, lack of sanitary facilities, or any other conditions and prima facie constituting a danger to health, life, or property shall not be approved for subdivision development unless the subdivider presents evidence or data satisfactory to the Commission establishing that the methods proposed to meet any such condition are adequate to avoid any danger to health, life, or property.
[R.O. 1993 § 410.020; Ord. No. 86-1900, App. A § II, 3-10-1986; Ord. No. 96-2214 §§ 1 — 2, 2-27-1996]
General Statement. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory; the word "may" is permissive.
Definitions. For the purposes of this Chapter, the terms used herein are defined as follows:
- A permanent serviceway, dedicated to public use primarily for utility or vehicular service access to the rear or side of properties otherwise abutting on a street.
- BARRIER (NATURAL OR ARTIFICIAL)
- Any street, highway, river, pond, canal, railroad, levee, embankment, or screening by a fence or hedge.
- An area of land entirely bounded by streets, highways or ways, except alleys, pedestrian ways, or exterior boundaries of a subdivision unless such exterior boundary is a street, highway or way, or a combination of streets, public parks, cemeteries, railroad rights-of-way, bulk headlines, or shorelines or waterways, or corporate boundary lines.
- Any structure, whether temporary, semipermanent or permanent, designed or intended for the support, enclosure, shelter, or protection of persons or property.
- BUILDING LINE
- (See SETBACK LINE).
- CAMPER or TRAVEL TRAILER
- A vehicle or structure designed and constructed in such manner as will permit temporary occupancy as living and sleeping quarters as is primarily required during camping or vacation travels. Such facility has identical characteristics to a mobile home in that it can be conveyed on the streets; however, in no way is it intended to become a permanent residence.
- CAMPGROUND or TRAVEL TRAILER PARK
- Any plot of ground upon which a camper or travel trailer is located regardless of whether or not a charge is made for such accommodation. However, such definition shall not include storage of one (1) personal camper or travel trailer upon the property of the owner.
- As hereinafter referred shall mean Aurora, Missouri.
- Planning and Zoning Commission of the City of Aurora, Missouri.
- COMPREHENSIVE PLAN
- The plan or any portion thereof, adopted by the Commission for the coordinated physical development of Aurora, Missouri, including, among other things, plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings, schools, parks, forests, wildlife refuges, dams and projects affecting the conservation of natural resources.
- A short street, having only one (1) end open for vehicular traffic, and the other permanently terminated by a full turnaround for vehicles.
- The arrangement of land for easements, lots, and rights-of-way, including materials, alignment, grade, and width of these elements.
- A grant by the property owner to a person, corporation, or the public of the right to the use of designated land area for specified purposes.
- FLOOD HAZARD AREA
- All land subject to periodic inundation from overflow of natural waterways when subjected to the maximum possible run-off from three (3) inches of rain per hour as calculated by approved engineering methods.
- HILLSIDE AREA
- An area with an average slope of twenty percent (20%) or more, and a cross slope from twenty percent (20%) to forty percent (40%).
- HILLSIDE STREET
- A street in which the cross slope of the existing ground exceeds fifteen percent (15%) and the center-line slope exceeds fifteen percent (15%).
- IMPROVEMENT PLANS
- The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed, both in or in conjunction with the plat.
- Refers to such street work, streetlight signs, and utilities, including water, sewer, electric, gas and stormwater, to be installed or agreed to be installed, in total or in part, by the subdivider on land to be used for public or private streets and easements, as are necessary for the general use of lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.
- A parcel of land intended to be separately owned, rented, developed, or otherwise used as a unit.
- LOT AREA
- The total horizontal area within the boundaries of a lot, exclusive of any land designated for roadway purposes.
- LOT, CORNER
- A lot abutting upon two (2) or more streets at their intersection.
- LOT, DOUBLE FRONTAGE
- A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
- MASTER PLAN
- The comprehensive plan made and adopted by the Planning and Zoning Commission of the City of Aurora.
- MOBILE HOME (TRAILER)
- Any vehicle or structure so designed and constructed in such manner as will permit permanent occupancy thereof as living and sleeping quarters for one (1) or more persons, or the conduct of any business or profession, occupation, or trade, or use as a selling or advertising device, and so designed that it is or may be mounted on wheels and conveyed on highways or streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.
- MOBILE HOME PARK: (TRAILER PARK)
- Any area, tract, site, or plot of ground on which a mobile home occupied for dwelling or sleeping purposes is located or intended to be located regardless of whether or not a charge is made for such accommodation. Such definition includes all buildings used or intended to be used as a part of the equipment or facilities thereof.
- MOBILE HOME SPACE
- A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.
- MOBILE HOME, DEPENDENT
- A mobile home which does not have a flush toilet and a bath or shower.
- MOBILE HOME, INDEPENDENT
- A mobile home which has a flush toilet and a bath or shower.
- NET AREA
- The entire area within the boundary lines of the site, less the area of any street right-of-way.
- PARKING LANE
- An auxiliary lane of a roadway, used primarily for vehicular parking.
- PARKING SPACE
- An area set aside, either on an individual lot or on any other portion of a subdivision, which is reserved for vehicular parking.
- PEDESTRIAN WAY
- A right-of-way dedicated to public use which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
- Any individual, firm, association, partnership, or corporation.
- A map showing the design of a subdivision and the existing conditions. The design shall include all trafficways, utilities, drainage provisions, and appurtenances.
- PUBLIC WATER COMPANY
- Any person, company, corporation, or institution who has a written permit from the Missouri Department of Natural Resources to supply water for domestic purposes to the public.
- RECREATION OR PLAYGROUND CENTER
- A usable parcel of land suitably drained, free of stagnant pools of water, with sufficient soil to support the growth of plant material, and containing a variety of recreational facilities.
- The graded portion of a street, upon which the base course, surface course, shoulders, and medium are constructed.
- The portion of a street, including shoulders, for vehicular usage.
- SETBACK LINE
- The line generally parallel to the front, side, or rear lot line establishing the minimum space to be provided as the front, side, or rear yard.
- The degree of natural inclination of the existing ground which is used as the basis for determining the hillsides.
- A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as: a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, or as otherwise designated, but excluding an alley or a way for pedestrian use only.
- STREET, COLLECTOR
- A street which carries or is proposed to carry intermediate volumes of traffic from minor streets to major streets, and which may or may not be continued.
- STREET, MINOR
- A street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.
- Anything constructed, which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
- Any person, firm, partnership, association, corporation, estate, or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as herein defined. The term "subdivider" shall include any agent of any subdivider.
- Any land improved or unimproved, or any portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided into two (2) or more lots, plots, sites or other divisions of land for the purpose of offering for sale, lease or development, including resubdivision. "Subdivision" includes the division or development of residential and non-residential zoned land, including planned developments, whether by deed, metes and bounds description, map, plat or other recorded instrument and the dedication, opening or widening of any proposed or existing right-of-way for a public or private street.
- SUBDIVISION, MINOR
- A division of land into two (2) but not more than four (4) lots, which does not include any new streets, improvements, sewer extensions, easements, or rights-of-way; a division of land in which each parcel is five (5) acres or more in area, and which does not include any new streets, improvements, sewer extensions, easements, rights-of-way, or other provisions for public areas and facilities; the division of land held by a bona fide partnership in existence for two (2) or more years upon dissolution thereof, a division of land among the immediate members of a family for personal use which does not include any new streets, improvements, sewer extensions, easements, or rights-of-way.
- An area within a trailer or mobile home park, court, or camp of not less than two thousand (2,000) square feet of unoccupied space designated for the exclusive use of not more than one (1) automobile and one (1) trailer or mobile home.
- Any open space located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for any accessory buildings or projections as are permitted on the lot.
- YARD, FRONT
- A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the front building line.
- YARD, REAR
- A yard extending along the rear of a lot between the side yard lines and being the minimum horizontal distance between the rear lot line and the rear building line.
- YARD, SIDE
- A yard extending along each side of a lot between the front yard line and the rear yard line and being the minimum horizontal distance between the side lot line and the side building line.
[R.O. 1993 § 410.030; Ord. No. 86-1900, App. A § III, 3-10-1986; Ord. No. 2002-2516 § I, 8-13-2002; Ord. No. 2008-2788 § 1, 3-25-2008]
Advisory Meeting With City Staff And Other Agencies. Prior to the preparation of the preliminary plat, the subdivider shall submit a sketch plat and consult with the staff of the City of Aurora, utility companies, Board of Education and the Missouri Department of Natural Resources in order to familiarize himself with the standards established in these regulations and the provisions of the Comprehensive Plan affecting land proposed to be subdivided. After the advisory meeting the Planning and Zoning Commission reviews and approves or disapproves the sketch plat with or without changes requested by the Planning and Zoning Commission.
