City of Grain Valley, MO Chapter 405 Subdivision Regulations

Section 405.010 General Provisions.

[R.O. 1996 § 405.010; Ord. No. 1084 § 10, 3-10-1997]

A. Authority. This Chapter is enacted pursuant to the statutory authority of Sections 89.010 through 89.490, RSMo., and Chapter 445, RSMo., as amended, together with all other statutory and legal authority.

B. Enacting Clause. An ordinance regulating the subdivision of land in the City of Grain Valley, Missouri; requiring and regulating the preparation and presentation of preliminary and final plats for such purpose; establishing minimum subdivision design standards; providing minimum improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Planning and Zoning Commission in applying these rules, regulations and standards; and prescribing penalties for the violation of its provisions.

C. Short Title. This Chapter shall be known and may be cited as the "Subdivision Regulations of the City of Grain Valley, Missouri" and shall be as follows.

D. Policy.

1. It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Development Plan of the City for the orderly, planned, efficient and economical development of the City.

2. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and land shall not be subdivided until proper provision has been made for public facilities and improvements, such as drainage, water, sewerage, schools, parks, recreation, and transportation facilities and improvements.

3. The existing and proposed public improvements shall conform to and be properly related to the Comprehensive Development Plan of the City and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in Building and Housing Codes, the Comprehensive Zoning Ordinance, which is set out in Chapter 400 hereof and the Code of the City of Grain Valley.

E. Purposes. These regulations are adopted for the following purpose:

1. To protect and provide for the public health, safety and general welfare of the City.

2. To guide the future growth and development of the City in accordance with the Comprehensive Development Plan.

3. To provide for adequate light, air and privacy to secure safety from fire, flood and other danger and to prevent over-crowding of the land and undue congestion of population.

4. To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of all parts of the City.

5. To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.

6. To provide a guide to public policy and action in facilitating adequate provisions for transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and in the efficient provision of public facilities and services.

7. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways and the provision of safe and convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the City and to provide for proper location and width of streets and building lines.

8. To establish reasonable standards of design and procedures for subdivisions and resubdivisions; to further the orderly layout and use of land; and to insure proper legal descriptions and proper monumenting of subdivided land.

9. To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.

10. To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; to encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability and beauty of the community and the value of the land.

11. To preserve the natural beauty and topography of the City and to insure appropriate development with regard to these natural features.

12. To ensure compatibility between adjacent and neighboring subdivisions, to promote harmony in the visual relationships and transitions between subdivisions and between new development and existing development within partially developed subdivisions and to protect the visual pattern of the community.

F. Jurisdiction And Required Approval For Subdivision Of Land.

1. These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the corporate limits of the City.

2. No land shall be subdivided within the corporate limits of the City until the subdivider has:

a. Obtained approval of the preliminary plat from the Planning and Zoning Commission;

b. Obtained approval of the final plat by the Planning and Zoning Commission and Board of Aldermen;

c. Obtained approval of the engineering plans related to the plat; and

d. The approved plat is filed with the appropriate County Recorder of Deeds.

3. No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of and not in conformity with the provisions of these subdivision regulations.

G. Interpretation, Conflict And Separability.

1. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

2. Conflict With Public And Private Provisions.

a. Public Provisions. The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, Statute or other provision of law. Where any provision of these regulations imposes restriction different from provision of these regulations or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

b. Private Provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive or higher standards than the requirements of these regulations or the determinations of the Board of Aldermen in approving a subdivision or in enforcing these regulations, such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.

c. Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such invalidity shall affect only the part, provision or application directly challenged in the action in which such judgment is rendered and shall not affect or impair the validity of the remainder of the regulations or the application thereof.

H. Amendments. For the purpose of providing the public health, safety and general welfare, the Board of Aldermen may, when needed, amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the Board of Aldermen in the manner prescribed by law.

I. Conditions.

1. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is in the public interest and an exercise of valid Police power delegated by the State to this City. The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through this Chapter. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him rests the duty of compliance with the reasonable conditions imposed by the Planning and Zoning Commission and/or the Board of Aldermen, and the Planning and Zoning Commission and the Board of Aldermen are hereby authorized to impose such conditions upon the approval of a preliminary plat or final plat, as applicable, in order to ensure that this Chapter's purposes are achieved and that the City's public health, safety and general welfare are provided for and protected.

2. In addition to any such conditions imposed by the Planning and Zoning Commission and/or the Board of Aldermen, the developer of a subdivision has the duty to comply with the conditions and requirements provided in this Chapter for design, dedication, improvement and restrictive use of land so as to conform to the physical and economical development of the City and to the safety and general welfare of future lot owners in such subdivision and of the community at large.

J. Vacation Of Plats. Vacation of a plat shall be accomplished by applying to the County Commission in accordance with the provisions of Section 71.230, RSMo.

K. Variances. Variances to the requirements of this Chapter shall be made by the Grain Valley Board of Adjustment.

L. Enforcement, Violations And Penalties.

1. It shall be the duty of the Planning Officer to enforce the provisions of this Chapter.

a. No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen in accordance with the provisions of these regulations and filed with the appropriate County Recorder of Deeds.

b. The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations shall be unlawful. All such described subdivisions shall be subject to all of the requirements contained in these regulations.

c. No building permit shall be issued for the construction of any building or structure located on a lot plat subdivided or sold in violation of the provisions of these regulations.

2. Violations And Penalties. Any person, firm or corporation who fails to comply with or violates any of these regulations shall, upon conviction, be punished in accordance with Section 100.110 of the Code of Ordinances of the City of Grain Valley.

Section 405.020 Definitions.

[R.O. 1996 § 405.020; Ord. No. 1084 § 20, 3-10-1997]

For the purpose of this Chapter, words used in the present tense include the future; words in the singular number include the plural; and, words in the plural number include the singular. The word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory. The term "used for" includes the meaning "designed for" or "intended for." The following words and terms as used herein are defined to mean the following:

ALLEY

A public or private right-of-way primarily designed to serve as secondary access to the side or rear of these properties whose principal frontage is on some other street.

APPLICANT

The owner of an interest in land proposed to be subdivided or his representative. Written consent shall be required from the legal owner of the premises, if said legal owner is not the applicant.

BLOCK

A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

BUILDER

A person, partnership, firm, association, corporation or any other entity undertaking the construction of residential, commercial or industrial improvements.

BUILDING

A structure for the purpose of housing or enclosing of persons, animals or personal property.

BUILDING LINES

The line within a lot parallel to and measured from the street right-of-way, in which no building or other structure or portion thereof, except as provided in the Zoning Regulations, set out in Chapter 400 hereof, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.

CAPITAL IMPROVEMENTS PROGRAM

A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local governments operating expenses, for the purchase, construction or replacement of the physical assets for the community are included.

CITY

The City of Grain Valley, Jackson County, Missouri.

COMMERCIAL

All development other than recreational, open space, multi-family or other residential housing units.

COMPREHENSIVE PLAN

The Comprehensive Development Plan made and adopted by the Planning and Zoning Commission, pursuant to State law, indicating the general locations recommended for the major thoroughfares, streets, parks, public buildings, zoning districts, other public improvements and other uses.

