[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.
[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:
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.
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.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys.
A person, partnership, firm, association, corporation or
any other entity undertaking the construction of residential, commercial
or industrial improvements.
A structure for the purpose of housing or enclosing of persons,
animals or personal property.
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.
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.
The City of Grain Valley, Jackson County, Missouri.
All development other than recreational, open space, multi-family
or other residential housing units.
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.
A street having one (1) end open to traffic and being permanently
terminated by a vehicle turnaround.
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.
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.
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.
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.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
The City Engineer of the City of Grain Valley or whomever
shall be designated as engineer by the City Administrator.
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."
The ratio of the largest single floor area to gross site
area.
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.
The slope of a road, street or other public way, specified
in percent (%) of vertical to horizontal measurements.
Jackson County Health Department.
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.
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.
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.
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.
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.
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.
A right-of-way, dedicated to public or private use, which
cuts across a block to facilitate pedestrian access to adjacent streets
and properties.
A zoning district used in conjunction with other zoning districts
as an overlay district.
Commission established by separate ordinance for the purpose
of promulgating orderly planning and zoning in Grain Valley.
The Community Development Director of the City of Grain Valley
or whomever shall be designated as Planning Officer by the City Administrator.
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.
A complete and exact subdivision plat, prepared for official
recording as required by these regulations, to define property boundaries,
proposed streets and other improvements.
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.
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.
The land opened, reserved or dedicated for a street, walk
or other public purpose.
A permanently surfaced area for the exclusive use of pedestrians.
Lots with frontage onto both front and rear streets.
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.
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.
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.
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.
Residential Street. A street providing
for direct access to abutting land and for local traffic movements.
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.
Commercial Street. A street providing
for the collection and distribution of traffic through commercial
areas.
Frontage Road. The frontage road,
parallel to State highways, provides traffic circulation within commercial
and industrial districts from the State highway system.
A strip of land which affords principal access to property
abutting thereon which is owned, controlled and maintained by persons
other than the public.
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.
Any person who, having an interest in land:
Causes it directly or indirectly to be divided into a subdivision;
or
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
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
Is directly or indirectly controlled by or under direct or indirect
common control with any of the foregoing.
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.
[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.
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:
(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:
(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.
[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.
[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.
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:
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.
(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.
[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:
