Cross Reference — As to requirement to plant grass or sod, §500.080.
[Ord. No. 124 Art. I §1; Ord. No. 06-053 §1, 7-24-2006]
No owner, or agent of the owner, of any land located within
the platting jurisdiction of the City of Herculaneum, knowingly or
with intent to defraud, may transfer, sell, agree to sell or negotiate
to sell that land by reference to or by other use of a plat of any
purported subdivision of the land before the plat has been approved
by the Council or Planning Commission and recorded in the Jefferson
County Recorder's office unless the owner or agent shall disclose
in writing that such plat has not been approved by such Council or
Planning Commission and the sale is contingent upon the approval of
such plat by such Council or Planning Commission. Any person violating
the provisions of this Section shall forfeit and pay to the municipality
a penalty not to exceed three hundred dollars ($300.00) for each lot
transferred or sold or agreed or negotiated to be sold and the description
by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the
transaction from this penalty. The City may enjoin or vacate the transfer
or sale or agreement by legal action and may recover the penalty in
such action.
[Ord. No. 124 Art. I §2]
The approval of a plat by the Commission does not constitute
or effect an acceptance by the City of Herculaneum or public of the
dedication to public use of any street or other ground shown upon
the plat.
[Ord. No. 124 Art I §3]
Land unsuitable for subdivision development due to drainage,
flooding, steep slope, rock formation or any other conditions constituting
a danger to health, life or property shall not be approved for subdivision
development unless the Developer presents evidence or data satisfactory
to the Commission establishing that the methods proposed to meet any
such condition are adequate to avoid any danger to health, life or
property.
[Ord. No. 124 Art I §4]
Every plat shall be prepared by a registered land surveyor or
registered professional engineer duly licensed by the State, who shall
endorse upon each such plat a certificate signed by him 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,
and shall cause his seal to be affixed on the face of the plat.
[Ord. No. 124 Art. I §5]
A.
Any
person who wishes to cause to be recorded in the Jefferson County
Recorder of Deeds a plan of land, and who believes that his plan does
not require approval under this Chapter may submit his plan and application
Form A to the Planning Commission accompanied by the necessary evidence
to show that the plan does not require approval. Said person shall
file, by delivery or registered mail, a notice with the City Clerk
stating the date of submission for such determination and accompanied
by a copy of said application. If the notice is given by delivery,
the City Clerk shall, if requested, give a written receipt therefor.
If the Planning Commission determines that the plan does not require
approval, it shall without a public hearing and without unnecessary
delay endorse on the plan the words "Approval under this Chapter not
required."
B.
The
Planning Commission may add to such endorsement a statement of the
reason approval is not required. The plan will be returned to the
applicant, and the Planning Commission shall notify the City Clerk
of its action.
C.
If
the Planning Commission determines that the plan does require approval
under this Chapter, it will so inform the applicant and return the
plan. The Planning Commission will also notify the City Clerk of its
action.
D.
If
the Planning Commission fails to act upon a plan submitted under this
Section within fourteen (14) days after its submission, it shall be
deemed to have determined that approval under this Chapter is not
required.
[Ord. No. 124 Art. I §6]
A subdivision of land into four (4) lots or less and which does
not include any new streets, easements, rights-of-way or improvements
and whose aggregate is more than one (1) acre, shall be exempt from
the escrow and bonding provisions herein and shall only be required
to submit the record plat provided for herein.
[Ord. No. 124 Art. I §7]
As used in this Chapter the following definitions apply:
A secondary means of ingress and egress serving more than
one tract of land and used primarily for vehicular service.
A definite point of known elevation and location and of more
or less permanent character.
An area of land surrounded by public highways, streets, streams,
railroad right-of-way, parks or other similar areas or facilities.
A line on a plat between which line and the street right-of-way,
no portion of the building may be erected, excluding landings, open
balconies and roof overhangs, subject, however, to the further requirements
of this Title.
The Planning Commission of Herculaneum or its equivalent.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by a warranty
deed to trustees whose trust indenture shall provide that said common
land be used for the sole benefit, use and enjoyment of the lot owners
present and future. No lot owner shall have the right to convey his
interest in the common land except as an incident of the ownership
of a regularly platted lot.
A plan or any portion thereof for the coordinated development
of Herculaneum, adopted in accordance with the provisions of Section
89.300, Chapter 89 of the Revised Statutes of the State of Missouri.
