[R.O. 2006 §405.090; Ord. No. 407 Art. III §1, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
All improvements shall be designed and installed in accordance
with all of the elements of the Comprehensive Plan, approved improvement/construction
plan and shall meet the minimum standards established by the ordinances
and regulations relating thereto.
[R.O. 2006 §405.100; Ord. No. 407 Art. III §2, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
Preparation By A Professional Engineer Or Surveyor. Every plat shall be prepared by a registered professional engineer
or surveyor duly licensed by the State of Missouri who shall endorse
upon each such plat a certificate signed by him/her setting forth
the source of the title of the owner of the land subdivided and the
place of record of the last instrument in the chain of the title.
He/she shall also cause his/her seal to be affixed on the face of
each plat.
[R.O. 2006 §405.110; Ord. No. 407 Art. III §3, 11-16-1981; Ord. No. 1158 §I, 1-2-2001; Ord. No. 1369 §I, 1-6-2004; Ord. No. 1430 §I, 9-7-2004; Ord.
No. 1832 §I, 2-17-2009; Ord. No. 2087 §I, 4-2-2013]
A.
To
insure completion of the improvements herein required, the Board of
Aldermen shall require the subdivider to file a surety bond of evidence
of an escrow account or an irrevocable letter of credit with the City
Finance Officer to ensure the actual construction of such improvements
according to the plans and specifications approved by the Board of
Aldermen within a period of time not to exceed two (2) years from
the date of approval of the final plat. Such bond or account shall
be in the amount of one hundred percent (100%) of the estimated cost
of the improvement as determined by the Public Works Director and
with surety and conditions satisfactory to the Board of Aldermen.
No building construction shall be permitted on any lot that does not
comply with the provisions of these regulations and other applicable
elements of the Comprehensive Plan and/or approved improvement/construction
plan and no municipal utility service shall be furnished to such lot.
1.
Completion of construction. The construction of
all subdivision improvements shall be completed within two (2) years
of signing of the final plat by the Mayor of the City of Warrenton.
The Board of Aldermen may grant time extension for those developments
showing good cause as to why the improvements have not been completed.
In the event that an extension is requested and granted, the escrow,
surety bond or irrevocable letter of credit for those developments
not completed shall be extended for the same period of time.
2.
Construction approval. When the Public Works Director
or Building Commissioner approves the completion of each phase of
improvement construction, ninety-five percent (95%) of the appropriate
amount of escrow will be released by the City. Prior to release of
escrow "as-built" construction plans in a digital format (CAD.dxf/dwg)
in State plane coordinates and .pdf format plus one (1) set of paper
sets shall be provided to the City. Items that are to be "as-built"
are storm systems (including detention/retention basins), sanitary
systems, water systems, pavement and required signage.
3.
Final approval. Upon completion and approval of
all improvements and receipt of all required documentation, the balance
of the escrow will be released.
4.
Failure of construction of improvements. Upon the
default or failure of the subdivider to complete such improvements
within said two (2) year period or any extension thereof granted by
the Board of Aldermen, the subdivider shall be considered in default
and the City will become the owner of the escrow account or may make
demand upon the surety bond or irrevocable letter of credit.
[Ord. No. 2087 §I, 4-2-2013]
A.
Maintenance Escrow During Building Construction. Once the
infrastructure has been installed, inspected and accepted by the City
following the schedule above, the developer shall put up a new maintenance
escrow that would ensure that the infrastructure remains in an acceptable
condition during the building construction. This new escrow shall
be put in place as a condition of the full release of the original
development escrow and acceptance of the infrastructure for maintenance
purposes by the City. If fewer than three (3) months have passed since
the correction of deficiencies at the ninety-five percent (95%) escrow
release, then no additional inspections would be required prior to
establishing the maintenance escrow. With the maintenance escrow in
place, the City's maintenance responsibilities will be limited to:
snow plowing, pavement striping and payment of street lighting bills.
The administration of this new maintenance escrow shall be in a similar
manner to the development escrow.
B.
The
developer may choose if and how the maintenance escrow is replaced
by a successor builder or builders as long as all City requirements
are met. The City will review and approve any such replacement escrows.
This new maintenance escrow will assure the City that it has a fund
dedicated for the specific purpose of correcting damage to the public
infrastructure that occurs during the building construction and that
all stakeholders (developer, builders, banks and City) are aware that
this fund will be used to correct such damage. The escrow agreement
and financial surety shall be approved by the City Attorney. The maintenance
escrow agreement and financial surety shall not expire until ninety-five
percent (95%) of the buildings have been completed with occupancy
approved. The escrow agreement shall clearly indicate that the developer/builder
will be required to post additional financial surety should deficiencies
arise that would cost more to repair than what is held in the maintenance
escrow fund. With the construction of the final five percent (5%)
of the buildings not covered by the maintenance escrow, the builders
and contractors are not released from damage that is caused by their
construction activities. Maintenance escrows shall be set up on a
per plat basis and the amount of the maintenance escrow funds shall
be as follows:
1.