CUL-DE-SAC

A street having one (1) end open to traffic and being permanently terminated by a vehicle turnaround.

DEDICATION

Intentional transfer by the developer with the consent of the Board of Aldermen to the public ownership of or an interest in land for a public purpose.

DEPOSIT

A deposit of cash with the City in lieu of an amount required and still in force on a performance or maintenance bond or to ensure completion of work and installations on the plat. Such funds shall be deposited in a separate account.

DEVELOPER

The owner of an interest in land proposed to be subdivided or his representative. Written consent shall be required from the legal owner of the premises if said legal owner is not the applicant.

DEVELOPMENT

Any subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to provisions of this Chapter or the act of building structures and/or installing site improvements.

EASEMENT

A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.

ENGINEER

The City Engineer of the City of Grain Valley or whomever shall be designated as engineer by the City Administrator.

EYEBROW

A fifty-foot radius [thirty-nine (39) feet to back of curb] eyebrow or bubble may be provided at the intersection of two (2) streets. The centerline radius point may be offset a maximum of twenty-five (25) feet toward the inside of the intersection on the incoming street. The said radius point may be offset toward the outside of the intersection until the eyebrow becomes a cul-de-sac and the intersection becomes a "T."

FLOOR AREA RATIO (FAR)

The ratio of the largest single floor area to gross site area.

FRONTAGE

That side of a lot abutting on a street and ordinarily regarded as the front of the lot but it shall not be considered as the ordinary side of a corner lot.

GRADE

The slope of a road, street or other public way, specified in percent (%) of vertical to horizontal measurements.

HEALTH DEPARTMENT

Jackson County Health Department.

IMPROVEMENTS

Any structural, material or physical change incident to servicing or furnishing facilities for a subdivision such as, but not limited to: grading, street pavements, curb and gutter, sidewalks and pedestrian ways, water mains and lines, sanitary sewers, storm sewers, culverts, bridges, utilities, permanent street monuments and other appurtenant construction; demolition of structures; planting and landscaping; or removal of trees and other vegetative cover.

LOT

A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building improvement. A lot must have frontage on a public or private street.

MAINTENANCE BOND

A form of security issued by a surety company authorized to do business in Missouri. All maintenance bonds shall be subject to approval by the City Engineer.

MAJOR STREET PLAN

The plan established by the City pursuant to Section 89.480 of the Revised Statutes of Missouri showing the streets, highways, parks and drainage systems.

MINOR SUBDIVISION

Any subdivision containing not more than three (3) lots fronting on an existing street; not involving any new street or road, the extension of municipal facilities or the creation of any public improvements; not adversely affecting the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the Comprehensive Development Plan, Comprehensive Zoning Regulations or these regulations.

OWNER

Any person, group of persons, firm or firms, corporation or corporations or any other legal entity having legal and equitable title in the land sought to be subdivided under these regulations.

PEDESTRIAN WAY

A right-of-way, dedicated to public or private use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

PLANNED UNIT DEVELOPMENT (PUD)

A zoning district used in conjunction with other zoning districts as an overlay district.

PLANNING AND ZONING COMMISSION

Commission established by separate ordinance for the purpose of promulgating orderly planning and zoning in Grain Valley.

PLANNING OFFICER

The Community Development Director of the City of Grain Valley or whomever shall be designated as Planning Officer by the City Administrator.

PLAN, SKETCH

A schematic layout, submitted with the first preliminary, when the preliminary plat area is a portion of a larger area planned as a phased and related development.

PLAT, FINAL

A complete and exact subdivision plat, prepared for official recording as required by these regulations, to define property boundaries, proposed streets and other improvements.

PLAT, PRELIMINARY

A preliminary plat for a subdivision shall be a formal plat, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and shall meet the requirements outlined herein.

RESUBDIVISION

A change in the map of a recorded subdivision plat if such change affects any street layout shown on such map or area thereon for public use or any lot line.

RIGHT-OF-WAY

The land opened, reserved or dedicated for a street, walk or other public purpose.

SIDEWALK

A permanently surfaced area for the exclusive use of pedestrians.

SINGLE-TIER LOT (DOUBLE-FRONTAGE OR THROUGH LOT)

Lots with frontage onto both front and rear streets.

STREET

A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities and sidewalks.

1. Divided Arterial. A street providing rapid and efficient movement of large volumes of through traffic between sections of the City. It is not primarily intended to provide direct access to abutting property.

2. Arterial. A street providing for through traffic movement with intersections at grade but no direct access to abutting property and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.

3. Collector. A street providing for the collection and distribution of traffic from arterial streets directly to traffic destinations. Limited access collector is a collector street with no homes or businesses fronting the street and with no driveway access.

4. Residential Street. A street providing for direct access to abutting land and for local traffic movements.

5. Industrial Street. A street providing for direct access to abutting land and providing for local traffic movements for industrial parks or land designated for industrial use.

6. Commercial Street. A street providing for the collection and distribution of traffic through commercial areas.

7. Frontage Road. The frontage road, parallel to State highways, provides traffic circulation within commercial and industrial districts from the State highway system.

STREET, PRIVATE

A strip of land which affords principal access to property abutting thereon which is owned, controlled and maintained by persons other than the public.

STRUCTURE

Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences, boundary walls or retaining walls.

SUBDIVIDER

Any person who, having an interest in land:

1. Causes it directly or indirectly to be divided into a subdivision; or

2. Directly or indirectly sells, leases or develops or offers to sell, lease or develop or advertises for sale, lease or development any interest, lot, parcel site, unit or plot in a subdivision; or

3. Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel site, unit or plot in a subdivision; and

4. Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing.

SUBDIVISION

A division of a lot, tract or parcel of land into two (2) or more lots or other divisions of land for the purpose of transfers of ownership or development, whether immediate or future, including all changes in street or lot lines; provided, however, that where no new streets or easement of access is involved, the division of land into parcels of more than ten (10) acres for agricultural purposes shall not be included within this definition.

Section 405.030 Subdivision Application Procedure And Approval Process.

[R.O. 1996 § 405.030; Ord. No. 1084 § 30, 3-10-1997; Ord. No. 1787, 9-26-2005; Ord. No. 2577, 2-14-2022]

A. Applicability.

1. Any plat, hereafter made for any subdivision or any part thereof lying within the City, shall be prepared, presented for approval and recorded as prescribed by this Chapter.

2. The regulations of this Chapter shall apply to the subdivision of a lot, tract or parcel of land into two (2) or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots. Where no new streets or easements of access are involved, the division of land into parcels of more than ten (10) acres for agricultural purposes shall not require a subdivision plat.

3. Any subdivision of land must be consistent with the Zoning Regulations set out in Chapter 400 hereof. If the intended use is more intensive than the existing zoning, the necessary zoning change must be finalized by the Board of Aldermen prior to preliminary plat approval.

4. A parcel of land with the same property boundaries as it had prior to adoption of the Subdivision Regulations is exempt from these regulations; provided, however, that if said parcel is split into two (2) or more lots, a subdivision is required.