Procedure. After approval of the sketch plat by the Planning and Zoning Commission, the subdivider shall submit sufficient copies of the preliminary plat [ten (10) copies and a reproducible copy] and plan and profiles [five (5) copies] for providing streets, curb and gutters, water, sewage disposal and storm drainage/detention which shall be reviewed and approved for compliance with City ordinances by the City staff. The sheet size shall be limited to twenty-four (24) inches by thirty-six (36) inches, unless extreme conditions require a larger size to clearly delineate the proposed subdivision. After submission of the preliminary plat, the Planning and Zoning Director shall transmit copies thereof for review and recommendations to the following:
Information Required On Preliminary Plat. The preliminary plat shall be drawn to a scale of not greater than two hundred (200) feet to the inch and shall contain the following information:
The name of the proposed subdivision and the tract designation of the property as shown on the records of the County on file in the County Recorder's office.
The names and addresses and seals (if applicable) of the owner, subdivider, surveyor, landscape architect, engineer and any others who may have prepared the plat.
The location of all existing monuments of record.
The gross and net acreage of the proposed subdivision; the acreage of streets; and of any areas reserved for the common use of the property owners within the subdivision.
The boundary lines of the proposed subdivision; and their bearings and distances, with ties to existing section corners and/or corners or points of legally recorded subdivisions of record within the corporate limits of the City. This data shall be prepared by a surveyor licensed in Missouri.
All section lines, United States Survey and township lines, lines of incorporated areas, sewer districts, public water supply and drainage districts, school districts and all other legally established districts.
The location, purpose, type and dimension of all streets and easements, existing and/or platted in, and in the immediate adjacent bordering area(s) or subdivisions of the proposed subdivision, the locations of all existing underground utility installations in the proposed subdivision.
The proposed location and approximate dimensions of all lots, building lines, easements and improvements thereon and the proposed use of the lot.
The areas within the proposed subdivision subject to inundation or stormwater overflow, the subsurface conditions of the property, including the results of any tests made to ascertain subsurface rock, soil and groundwater and the results of soil percolation tests, if individual septic tanks are proposed. This data shall be prepared by a registered professional engineer licensed to practice in the State of Missouri.
Supplemental Information Required With Preliminary Plat. The subdivider shall file with the preliminary plat the following:
Preliminary plans and profiles shall be submitted [at a scale of no greater than twenty (20) feet to the inch] for: Each proposed street (including grade, width and type of pavement), stormwater drainage, grading and other improvements being proposed. (Preliminary improvement plans for water and sewage disposal systems shall be included as approved.)
Whenever part of a tract is proposed to be subdivided and additional portions thereof to be subdivided in the future, a sketch plan of the entire tract shall be submitted.
If street lighting is proposed, a map showing the arrangement thereof.
All maps shall show the date, scale and north point. Each individual sheet shall be identified with its proper numerical sequence.
Any proposed indenture of restrictions, providing for the establishment of a Governing Body of the property owners.
Review Of The Preliminary Plat. Within thirty (30) days after submission of all of the data hereinabove required, the Commission shall review and make a report thereon. It shall approve or disapprove the preliminary plat, including the plans and profiles of all improvements. Prior to granting approval of the preliminary plat, the Commission may impose any conditions deemed conducive to the health, safety and welfare of the community. Action shall be noted on two (2) or more copies of the preliminary plat and signed by the Chairman of the Commission. One (1) copy shall be returned to the subdivider, and one (1) copy retained by the Commission for record. If approved by the Planning and Zoning Commission, they shall make a recommendation to City Council for approval. Approval of the preliminary plat shall lapse unless a final plat of all or a portion of the land included in the preliminary plat is submitted to the Commission within one (1) year from the date of the approval of the preliminary plat. A maximum of two (2) year extension of time may be granted by the Commission, upon application to the Commission, by the subdivider and prior to the expiration of the initial approval.
Approved Preliminary Plat. Approval of the preliminary plat by the City Council is an authorization to the subdivider to proceed with the development.
[R.O. 1993 § 410.040; Ord. No. 86-1900, App. A § IV, 3-10-1986; Ord. No. 96-2212 § 1, 2-27-1996]
No preliminary subdivision plat shall be approved unless it conforms to the following minimum standards of design.
Relation To Adjoining Streets. The arrangement of rights-of-way in a subdivision shall provide for the continuation of the existing streets or rights-of-way in adjoining areas, unless the Commission deems such continuation undesirable for reasons of topography or design. Where subdivision streets or rights-of-way are continuations or extensions of existing streets or rights-of-way, the width thereof, where practical, shall be at the same or greater width or width sufficient to adequately serve the subdivision of the existing street or right-of-way, except that in no case shall the street or right-of-way in the subdivision be of less width than hereinafter provided in Subsection (A)(1)(c) below.