A street having only one end open for vehicular traffic and
the other permanently terminated by a turnaround for vehicles.
That person, firm or corporation by whom a tract will be
subdivided and improved pursuant to the requirements of this Chapter.
A grant by a property owner to the public, a corporation,
or a person of the use of land for a specific purpose.
A grant by a property owner to the City for the purpose of
road maintenance, improvement, and widening.
A grant by a property owner to a public utility company for
the purpose of installation, improvement and maintenance of public
utilities.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust
company, attorney or any other person or agency approved by the City
Council to act as escrow agent under the provisions of this Chapter.
A geographic area susceptible to periodic inundation from
overflow of natural waterways and determined as to extent in Herculaneum
by the 1974 Flood Hazard Boundary Map as prepared by the Department
of Housing and Urban Development, Federal Insurance Administration.
That edge of a lot bordering a street.
See street.
Street pavement, sidewalk pavement, pedestrian way pavement,
water mains, storm sewers, sanitary sewers, signs, monuments, landscaping,
street lights, and other similar items.
The engineering drawings showing types of materials and construction
details for the physical structures and facilities excluding dwelling
units to be installed in conjunction with the development of the subdivision.
A land surveyor registered in the State of Missouri.
A platted parcel of land intended to be separately owned,
developed, or otherwise used as a unit.
The total horizontal area within the boundaries of a lot
exclusive of any area designated for street purposes.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
Either on both of (a) a division or re-division of a tract
into more than one lot, plat or site for commercial or industrial
purposes, and (b) the dedication or establishment of a street, alley,
pedestrian or public way in conjunction with or use in any such tract.
A paved vehicle storage area directly adjacent to the Multiple
Family Access Street pavement.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets and properties, and for the
exclusive use of pedestrian traffic.
The plat containing the signature of the Secretary of the
Planning Commission or the Clerk of the City of Herculaneum which
designates final approval and is recorded in the Recorder of Deeds'
Office of Jefferson County.
See street.
The line parallel to the front, side, or rear lot line establishing
the minimum space to be provided as the front, side or rear yard.
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
A general term denoting public or private thoroughfare which
affords the principal means of access to abutting property. The term
includes all facilities which normally occur within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, court,
but shall not include an alley or a pedestrian way.
A street so designated on the major highway plan adopted
by the Commission, or otherwise designated for high vehicular speeds
or for heavy volumes of traffic on a continuous route with intersections
at grade.
Collector streets function as secondary land service streets
in that they move traffic from the major streets, which distribute
traffic regionally, to minor streets, which distribute the traffic
to individual lots, parcels and uses within the subdivision, area,
or neighborhood. Collector streets also may serve individual lots,
parcels, and uses as secondary or additional function.
Minor streets are exclusively land service facilities for
access to abutting properties. These serve the local neighborhood
and are in the form of a cul-de-sac or loop street; provided however,
that any combination of loop and cul-de-sac streets may be utilized
without the streets being designated as collector streets provided
that such an arrangement serves the same function. Loop streets are
short independent streets which usually terminate along the same collector
streets of their origin. Cul-de-sac streets are short independent
streets terminating in a circular turnaround.
A minor street generally parallel to an adjacent to arterial
streets and highways, which provides access to abutting properties
and protection from through traffic.
A private thoroughfare which affords a means of access to
parking areas and bays and to abutting buildings which are developed
solely or principally as multi-family dwellings.
The division of a tract of land into two (2) or more lots
and shall include re-subdivision, and, when appropriate to the context,
shall relate to the process of subdivision, or the land or territory
subdivided; provided however, that the division of a tract of land
into two (2) or more lots shall not be deemed to constitute a subdivision
within the meaning of the subdivision control law if, at the time
when it is made, every lot within the tract so divided has frontage
on (a) a public way or a way which the Clerk of the City of Herculaneum
certifies is maintained and used as a public way, or (b) a way shown
on a plan theretofore approved and endorsed in accordance with this
Chapter, or (c) a way in existence when this Chapter control law became
effective in the City of Herculaneum in which the land lies, having,
in the opinion of the Planning Commission, sufficient width, suitable
grades and adequate construction to provide for the needs of vehicular
traffic in relation to the proposed use of the land abutting thereon
or served thereby, and for the installation of municipal services
to serve such land and the buildings erected or to be erected thereon.
