[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
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 an applicant presents evidence or data satisfactory
to the Planning and Zoning Commission establishing that the methods
proposed to meet any such condition are adequate to avoid any danger
to health, life or property.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
Before proceeding, the applicant shall familiarize themselves
with the standards established in these regulations along with the
provisions of the Comprehensive Plan affecting the applicant's project.
A pre-application conference is required prior to the preparation
of a plat and affords an applicant the opportunity to meet with the
Director of Community Development or his/her authorized representative
and receive assistance and exchange information before formal work
commences on a project. The conference consists of the following steps:
Contact the Community Development Department in Kearney,
Missouri at 100 East Washington.
With staff assistance, determine the legal description and
legal ownership of the land. Second, with staff assistance determine
the current zoning designation and intended use for the property to
be subdivided. If the land is not zoned for the intended use, review
the Kearney Comprehensive Plan and read the contents of the plan with
regard to future intentions.
The staff will review pertinent requirements for platting,
including roads, easements, physical arrangement and density, and
general regulations for public water/sewer connections. Preliminary
plans for providing water and sewage disposal shall be approved by
the applicable local agency or department for compliance with State
health agency regulations prior to filing a preliminary plat with
the Planning and Zoning Commission.
Contact a licensed Missouri land surveyor, registered P.E.
(Civil Engineer) or landscape architect to begin the initial phase
of subdivision. A Missouri licensed land surveyor must conduct the
actual certificate or survey of plat/condominium.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
Depending
upon circumstances at the time of preliminary plat review, the City
Administrator and/or Community Development Director, on behalf of
the Board of Aldermen and/or Planning and Zoning Commission, may require
additional information regarding, but not limited to, the following:
1.
Stormwater drainage study. Conceptual stormwater
management plan prepared by a licensed professional engineer, showing
techniques to control runoff including, but not limited to, natural
overland flow, open channels, swales, retention or detention basins.
All development shall control any stormwater drainage which occurs
off the property according to adopted City standards.
2.
Traffic impact study. Traffic impact study for large
developments or for those in heavy traffic areas. The specific purpose
of these studies is to:
3.
Park and open space plan. All proposed residential
development plats that propose to dedicate open space for public use
shall be accompanied with a "park and open space plan". The plan shall
address strategies to provide open space and recreation to the residents
of new housing developments and methods for connecting individual
residential lots to common facilities. The central elements of the
plan must revolve around the following:
a.
General common open space with a balanced effort to provide a mixture
of natural, undeveloped areas and space for accessible passive and
active recreation.
b.
Recreation facilities with a concentration of bike/walking paths
by the developer and active recreation areas by a homeowners' association.
c.
Residential or neighborhood park.
d.
Lot(s) reserved for community buildings.
e.
Conservation easements to preserve green edges, hedge rows, tree
corps and natural areas.
4.
Public safety analysis. All new commercial, industrial
and residential preliminary plats will prepare a public safety analysis
for review and approval by the Fire Chief of the Kearney Fire and
Rescue Protection District. The Fire Chief may waive or modify any
public safety requirement and is empowered to accept substitutions
or alternatives when necessary. The analysis shall include, but is
not limited to, the following data:
a.
The type, design, flow and capacity of the water supply system and
the capability of the designated Fire Department's ability to serve
compared to the location, nature and density of the proposed development;
b.
The number of fire hydrants to be furnished to serve the development;
c.
The spacing of the hydrants and/or refill points per thousands of
square feet and the maximum distance (usable distance not straight
line) to the proposed structures;
d.
Alternatives and contingency plans for public safety in very low
density and/or remote developments;
e.
Areas and/or facilities proposed for the location of critical emergency
services, including weather and security-related warning devices.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
Approval Of Water And Sewage Systems. Prior to filing the
application for a preliminary plat, the applicant shall obtain preliminary
approval from the applicable water supplier and wastewater sewage
system provider for water and sewage system preliminary plans.
B.
Submission Of Application. Application forms for preliminary
plats may be obtained from the Community Development Department. After
completing the required information for a preliminary plat, the applicant
may file the preliminary plat application, together with ten (10)
copies and a reproducible copy of the preliminary plat. Each sheet
size shall be limited to twenty-four (24) by thirty-six (36), unless
extreme conditions require a larger size to clearly delineate the
proposed subdivision. The application shall be accompanied by the
fee as specified. The application shall be accompanied by a list of
names and addresses of all property owners within one hundred eighty-five
(185) feet of the preliminary plat area, unless said application has
been submitted in conjunction with a rezoning request.
C.
Minor Plat Review Procedure. A person seeking to subdivide
land as a "minor subdivision" shall file a written statement with
the Planning and Zoning Commission indicating the nature of the transaction.
If it is determined that such transaction qualifies as a "minor subdivision",
the subdivider shall file a written statement with the Planning and
Zoning Commission indicating the nature of the transaction. If it
is determined that such transaction qualified as a "minor subdivision",
the subdivider may not be required to file the preliminary plat data
and may proceed with the preparation of a final plat as prescribed
herein.
D.
Notification. If required, not less than five (5) days prior
to the date of said review, notification letters shall be mailed to
all property owners within one hundred eighty-five (185) feet of the
proposed preliminary plat area.
E.