5. A building permit shall not be issued for a lot or tract in a subdivision unless all required public improvements for the subdivision have been substantially completed or the developer provides the City with one (1) of the following:

a. An irrevocable bank letter of credit in a form approved by the City Attorney.

b. A deposit to the credit of the City of an amount equal to one hundred percent (100%) of the cost of the public improvements.

c. A performance bond written by a bonding company for one hundred percent (100%) of the cost of the public improvements.

6. Official Submission Dates. The subdivider shall submit the required information as described herein to the Planning Officer in accordance with a deadline schedule established by the Planning and Zoning Commission. The number and type of copies to be submitted shall be in accordance with the policy established by the Planning and Zoning Commission.

7. Homeowners/Property Owners Association. The owner/developer shall file a declaration of restrictions and a declaration of association with the preliminary and final plats when approval is sought, setting forth the conditions and other features of the association. The owner/developer shall supply to the Board of Alderman and Planning and Zoning Commission a copy of the articles of incorporation and a complete set of by-laws of the association. Said declaration of restrictions and declaration of association shall be recorded along with the final plat.

a. Membership in the association shall be mandatory for each owner of real property within the subdivision.

b. The association corporation shall at all times be in good standing registered with the Office of the Missouri Secretary of State.

c. Common open space subdivision entrance structures, clubhouses, pools, recreational ground, and certain stormwater facilities must be owned and maintained by the association in perpetuity. The association shall be responsible for payment of property taxes on and maintenance of all common areas and facilities, maintenance of liability insurance and other related duties of ownership. Upon completion of relevant phase, designated stormwater conveyance, retention, detention and BMP facilities located on common space shall be maintained by the association. In the event of failure to maintain such facilities to the standards required by the City and the approved development plans, abatement shall be authorized.

8. Fees. Fees shall be based on a schedule of fees and charges established and approved by the Board of Aldermen and set out in Section 140.050 of this Code.

9. Construction permits shall be obtained prior to construction of any utilities, on a form provided by the City.

10. Abatement Process And Tax Bills. The Code Enforcement Officer shall give such owner or Homeowners/Property Owners Association notice of violation via personal service to and Officer of the Association or by U.S. mail to owner or an officer by posting such notice upon the subject property. Said notice of the Association to owner or officer of the Association that the nuisance shall be corrected not later than thirty (30) days from mailing or delivery (whichever occurs). Said notice shall also state the City will enter onto the property to correct said nuisance if not corrected within said thirty-day period. A two-day extension may be granted if requested by citizen before the thirty-day period has expired. Said notice shall also state that all charges for such abatement will be levied against such property owner and said charges will be a lien upon said property. In addition, said notice shall advise the property owner shall also be subject to prosecution in the municipal court of Grain Valley for such violation. In case the nuisance has not been abated within the thirty (30) days, the Code Enforcement Officer shall have the nuisance abated and shall certify the cost of same to the City Clerk. Notice required herein shall be made to all property owners to the extent practicable. The City Clerk shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector with other taxes assessed against the property; and the tax bill from the date of issue shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first of June of each car. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.

B. Platting Procedures.

1. Minor Subdivision.

a. A minor subdivision plat shall be provided below.

(1) All lots platted or any remaining platted or unplatted land shall meet all zoning requirements for lot sizes.

(2) A minor subdivision shall contain no more than three (3) lots. A parcel or tract of land under one (1) ownership may have a maximum total of three (3) lots platted in one (1) or more minor subdivision plats.

b. Minor subdivisions may include:

(1) A division of land into no more than three (3) lots.

(2) An adjustment in boundaries between the owners of adjoining platted lots.

(3) An adjustment of building lines.

(4) A resurvey to combine two (2) or more lots or portions of lots into one (1) lot.

c. Information. The minor subdivision plat shall include or be accompanied by the following information:

(1) Name of subdivision (not to duplicate or too closely approximate the name of any existing subdivision).

(2) Location by Section, Township, Range, County and State, including descriptive boundaries of the parcels as divided, based on an accurate traverse, giving angular and linear dimensions which must mathematically close and shall be referenced to the State grid system when available from the City. The allowable error of closure shall be third order accuracy or better. All calculations shall be furnished showing bearings and distance of all boundary lines and lot lines. Location of boundary shall be shown in reference to existing official monuments or the nearest street lines, including true angles and distances to such reference points or monuments.

(3) Exact location of streets, utility lines, alleys, easements and other public grounds with accurate dimensions in feet and decimals of feet, interior angles, and length of radii and/or arcs of all curves that abut or are upon the parcel.

(4) Exact location of all existing structures and physical improvements, when requested.

(5) Names of all abutting streets.

(6) Building setback lines.

(7) Name and address of subdivider and surveyor making the plat.

(8) North Arrow And Scale. Plat to be oriented so north is to the top of plat sheet. All plats are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.

(9) Signature blocks for the following certifications:

(a) Signature of the owner or owners and notary public.

(b) Certification by registered surveyor that details of the plat are correct.

(c) Certification of approval to be signed by Mayor, City Clerk, Community Development Director and County Assessor.

(10) Statement dedicating all easements, streets, sidewalks, alleys and other public areas not previously dedicated.

d. Approval Process. The subdivider or surveyor shall submit the minor subdivision plat to the Planning Officer for review. The number and format of the plats shall be in accordance with the policies established by the Planning and Zoning Commission. After approval by the City, the minor subdivision plat shall be recorded by the subdivider at the appropriate County Recorder of Deeds office.

2. Preliminary Plat.

a. Required. A preliminary plat is required for any subdivision of land other than minor subdivisions as defined in Subsection (B) of this Section. Approval of the preliminary plat by the Planning and Zoning Commission is required before the final plat can be considered.

b. Application. Application for approval of the preliminary plat shall be made to the Planning and Zoning Commission through the Planning Officer. All applications must be submitted in accordance with the procedures established in this Chapter, the policies established by the Planning and Zoning Commission and the policies of the City.

c. Contents. The preliminary plat shall contain the following information:

(1) Proposed Name Of Subdivision. Names shall not duplicate or too closely resemble names of existing subdivisions.

(2) Location of boundary lines in relation to section, quarter section or quarter-quarter section lines and any adjacent corporate boundaries comprising a legal description of the property.

(3) Names, addresses and phone numbers of the developer and the engineer, surveyor, planner or landscape architect making the plat.

(4) North Arrow. Plat to be oriented so north is to the top of plat sheet.

(5) Scale. All plats are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.

(6) Existing Conditions.

(a) Location, width and name of each existing or platted street or other public way, railroad and utility right-of-way, parks, public open spaces and public buildings within or adjacent to the proposed subdivision.

(b) All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed subdivision or immediately adjacent thereto with pipe size, grades and locations shown.

(c) Names of adjacent subdivisions and owners of adjacent parcels of unsubdivided land.

(d) Topography (unless specifically waived) with contour intervals of not more than two (2) feet, referred to USGS or City datum; also, the location of watercourses, ravines, bridges, lakes and wooded areas and approximate acreage and such existing other features as may be pertinent to subdivision.

(7) Proposed Development.

(a) The location and width of proposed streets, sidewalks, roadways, alleys and easements.