Such frontage shall be of at least such distance as is then required
by zoning or other ordinance, if any, of the City of Herculaneum for
erection of a building on such lot, and if no distance is so required,
such frontage shall be at least twenty (20) feet. Conveyances or other
instruments adding to, taking away from, or changing the size and
shape of, lots in such a manner as not to leave any lot so affected
without the frontage above set forth, or the division of a tract of
land on which two (2) or more buildings were standing when the Subdivision
Ordinance went into effect in the City of Herculaneum in which the
land lies into separate lots on each of which one of such buildings
remains standing, shall not constitute a subdivision.
A subdivision of land, intended for construction of detached
single family dwelling units.
A tract of land, whether divided into separate lots or not,
which is intended entirely for the construction of duplexes, multiple
family dwellings, row houses, and other arrangements of attached or
connected building units.
An insurance company qualified and acting under the provisions
of Chapter 379 Revised Statutes of Missouri which has met the requirements
of Section 379.020 thereof and which is approved by the City Attorney
to act as surety under Section 1005.080 of this Chapter.
A corporation qualified and acting under the Missouri Title
Insurance Law or a corporation which is an issuing agency for an insurance
company insuring land titles.
An area or parcel of land which the developers intend to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this Chapter.
Any ordinance, as from time to time amended, which controls
and regulates zoning for the City of Herculaneum.
[Ord. No. 371A §2, 3-21-1988; Ord. No. 02-017 §1, 6-10-2002]
The City Building Inspector or Public Works Coordinator shall
have authority to require slump tests or cylinder tests of concrete
being laid in City streets and to require adequate and satisfactory
standards as determined by them in the quality of the concrete.
[Ord. No. 124 Art. II §1]
The developer shall prepare and submit to the Commission two
(2) copies of a Preliminary Plat of the tract.
[Ord. No. 124 Art. II §2]
The Preliminary Plat shall be accompanied by and the developer
shall file by delivery or registered mail a notice with the City Clerk
stating the date of submission for such approval of a Preliminary
Plat.
[Ord. No. 124 Art. II §3]
A.
The
Preliminary Plat shall be any scale from one (1) inch equals twenty
(20) feet through one (1) inch equals two hundred (200) feet, so long
as the scale is in increment of ten (10) feet, and shall contain the
following information:
1.
A key map showing the tract and its relation to the surrounding area.
2.
A north arrow and graphic scale.
3.
The name proposed for the tract or such part thereof as is proposed
to be subdivided, date of submission to the Commission, and the following
names and addresses:
4.
The approximate area of the tract stated in tenths of an acre.
5.
Sufficient contour data to indicate the slope and drainage of the
tract and the high and low points thereof. Contour data shall extend
one hundred and fifty (150) feet beyond the limits of the subdivision
boundaries. U.S.G.S. data is acceptable.
6.
The location of existing and proposed property lines, streets, water
courses, sink holes, areas within the tract subject to inundation
by storm water, railroads, bridges, culverts, storm sewers, sanitary
sewers, easements of record, existing buildings or other improvements
that are to remain.
7.
The results of any tests made to ascertain subsurface rock and soil
conditions and the water table, if any.
8.
The Zoning District, including delineation of Flood Plain Zoning
District, if any, and the City, Range, Section and U.S. Survey, School
District, Fire District, Water District, and other special districts
in which the tract is located.
9.
Any proposed alteration, adjustment or change in the elevation or
topography of any area in a Flood Plain Zoning District.
10.
Approximate area in square feet of minimum and maximum size lots,
if less than one acre, and in acres and tenths of acres if one acre
or more in area, into which the tract is proposed to be subdivided.
11.
Proposed type of treatment or method of sewage disposal to include
name of trunk line, lateral or qualified sewage treatment system,
where applicable.
12.
If the developer intends to subdivide any portion of the parcel into
a multiple dwelling unit subdivision or a subdivision being developed
under a special procedure section of the Zoning Ordinance then the
Preliminary Plat shall, in addition, include the following data:
13.
A certification by the party who prepared the plat that the plat
is a correct representation of all existing and proposed land divisions.
[Ord. No. 124 Art. II §4]
A.
The developer shall further submit along with the Preliminary Plat information required in Section 445.100 above, the following which shall be submitted in writing, but graphic portrayal is not required:
1.