Projection Of Streets. Where, in the opinion of the Commission, it is desirable to provide future street access to adjoining areas, the streets and rights-of-way in the subdivision shall be extended by the provision of a right-of-way for street purposes from the end of the pavement to the property line of the subdivision. If deemed necessary by the Commission, any such dead-end street shall be provided with a temporary turnaround or "Y" intersection. The street arrangements shall not be such as to cause hardship to owners or adjoining property in platting their own land and providing convenient access to it. However, except to avoid landlocking property, nothing herein shall be construed to require that private streets in one subdivision shall provide access to adjacent lands.
Classification Of Streets And Widths Of Rights-Of-Way.
All streets shall be classified as either highway, thoroughfare, collector, minor, parkway, or marginal access (service) in accordance with their use and function, the standards of public safety and topographic conditions. The classification of each street designated on a plat shall be reviewed by the Commission and revised as necessary to conform with the standards of these regulations.
Streets shall have the following right-of-way widths:
Subdivisions adjacent to existing deficient streets or roads shall provide additional right-of-way, to meet the minimum width requirements set forth.
A subdivision located on only one (1) side of an existing street or county road shall provide one-half (1/2) of the required right-of-way width, measured from the center line of the existing roadway.
Streets shall intersect, as nearly as possible, at right angles.
Street curb intersections shall be rounded by radii of at least twenty-five (25) feet. When the smallest angle of street intersections is less than sixty degrees (60°), the Commission shall require curb radii of greater length.
Curves And Grade Changes In Streets — Horizontal.
A tangent of at least one hundred (100) feet long shall be introduced between reversed curves on major and collector streets.
Where there is a deflection angle of more than ten degrees (10°) in the alignment of a street, not including intersection with any street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii of curves shall be:
Street Grades And Elevations.
No street grade shall be in excess of: highways, thoroughfares, and parkways, seven percent (7%); collector, ten percent (10%); minor and marginal access, twelve percent (12%), except as otherwise approved by the Commission because of adverse topographic conditions.
All curbing (or street ditching where permitted) shall be designed to provide for surface water drainage from the surrounding area, buildings and pavement. The minimum grade shall be not less than one-half of one percent (0.05%).
The Commission shall not approve streets which will be subject to frequent or repeated inundation or flooding.
Marginal Access Streets (Service Roads). Where the subdivision abuts on or contains an existing or proposed major street, the Commission may require marginal access streets to be provided to avoid lot frontage on major streets.
Street Jogs. Street jogs with center-line offsets of less than one hundred (100) feet are prohibited.
Culs-De-Sac. Culs-de-sac shall be no longer than six hundred (600) feet and shall terminate in a circular open space having a radius at the outside of the pavement of at least fifty (50) feet and a diameter at the outside of the right-of-way of at least one hundred twenty (120) feet. A cul-de-sac greater than six hundred (600) feet in length, shall require approval of the Planning and Zoning Commission based on the following criteria: low density development such as "R-1" or "R-2," topography, and environmental factors as determined by the Planning and Zoning Commission.
Proposed streets which are continuations of, or in alignment with, existing named streets shall bear the names of such existing streets, unless otherwise approved by the Commission.
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.
All names of streets proposed by the subdivider shall be approved or disapproved by the Commission in accordance with this Chapter.
Alleys. Alleys shall be provided to give access to the rear of all lots used for commercial and industrial purposes except where other provisions are made for access. Alleys may be required in certain residential subdivisions by the Planning and Zoning Commission.
Streets In Relation To Railroads, Expressways, Freeways, And Parkways. When the area to be subdivided adjoins or contains, for a considerable distance, a railroad right-of-way, an expressway or freeway, a street shall be provided approximately parallel to the side of such right-of-way. In determining the distance of such parallel street from the right-of-way, consideration shall be given to the distance required for approach grades to future grade separations.
Length. Block lengths shall not exceed one thousand four hundred (1,400) feet nor be less than four hundred (400) feet in length. If the topography justifies a departure from the stated maximum length, such variance shall require approval of the Planning and Zoning Commission. Excess grades on intersecting streets may be considered justification.
Width. Blocks shall be at least wide enough to allow two (2) tiers of lots of minimum lot depth. The Commission may approve double frontage lots which would otherwise front on a major street or where topographic or other tract conditions prevent single frontage design. Where double frontage lots are permitted, a twenty-foot landscaped buffer shall be provided and access from the "rear" street prohibited.
Pedestrian Way. Pedestrian ways may be required across blocks which exceed nine hundred (900) feet in length, to connect dead-end streets, or to provide access to parks, schools, shopping areas, or similar facilities. If a pedestrian way is required a ten (10) foot right-of-way shall be set aside with a four (4) foot pavement, and at a grade no steeper than fifteen percent (15%) unless steps of adequate design are provided.