(b) The location and character of all adjacent existing public utility lines, including sewers (storm and sanitary), water, gas and power lines. If a community disposal system is to be installed or constructed to serve all or certain portions of the proposed subdivision, the general plan for such community type sewage treatment or disposal system shall be shown and so identified on the preliminary plat.

(c) Layout, number and approximate dimensions of lots and the number or letter of each block.

(d) Location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for dedication to public use or to be reserved by deed or covenant for the use of all property owners in the subdivision and any conditions of such dedication or reservation.

(e) Building setback lines from streets with dimensions.

(f) Indications of any lots on which a use consistent with zoning, other than residential, is proposed by the subdivider.

(g) Vicinity sketch, at a legible scale, to show the relation of the plat to its surroundings, shall be shown on the preliminary plat or accompany it. Utility connections too remote to be shown on the preliminary plat shall be shown on this sketch.

d. Supplementary Requirements.

(1) When a subdivision is a portion of a larger area planned as a phased and related development, a master development plan (sketch plan) of the entire development shall be submitted with the preliminary plan of the portion first to be subdivided. The sketch plan shall include, but not be limited to, conceptual drainage, land use, utility and street layout and shall contain the following information:

(a) Scale, one (1) inch represents two hundred (200) feet or one (1) inch represents four hundred (400) feet.

(b) Name, location, North arrow and acreage.

(c) The proposed development by phase of construction, identifying for each phase and for the total development: the proposed use; the density by number of dwelling units per gross residential acre; the approximate gross floor area of commercial and industrial use; and the floor area ratio (FAR) of commercial and industrial use.

(d) The location of collector, arterial and commercial streets, the general location of access points to abutting arterial streets and projected traffic generation.

(e) The proposed location of major public uses, such as schools, open spaces and recreation space.

(2) The Planning Officer may require such additional information as is needed for the Planning and Zoning Commission and/or Board of Aldermen to determine that the preliminary plat presented is in accordance with the ordinance's purposes, that the City's public health, safety and general welfare are provided for and protected and to ensure that adjacent and neighboring subdivisions are compatible with one another. Such additional information may be provided in an Adjacency Compatibility Study and may include, but shall not necessarily be limited to, the following:

(a) Information, in graphic and/or narrative form, sufficient to describe the character and composition of adjacent and neighboring subdivisions.

(b) Information, in graphic and/or narrative form, sufficient to describe the character and composition of proposed development in transition areas in the proposed subdivision which are immediately adjacent to existing subdivisions. Compatibility with an existing adjacent subdivision can be achieved by providing a transition between the existing adjacent subdivision and portions of a proposed subdivision which would otherwise be incompatible with such existing adjacent subdivision. The dimensions and composition of such a transition area can only be determined on a case-by-case basis.

(c) Information, in graphic and/or narrative form, sufficient to describe the general architectural character of typical proposed structures and the degree of uniformity or diversity of architectural expression in the development as an entirety.

(d) Information, in graphic and/or narrative form, sufficient to describe the proposed location and general design of all screening and buffering measures and indicating the type and height of such screening and buffering.

(e) A matrix indicating the degree of uniformity or compatibility of the proposed subdivision with abutting or adjacent existing subdivisions by comparing features, including, but not limited to:

(i) Average lot size;

(ii) Average lot width;

(iii) Average lot depth;

(iv) Total number of dwelling units;

(v) Residential density in units per acre;

(vi) Roofing material;

(vii) Landscaping;

(viii) Signage;

(ix) Minimum and maximum floor areas for dwelling units;

(x) Minimum and maximum yard dimensions;

(xi) Minimum and maximum lot coverages;

(xii) For any non-residential uses, floor area and floor area ratio for each type of use.

(f) A statement in tabular form which sets forth the following data, when such data is applicable to a given plat:

(i) Total number of dwelling units;

(ii) Residential density in units per acre;

(iii) Minimum and maximum floor areas for dwelling units;

(iv) Minimum and maximum yard dimensions;

(v) Minimum and maximum lot coverages;

(vi) For non-residential uses, if any, floor area and floor area ratio for each type of use.

(3) Adjacency Compatibility Study.

(a) A decision by the Planning Officer to require an Adjacency Compatibility Study may be appealed to the Planning and Zoning Commission whose decision is appealable to the Board of Aldermen. In addition, the Planning and Zoning Commission and Board of Aldermen on their own motion may require an Adjacency Compatibility Study.

(b) The circumstances where an Adjacency Compatibility Study will generally not be required include, but are not limited to:

(i) The preliminary plat is part of a larger development plan presented by the same developer.

(ii) The preliminary plat is separated from existing residential uses on all sides by major arterials or planned major arterials.

(iii) The adjacent existing housing does not exceed, on the whole, the minimum lot sizes established in Comprehensive Zoning Regulations; nor does it contain any unique developmental characteristics, including, but not limited to, housing type or style, landscaping requirements and/or homeowner amenities.

e. Approval Process.

(1) Action By The Planning And Zoning Commission.

(a) Within sixty (60) days after the submission of a preliminary plat to the Planning and Zoning Commission, the Commission shall approve or disapprove the preliminary plat; otherwise the preliminary plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty-day period.

(b) The subdivider or his representative shall be present at the Planning and Zoning Commission meeting at which the preliminary plat is considered. Continuance within the initial sixty-day period, approval or disapproval of the preliminary plat shall be by motion of the Commission. Continuance outside the initial sixty-day period shall be by motion of the Commission and with the consent of the applicant.

(c) If the preliminary plat is disapproved, the Planning and Zoning Commission shall state the reasons for such action and what requirements must be met to obtain the approval of the Commission.

(2) Appeal To The Board Of Aldermen.

(a) If the Planning and Zoning Commission disapproves, conditionally approves, tables or continues consideration of the preliminary plat without the consent of the applicant, the applicant may request that the preliminary plat be submitted to the Board of Aldermen. Such request shall be made in writing to the Planning Officer within thirty (30) business days of the Planning and Zoning Commission action. Upon receipt of the request, the Planning Officer shall forward the proposed preliminary plat to the Board of Aldermen, together with the report of the Commission, stating the reason or reasons for the action taken.

(b) The Board of Aldermen may then approve, conditionally approve or disapprove the preliminary plat, thereby overriding the decision of the Planning and Zoning Commission. Any decision to approve or conditionally approve the preliminary plat shall be by a unanimous vote of the Board of Aldermen. The Board may also remand the plat for consideration by the Planning and Zoning Commission.

(3) Request For Review By The Board Of Aldermen.

(a) If the Planning and Zoning Commission approves, disapproves, conditionally approves, tables or continues consideration of the plat without the consent of the applicant, three (3) Aldermen may request review of the preliminary plat within thirty (30) days of Planning and Zoning Commission action by notifying the City Clerk in writing. The City Clerk will place the request for review on the subsequent Board of Aldermen agenda.

(b) If a majority of the Board agrees, the preliminary plat shall be reviewed. The Board of Aldermen may then approve, conditionally approve or disapprove the preliminary plat, thereby overriding the decision of the Planning and Zoning Commission. Any decision to approve or conditionally approve the preliminary plat shall be by a unanimous vote of the Board of Aldermen. The Board may also agree to remand the preliminary plat for consideration by the Planning and Zoning Commission.