The location of the tract in relation to the surrounding area.
2.
The names of the owners of all property adjoining the tract as disclosed
by the most recent Assessor's record.
3.
Direction of and approximate distance to nearest elementary and high
school.
4.
Direction of and approximate distance to nearest shopping areas.
5.
Direction of and approximate distance to the nearest major street
intersection.
[Ord. No. 124 Art. II §5]
A.
The
Commission shall review the Preliminary Plat and give notice of its
action within thirty (30) days of the date of submission to the City
Clerk. Approval of the Plat does not constitute formal acceptance
of the subdivision by the Commission.
B.
If
the plat is satisfactory, the Secretary of the Commission shall give
notice in writing to the developer denoting satisfactory compliance
with the requirements of this Chapter.
C.
If
the Preliminary Plat is unsatisfactory, the Commission shall give
notice to the Developer in writing, setting forth the conditions causing
the disapproval, and the unsatisfactory conditions shall be remedied
prior to further consideration by the Commission.
D.
Whenever
a Preliminary Plat includes a proposed establishment of common land,
and the Commission finds that such land is not suitable for common
land due to terrain, benefit to a small portion of the lot owners,
difficulty of maintenance or any similar reason, the Commission may
either refuse to approve such an establishment, or it may require
the rearrangement of the lots in the proposed subdivision to include
such land.
In any case where the establishment of common land is permitted
to be included in the subdivision of a tract, a trust indenture shall
be recorded simultaneously with the record plat which shall provide
for the proper and continuous maintenance and supervision of said
common land by Trustees to be selected and to act in accordance with
the terms of such indenture and the common land shall be deeded to
the Trustees under said indenture by general warranty deed. Any alterations
of the common land or improvement will be considered a required improvement.
E.
The
approval by the Commission of the Preliminary Plat shall be valid
for a period of two (2) years from the date of approval or such longer
period as the Commission may determine to be advisable if after review
by the Commission such longer period is necessary to facilitate adequate
and coordinated provisions for transportation, water, sewerage, schools,
parks, playgrounds or other public requirements. If no record plat
of a subdivision of any part of the tract for which a Preliminary
Plat has been approved is recorded within said two (2) year period,
or such longer period as the Commission shall permit, a re-submission
and review thereof by the Commission may be required.
[Ord. No. 124 Art. II §6]
After the Preliminary Plat is approved, the developer shall
have a registered professional engineer prepare and submit three (3)
copies for the subdivision of all or any part of the tract for review
and approval by the Commission. Improvement plans shall be prepared
on an exhibit twenty-four (24) inches by thirty-six (36) inches; provided
however, that the developer may submit his improvement plans at any
time after filing of the Preliminary Plat at his own cost and risk.
[Ord. No. 124 Art. II §7]
The Improvement Plans shall be accompanied by and the developer
shall file by delivery or registered mail a notice with the City Clerk
stating the date of submission for such approval of the Improvement
Plan.
[Ord. No. 124 Art. II §8]
A.
Title,
page, which shall include key map showing the relationship of the
area to be subdivided to the tract and which shall reflect areas of
the tract previously subdivided plus adjacent streets.
B.
North
arrow and graphic scale.
C.
Title
block showing name and address of developer and engineering firm,
as well as the engineer's seal.
D.
One
or more bench marks, in or near the subdivision, to which the subdivision
is referenced. The identity and elevation shall be based on the sea
level datum.
E.
List
of the standards and specifications followed, citing volume, section,
page or other reference.
F.
Paving
details conforming to the City of Herculaneum standard specifications.
G.
Details
of streets, existing and proposed sanitary sewers, drainage channels,
swales, and storm sewers, together with drainage area computations
for storm water.
H.
Plans
and profiles of streets and sewers, scale not less than one (1) inch
equals one hundred (100) feet horizontal; and one (1) inch equals
ten (10) feet vertical.
I.
Existing
and proposed survey monuments on street plans or on submitted copy
of plans to be on proposed record plat.
J.
If
the developer desires to develop the tract in stages, he shall so
indicate on the Improvement Plans and specifically show the areas,
improvements, estimated cost and estimated dates of completion for
each stage.
K.
Any
letters or documentation indicating that the proposed sewerage disposal
facilities for the tract to be developed have been approved by the
appropriate State and local agency empowered to regulate sewerage
disposal within the area in which the tract lies.