Minimum Width. The minimum width of a residential lot shall be seventy (70) feet at the front setback line.
Arrangement. Each lot shall be free from flooding. No lot shall be impractical of improvement due to steepness of terrain, dangerous soil conditions, stormwater collection, or other adverse natural physical conditions. Side lot lines shall be at right angles to street lines and radial to curved street lines where practical.
The size, shape, and orientation of lots shall be designed to provide desirable building sites, properly related to topography, natural features, streets, and land uses.
Residential lots not served by a sewage disposal system shall have a lot area of not less than twenty-one thousand seven hundred eighty (21,780) square feet, or such area as may be determined to be necessary by the Commission. (See Section 410.070).
Residential lots served by public sewers shall have a lot area of not less than eight thousand (8,000) square feet and a minimum depth of one hundred ten (110) feet. (See Section 410.070 for steep slope requirements.)
The minimum lot area of residential lots proposed to be served by individual private wells shall be as determined by the Commission and the Missouri Department of Natural Resources in accordance with the factors of soil conditions, and the proposed sewage disposal system.
Remnants of land, containing less area than herein required and not designated and accepted for utility or public purposes, shall not be permitted.
Where property is proposed for development for commercial uses, the subdivider shall design a layout providing for an overall or unified development, and where possible, avoid the platting of individual lots for each business establishment.
When property is to be developed for industrial uses, consideration will be given to a flexible lot, street, and utility arrangement in order to allow for the needs of particular industries.
Utility And Drainage Easements.
Except where alleys are permitted or required, there shall be utility easements at least twelve (12) feet in width along rear lot lines. Where deemed appropriate, utility easements shall be provided along the side lot line or across lots.
Stormwater easements and drainage rights-of-way shall be required as deemed necessary. The subdivider shall provide an adequate easement and facilities to prevent flooding or erosion along each side of the stream. This easement shall be for any flood abatement purpose as determined by the Commission and any local or State agencies so concerned. The subdivider may be required to enlarge, straighten, or clear the existing drainage channel at time of construction to prevent altering of downstream or upstream drainage.
Community Assets And Public Areas. Due regard shall be given to: natural features such as large trees, unusual rock formations, and watercourses; sites which have historical significance; and for similar assets, the preservation of which would add attractiveness and value to the subdivision. Sites which are mutually accepted by the subdivider and the appropriate public agencies for school, park, recreation, or other public improvements or uses shown on the comprehensive plan shall be reserved and designated for such uses on the plat of any subdivision in which such a parcel is located.
[R.O. 1993 § 410.050; Ord. No. 86-1900, App. A § V, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
Procedure. The owner or developer is required to have all subdivision improvements/infrastructures, including sidewalks (if required), completed prior to the filing of the final plat. The subdivider shall employ a licensed engineer to prepare the final subdivision plat for final review and recording. The subdivider shall file the final plat and supplements thereto on linen, mylar or similar durable reproducible material, together with sufficient copies. The sheet size shall be of sufficient size to clearly delineate the features. The plat and supplementary material shall be submitted to the Planning and Zoning Director by the subdivider to be reviewed.
Information Required On Final Plat.
This final plat shall be at a scale no less than two hundred (200) feet to the inch and shall contain the following information:
The name of the subdivision and the location of the property as to the block, section or United States Survey as the case may be.
The boundaries of the tract.
The lines of all street rights-of-way, easements, and other rights-of-way, all lot lines and building lines with figures showing specific dimensions in decimals of a foot.
Specific bearings or deflection angles, radii, area and central angles of all curves.
The lines of all pertinent adjoining lands and streets and their names.
Location and description of monuments referenced to United States Geological Survey Datum Plan.
The designation of all areas to be used for other than residential lots and their proposed use.
If the property is within or adjacent to areas subject to periodic inundation, note overflow areas subject to periodic flooding.
Certification and seal of surveyor as to accuracy of survey and plat.
Acknowledgment of the owner and mortgagee regarding plat and all dedications, restriction and conditions affecting property platted.
All documents, maps, surveys and plans shall contain the date, title, name and location of the subdivision, the names and addresses, and seals (if applicable) of the subdivider, owner, architect, surveyor and engineer, the graphic scale and reference north based on an established control.
All dimensions, angles, bearings and similar data shall be tied to primary control points designated by a registered surveyor. Locations and descriptions of said control points shall be given. Except where otherwise approved by the Commission, the control point shall be established section corners and quarter section corners or other recorded or established survey controls. All contours, grades and elevations shall, where possible, use the United States Geological Survey Datum Plan and shall be designated on the plat. When not deemed practical, other bench points may be utilized on the approval of the Planning and Zoning Commission.