(c) If a majority of the Board does not agree to review the preliminary plat, the decision of the Planning Commission shall control.

(4) Conditional Approval Of The Preliminary Plat.

(a) Approval of the preliminary plat by the Planning and Zoning Commission or the Board of Aldermen may be conditioned upon satisfaction of certain provisions required under the Police power or the ordinances of the City as expressed in Section 405.010(I) of this Chapter.

(b) If the preliminary plat is conditionally approved, the Planning and Zoning Commission or Board of Aldermen shall clearly state the conditions of approval to be satisfied on the final plat.

(c) All information required by the Planning and Zoning Commission or Board of Aldermen as a condition of approval of the preliminary plat shall be contained in the final plat in accordance with Section 405.030(B)(3)(b)(15) of this Chapter.

(5) Effect Of Approval Of Preliminary Plat.

(a) Approval or conditional approval of the preliminary plat does not constitute an acceptance of the subdivision but is deemed to be an authorization to proceed with the preparation of the final plat. The preliminary plat must be approved or conditionally approved before the final plat can be considered.

(b) Approval of a preliminary plat by the Planning and Zoning Commission prior to the adoption of this Chapter provides grounds for said development to progress to a final plat utilizing lot sizes and widths approved in the preliminary plat.

(c) Approval of the preliminary plat shall be effective for a period of two (2) years, unless reasonable progress toward completion of the final plat has been demonstrated to the Planning Officer. To demonstrate reasonable progress, the subdivider must submit a proposed final plat to the Planning Officer prior to expiration of the approval period. If the approval period expires and substantial progress has not been demonstrated, a preliminary plat must again be submitted to the Planning and Zoning Commission for approval.

3. Final Plat.

a. Form. The final plat prepared for recording purposes shall be drawn at a scale of not less than one (1) inch represents one hundred (100) feet. The size of sheets on which such final plats are submitted shall be not less than twenty (20) inches by thirty-two (32) inches. Each sheet shall have a one and one-quarter (1 1/4) inch binding edge along the short dimension and a one-quarter (1/4) inch border along all other sides. 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 small scale.

b. Information. The final plat shall show and contain the following information:

(1) Name of subdivision (not to duplicate or too closely approximate the name of any existing subdivision).

(2) Location by Section, Township, Range, County and State, including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close and shall be referenced to the State grid system when available from the City. The allowable error of closure on any portion of a final plat shall be third order accuracy or better. All calculations shall be furnished showing bearings and distances of all boundary lines and lot lines.

(3) Location of boundary shall be shown in reference to existing official monuments or the nearest established street lines, including true angles and distances to such reference points or monuments. All section and land corners referenced on the plat and legal description shall be identified as to what was physically found or set, i.e., aluminum monument, one-half (1/2) inch iron bar. These same corners shall also be referenced and reference ties submitted with the plat on the Certified Land Corner Restoration/Re-establishment sheet provided by the Missouri Department of Natural Resources, Division of Geology and Land Survey (MLS). If the section corner referenced on the plat has been previously referenced and reference ties have not changed since submission to the MLS, the MLS document number for those corners shall be indicated on the plat.

(4) Location of lots, streets, public highways, alleys, sidewalks, parks 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 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) Boundary lines and description of boundary lines of any areas other than streets and alleys which are to be dedicated or reserved for public use.

(9) Building setback lines on the front of all lots and the side of corner lots with dimensions.

(10) Name and address of developer and surveyor making the plat.

(11) Scale of the plat at not less than one (1) inch represents one hundred (100) feet (the scale to be shown graphically and in feet per inch), date and north point.

(12) Statement dedicating all easements.

(13) Statement dedicating all streets, sidewalks, alleys and other public areas not previously dedicated.

(14) Signature blocks for the following certificates:

(a) Signatures of the owner or owners and notary public.

(b) Certification by registered surveyor that details of the plat are correct.

(c) Certification of approval to be signed and dated by Mayor, City Clerk, Planning and Zoning Commission Chairman and Secretary and County Assessor.

(15) Information required to be recorded on the final plat or a reference to documents required to be recorded with the final plat. Such information shall include, but not be limited to, declaration of restrictions and declaration of association and conditions of final plat approval imposed by the Board of Aldermen.

c. Supplementary Documents And Information To Accompany The Final Plat.

(1) Engineering submittals.

(2) Tax certificates from both the City and County shall be submitted stating that all taxes, assessments and encumbrances have been satisfied of record on the land to be dedicated as streets, alleys, easements or for other public purposes.

(3) Adjacency Compatibility Study, if required.

d. Required Improvements Or Guarantees Prior To Final Approval. Prior to approval of the final plat, the subdivider shall agree in writing on a form provided by the City that he will install the minimum improvements provided herein, including sidewalks along divided arterials, arterials, limited access collectors and common areas. The developer shall also agree that he understands no building permit will be issued by the City until the required improvements are available to each lot for which a building permit is requested and until satisfactory surety in the form of an irrevocable bank letter of credit, a bond from a bonding company, or a deposit to the credit of the City for one hundred percent (100%) of the cost of any required public improvement that will not be constructed immediately, if any, plus interest is furnished by the contractor/developer guaranteeing the installation of the improvements.

e. Approval Process.

(1) Action By The Planning And Zoning Commission.

(a) The Planning and Zoning Commission shall review the final plat and make its recommendation to the Board of Aldermen.

(b) If the Planning and Zoning Commission rejects or withholds approval of the plat, the subdivider may request that said plat be submitted to the Board of Aldermen. The Planning Officer shall forward the proposed plat, together with the report of the Commission, stating the reason or reasons for the action taken.

(c) The Board of Aldermen may then approve, conditionally approve or disapprove the final plat, thereby overriding the decision of the Planning and Zoning Commission. Any decision to approve or conditionally approve the final plat shall be by a vote of three-fourths (3/4) of the Board of Aldermen. The Board may also agree to remand the final plat for consideration by the Planning and Zoning Commission.

(2) Action By The Board Of Aldermen. The Planning Officer shall submit the final plat to the Board of Aldermen for action upon a recommendation for approval from the Planning and Zoning Commission. The Board of Aldermen may approve, conditionally approve or disapprove the final plat. Approval or conditional approval of the Board of Aldermen shall be by ordinance, which ordinance shall provide for the acceptance of the final plat, dedication of all streets, sidewalks, alleys, easements or other public ways and parks or open spaces dedicated for public purposes. Approval of the final plat shall be endorsed under the hand of the City Clerk and the Seal of the City.

f. Conditional Approval Of Final Plat.

(1) Approval of the final plat by the Board of Aldermen may be conditioned upon satisfaction of certain provisions required under the Police power or the ordinances of the City as expressed in Section 405.010(I) of this Chapter.

(2) If the plat is conditionally approved, the Board of Aldermen shall clearly state the conditions of approval to be satisfied.

g. Recording Final Plat. The approved plat shall be recorded at the appropriate County Recorder of Deeds office at the subdivider's expense.

Section 405.040 Required Minimum Improvements Generally.

[R.O. 1996 § 405.040; Ord. No. 1084 § 40, 3-10-1997; Ord. No. 1257 §§ 1 — 2, 4-26-1999; Ord. No. 2577, 2-14-2022]

A. Improvements of public utilities, including streets, sanitary sewers, water mains and storm sewers, are required to be installed by the developer of a property. Required improvements shall conform with the general design established by the Grain Valley Master Plans for streets, water and wastewater, and the regulations and standards hereinafter described. Where such plans are incomplete, the City Engineer shall determine the size or width of the required infrastructure improvements. It is expected that the developer pay in full for the improvements, unless prior agreements are approved by the Board of Aldermen.

B. Permanent Markers And Monuments. Permanent markers shall be placed at all lot and block corners, points of curvature and points of tangency on street lines and at each angle point on the boundary of the subdivision. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. Permanent monuments shall be placed at all quarter section points within the subdivision. or on its perimeter.

C. Streets. All streets constructed within the City of Grain Valley shall be constructed by the subdivider in accordance with the APWA specifications as adopted and in accordance with the master street plan.

D. Sanitary Sewers. A sanitary sewer system shall be constructed by the subdivider in accordance with the APWA specifications, as adopted, and the Missouri Department of Natural Resources. When public sewers are not available, the subdivider shall construct a sewage collection system in accordance with the requirements of the Jackson County Health Department and the Missouri Department of Natural Resources. The maintenance bond requirements will be the same for a public sewer or individual collection system. Sewers shall be extended to the boundary line to serve adjacent property, except where adjacent property can be served by future sewer extension through dedicated right-of-way.

E. Drainage Systems. All drainage systems constructed within the City of Grain Valley shall be in accordance with the APWA specifications, as adopted, the Missouri Department of Natural Resources and the City of Grain Valley standard details. Methods of conveying storm water shall be in one (1) of the following manners:

1. Underground Piping. Where the design peak discharge of a ten-year frequency storm is equal to or less than the capacity of a forty-eight (48) inch diameter round pipe having a Manning's "n" of 0.013 and designed in accordance with APWA Specifications, underground drainage piping is required.

2. Open Channels.

a. Grass Swales. Grass swales may be used in areas where the runoff from a ten-year frequency storm does not exceed five (5) cubic feet per second and the velocity does not exceed five (5) feet per second.

b. It is the policy of the City to locate and design streets, lots, and oven space in such a manner as to reduce the velocity of overland flow, allow the maximum opportunity for infiltration of stormwater into the ground, and to preserve existing streams, channels, detention basins and floodplain areas as open space.

c. Provisions shall be made to provide detention and/or retention facilities to control downstream runoff in accordance with APWA specifications and the City of Grain Valley Standard Details.

d. Lined channels. Concrete, grouted riprap and gabions may be used upon approval to convey stormwater where it exceeds the requirements for piped storm sewers and grassed swales and natural channels and creeks are not located on the property. Channels shall be sized to carry flow from a twenty-five-year storm entirely within the limits of the channel. All lined channels shall be constructed on dedicated easements. The easement width shall be a minimum of seven and one-half (7 1/2) feet beyond the outside edge or wall of the actual lined section.

F. Improvements To Abutting Streets. The subdivider shall make improvements along the subdivision side of existing abutting streets. Those improvements shall include the construction of concrete curb and gutter, asphalt pavement and any necessary storm sewer. These improvements shall be placed in conformance with the requirements of the City based on the abutting street's functional classifications.

G. Sidewalks. Sidewalks shall be shown of the street plans of the engineering drawings. Sidewalks shall be constructed and installed by the builder prior to occupancy. Where a lot or parcel is platted that is not proposed to be built on, the developer is required to provide the sidewalk adjacent to the property as a part of the subdivision infrastructure. Should construction or installation of the sidewalks be impossible because of weather or other conditions, then the builder shall deposit with the City a cash sum in an amount equal to the construction cost of said sidewalk. With respect to properties on which curbs and gutters are not required prior to occupancy and sidewalks are required by this Chapter, installation of sidewalks will not be required until curbs and gutters are installed and the provisions are applied.

H. Water.

1. Water lines shall be constructed by the subdivider in accordance with "American Water Works Association Standards," APWA regulations as adopted by the City of Grain Valley and all regulations of the State of Missouri, including the Department of Natural Resources. The spacing of fire hydrants shall not exceed six hundred (600) feet in residential districts and four hundred (400) feet in commercial and industrial districts.

2. Minimum flow requirements shall be as follows: Residential area shall require a fire flow of one thousand (1,000) gpm from one (1) hydrant and one thousand seven hundred fifty (1,750) gpm from two (2) hydrants spaced no further than five hundred (500) feet and accessible to fire fighting equipment conducting normal fire fighting operations.

3. The subdivision shall be provided with a complete loop type water distribution system, unless otherwise approved by the head of the Water Department or his designated representative.

I. Permits. Water lines, hydrants and base course for streets must be installed prior to issuance of building permits, as per Sections 10.203 through 10.206 and 10.502 through 10.503 of the International Fire Code[1] [also see Section 405.030(B)(3)(d) of this Chapter].

[1] Editor's Note: At the direction of the City, the word "Uniform" was changed to "International" before "Fire Code" in this Section.

J. Plans And Specifications. As a part of the approval of the final plat, the subdivider shall have prepared, by a Missouri licensed professional engineer, engineering drawings for the required improvements as specified in this Chapter and follows:

1. Plans, profiles, details, specifications and cost estimates for streets, water mains, storm sewers and sanitary sewers, including cross-sections as necessary for proper construction.

2. Grading plans for the lots in the subdivision.

3. All plans submitted to the City of Grain Valley are accepted for one (1) year. If no construction takes places within that year then the City has the authority to prevent construction from beginning until the plans are reapproved by the City Engineer or his/her designated representative.

4. Extension requests must be made in writing to the City thirty (30) days prior to the end of the one-year term limit.

5. Extension of the one-year term on construction documents where the subdivision is under construction shall be granted providing that more than thirty percent (30%) of the construction has been completed and construction has not halted for more than one hundred eighty (180) days and all required permits from the State of Missouri are current and on file with the City of Grain Valley.

The City Engineer or his designated representative will review the engineering drawings submitted to determine whether they completely and adequately meet the design criteria established for improvement construction within the City of Grain Valley. The City Engineer will provide comments to the developer or the engineer whose drawings are being reviewed indicating whether they are acceptable. In the event that it is the opinion that the drawings do not conform to the requirements of the City, revised drawings shall be required to be submitted for further review. The final plat shall not be approved until the engineering drawings are approved.

K. Construction Of Improvements. No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat has been approved by the Planning and Zoning Commission and by the Board of Aldermen and until the engineering drawings have been approved for construction.

L. Inspections. All improvements constructed or erected shall be subject to inspection by the City Engineer or his designated representative. Any discrepancy from the approved plans or from the standards adopted by the City shall be corrected by the installer such that the completed installation shall conform with the standards adopted.