[Ord. No. 124 Art. II §9; Ord. No. 02-017 §1, 6-10-2002]
A.
The Improvement Plans shall first be reviewed by the Commission and the Public Works Coordinator. If the Commission requires and changes the Improvement Plan submitted and such changes affect the grade, location, or design of the sewerage system serving the subdivision, it shall be resubmitted to the appropriate agency approving the plan as provided in Section 445.150 (K) above.
B.
Complete
approval of the plans by all reviewing agencies and payment of inspection
fees constitute authority to start construction or to post bond or
escrow to cover the cost of improvements.
C.
Approval
by the Commission of the Improvement Plan shall be valid for a period
of two (2) years from the date of approval, or for such longer period
as the Commission may determine to be advisable if after review by
the Commission such longer period is necessary to facilitate adequate
and coordinated provisions for transportation, water, sewerage, school,
parks, playgrounds, or other public requirements. If the construction
of the improvements shall not have been completed within said two
(2) year period or such longer period as the Commission may permit,
a re-submission and review of the improved plans by the Commission
may be required.
[Ord. No. 124 Art. II §10]
A.
After
the Improvement Plans have been approved and all inspection fees paid,
the developer shall either:
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the appropriate inspecting
agency, or
2.
Post a land subdivision bond or enter into escrow agreement in accordance
with the provisions hereafter set forth. The land subdivision bond
or escrow agreement shall be prepared and executed and submitted to
the Board of Aldermen for approval or disapproval. Such completion
of all improvements, the posting of bond or the establishment of an
escrow agreement for the total estimated cost of improvement, shall
be a condition precedent to the approval of the Record Plat, unless
the developer has elected to improve the subdivision in stages, in
which case bond, escrow or improvement shall only be required for
the stage to be developed.
[Ord. No. 124 Art. II §11]
A land subdivision bond shall be issued by a surety company
or a title insurance company and shall insure or guarantee, to the
extent of the amount specified by the Commission in its estimate of
the cost thereof, the construction and completion of the improvements
shown by the approved improvement plans.
[Ord. No. 124 Art. II §12]
A.
An
escrow agreement shall provide that there shall be deposited with
the escrow agent to be held in a special escrow account by the escrow
agent, subject to audit by the City of Herculaneum.
1.
A cash amount which shall be not less than; or
2.
An irrevocable letter of credit or commitment from a lending institution
to the escrow agent guarantying to such escrow agent the availability,
from time to time upon demand, of a sum which shall be not less than;
or
3.
Certificates of deposit, treasury bills or other readily negotiable
instruments, the type of which has been approved by the Board of Aldermen,
endorsed to the escrow agent and the cash value of which shall be
in an amount not less than the amount specified by the Board of Aldermen
in its estimate of the cost of the improvements as reflected by the
approved improvement plans.
[Ord. No. 124 Art. II §13]
A.
The
bond shall remain in effect or the escrowed sum shall be held in the
escrow account by the escrow agent, as the case may be, until such
time as the Board of Aldermen shall, by written authorization to the
surety or escrow agent, release the surety from the obligation of
the bond or the escrow agent from his obligation to retain the escrowed
sum in the escrow account, which release may be partial and may occur
from time to time, as improvements are completed and approved; provided,
however:
1.
The Board of Aldermen shall release the surety or escrow agent from
all or any part of its obligation only upon receipt of the requisite
written notification from the inspecting agency; and
2.
In no case shall the Board of Aldermen authorize the release of more
than ninety percent (90%) of the amount held as the bond or escrow
sum until said improvements have been completed in a satisfactory
manner, approved by the Board of Aldermen and accepted or approved
by the appropriate authority.
[Ord. No. 124 Art. II §14]
A.
The
term of the Land Subdivision Bond or the Escrow Agreement shall not
exceed two (2) years in duration subject to the following:
1.
If, at the end of the two (2) year period, all the improvements reflected
by the approved improvement plan have not been completed, the Board
of Aldermen may extend the term of the Land Subdivision Bond or the
Escrow Agreement for a period not to exceed one (1) additional year
at each extension if after review by the Commission such longer period
is necessary to facilitate adequate and coordinated provisions for
transportation, water, sewerage, schools, parks, playgrounds, or other
public requirements. If said improvements have not been completed
at the end of the two (2) year period or as extended by the Board
of Aldermen, the Board of Aldermen may:
a.