Supplemental Information Required With Final Plat. The subdivider shall file with the final plat the following:
Copies of the as-built drawing of all subdivision improvements, such as streets, sewers, storm drains and structures, including grading plans, if required.
The bond or escrow agreement in the form required by this Chapter.
A copy of any indenture of restrictions as approved by the Commission.
Review Of Final Plat.
The City staff shall check the plat to determine the accuracy of computations and other items designated thereon. Upon approval from City staff, the final plat shall be forwarded to the Planning and Zoning Commission for approval or disapproval and acceptance and dedication of all required infrastructure at its first regular meeting [not less than ten (10) days nor more than thirty (30) days following submission] following submission of the final plat and supplemental data. If approved, the Commission shall make recommendation to the City Council. Copies of the final plat containing any area proposed to be dedicated to public use shall be forwarded by the Commission to the City Council for its consideration and action. When the final plat has been approved by the Commission, a copy thereof shall be forwarded to the individuals and agencies listed below:
The Commission actions shall be noted on the plat and signed by the Chairman for the Commission. If the plat is disapproved, the grounds therefor shall be stated in the Commission minutes and furnished to the subdivider.
After approval of the City Council, at least one (1) permanent recorded copy of the plat and any indenture of restrictions shall be filed with the County Clerk by the subdivider. Two (2) permanent recorded copies of the plat and any indenture of restrictions shall be filed with the City of Aurora by the subdivider. Recordation shall not take place until after appropriate fees are paid by the subdivider. No building permits shall be issued until such recordation.
[R.O. 1993 § 410.060; Ord. No. 86-1900, App. A § VI, 3-10-1986]
General Standards. The Commission may grant a variation from these regulations when its strict application would result in extreme practical difficulty and undue hardships by reason of the unusual shape of a specific parcel or property or exceptional topographic conditions. In granting any variance or modification, the Commission may prescribe such conditions as will secure the objectives of these regulations. No variance shall be granted unless the Commission finds that no detriment will be caused to the public welfare and no injury will be caused to other property in the area in which the property for which the variance is requested is situated, and that the variance will not substantially impair the intent and purpose of these regulations.
Planned Residential Developments. The Commission may approve a comprehensive planned residential development, including residential neighborhood units, clusters, and condominium types, if it finds that the variations from these regulations will not adversely affect the health, welfare, safety, and convenience of the individuals occupying said development. Such development plan must meet the requirements of the zoning regulations.
Minor Subdivision. The information required on the final plat and the improvements to be installed for a minor subdivision shall be as designated by the Commission.
[R.O. 1993 § 410.070; Ord. No. 86-1900, App. A § VII, 3-10-1986; Ord. No. 88-1964 § 3, 3-14-1988]
Notwithstanding any of the provisions of these regulations, the following requirements shall constitute the minimum standards of design, and improvements in proposed subdivisions of areas containing hilly or steep slope conditions. Any engineering variation from the standards herein provided must be fully substantiated by satisfactory engineering justification to the Planning and Zoning Commission before deviations by the Commission will be approved. The subdivider shall follow all requirements contained herein for filing preliminary and final plats.
The Commission may permit a deviation in the front yard setback areas in order to permit garages and driveways to be placed at street level. Where excess lot slopes are to be used as building sites, the subdivider shall show on the plat the location of all buildings or structures proposed. No structure or building shall be permitted to project into a street right-of-way.
Lesser widths of rights-of-way, pavements, and accessory elements as required in Section 410.040 may be approved by the Commission upon its determination that the cross slope will not permit compliance with provisions therein.
In subdivisions or portions thereof having lots of a minimum area of one (1) acre, the following standards should apply:
Street grades for minor residential streets may be increased to twenty-five percent (25%), provided that straight curbs are installed.
Rights-of-way widths may be reduced to thirty (30) feet, with a minimum pavement width of eighteen (18) feet, if straight curbs are installed on at least one (1) side of the street.
Integral curbs may be permitted.
Pavements and curbs shall be constructed in accordance with the requirements in force.
Design standards and improvement requirements for horizontal and vertical street curves may be reduced to a seventy-five-foot radius for minor streets. Standards for street grades shall be the same as Section 410.040(A)(1)(f), except that some grades on minor streets may be permitted up to twenty percent (20%) for short straight distances. All streets which have grades of fifteen percent (15%) or more shall have straight curbs installed.