Fee Required. To partially cover the cost of administering
the procedures set forth in this Article, a fee in the following amount
shall be paid to the City of Kearney at the time the preliminary plat
is submitted: ten dollars ($10.00) per lot for the first ten (10)
lots plus two dollars ($2.00) for each lot over ten (10), the minimum
being one hundred dollars ($100.00) and no fee shall exceed seven
hundred fifty dollars ($750.00). The preliminary plat fee shall include
an additional notification charge, per the applicable first-class
postage rate, for each property owner within one hundred eighty-five
(185) feet, unless said application will be reviewed in conjunction
with a rezoning request. An additional fee in the amount of three
dollars ($3.00) per lot shall be paid with the submittal of the final
plat.
F.
Preliminary Plat. The preliminary plat is the main review
instrument used by the Planning and Zoning Commission. The Planning
and Zoning Commission must approve the preliminary plat, with any
notations, variances and changes, before the applicant can proceed
with the final platting stage. To accomplish this end, the Planning
and Zoning Commission shall have the following authority, options
and powers:
1.
The authority to require the modification of any plat to conform
to this Unified Development Code, including traffic, stormwater discharge
and recreation/open space plans or to modify or add conditions to
any plat when such action increases the public convenience, the goals
of the City Comprehensive Plan, supports property values or secures
the public health, safety and welfare.
3.
The authority to compel applicants to file easements necessary to
serve the residents of a development, protect the use and value of
neighboring property and to promote the public safety and welfare;
the authority to compel applicants to offer for dedication or reservation
such property as necessary to safely, conveniently and effectively
serve the general welfare, promote good standards of land use and
to advance the practice of natural resources preservation.
G.
Required Contents Of Preliminary Plat. Ten (10) copies of
the preliminary plat shall be drawn on high quality, twenty-four (24)
by thirty-six (36) inch reproducible paper unless specified otherwise
by the staff. In addition, ten (10) paper copies of the preliminary
plat shall be provided on an eleven (11) by seventeen (17) inch format.
All preliminary plats shall contain the following information.
1.
A north point and scale which is appropriate to the size of the development:
one (1) inch equals one hundred (100) feet is required unless another
scale is shown to be more appropriate and approved by the staff.
2.
A legal description and a current zoning designation.
3.
Names of applicant, subdivision and proposed street names.
4.
Name and seal of surveyor/engineer.
5.
Preparation date.
6.
Adequate legend and vicinity location map.
7.
Signature block and date for review by the Community Development
Director.
8.
Signature block and date for review by the City Engineering Consultant.
9.
Signature block and date for review by the Fire Chief.
10.
Complete delineation of all boundaries, existing easements, lots,
width and names of platted streets, together with courses, distances
and areas. Boundaries must be shown as solid lines and all easements
(proposed and existing) as dashed lines. Existing features such as
ponds, lakes, buildings and roads and adjacent exterior roads and
upstream watershed data, including estimated elevation of floodwaters
from a designated flood retarding dam breach must be included.
11.
A vicinity context sketch of the surrounding properties (with tract/lot
owner names), buildings, watercourses and general features within
one hundred eighty-five (185) feet of any boundary.
12.
Rights-of-way and/or existing or proposed easements to be created
for all drainage purposes, utilities, walkways, access and other purposes.
The location of the water/sewer distribution/collection system; the
plat must show that these systems touch upon each lot or in an easement
appurtenant to each lot; proposed means and location of sewage collection
and water distribution points.
13.
Total acreage and size of each lot provided in a lot data table.
14.
Contours at intervals of not more than ten (10) foot vertical intervals;
this requirement may be amended depending on terrain, location and
the nature of the project.
15.
Setbacks, yards and any entrance restrictions. Setbacks shall be
shown as a building envelope representing that portion of the lot
within the yards that can reasonably contain, depending upon watercourses,
topography or geology.
16.
Locations of fire hydrants.
17.
The location of storm drainage facilities and collection points and
water retention or detention facilities.
18.
The location of perimeter walls, landscape berms and/or fences.
19.
The location and size of entry signs.
20.
A copy of the proposed restrictive covenants, conditions and restriction
and homeowners' association(s).
21.
Location and size of proposed parks, playgrounds, churches, school
sites or special uses of land to be considered for dedication for
public use or to be reserved by deed of covenant for the use of all
property owners within the subdivision.
22.
Stage(s) of development if the total area is not proposed to be developed
as one (1) unit.
23.
Proposed land uses.
H.
Review Of The Preliminary Plat. Within approximately thirty
(30) days after submission of all of the data hereinabove required,
the Planning and Zoning Commission shall review and make a report
thereon at its first (1st) regular meeting. It shall approve (with
or without conditions) or disapprove the preliminary plat, including
the plans and profiles of all improvements. Action shall be noted
on two (2) or more copies of the preliminary plat and signed by the
Planning and Zoning Commission. One (1) copy shall be returned to
the applicant and one (1) copy retained by the Planning and Zoning
Commission for record. 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 Planning and Zoning Commission
within one (1) year from the date of the approval of the preliminary
plat. A maximum of two (2) years extension of time may be granted
by the Planning and Zoning Commission upon application to the Planning
and Zoning Commission by the subdivider and prior to the expiration
of the initial approval.
I.
Approved Preliminary Plat. Approval of the preliminary plat
is an authorization to the subdivider to proceed with the development
of a final plat for approval.
J.