Require the surety to perform on the bond and pay to the Board of
Aldermen amount as shall be equal to the lesser of the amount required
to complete the improvements or the amount of the bond not theretofore
released; or
b.
Require the escrow agent to remit to the Board of Aldermen in cash
or negotiable instruments constituting the escrow sum, as the case
may be, the balance of the Escrow Account required to complete the
improvements and the balance, if any, in the Escrow Account which
exceeds such amount shall be returned to the developer; or
c.
Require the developer to submit a new Land Subdivision Bond or Escrow
Agreement which have been recalculated in order to allow for any inflation
in the case of constructing improvements.
2.
If the surety fails to perform on the bond or the escrow agent fails
to remit the amount required within thirty (30) days after written
request, the Board of Aldermen may recommend that the City Attorney
take immediate action to require the performance by the surety under
the bond or to secure the payment by the escrow agent of the amount
required.
[Ord. No. 124 Art. II §15]
To be eligible all escrow agents and sureties shall be approved
by the City Attorney. All escrow agents and sureties shall be subject
to spot audits by the City of Herculaneum under the supervision of
the Board of Aldermen. If the escrow agent or surety fails to comply
with any of the provisions of the Escrow Agreement or the Land Subdivision
Bond, the escrow agent or surety shall not thereafter be allowed to
act as escrow agent or surety for any subdivision improvement in the
City of Herculaneum for a period of two (2) years.
[Ord. No. 124 Art. II §16]
After sanitary sewers, storm sewers and/or water lines have
been constructed and installed, but before the inspecting agencies
recommend final approval or acceptance, the developer shall submit
the required number of as-built drawings to said utilities.
[Ord. No. 124 Art. II §17]
Before the developer's obligation to the City of Herculaneum
is terminated, all required improvements shall be constructed under
the observation and inspection of the inspecting agency and accepted
for maintenance or given final approval by the City.
[Ord. No. 124 Art. II §18]
The developer shall prepare and submit to the Commission three
(3) copies of a Final Record Plat. The Record Plat shall be in tracing
cloth, drafting film, or the equivalent, together with copies of any
deed restrictions which are required by ordinance, where such are
too lengthy to be shown on the plat.
[Ord. No. 124 Art. II §19]
The Record Plat shall be accompanied by and the developer shall
file by delivery or registered mail a notice with the City Clerk stating
the date of submission for such approval or Record Plat.
[Ord. No. 124 Art. II §20]
A.
The
record plat shall be prepared by a land surveyor, at any scale from
one (1) inch equals twenty (20) feet to one (1) inch equals two hundred
(200) feet in any increment of ten (10) feet from an accurate survey
on one or more sheets whose maximum dimensions are inches by thirty-six
(36) inches. In certain unusual instances where the subdivided area
is of unusual size or shape, the Commission may permit a variation
in the scale or size of the record plat. if more than one sheet is
required, a key map on Sheet No. 1 showing the entire subdivision
at reduced scale shall be provided. The Record Plat shall show and
be accompanied by the following information:
1.
North arrow, graphic scale, and name of owner or owners.
2.
The boundary lines within and the boundary lines of the subdivision
with accurate distances and bearings; also all sections, U.S. Survey
and congressional township and range lines; and the boundary lines
of municipalities, sewers, schools, and other legally established
districts within the name of or description of any of the same adjacent
to or abutting on the subdivision.
3.
The lines of all proposed streets and alleys with their widths and
names.
4.
An accurate delineation of any property offered for dedication to
public use.
5.
The line of departure of one street from another.
6.
The common boundary lines with all adjoining lands and the right-of-way
lines of adjacent streets and alleys with their widths and names.
7.
All lot lines and identification system for all lots and blocks.
8.
Building lines, setback lines and easements for right-of-ways provided
for public use, services or utilities, with figures showing their
dimensions, and listing uses that are being provided.
9.
All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, building lines, and of any other
areas for public or private use. The linear dimensions are to be expressed
in feet and decimals of a foot.
10.
All survey monuments, together with their descriptions.
11.
Area in square feet for each lot or parcel on the plat or a supplemental
sheet showing same.
12.