Streets. Five percent (5%) of the previously approved
cost estimate from the development escrow.
2.
Erosion control. A new estimate shall be provided
for the cost of any grading, vegetation or erosion control that may
be necessary during the period that lots are vacant (prior to a building
permit being issued). This new cost estimate is to be approved by
the City prior to acceptance of the maintenance escrow agreement.
3.
Storm sewers. Five percent (5%) of the previously
approved cost estimate from the development escrow.
4.
Sanitary sewers. Five percent (5%) of the previously
approved cost estimate from the development escrow.
5.
Water. Five percent (5%) of the previously approved
cost estimate from the development escrow.
6.
Sidewalks. One hundred percent (100%) of the cost
of the remaining sidewalks to be installed plus five percent (5%)
of the previously approved cost estimate from the development escrow
of the sidewalks that have been installed.
7.
Street lights and street signs. Five percent (5%)
of the previously approved cost estimate.
8.
Additional funds may be required for special circumstances for all
items listed above.
9.
Once all requirements have been satisfied and deficiencies corrected,
the builder may request release of the maintenance escrow. The Public
Works Director and/or the Building Commissioner shall certify to the
Mayor and Board of Aldermen that all requirements have been complied
with and request the release of the funds held for the maintenance
escrow agreement.
[R.O. 2006 §405.120; Ord. No. 407 Art. III §4, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
Survey monuments shall be placed by a land surveyor at all street
corners, and so located to find angle points, points of tangency of
curves on one (1) side of the street, and at all boundary corners.
Monuments shall be of Portland cement concrete, four (4) inches square
on the top and six (6) inches square on the bottom with a length of
two (2) feet. A permanent marker shall be set in a cylinder of Portland
cement concrete six (6) inches in diameter. Steel pipe encased in
Portland cement concrete extending below the frost line may be substituted
for a concrete monument. Should conditions prohibit the placing of
any monuments at the above locations, offsetting of the permanent
marker is permitted; provided however, that exact off-street courses
and distances are shown on the record subdivision, the elevation of
which shall be referred to as mean sea level and accurately noted
on the record subdivision plat.
[R.O. 2006 §405.130; Ord. No. 407 Art. III §5, 11-16-1981; Ord. No. 632 §1, 2-6-1990; Ord. No. 680 §1, 3-5-1991; Ord. No. 1433 §§I — II, 9-7-2004; Ord. No. 1832 §II, 2-17-2009; Ord. No. 2087 §I, 4-2-2013]
A.
The
subdivider of any subdivision designed to be used for residential,
commercial, industrial, or other purposes shall lay out, grade, and
otherwise improve all streets that are designed on the approved plat
or that directly serve the subdivision in accordance with the specifications
of the City and in accordance with the following provisions:
1.
The design of an improvement of an intersection of any new street
with an existing State or Federal highway shall be in accordance with
the specifications of the Missouri Highway Department, but in no case
shall the standard be less than the applicable City specifications.
2.
Whenever a subdivision contains a major street that requires a street
facility that is more costly than is required to serve the future
occupants of the subdivision, the subdivider shall be required to
pay only the portion of the cost of the major street that would equal
the cost of an improvement required to serve only the subdivision,
as determined by the Planning and Zoning Commission.
3.
All minor streets in "R-1," "R-2" and "R-3" zoning districts shall
be improved with a durable hard-surface roadway, consisting of either
(a) or (b) of the following or an approved equivalent:
a.
Six (6) inches of Portland cement concrete pavement with four (4)
inches of compacted, rolled stone aggregate on compacted subgrade.
Portland cement concrete pavement shall conform to Section 501 of
the 1986 Edition of the Missouri Standard Specifications for Highway
Construction. Subgrade shall be compacted to ninety-five percent (95%)
of maximum dry density, as determined by ASTM-D698.
b.
Asphaltic concrete consisting of one and one-half (1½) inches
of Type "C" wearing surface, two and one-half (2½) inches of
Type "B" base course, and eight (8) inches of aggregate base course.
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Said streets shall comply with the following:
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a.
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The aggregate base course should conform to Sections 034 and
1007 (Types 1 and/or 2) of the M.S.S.H.C. Standard Specifications,
and should be compacted to at least ninety-five percent (95%) of the
maximum dry density, as established by ASTM-D698.
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b.