Minimum Design Standards For Preliminary Plats. No preliminary
plat shall be approved unless it conforms to the following minimum
standards of design and the standards and specifications concerning
design and construction for grading and site preparation, streets
and paving, seeding and sodding, sanitary sewer systems, stormwater
systems, water lines and other supplementary requirements as adopted
by the City of Kearney. In any instance where the standards are not
applicable or not complete for any particular situation, the Planning
and Zoning Commission may allow modification.
1.
Streets. In any new subdivision, the street layout shall conform to the arrangement, width and location indicated on the major street plan, Comprehensive Plan or any other planned district or site plan as approved under the provisions of Chapter 405, Zoning Regulations. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the terrain, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land served by such streets and to the most advantageous development of the adjoining area. Each lot within the subdivision shall provide access to a public street.
2.
Proposed streets shall extend to the boundary line of the tract being
subdivided unless prevented by topography or other physical conditions;
or unless in the opinion of the Planning and Zoning Commission such
extension is not necessary or desirable for the coordination of the
layout of the subdivision or for the advantageous development of the
adjacent tracts. (See Section on dead-end roads.)
a.
Street classification. All streets shall be classified
as either major arterial, minor arterial, collector, local or residential
access streets 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 Planning
and Zoning Commission and revised as necessary to conform to the standards
of these regulations.
b.
Buffer strips. This includes treatment of railroad
right-of-way and limited access highways. Wherever the proposed subdivision
contains or is adjacent to a railroad right-of-way or limited access
highway or where lots back onto a public street, the subdivision shall
provide the following treatment: In residential districts a buffer
strip at least fifty (50) feet in depth, in addition to the normal
required lot depth, shall be provided adjacent to the railroad right-of-way
or limited access highway. This strip shall be a part of the platted
lots and shall have the following restriction lettered on the face
of the plat.
"This strip reserved for the planting of trees or shrubs by
the owner; the building of structures hereon is prohibited."
c.
In commercial and industrial zoning districts, provisions shall be
made on each side of the railroad right-of-way or limited access highway
for streets approximately parallel to and at a distance from such
right-of-way or highway suitable for the appropriate use of the land
between such streets and right-of-way, but not less than fifty (50)
feet.
d.
Streets parallel to the railroad right-of-way or limited access highway
shall, when intersecting a major street and highway or a collector
street, be located at a minimum distance of two hundred fifty (250)
feet from said right-of-way or highway. Such distance, where desirable
and practicable, shall be determined with due consideration of the
minimum distance required for the future separation of grades by means
of appropriate approach gradients. Location of minor streets immediately
adjacent and parallel to railroad right-of-way shall be avoided.
3.
Limited access and distance between access points. Wherever the proposed subdivision contains or is adjacent to a highway,
major arterial or collector street, adequate protection of residential
properties shall be provided by a limitation of access reservation
along the property lines to achieve the following sight distance and
separation of access points:
|
|
Highways
|
Three hundred fifty (350) feet
|
|---|---|---|
|
|
Major arterial
|
Two hundred fifty (250) feet
|
|
|
Collector streets
|
One hundred fifty (150) feet
|
4.
Intersections.
a.
Streets shall intersect each other at as nearly right angles as permitted
by topography or other limiting factors of good design. The number
of streets converging at one (1) intersection shall be reduced to
two (2) with no more than four (4) approaches to an intersection without
the specific approval of the Planning and Zoning Commission.
b.
The number of intersections along major streets shall be held to
a minimum.
c.
Property lines at street intersections shall be rounded with a minimum
radius of fifteen (15) feet. A greater radius may be required by the
Planning and Zoning Commission where traffic justifies.
d.
Local streets need not continue across major or minor arterial or
collector streets; but if the centerlines of such local street approach
arterial or collector streets from opposite sides thereof within one
hundred (100) feet of each other, measured along the centerline of
a major or minor arterial or collector street, their location shall
be adjusted so that the alignment across the major or minor arterial
or collector street is continuous and a jog is avoided.
5.
Dead-end roads.
a.
Where a road does not extend to the boundary of the subdivision and
its continuation is not required by the Planning and Zoning Commission
for access of adjoining property, its terminus shall normally not
be nearer to such boundary than fifty (50) feet; however, the Planning
and Zoning Commission may require the reservation of an appropriate
easement to accommodate drainage facilities, pedestrian traffic or
utilities. A circular turnaround shall be provided at the end of a
permanent dead-end street in accordance with City construction standards
and specifications.
b.
For greater convenience to traffic and more effective police and
fire protection, permanent dead-end street or cul-de-sac streets shall
not exceed five hundred (500) feet in length without approval of the
Planning and Zoning Commission.
c.
In cases where the Planning and Zoning Commission determine a temporary
turnaround is required, it may be constructed without curb and gutter
but must meet all other design criteria, at the developer's expense.
When a dead-end street with temporary turnaround, whether on or off
site, is extended, the developer extending the street shall be responsible
for removing the turnaround facilities, constructing the extension
or cul-de-sac to the standards in these regulations and restoring
the affecting area.
6.
Street right-of-way width and setback. The minimum
right-of-way of all proposed streets and setback and curb to curb
requirements shall be as follows:
|
TABLE 1
MINIMUM RIGHT-OF-WAY AND CURB TO CURB REQUIREMENTS
| |||
|---|---|---|---|
|
Type of Street
|
Right-of-Way
|
Back of Curb to Back of Curb
|
Front Yard Setback
|
|
Highway — Class III Standard four (4) lane
|
80 feet
|
52 feet
|
50 feet
|
|
Thoroughfare — Major Collector
|
60 feet
|
41 feet
|
40 feet
|
|
Collector —
Minor Collector
|
60 feet
|
33 feet
|
30 feet
|
|
Minor Street — Residential Street
|
50 feet
|
28 feet
|
25 feet
|
|
If lot is on existing street, subdivider must either dedicate
additional land or increase setback equal to one-half (½) of
required road right-of-way plus normal setback.
|
7.
Street surface. All roads and streets shall be surfaced
to City standards. No road or street shall be accepted by the City
until at least twelve (12) months after its completion. All maintenance
prior to acceptance shall be the responsibility of the developer.
All cul-de-sac streets shall terminate in a circular turnaround having
a minimum right-of-way diameter of one hundred (100) feet.
8.
Street grades.
a.
Unless necessitated by exceptional terrain and subject to the approval
of the Planning and Zoning Commission, the maximum street grades shall
not exceed the following:
|
TABLE 2
MAXIMUM STREET GRADES
| ||
|---|---|---|
|
Type Of Street
|
Maximum Grade In Percentage
| |
|
Highway
|
7%
| |
|
Major of minor arterial
|
7%
| |
|
Collector
|
8%
| |
|
Minor Street
|
10%
| |
|
Cul-de-sac
|
10%
| |
|
Pedestrian ways
|
15%
| |
b.
All changes in street grade shall be connected by vertical curves
and be designated for safe stopping sight distances.
c.
Street grades shall be established wherever practicable in such a
manner to avoid excessive grading or promiscuous removal of ground
cover and tree growth and general leveling of the terrain. Grades
so established will reduce hazards by maintaining adequate sight distances
for the classification of street and speeds.
9.
Radii of curvature. A circular curve shall be introduced
having a radius of curvature on centerline of not less than the following:
|
TABLE 3
MINIMUM CURVE RADIUS
| ||
|---|---|---|
|
Type of Street
|
Minimum Curve Radius
| |
|
Highway
|
500 feet
| |
|
Major or minor arterial
|
250 feet
| |
|
Collector
|
200 feet
| |
|
Minor (local street)
|
150 feet
| |
|
|
A minimum tangent length of one hundred (100) feet shall be
provided between curves of opposite direction on major and collector
streets.
|
10.
Half streets. Where an existing dedicated or plated
half street is adjacent to the tract being subdivided, the other half
of the street right-of-way shall be dedicated by the subdivider in
conformance with the requirements of the major street plan. Half a
street dedications for minor streets are not permitted, unless there
is a satisfactory agreement with the City that both adjacent developers
agree to dedicate and construct one-half (½) of the street
each. Where the major street plan locates a proposed street along
the perimeter of a subdivision, a half street dedication shall be
permitted if the Planning and Zoning Commission can be assured of
the dedication of the other half within a reasonable time. If not,
the minimum dedication of fifty (50) feet must be provided and improved
accordingly.
11.
Street names.
a.
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 Planning and Zoning Commission.
b.
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.
c.
All names of streets proposed by the subdivider shall be approved
or disapproved by the Planning and Zoning Commission in accordance
with this Article.
12.
Greenways. If greenways or drainage ways influenced
by topographical features such as streams or ponds, ravines, wooded
areas or other natural features are to be provided within the proposed
plat, their width and location shall be determined as may be deemed
necessary to preserve such features.
13.
Easements.
a.
The Planning and Zoning Commission may require easements of a minimum
width of five (5) feet on each side of all rear lot lines and on side
lot lines where necessary or advisable for wires, conduits, sanitary
sewers, gas, water, power and other utility lines.
b.
Suitable drainage easements as required by the Planning and Zoning
Commission shall be dedicated on the subdivision plat to provide for
the natural drainage of stormwater through the plat and in consideration
of proposed improvements.
c.
The minimum width for drainage easements shall be not less than fifteen
(15) feet and shall provide for conveyance of a 100-year storm flow
with additional width of not less than ten (10) feet for construction
and maintenance equipment and operations.
d.
These drainage ways shall be improved to the extent necessary to
properly accommodate storm flows in a manner to eliminate erosion
and possible loss and damage to life, land and property.
e.
The location, width and alignment of such drainage easements and
the improvement and extent of such improvements shall be subject to
the approval of the Planning and Zoning Commission.
14.
Block design.
a.
Blocks.
(1)
The lengths, widths and shape of blocks shall be suited for
the planned use of the land, zoning requirements, need for convenient
access, control and safety of street traffic and the limitations and
opportunities of the terrain.
(2)
Block lengths in residential areas shall not, as a general rule,
be less than six hundred (600) feet in length between street lines
unless dedicated by exceptional terrain or other limiting factors
of good design.
(3)
Blocks shall have sufficient width to provide for two (2) tiers
of lots of appropriate depth except where otherwise required to separate
residential development from through traffic.
(4)
Pedestrian ways or crosswalks of not less than ten (10) feet
in width shall be provided near the center and entirely across any
block which is nine hundred (900) feet or more in length or where
deemed essential, in the opinion of the Planning and Zoning Commission,
to provide adequate pedestrian circulation or access to schools, shopping
centers, churches, parks or transportation facilities.
b.