An accurate drawing of the proposed subdivision prepared at the scale
of one (1) inch equals two hundred (200) feet.
13.
Name of subdivision and description of property subdivided, showing
its location and area.
14.
Certification by a land surveyor or professional engineer to the
effect that the plat represents a survey made by him/her, and that
the locations of all required survey monuments, installed or to be
installed, are correctly shown thereon. The months and year during
which the survey was made shall also be shown.
15.
Private restrictions and trusteeships where required by ordinance
and their periods of existence. Should such restrictions and trusteeships
be of such length as to make the lettering of same on plat impracticable
and thus necessitate the preparation of a separate instrument, reference
to such instrument shall be made on the plat.
16.
A certificate shall be submitted to the Commission showing that there
are no delinquent taxes outstanding.
[Ord. No. 124 Art. II §21]
A.
The
Record Plat shall be reviewed and final action taken on the Plat by
the Commission within thirty (30) days. Upon approval of the Record
Plat by the Commission, the Chairman and the Secretary shall place
their signatures on the Plat with the date of such approval.
B.
The
Record Plat shall be filed with the Jefferson County Recorder of Deeds
within sixty (60) days after approval by the Commission. If any Record
Plat is not filed within this period, the approval shall expire.
[Ord. No. 124 Art. II §22]
Any trust indenture required to be recorded, or recorded for
the purpose of complying with the provisions of this Chapter, shall
provide for not less than the following representation of purchasers
of developed lots among the trustees: one-third (1/3) of the trustees
shall be chosen by purchasers of developed lots after fifty percent
(50%) of the lots have been sold; two-thirds (2/3) of the trustees
shall be chosen by purchasers of developed lots after ninety-five
percent (95%) of the lots have been sold; all of the trustees shall
be chosen by purchasers of developed lots after all of the lots have
been sold.
[Ord. No. 124 Art. II §23]
A developer may elect to provide improvements in his/her subdivision
in stages, and must make such election at the time he/she submits
his/her improvement plans. Once a developer has elected to improve
his/her subdivision in stages and the planning commission has approved
the method and schedule of staged improvement, he/she may proceed
to the submission of the Record Plat to the Planning Commission for
its approval.
[Ord. No. 124 Art. II §24]
Where staged improvement has been approved by the Planning Commission, the developer shall only be required to provide the bond or escrow as provided in Section 445.170 et. seq. or construct the improvements for the section currently under development. Once the developer has complied with the bond, escrow or improvements provisions herein, he/she shall be deemed to have satisfied the requirements of Section 445.170.
[Ord. No. 124 Art. II §25]
Where staged development has been elected, building permits
shall only be issued for lots within the area encompassed by the stage
currently developed. No building permits shall be issued for any lot
inside the stage currently under development, until the developer
has either established the escrow provided for herein, completed the
improvements or posted bond for that stage.
[Ord. No. 124 Art. II §26;
Ord. 624 §1, 9-22-1997]
Whenever the tract to be subdivided is of such unusual size
or shape, or is surrounded by such development, or contains such topographic
conditions or characteristics, or is intended for the construction
of improvements of such unusual design or arrangement, that the strict
application of the requirements contained in this Chapter would impose
practical difficulties or particular hardship, the Board of Adjustment
may vary or modify any of the requirements of this Chapter so that
substantial justice may be done and the public interest secured, subject
to review by the Commission in accordance with the procedures that
may be hereafter established. In granting variances, the Board of
Adjustment shall require such conditions that will, in its judgment,
secure the objectives of this Chapter.
[Ord. No. 124 Art. II §27]
For matters not covered by this Chapter, reference is made to
Section 89.410 to 89.450, inclusive, of Chapter 89, of the Revised
Statutes of the State of Missouri.
[Ord. No. 124 Art. II §28; Ord. No. 02-017 §1, 6-10-2002; Ord. No. 04-029 §1, 9-27-2004]
A.
Preliminary Plat Review And Filing Fees. There shall be
a seventy dollar ($70.00) filing fee accompanying the submission of
a proposed Preliminary Plat. Credit shall be given to the developer
for fifty percent (50%) of the filing fee at the time of submission
of a proposed Record Plat.
B.
Improvement Plan Review And Filing Fees. There shall be
a ten dollar ($10.00) filing fee per lot accompanying the submission
of proposed Improvement Plans. Full credit for this fee shall be given
to the cost of the Subdivision Construction Permit.