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Compaction tests shall be taken at the direction of the City
Public Works Director at irregular intervals not exceeding one hundred
(100) feet and certified by the engineer at the contractor's cost
prior to paving.
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c.
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The rolled stone aggregate as required in Subsection (3)(a) hereof may be eliminated if the Atterburg Limit determination test by the soils engineer reveals that the soil is not highly plastic. A liquid limit greater than fifty percent (50%), and a plasticity index greater than twenty-five percent (25%) shall be considered a highly plastic soil as established by ASTM-D4318.
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All construction methods shall be approved by the Public Works
Director or the City Engineer, prior to paving.
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4.
A suitable curb and gutter shall be constructed along the outside lines of all street pavements except as provided by Section 405.080(G)(2). The type of curb and gutter shall be in compliance with the ADA 1990, Article II and shall meet the City standards and be subject to approval of the Director of Public Works.
5.
It shall be the responsibility of the developer to provide and install
all street and traffic signs as directed by the Public Works Director
prior to issuance of an occupancy permit. The Public Works Director
or his/her designee shall provide the following:
[R.O. 2006 §405.140; Ord. No. 407 Art. III §6, 11-16-1981; Ord. No. 1038 §§I — III, 11-17-1998; Ord. No. 1832 §III, 2-17-2009; Ord. No. 2011 §I, 10-4-2011; Ord. No. 2087 §I, 4-2-2013; Ord. No. 2367, 8-15-2017; Ord. No. 2759, 5-16-2023]
A.
Sidewalks
shall be required at a minimum on one (1) side of all streets and
are to be located within the street right-of-way or a minimum ten
(10) foot wide front lot sidewalk and utility easement unless otherwise
provided for in these regulations, except in the following situation:
B.
Sidewalks
shall be constructed in accordance with City specifications. However,
in the absence of applicable specifications, the minimum requirement
for sidewalks shall be as follows:
1.
Residential sidewalks shall be of concrete, four (4) feet wide and
four (4) inches thick, except in driveways where a six (6) inch thickness
shall be required. Residential sidewalks require a compacted rock
base with four (4) inches of one (1) inch minus rock, except in driveways
where a six (6) inch compacted rock base shall be required.
2.
Non-residential sidewalks shall be of concrete, four (4) feet wide
and four (4) inches thick, except at driveways where a six (6) inch
thickness shall be required. Non-residential sidewalks require a compacted
rock base with four (4) inches of one (1) inch minus rock, except
in driveways where a six (6) inch compacted rock base shall be required.
C.
Should the Board of Aldermen determine that the sidewalks required
by this Section are not necessary for public safety or where topographical
or other conditions make their installation and use impractical, an
alternate cash payment equivalent to the cost of construction, as
determined by the Building Commissioner, of required sidewalks at
the time of plat approval will be required in lieu of the installation
of the required sidewalks. The cash payments are to be deposited into
a special sidewalk fund for the development or installation of sidewalks
in the community. In the event the Board of Aldermen allows for cash
payment under the provisions of this Section, a sidewalk easement
shall be given to the City as specified by the Director of Public
Works prior to the approval of any plat and/or payment into the sidewalk
fund.
D.
Open
space, otherwise known as green space, shall be required between street
curbs and sidewalks and shall be at least six (6) feet wide unless
otherwise provided by the Public Works Director. If it is deemed necessary
by the Public Works Director that said width be reduced or that sidewalks
be adjacent to street curbs, said street curbs shall be vertical to
prohibit vehicle parking on sidewalks. If open space is available,
underground utilities shall be located within the open space if on
same side of street to allow accessibility for maintenance.
[Ord. No. 2480, 7-16-2019]
A.
Approvals.
Cluster mailbox areas and cluster-style mailboxes shall be required
as directed by the U.S. Postmaster and shall be shown on the preliminary
plat and may not be located within the City rights-of-way or easements.
Prior to Board of Aldermen approval of the final subdivision plat,
written documentation of the approval of the location and layout by
the United States Postal Service or its representative must be provided.
B.
Parking.
Off-street parking in a number and layout acceptable to the City is
required.
C.
Responsibility.
Documentation of existence of an HOA delineating the responsibility
for future maintenance of the cluster-style mailboxes and associated
parking and loading areas is required.
[R.O. 2006 §405.150; Ord. No. 690 §1, 6-4-1991; Ord.
No. 1159 §I, 1-2-2001; Ord. No. 1431 §I, 9-7-2004; Ord. No. 2087 §I, 4-2-2013]
A.
The
subdivider of any subdivision designed to be used for residential
purposes shall provide park area and open spaces (accessible to the
public) or in lieu thereof, at the option of the City, a payment of
money in an amount in accordance with the following schedule:
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Number of single-family units
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x
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3.2 people per unit
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x
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0.006 acres per person
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x
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appraised value per acre
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=
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amount due
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Number of multi-family units
|
x
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2.5 people per unit
|
x
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0.006 acres per person
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x
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appraised value per acre
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=
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amount due
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B.