Grading Plan. Contour lines of five-foot intervals shall be shown on the plat where the average slopes exceed six percent (6%). Where slopes in excess of fifteen percent (15%) occur, the preliminary plat shall indicate the general location and magnitude of all cuts and fills. A grading plan shall be submitted with the preliminary plat showing how the proposed grading will affect the drainage of the surrounding area and the nature of the improvements which are proposed, if the average slope of the hillside subdivision is in excess of twenty-five percent (25%).
Cut And Fill Areas.
Cuts, excavation, grading and filling, where same materially changes the site and its relationship to the surrounding property, shall not be permitted if such excavation, grading, or filling results in slopes in excess of twenty-five percent (25%) except where adequate engineering facilities are constructed to prevent slides and erosion.
Where a cut or fill area is outside the normal right-of-way of the street, an easement shall be provided of sufficient width and area to permit the required side slopes, drainage channels, warping and rounding of cross section to be constructed and maintained.
Structures or buildings, when located near cuts or fills, shall have a setback line of not less than ten (10) feet from the crest of fills up to twenty-five (25) feet in height and the distance will be increased proportionally for higher fills. On cuts, a building or structure shall have a setback line of not less than twenty (20) feet distant from the base of the slope.
In any fill area, satisfactory compaction of fill is mandatory. Compaction of a lesser density, as determined by the Commission, may be permitted in those areas where no building or structure is to be placed.
Stormwater Drainage System. The improvement plans for an adequate stormwater drainage system, including all necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, and other necessary structures, and improvements which are required for the proper drainage of all surface waters shall be provided. This system must prevent the infiltration of water in areas of fills or cuts thereby causing the land to slip or collapse. Adequate provision and maintenance must be made for on-lot drainage channels and control of erosion on slope areas for either cuts or fills.
Water Supply System. Where applicable, the improvement plans for the water supply system installation shall be approved by local officials and the governing body prior to the submission of the final plat.
Sewage Disposal System. The improvement plans for the sewage disposal system installation shall be approved by local officials and the governing body prior to the submission of the final plat.
Utility Connections. Connection between stormwater drainage systems and sewage disposal systems shall not be permitted.
[R.O. 1993 § 410.080; Ord. No. 86-1900, App. A § VIII, 3-10-1986; Ord. No. 88-1964, § 1, 3-14-1988; Ord. No. 2005-2667 § 1, 11-22-2005; Ord. No. 2006-2710 § 1, 2-14-2006]
The following improvements shall be required of the subdivider subject to adopted Council policies:
Streets. The subdivider shall install not less than twenty-eight-foot-wide pavement and curb on all streets. No grading or other construction shall take place within a street right-of-way until the construction plans have been approved by the Building Official. Street paving shall be located in the center of the right-of-way and shall conform to the specifications of the City of Aurora, and compliance therewith shall be confirmed by the Building Official prior to release of surety by the City Council.
Alleys. If alleys are required by these regulations or by the Planning and Zoning Commission or are permitted, then they shall be constructed of chip and seal not less than seven (7) inches thick [six (6) base] unless traffic loading requires additional construction. Any alley construction requires approval of the Planning and Zoning Commission.
Storm Drainage. The subdivider shall install culverts, storm sewers, rip-rap slopes, stabilized ditches and other improvements to adequately handle stormwater. All structural improvements shall comply with the Building Code adopted by the City and shall be approved by the Building Official prior to construction.
Sanitary Sewers And Other Utilities. The subdivider shall be responsible for the proper installation of all utilities, including sanitary sewers, and connection to approved treatment facilities, and water supply (approved by the Missouri Department of Natural Resources), natural gas, electricity and telephone service. Such utilities shall be installed according to the specifications and minimum standards of the controlling utility company or public agency. However, distribution lines, power, telephone and others within the subdivision shall be installed underground and all gas meters must be located within three (3) feet of the building foundation if located within front yards in all subdivisions and which the final plat is approved by the City Council after the passage of these regulations. Utility sleeves shall be provided at the time of street construction for extensions of water mains and other utilities. Locations and sizes shall be determined by the Building Official.
Grading of land within the fifty-year floodplain or watercourse designated and delineated as being subject to flood hazard shall not be permitted unless sufficient topographic and hydrologic data developed by a licensed engineer or qualified geologist is presented to the Commission indicating that such action shall not have detrimental influence on the flow characteristics of the stream or watercourse.
Sediment basins may be required by the Commission to remove sediment from runoff waters from areas being developed.
[R.O. 1993 § 410.090; Ord. No. 86-1900, App. A § IX, 3-10-1986; Ord. No. 93-2131 §§ 1 — 2, 12-20-1993; Ord. No. 2003-2549, 7-8-2003]
The proper installation of street pavement, curbs, or curb and gutter, walks, storm drainage facilities, and street signs shall be guaranteed by the subdivider or his/her agent of surety in the form of surety bond, cashier's check, escrow account, irrevocable letter of credit from a recognized lending agency, or other like surety. Such surety shall be to the favor of the City and shall be satisfactory at the time construction plans are submitted for approval and prior to issuance of building permit. The amount of surety shall be for one hundred percent (100%) of the full cost of improvements as estimated by a registered professional engineer licensed to practice in the State of Missouri and shall remain in effect until final acceptance of all improvements by the Planning and Zoning Commission and acceptance of the performance surety.
Such surety shall be properly executed prior to any grading or construction and may be released in segments upon written approval of the Planning and Zoning Commission and by action of the City Council. A building permit shall not be issued for any lot or tract in a residential subdivision which abuts a street for which surety has not been furnished.
Performance Surety. In addition to the above surety requirement, a performance bond or irrevocable letter of credit from a recognized lending agency to the favor of the City of Aurora shall be provided by the subdivider, including all streets, curb and gutter, alleys, sidewalks, sanitary sewer installation, storm sewer installation and drainage structures. Such surety shall be in effect prior to acceptance of the improvements and shall remain in effect for a period of one (1) year from acceptance. The performance bond or letter of credit shall be in an amount not less than twenty-five percent (25%) of the installation surety. Such irrevocable letter of credit shall be approved by the Aurora City Attorney.
[R.O. 1993 § 410.100; Ord. No. 86-1900, App. A § X, 3-10-1986]
The Planning and Zoning Commission shall require from a registered professional engineer, a certificate, which is affixed to the final plat, certifying that the engineer has inspected all of the improvements installed and that the material contained therein meets the requirements contained in the plans and specifications as approved by the Commission.
[R.O. 1993 § 410.110; Ord. No. 86-1900, App. A § XII, 3-10-1986]
[R.O. 1993 § 410.120; Ord. No. 86-1900, App. A-I, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
Prior to the preparation of a preliminary plat for review by the Planning and Zoning Commission, the subdivider and/or his/her engineer shall submit a sketch plat and consult the City staff, County, Board of Education and Department of Natural Resources to determine particular requirements of each agency. Approval of the sketch plat is an authorization to the subdivider to proceed with the development of a preliminary plat and plan and profiles for approval. The following items should be checked:
Availability of an approved public sanitary sewer system.
Availability of an approved public water system.
Availability of storm sewers.
Street right-of-way requirements.
Zoning of the property to be subdivided.
Zoning of adjacent land.
Lot area requirements.
Building setback requirements.
Park site requirements.
School site requirements.
Data to be shown on the preliminary plat.
Data to be shown on the final plat.
[R.O. 1993 § 410.130; Ord. No. 86-1900, App. A-I, 3-10-1986; Ord. No. 2008-2788 § 1, 3-25-2008]
Following the pre-application procedure, the subdivider shall prepare or cause to be prepared a preliminary plat and plan and profiles incorporating the requirements found in the pre-application. Ten (10) copies of the preliminary plat shall be filed with the Planning and Zoning Director.
Upon receipt of the required copies of the preliminary plat, the Planning and Zoning Director shall distribute copies as required by Section 410.030(B) for review and report on needs for easements and other requirements.
The Planning and Zoning Director shall check the plat and review reports from the various departments and organizations. If the plat complies with all the requirements of the subdivision regulations, it shall be placed on the Planning and Zoning Commission agenda for review and action. If said plat is found not in compliance with the subdivision regulations, the plat shall be returned to the subdivider for compliance. A letter of transmittal from the Planning and Zoning Director shall state reasons of non-compliance.
A letter of transmittal shall be prepared and submitted with the preliminary plat. The letter of transmittal shall include the following data:
Name of the subdivision.
Name, address and phone number of the subdivider.
Name, address and phone number of the landowner if not the same as the subdivider.
Name, address and phone number of the engineer or designer.
Area of tract in acres.
Number of lots in the subdivision.
Minimum lot size in square feet.
Average lot size in square feet.
Type of water system proposed.
Type of sanitary sewer system proposed.
Type of storm sewer system or drainage system proposed.
Approval of all or any part of the preliminary plat by the Planning and Zoning Commission does not constitute final approval.
[R.O. 1993 § 410.140; Ord. No. 86-1900, App. A-I, 3-10-1986]
Submission of the final plat shall conform to the requirements set forth in Section 410.050.