M. Acceptance Of Improvements. Upon the determination by the City Engineer that the improvements are constructed in accordance with the adopted standards of the City and that all drawings, bonds, guarantees, operating permits and other requirements are met, he shall provide in writing that the City has accepted the improvements and the maintenance guarantee of the developer is to begin in accordance with Section 405.060.

Section 405.050 Minimum Design Standards.

[R.O. 1996 § 405.050; Ord. No. 1084 § 50, 3-10-1997; Ord. No. 1128 § 1, 9-8-1997; Ord. No. 1203 § 1, 9-8-1998; Ord. No. 1327 § 1, 6-12-2000; Ord. No. 1507, 7-8-2002; Ord. No. 1508, 7-8-2002; Ord. No. 1533, 12-30-2002]

A. Blocks.

1. Block Length. In general, block lengths are determined by intersecting streets and shall be provided at such intervals as to serve cross traffic adequately and to meet existing streets or customary subdivision practices in the neighborhood. Maximum block length shall be based on the use of the lots (single-family, duplex, multi-family, etc.):

a. Maximum block length shall be one thousand (1,000) feet but no more than fifteen (15) times the minimum lot width, except that a greater length may be permitted where topography or other conditions justify a departure from this maximum.

b. Commercial And Industrial. Maximum block length shall be no more than two thousand two hundred fifty (2,250) feet.

c. Actual block length may be varied with the approval of the Planning and Zoning Commission. Such approval shall be based on topography, drainageways and existing surrounding streets. Pedestrian ways and/or easements through the block may be required to serve nearby public facilities. Such pedestrian ways shall have a minimum width of four (4) feet and shall be paved full width.

2. Block Width. The width of the block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth.

B. Lots.

1. The minimum lot requirements shall be governed by the Zoning Regulations set out in Chapter 400 hereof. Corner lots shall have a width of at least fifteen (15) feet wider than those required for the remainder of the zoning district.

2. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines.

3. Single-tier lots shall not have access to both front and rear streets. Single-tier lots should be avoided when possible.

4. Each lot in a subdivision shall have a minimum of sixty (60) feet of frontage on a public or private street, except that lots on a cul-de-sac or eyebrow shall have a minimum length of thirty-five (35) feet at the front property line.

5. Access to an arterial street or limited access collector shall not be allowed when an interior street is provided.

6. The maximum depth of a residential lot shall not exceed three (3) times the width thereof, except where the lots are intended for single-family dwellings, in which case the depth shall not exceed five (5) times the width.

7. The minimum lot depth shall be one hundred (100) feet. Said measurement shall be made through the center of the lot and shall be perpendicular to the property line or radial to the property line on curved streets.

8. Every lot shall front on a public street other than an alley.

9. The subdivision or resubdivision of a tract or lot shall not be permitted where said subdivision places an existing lot or permanent structure in violation of the requirements of the Zoning Regulations set out in Chapter 400 hereof or the minimum design standards of the regulations.

C. Streets.

1. Arrangements of major streets in the subdivision shall conform as nearly as possible to the Comprehensive Plan as adopted by the City and provisions shall be made for the extension of arterial and collector streets. Except for culs-de-sac or eyebrows, streets shall connect with streets already dedicated in adjacent subdivisions, shall be provided for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivided tracts.

2. Streets that dead end in excess of one (1) lot beyond an intersection shall be provided with a temporary cul-de-sac constructed with a minimum of six-inch AB3 on properly compacted subgrade for one (1) year with the possibility of an additional year extension.

3. Where the plat to be submitted includes only part of the tract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider as part of the requirement for preliminary plats.

4. When a tract is subdivided into larger than required building lots or parcels, such lots or parcels shall be so arranged as to permit the continuous location and opening of future streets and appropriate resubdivision.

5. Streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. The minimum angle of intersection of streets generally shall be eighty degrees (80°).

6. Streets entering the opposite sides of a cross-street shall either be directly across from each other or the centerline of the streets shall be offset by at least:

a. One hundred (100) feet from the right-of-way of a residential street to the nearest right-of-way of another residential street; and

b. One hundred fifty (150) feet from the right-of-way of a collector to the nearest right-of-way of a residential or collector street.

7. Limited Access.

a. Commercial Subdivisions. If a commercial subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning and Zoning Commission may require frontage (marginal access) roads, parallel streets or other treatment (such as reverse frontage lots with access control and screening provisions along the rear property line, deep lots with rear service alleys, etc.) as may be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to provide visually safe, attractive roadways.

(1) Parallel Street. A parallel street is a street approximately parallel to the limited access right-of-way at a distance suitable for the appropriate use of land between the two (2) roadways, but never less than one hundred fifty (150) feet. Parallel street rights-of-way shall, when intersecting a cross-street, be located a minimum distance of two hundred fifty (250) feet from the curb or shoulder of the limited access roadway with due consideration given to future grade separations. Access shall be prohibited between the major roadway and the parallel street when said distance is less than four hundred (400) feet.

(2) Frontage (Marginal Access) Road. A frontage (marginal access) road is a road adjacent to the boundary of the limited access right-of-way.

(a) Right-of-way width of fifty (50) feet minimum.

(b) Pavement width of twenty-eight (28) feet minimum. The curb nearest the limited access roadway shall abut the limited access right-of-way.

(c) Radii of two hundred fifty (250) feet minimum.

(3) Frontage (marginal access) road rights-of-way shall, when intersecting a cross-street, be located a minimum distance of two hundred (200) feet from the curb or shoulder of the limited access roadway with due consideration given to future grade separation. Access shall be prohibited between the limited access roadway and the frontage (marginal access) road.

b. Residential Subdivisions.

(1) If a residential subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning and Zoning Commission may require frontage (marginal access) roads, parallel streets or other treatment (such as reverse frontage lots with access control and screening provisions along the rear property line, deep lots with rear service alleys, etc.) as may be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to provide visually safe, attractive roadways.

(2) Marginal access roads should not be used as a primary means of access to residential subdivisions.

8. For all streets hereafter dedicated and accepted in any subdivision, the minimum standards for right-of-way width, pavement width, street grades and street alignment shall be as set out in the APWA standards as adopted except as specifically listed in this Chapter.

a.

(1) Streets which serve commercial or industrial areas, or residential streets which would serve in excess of two thousand (2,000) trips per day, shall be a minimum of thirty-six (36) feet back to back of curb.

(2) Residential streets which provide access to recreational facilities or which would carry traffic volumes of three hundred (300) trips per day or more should be a minimum of twenty-eight (28) feet back to back of curb.

(3) Minor residential (marginal access) streets which would carry less than three hundred (300) trips per day should be a minimum of twenty-eight (28) feet back to back of curb.

The following should be used for calculating trip generation:

TABLE A
Density	Trips/Unit/Day One Way
0 to 2 dwelling units per acre	12.0
2.1 to 4 dwelling units per acre	10.5
4.1 to 6 dwelling units per acre	8.0
6.1 to 8 dwelling units per acre	7.5
8.1 to 10 dwelling units per acre	7.0
10.1 to 12 dwelling units per acre	6.5
12.1 or more dwelling units per acre	5.5

9. In single-family, duplex residential subdivisions or multi-family development, access to a lot shall not be allowed from an arterial street or a limited access collector if access from an interior street is available.