The
total number of acres calculated from the above schedule shall be
rounded to the nearest one-tenth (1/10) of an acre. Acreage required
below six-hundredths (1/600) (0.06) acres shall be rounded to zero.
C.
Acres
required for park or open space dedication based on the following
schedule:
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Single-Family Units
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Number of Units
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Number of Acres
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24 to 28
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0.5
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29 to 33
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0.6
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34 to 39
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0.7
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40 to 44
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0.8
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|
45 to 49
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0.9
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50 to 54
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1.0
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55 to 59
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1.1
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60 to 65
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1.2
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66 to 70
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1.3
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71 to 75
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1.4
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Duplex and Multi-Family Units
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|---|---|
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Number of Units
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Number of Acres
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|
24 to 29
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0.4
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30 to 36
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0.5
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37 to 43
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0.6
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|
44 to 49
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0.7
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|
50 to 56
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0.8
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57 to 63
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0.9
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|
64 to 69
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1.0
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70 to 76
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1.1
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77 to 83
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1.2
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84 to 89
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1.3
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D.
The
subdivider shall provide one (1) appraisal of the subject or similar
property at the time of subdivision to the City Clerk along with the
preliminary plat. Additional appraisals required by the City to determine
a fair value of the subject property will be obtained by the Building
Commissioner at City expense.
E.
If
the subdivision contains twenty-three (23) or fewer lots or twenty-three
(23) or fewer units, or should the Board of Aldermen determine that
the proposed park area or open space does not meet the City's Park
Acquisition Plan, an alternate cash payment equivalent to the specified
number of acres of park and open spaces required times the dollar
per acre value will be required, based upon the City approved appraisal.
F.
Dedication
of park and open space or the equivalent cash payments shall be made
to the City prior to signing of the final plat by the Mayor of the
City of Warrenton and issuance of any building permits by the City.
G.
The
payments are to be deposited into a special park fund for the development
or acquisition of park or open space areas in the community.
H.
Open
space, otherwise known as green space, shall be required between street
curbs and sidewalks and shall be at least six (6) feet wide unless
otherwise provided by the Public Works Director. If it is deemed necessary
by the Public Works Director that said width be reduced or that said
sidewalks be adjacent to street curbs, said street curbs shall be
vertical to prohibit vehicle parking on sidewalks. If open space is
available, underground utilities shall be located within the open
space, if on same side of street, to allow accessibility for maintenance.
[R.O. 2006 §405.160; Ord. No. 407 Art. III §8, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
The subdivider shall install water lines and fire hydrants.
Installation shall be in accordance with the specifications governing
water line construction.
[R.O. 2006 §405.170; Ord. No. 407 Art. III §9, 11-16-1981; Ord. No. 2087 §I, 4-2-2013]
A.
The
subdivider shall install sanitary sewers whenever a sanitary sewer
is reasonably accessible as determined by the Board of Aldermen. Sanitary
sewers shall be installed in accordance with the specifications governing
sanitary sewer construction.
B.
Whenever
a sanitary sewer is not reasonably accessible, septic tanks or other
unit disposal systems may be used in accordance with the following
provisions:
1.
A lot for residential use on which a unit disposal system is located
shall not be less than ten thousand (10,000) square feet in area.
2.
No portion of any unit disposal system shall be located closer than
twenty (20) feet to the lot line of the lot on which the system is
located.
3.
All unit disposal systems shall comply with the requirements of the
State and County Health Department.
C.
Where
larger sewers are required to service additional areas outside the
subdivision boundaries, the additional cost should be negotiated with
the City.
[R.O. 2006 §405.180; Ord. No. 407 Art. III §10, 11-16-1981; Ord. No. 1132 §I, 7-18-2000; Ord. No. 2087 §I, 4-2-2013]
Storm water management shall be controlled as set out in Chapter 430 of this Title and shall be incorporated in these Subdivision Regulations as if set out fully herein.
[R.O. 2006 §405.190; Ord. No. 407 Art. III §11, 11-16-1981; Ord. No. 2087 §I, 4-2-2013; Ord. No. 2563, 11-17-2020]
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, storm water improvements, collector box units,
or other physical facilities necessary or desirable for the welfare
of the areas, or that of common use or benefit which are not or cannot
be satisfactorily maintained by an existing public agency, provision
shall be made which is acceptable to the agency having jurisdiction
over the location and maintenance of such facilities for the proper
and continuous operation, maintenance, and supervision of such facilities.