Water bodies and watercourses. If a tract being
subdivided contains a water body or portion thereof, lot lines shall
be so drawn as to distribute the entire ownership of the water body
among the fees of adjacent lots. The Planning and Zoning Commission
may approve an alternative plan whereby the ownership of and responsibility
for safe maintenance of the water body is so placed that it will not
become a City responsibility. No more than twenty-five percent (25%)
of the minimum area of a lot required under the zoning ordinance may
be satisfied by land which is under water. Where a watercourse separates
the buildable area of a lot from the street by which it has access,
provisions shall be made for installation of a culvert or other structure.
15.
Lot Design.
a.
Arrangement. Each lot shall be free from flooding.
No lot shall be impractical of improvement due to steepness of terrain,
dangerous soil conditions or other adverse natural physical conditions.
Side lot lines shall be at right angles to street lines and radial
to curved street lines, unless deemed impractical.
16.
Public uses and service areas. In the design of
the plat, due consideration shall be given to the dedication of suitable
sites of adequate area for future schools, parks, playgrounds, drainageways
and other public purposes. In the location of such sites, consideration
shall be given to the preservation of scenic and historic sites, stands
of mature trees, marshes, lakes and ponds, watercourses, watersheds
and ravines.
17.
Suitability of land. Land subject to flooding, improper drainage or erosion, extreme topography or for other reasons is unsuitable for development shall not be platted for any use that will constitute a danger to health, safety or property destruction, except for developments in compliance with the Floodplain Overlay District. See Article XXII of Chapter 405, Zoning Code.
18.
Dams and retention basins.
a.
Dams. Where dams are proposed in any subdivision,
they shall be designed by professional engineers registered in the
State of Missouri. A preliminary engineering report, including soil
investigations and design procedures, shall be submitted with the
preliminary plat. When a dam is planned on private property, the engineer
shall certify that the dam is constructed in accordance with the approved
plans and specifications.
b.
Retention basins. When the development of a subdivision
will increase the runoff of stormwater onto adjoining properties,
retention basins shall be required on site to control the rate of
runoff.
19.
Community assets. Due regard shall be given to natural features such as large trees, unusual rock formations and watercourses; for sites which have historical significance; and for similar assets, the preservation of which would add attractiveness and value to the subdivision. The provisions of Article XXIV, Site Development Standards in Chapter 405, Zoning Code shall be followed when designing a preliminary plat.
20.
Water supply system. Where applicable, the improvement
plans for the water supply system installation shall be approved by
local officials and the Board of Aldermen prior to the submission
of the final plat.
21.
Sewage disposal system. The plans for the sewage
disposal system, whether community or individual system installation,
shall be reviewed by the applicable department or agency prior to
the submission of the final plat.
22.
Utility connections. Connections between stormwater
drainage systems and sewage disposal systems shall not be permitted.
23.
Street lighting. The subdivider or developer shall
coordinate installation of street lights with the appropriate utility
company. Street lights shall generally be located at street intersections,
at the end of cul-de-sacs and along uninterrupted streets at approximately
three hundred (300) foot intervals.
24.
Non-residential subdivision.
a.
General.
(1)
If a proposed subdivision includes land that is zoned for commercial
or industrial purposes, the layout of the subdivision with respect
to such land shall make such provision as the Planning and Zoning
Commission may require pursuant to these regulations.
(2)
A non-residential subdivision shall be subject to all the requirements set forth in Chapter 405, Zoning Code. Site plan approval and non-residential subdivision plat approval may proceed simultaneously at the discretion of the Planning and Zoning Commission. A non-residential subdivision shall also conform to the proposed land use and standards established in the Comprehensive Plan.
b.
Standards. In addition to the principles and standards
in these regulations, which are appropriate to the planning of all
subdivisions, the subdivider shall demonstrate to the satisfaction
of the Planning and Zoning Commission that the street, parcel and
block pattern proposed is specifically adapted to the uses anticipated
and takes into account other uses in the vicinity. The following principles
shall be observed:
c.
Special requirements may be imposed by the City with respect to street,
curb, gutter and sidewalk design and construction.
d.
Special requirements may be imposed by the City with respect to the
installation of public utilities, including water, sewer and stormwater
drainage.
e.
Every effort shall be made to protect adjacent residential areas
from potential nuisance from the proposed subdivision, including the
provision of extra depth in parcels backing upon existing or potential
residential development and provisions for permanently landscaped
buffer strips when necessary.
f.
Streets carrying non-residential traffic, especially truck traffic,
shall not normally be extended to the boundaries of adjacent existing
or potential residential areas.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
Procedure. The subdivider shall file the final plat and
supplements thereto on linen, mylar or similar durable material, together
with ten (10) copies, including an eleven (11) inch by seventeen (17)
inch reproducible copy thereof. The sheet size shall be of sufficient
size to clearly delineate the features. The plat and supplementary
material shall be submitted to the Community Development Department
by the subdivider and within approximately thirty (30) days after
submission of all of the data required below, the Planning and Zoning
Commission shall review and make a report thereon at its first (1st)
regular meeting. The filing fee in the amount of three dollars ($3.00)
per lot shall accompany each final plat when submitted to the Planning
and Zoning Commission for approval. The final plat shall be prepared
by a licensed land surveyor in accordance with the specific features
as follows:
1.
The final plat shall be drawn at a scale of at least one (1) inch
equals one hundred (100) feet or larger. The size of sheets on which
such final plats are submitted shall be at least eight and one-half
(8½) inches by eleven (11) inches and shall not exceed twenty-four
(24) inches by thirty-six (36) inches.
Where the proposed plat is of unusual size, the final plat shall
be submitted on two (2) or more sheets of the same dimensions. If
more than two (2) sheets are required, an index sheet of the same
dimensions shall be filed showing the entire development at a smaller
scale.
2.
Name of subdivision (not to duplicate or too closely approximate
the name of any existing subdivision).
3.
Location of section, township, range, County and State and including
descriptive boundaries of the subdivision based on an accurate survey.
The allowable error of closure of any portion of a final plat shall
be in accordance with the Director of Community Development's official
order or as amended.
4.
Location of lots, streets, public highways, parks, parkways and other
features, with accurate dimensions in feet and decimals of feet, with
the length of radii and/or arcs of all curves and with all other information
necessary to reproduce the plat on the ground. Dimensions shall be
shown from all angle points and points of curve to lot lines.
5.
Lots shall be numbered clearly. If the blocks are to be numbered
or lettered, these should be shown clearly in the center of the block.
6.
The exact locations, widths and names of all streets to be dedicated.
7.
Location and width of all easements to be dedicated.
8.
Front building setback lines and the base offset lines with appropriate
dimensions.
9.
Acknowledgment of the owner and mortgagee regarding plat and all
dedications, restrictions 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
of the subdivider, owner, landscape architect, surveyor and engineer,
the graphic scale and true north line.
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 Planning and Zoning Commission, the control
points shall be established section corners and quarter section corners.
All contours, grades and elevations shall use the United States Geological
Survey Datum Plan and shall be designed on the plat.
10.
Ten (10) copies of the final subdivision plat of which three (3)
will be on linen or other suitable dimensionally stable based material.
Three (3) copies shall carry the original signatures of the owner
or owners and certification by a notary public.
B.
Supplemental Information Required With Final Plat. The subdivider
shall file with the final plat the following:
1.
Copies of the approved plans and profiles of all subdivision improvements,
such as streets, sewers, storm drains and structures, including grading
plans, if required.
2.
Any bond or escrow agreement in the form required by this Article.
3.
A copy of any indenture of restrictions as approved by the Planning
and Zoning Commission.
4.
Recorded copies of any required off-site utility easements.
5.
Title report and hard copy of applicable easements.
C.
Review Of Final Plat.
1.
The Planning and Zoning Commission shall check the plat to determine
the accuracy of computations and other items designated thereon. At
its first (1st) 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, the Planning and Zoning Commission
shall approve or disapprove same, which action shall be noted on the
plat and signed by the Chairman for the Planning and Zoning Commission.
If the plat is disapproved, the grounds shall be stated in the Planning
and Zoning Commission minutes and furnished to the subdivider.
2.
Approval of the plat by the Planning and Zoning Commission shall
not constitute acceptance of any portion thereof designated for public
uses. Copies of any final plat containing any area proposed to be
dedicated to public use shall be forwarded by the Planning and Zoning
Commission to the Board of Aldermen for its consideration and action.
When the final plat has been approved by the Planning and Zoning Commission,
a copy thereof shall be forwarded to such agencies as may be appropriate.
A permanent record copy of the plat and any indenture of restrictions
shall be filed with the City Clerk by the Planning and Zoning Commission.
Recordation shall not take place until after appropriate fees are
paid by the subdivider. No building permits shall be issued until
such recordation.
D.
Effective Period Of Final Plat Approval. The approval of
the final plat shall be effective for a period of one (1) year, the
end of which time the plat of the subdivision must have been filed
with the County Recorder of Deeds. Any plat not recorded in the period
of time set forth herein shall be null and void and the developer
shall be required to resubmit a new plat subject to all the zoning
code and subdivision regulations.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008; Ord. No. 1279-2015 §1, 3-16-2015]
A.
If a proposed subdivision of land does not contain more than four
(4) lots, each of which have frontage on existing streets, not involving
any new street or road or the extension of municipal facilities or
the creation of any public improvements and not adversely affecting
development of the remainder of the parcel or adjoining property and
not in conflict with any provision of the zoning ordinance or otherwise
within these regulations, the owner may proceed with the lot split
procedure thus circumventing the requirements of subdividing as outlined
in this Article.
1.
Procedure.
a.
The applicant shall be required to submit an application for
lot splits on forms available from the Community Development Department
along with the fee of one hundred dollars ($100.00). Such application
shall include two (2) copies of the deed of conveyance or plat and
two (2) certified survey maps for review.
b.
The Community Development Director, or his/her assigns, shall
review the proposed division of land for conformance with the applicable
subdividing and zoning regulations and for possible effects of the
proposed division on any approved plan.
c.
The Community Development Director, or his/her assigns, shall
within approximately thirty (30) days after submission of all of the
data required in this Section, approve, approve conditionally or reject
the division. If unique conditions exist, the Director may recommend
the application be reviewed by the Planning and Zoning Commission.
An applicant may appeal the decision to the Planning and Zoning Commission
and further to the Board of Aldermen.
d.
If approved, the applicant shall record the necessary plat or
deeds to affect the lot split, along with a hard copy of applicable
easements. Upon recordation, the applicant shall supply the City with
one (1) mylar print and one (1) quality paper print with all appropriate
original signatures, along with a digital version acceptable by the
City.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
The
following improvements shall be required of the subdivider:
1.
Streets. The subdivider shall install streets which
shall conform to the specifications of the City and compliance therewith
shall be confirmed by the Building Inspector prior to release of surety
by the Board of Aldermen.
2.
Sidewalks. The builder shall install sidewalks adjacent
to and on both sides of all public streets. Such sidewalks shall be
not less than four (4) feet in width and four (4) inches thick of
Portland cement concrete and shall comply with all other ordinances
and specifications required by the City. The developer/subdivider
is responsible for installation of sidewalks along open space tracts
at the time of installation of public improvements.
3.
Storm drainage. The subdivider shall install culverts,
storm sewers, rip-rap slopes, stabilized ditches and other improvements
to adequately handle stormwater. All improvements shall comply with
the minimum standards of the City and shall be approved by the Building
Inspector prior to construction.
4.
Water lines. Water lines which conform to City standards
as to size, material, location and design shall be installed by the
developer in front of each lot unless the Commission determines that
water can be obtained from some other acceptable point.
5.
Sewer lines. Sewer lines which conform to City standards
as to size, material, location and design shall be installed by the
developer in front of each lot to provide gravity flow from all building
sites.
6.
Street signs. The subdivider shall install street
signs at all intersections within a subdivision according to City
standards and in compliance with the Manual on Uniform Traffic Control
Devices for Streets and Highways (MUTCD).
8.
Other required improvements. Improvements that may
be required as part of preliminary plat approval which may include,
but not be limited to, landscaping, fencing, trails and community
buildings.
9.
Maintenance bond. Prior to the acceptance by the
City of any improvement required herein and as a guarantee that all
public improvements have been done in a satisfactory manner, the subdivider
shall provide a maintenance bond or irrevocable letter of credit in
favor of the City in the amount of fifty percent (50%) of the contract
price of the improvement against defects in workmanship and materials
for a period of two (2) years from the date of acceptance of such
improvement or any phase thereof. A bond or irrevocable letter of
credit in the form and amount acceptable to the City shall be filed
with the City Clerk prior to acceptance of the improvements or any
phase thereof by the City.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
In
lieu of actual construction of any required improvement and only with
the consent of the Board of Aldermen, a subdivider may provide a surety
in the form of a corporate surety bond by a firm authorized to do
business in Missouri with good and sufficient sureties thereon or
a cashier's check made payable to the City, an escrow account or an
irrevocable letter of credit in favor of the City in the amount of
one hundred twenty percent (120%) of the total estimated cost of said
improvement as determined by the City Engineer and approved by the
Board of Aldermen. The surety shall remain in effect until the date
of acceptance of such improvement by the City.
B.
The
approved surety shall be filed with the City Clerk. After the completion
of such required improvements in an acceptable manner and within the
time specified in the agreement between the subdivider and the City,
the City shall release the performance surety provided a maintenance
bond has been furnished as required by the subdivision regulations.
If said required improvements are not completed in an acceptable manner
or within the time period specified in the agreement between the subdivider
and the City, the Board of Aldermen is empowered by these subdivision
regulations to enforce such security bond by all legal and equitable
remedies.
C.
The
proceeds recovered on any surety required herein shall be used to
complete the construction bonded herein by these subdivision regulations
or shall be used to the extent that such completion may be accomplished
conditioned by the amount of money recovered; provided however, that
all streets shall have a priority over all other bonded phases of
construction and the recovered monies shall be applied first to completion
of such streets.
D.
Release
of surety shall be by the City of Kearney after written report from
the City Administrator stating that all the improvements are in satisfactory
condition.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
All
subdividers in residential zoning districts shall provide for open
space, parks or recreational facilities as a part of such residential
subdivision or development. This requirement shall be satisfied by
one (1) of the following:
B.
Open
space, parks and recreational facilities required by this Section
should be within the general area of the development and should serve
the needs created by such development.
C.
The
Board of Aldermen shall determine the acceptability of dedicated lands
or the development of park and recreational facilities in the subdivision
or payment of fee in lieu of dedication as the Board deems appropriate
to meet the requirements of this Section and the best interest of
the City. No building permits shall be issued until the provisions
of this Section are satisfied. These provisions apply to the development
of all land for residential use in the City of Kearney regardless
of the zoning.
D.
Schedule Of Dedication Of Open Space Land. If the Board
of Aldermen determines that the dedication of land by the subdivider
is acceptable and in compliance with this Section, such dedication
shall be by warranty deed from the subdivider to the City and shall
be dedicated by the plat. The amount of land required to be dedicated
shall be not less than required in the following formula:
|
|
FORMULA FOR THE DEDICATION OF OPEN SPACE
| ||
|---|---|---|---|
|
|
(Minimum Requirement)
| ||
|
|
The projected population shall be the criteria used to determine
the amount of land to be donated. A formula of two (2) acres per one
hundred (100) persons or twenty (20) acres per one thousand (1,000)
persons will be used.*
| ||
|
|
*The standard utilized is that set forth by the Missouri Department
of Natural Resources of the 2002 Statewide Landmark Local Parks Program.
| ||
|
|
DU x 2.84 x .02
|
= Dedicated Open Space Requirement
| |
|
|
DU
|
= Number of Dwelling Units
| |
|
|
2.84
|
= Average Household size**
| |
|
|
.02
|
= Required acres per person based on twenty (20)
| |
|
|
acres per one thousand (1,000) persons
| ||
|
|
**Average household size set by the 2000 U.S. Census of the
City of Kearney, Missouri.
| ||
E.
Fee Paid — When. The fee in lieu of dedication shall
be paid at the time of final platting. The fee in lieu shall be three
hundred twenty-five dollars ($325.00) per dwelling unit for all residential
zoning districts. The Board of Aldermen may, but are not obligated
to, approve a schedule of deferred payment and may allow payment of
fees on dwelling unit basis at the time of issuance of building permits.
In either case, the method for fee in lieu of dedication shall be
specified in either a subdivision agreement between the City and the
subdivider or the ordinance approving the final plat.
F.
General Requirements For Dedicated Land. The minimum required
dedication of open space shall be in addition to minimum required
yard areas, buffers and space reserved for off-street parking required
by the zoning code. The percentage of space required to be dedicated
shall be based upon the total area of the development or subdivision
used for residential development, excluding any commercial or industrial
uses. All lands to be dedicated shall meet the following general requirements:
1.
Size and shape. The tract should contain not less
than three (3) contiguous acres and be a minimum of two hundred (200)
feet at the narrowest dimension.
2.
Location and accessibility. The tract should be
located in or adjacent to the subdivision and easily accessible to
same. Consideration should be given to placing parks where they can
be added to by future subdivisions or are an addition to an existing
park. Consideration should also be given to spacing parks not closer
than one-half (½) mile from any other park. Sites should be
dedicated in a condition ready for full service with electrical, water,
sewer and street access at the property line.
3.
Reservation of additional land. Where the Comprehensive
Plan or the standards of the City call for a larger amount of park
and recreational land in a particular subdivision or planned development
than the developer is required to dedicate, the land needed beyond
the developer's contribution shall be reserved for subsequent purchase
by the City or other public body designated by the City, provided
that such acquisition is made within one (1) year from the date of
approval of the final plat.
4.
Topography — drainage. The slope, topography
and geology of the dedicated site as well as its surrounding must
be suitable for its intended purposes. Grading on sites dedicated
for park and recreational uses shall not differ greatly from the surrounding
land.
5.
Natural features. Features such as trees, brooks,
hilltops and views should be preserved whenever possible. The subdivider
shall designate or show at the time of filing the preliminary plat
the trees and other natural features which are to be retained. The
preservation and creation of lakes and wooded areas are to be encouraged.
G.
Credit For Private Recreational Facilities. No open space,
parks or recreational facilities to be constructed and maintained
by the development for the benefit of those residents of the subdivision
being created shall be used to satisfy the requirements of this Section.
H.
Special Fund Created. All fee in lieu of dedication payments
shall be deposited in a separate fund established by the City and
such funds and the interest thereon shall be used only for the purchase,
development and improvement of neighborhood park and recreational
facilities determined by the Board of Aldermen as being reasonably
accessible to the residents of such subdivision.
I.
Open Space Requirements. Any lands resubdivided after passage
of this Article shall be subject to the provisions of this Section,
except that land dedicated or fee in lieu of dedication payments previously
made on the same land will be credited against the obligations of
the subdivider pursuant to this Section. In no instance will lands
so dedicated or fees paid to the City be returned to subdividers.
[Ord. No. 1101-2008 §§1
— 2, 10-20-2008]
A.
When
any person or group of persons seek to improve and open a platted
but unopened street or alley within a residential subdivision which
was platted prior to January 1, 1930, wherein other streets have been
previously opened, such new streets sought to be opened need only
meet the following criteria regardless of any other provisions of
this Article to the contrary:
1.
The minimum edge to edge width of said proposed street need be no
wider than the widest open street within said subdivision, however,
in no event less than twenty (20) feet. No curbs shall be required
on said street unless the streets previously opened within said subdivision
have curbs in which case similar curbs shall be required.
2.
Grading and site preparation shall conform to Section 2100 of Street
Construction and Materials Specifications approved by the Kansas City
Chapter of the American Public Works Association.
3.
An aggregate base course of no less than six (6) inches of an approved
one (1) inch road rock shall be constructed and maintained for a period
of not less than one (1) year. Such persons or groups of persons opening
said street shall periodically grade and maintain the road and add
gravel to the road base as necessary until acceptance by the City.
4.
After said one (1) year period and subject to the Street Superintendent's
approval, such persons shall construct an asphalt concrete surface
on said street or alley with a minimum depth of four (4) inches. Such
persons shall provide all maintenance for such street or alley for
an additional period of one (1) year. If after such additional one
(1) year said street has been well constructed, satisfactorily maintained
and is in good condition, the City may, upon the recommendations of
the Street Superintendent, accept said street for maintenance.
B.
All
such construction shall conform to the Construction and Material Specifications
for Streets as approved and adopted on October 21, 1981, by the Kansas
City Metropolitan Chapter of American Public Works Association.
C.
The
Street Superintendent or his/her authorized representative shall have
the power to enforce the provisions of this Section. No road or bridge
work within City right-of-way shall be conducted without first obtaining
a permit from the Street Superintendent.