10. Except where justified by special conditions, such as the continuation of an existing alley in the same block, alleys will not be approved in residential districts. Alleys, where provided, shall not be less than twenty (20) feet wide. Intersecting alleys shall have corner cutoffs of at least twenty (20) feet on a side. Dead-end alleys shall be avoided wherever possible but, if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end.

11. Dedication of half streets will not be approved except in the public interest.

12. Curb Radii. Where two (2) residential streets intersect at approximately right angles, so that the smallest angle of intersection is not less than eighty degrees (80°), the curb at each block corner shall be rounded with a radius of twenty-five (25) feet. At all other intersections or where residential street intersects with a divided arterial or arterial street or where two (2) or more divided arterials or arterials meet, cross or otherwise intersect in any combination, the curb radii at such intersections shall be subject to the approval of the City.

13. Sight Distance. No fence, walk, entrance marker, sign, hedge, shrub planting or tree foliage which obstructs sight lines at elevations between two and one-half (2 1/2) feet and eight (8) feet above roadways shall be located within the areas defined by Section 400.220(C) of the Zoning Regulations.

14. Street Signs. The City will purchase street name signs, including post and fixture, one (1) for each intersection in a subdivision and erect and maintain said signs. The subdeveloper will reimburse the City for the purchase price of the signs, post and fixtures.

D. Sidewalks.

1. On all streets, sidewalks shall be constructed on one (1) side of the street. On cul-de-sac streets, the sidewalks need not extend around the bulb of the cul-de-sac.

2. On divided arterials, arterials, collectors and commercial streets sidewalks are required on both sides of the street regardless of the type of development, except that where service road facilities on controlled or limited access pavements are involved, no sidewalks are required, unless the property is being developed residentially, in which case the standards of Subsection (D)(1) above shall apply.

3. When a sidewalk is required on one (1) side of a street, the sidewalk should be placed on the opposite side of the street from the water line.

4. Minimum sidewalk widths shall be four (4) feet. Sidewalks shall be placed one (1) foot away from the property line.

5. Construction Requirements.

a. Minimum sidewalk widths shall be four (4) feet. Sidewalks shall be placed six (6) feet from the back of curb.

b. Three thousand (3,000) PSI concrete will be placed on a compacted surface a minimum of four (4) inches thick at the sidewalks thinnest point.

c. Contraction joints four (4) foot on center (1/8-inch x 3/4-inch deep).

d. Expansion joints abutting existing walks, curbs, driveways or at two hundred fifty (250) foot intervals.

6. Sidewalks are not required in industrial parks unless the Planning and Zoning Commission specifically requests sidewalks during the review process and the Board of Aldermen approves the plat with sidewalks.

E. Easement.

1. An easement for utilities, at least seven and one-half (7 1/2) feet wide, shall be provided along side and rear lot lines where necessary to form a continuous right-of-way at least fifteen (15) feet in width. If necessary for the extension of main water or sewer lines or similar utilities, including storm or sewer lines, easements or greater width will be required along lot lines or across lots. In the event that an easement is deemed unusable, the City Engineer or designee can approve an alternate on the lot(s), which have the unusable easement.

2. Utility easements shall connect with easements established on adjoining properties.

3. Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along the side lot lines.

4. Drainage easements for storm sewers shall be required. Easements shall not be required for open drainage courses if they exist prior to the development and are unchanged by the development.

5. The subdivider shall be required to work out all easements required by the Gas Service Company, the Missouri Public Service Company, Evergy, Spire, Comcast, AT&T and any other public utilities. The final plat presented to the Planning Officer shall reflect acceptance of the proposed easements by stamp or signature of the utility companies involved.

6. Placement of utility easements in residential subdivisions shall take into consideration City of Grain Valley street lighting standards.

7. Existing easements that are recorded and/or platted but not needed and public roadways that conflict with the proposed use or plat must be vacated prior to final plat approval.

8. Any residential lot that a slab/patio type home is built on shall have a finished floor level (FFL) twenty-four (24) inches above the elevation of the top of the curb.

9. No structure, building or fence may be constructed in or on any stormwater easement, unless it is part of the infrastructure improvement.

F. Dedications For Public Sites And Open Spaces.

1. All areas to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when, if and in what manner such areas will be dedicated to or acquired by the appropriate agency and shall conform as nearly as possible to the recommendations of the Comprehensive Plan.

2. All streets, alleys, sidewalks, easements and other public sites, when approved by ordinance, shall not thereafter be changed without the approval of the Board of Aldermen by ordinance following recommendation of the Planning and Zoning Commission and the City Engineer.

G. Planned Unit Developments. Planned unit developments are to be reviewed on their individual merits upon specific application of a developer. Any conflicting regulations herein may be waived to carry out intent of plan.

Section 405.060 Acceptance Of Improvements.

[R.O. 1996 § 405.060; Ord. No. 1084 § 60, 3-10-1997; Ord. No. 1257 § 2, 4-26-1999; Ord. No. 1354, 11-13-2000]

A. Standards And Specifications For Improvements.

1. All improvements required under the provisions of the land subdivision regulations shall be constructed in accordance with the design standards and plan requirements of the land subdivision regulations; the APWA specifications; and, where applicable, the requirements and authorization of the appropriate State agency or utility company.

2. All of the above improvements shall be subject to inspection and approval by the City who shall be notified at least twenty-four (24) hours prior to the start of construction.

B. Improvement Maintenance Guarantee. Prior to the acceptance of public improvements, the subdivider shall provide one (1) of the following:

1. A maintenance bond written by a bonding company, or cash deposited in escrow from which the subdivider would be entitled to any interest earned, for one hundred percent (100%) of the total construction cost for a period of two (2) years after the final acceptance in writing.

2. Bonds or escrow must be set up so the City of Grain Valley can retrieve funds after a proven need. The proven need shall be at the discretion of the City of Grain Valley engineering staff and or, if needed an outside consulting agency approved by the City of Grain Valley. Payment of these services by an outside agency will not be the responsibility of the City of Grain Valley.

C. Acceptance Of Improvements. A certificate of final acceptance for the project will be issued, provided the following requirements are fully met.

1. Improvement maintenance guarantee for twenty percent (20%) of the total construction cost for a period of one (1) year after final acceptance.

2. Execution of final affidavit and agreement.

3. Missouri Department of Natural Resources operating permit for sanitary sewer.

4. Approval from Missouri Department of Natural Resources for the water line bacteriological test.

5. Completed punch-list from the City Inspector.

6. Receipt of as-built mylar drawings.

7. Engineering plans (as-built drawings) shall be accompanied with an electronic copy on disk and the required number of paper copies.

D. Although building permits are allowed to be issued per Section 405.040(I), when water lines and fire hydrants are in operation, the base course of the streets is installed, and a performance bond is submitted, the acceptance of all public improvements must be completed prior to any permanent or temporary occupancy of any buildings within the subdivision.

* Note:

1. A Maintenance Bond Written By A Bonding Company; or

2. Cash deposited in escrow from which the subdivider would be entitled to any interest earned for twenty percent (20%) of the total construction cost for a period of one (1) year after final acceptance.