C.
Subdivision Construction Permit. Construction shall not
commence without first obtaining a Subdivision Construction Permit
from the Commission, and without paying the inspection fee covering
street improvements, and without first giving forty-eight (48) hours'
notice to the Public Works Coordinator of the work proposed to be
done. The cost of such permit shall be two percent (2%) of the Public
Works Coordinator's estimated cost of paving, sidewalks, storm sewers,
sanitary sewers and site grading, plus one hundred dollars ($100.00)
per house set forth in the platted subdivision, and if the persons
applying for such construction permit have paid the Improvement Plan
fees as above required, the amount thereof shall be credited on the
cost of the construction permit.
D.
Record Plat Review And Filing Fee. There shall be a fifty
dollar ($50.00) filing fee accompanying the submission of a proposed
Record Plat.
E.
Additional Inspections And Fees. In addition to all fees
provided for herein, the persons developing the subdivision shall
pay for and arrange for inspections by the Plumbing Inspector, Electrical
Inspector, Building Commissioner, and other agencies as may be required
by other ordinances and regulations of the City of Herculaneum, or
by those agencies having jurisdiction within the City of Herculaneum.
F.
Payments Of Fees To City Clerk. Subdivision fees and construction
fees hereunder shall be accounted for by the City Clerk and shall
pay the same into the General Fund of the City of Herculaneum.
[Ord. No. 124 Art. II §29]
Whenever any person or corporation may desire to vacate any
subdivision or any part thereof in which he/she shall be the legal
owner of all of the lots or may desire to vacate any lot, such person
or corporation may petition the Board of Aldermen giving a distinct
description of the property to be vacated and the names of the persons
to be affected thereby; which petition shall be filed together with
a filing fee in the sum of twenty dollars ($20.00) with the City Clerk
who shall give notice of the pendency of the petition in a public
newspaper. If no opposition be made to said petition, the Board of
Aldermen may vacate the same by order with such restrictions as they
may deem for the public good. If opposition be made, said petition
shall be set down for public hearing before the Board of Aldermen.
No vacation shall take place unless the advice of the Commission in
writing be obtained, which advice shall be filed with said petition.
[Ord. No. 124 Art. III
§§1 — 16; Ord. No. 371-A §§1
— 3, 3-28-1988; Ord. No. 02-017 §1, 6-10-2002; Ord. No. 04-032 §1, 10-11-2004]
A.
Lot Shapes And Positions. The size, shape, and orientation
of lots shall be designed to provide desirable building sites logically
related to topography, natural features, streets and adjacent land
uses. Due regard shall be given to natural features such as large
trees; unusual rock formations; watercourses; and sites which have
historical significance, scenic views and similar assets, the preservation
of which would add attractiveness and value to the subdivision. The
following minimum standards are set forth as guides to these goals:
1.
Lots with double frontage should be avoided, except where necessary
to provide separation of the subdivision from traffic arteries, or
as otherwise required by topography or similar conditions.
2.
Where additional widening strips are dedicated on existing streets,
calculations of the area of a lot shall not include widening strips
in determining the gross area of the lot.
3.
Minimum frontage widths shall be determined at the normal building
line.
4.
The minimum width required for a lot fronting on a circular turnaround
may be measured along a line parallel to the street right-of-way,
at a distance from the street right-of-way line equal to the depth
of the required front yard plus ten (10) feet.
5.
Side lot lines shall be at right angles to straight streets and radial
to curved streets, except when said radial lot lines detract from
the desirability of the lot.
6.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, soil
conditions, steepness of terrain, flood conditions, or other adverse
natural physical conditions, the Commission may, after adequate investigation,
withhold approval of such lots until engineering studies are presented
to the Commission which establish that the method proposed to meet
any such conditions is adequate to avoid any danger to health, life
or lot improvements.
7.
Corner lots for residential use shall have adequate width to permit
appropriate building lines from both streets.
8.
The minimum width for any lot is seventy-five (75) feet and its minimum
depth shall be one hundred twenty-five (125) feet.
9.
The minimum area of any lot to be served by public or private sewerage
disposal system is ten thousand (10,000) square feet. Lots not served
by a sewerage disposal system shall have a minimum area of fifteen
thousand (15,000) square feet, or such area as may be determined by
the appropriate State or local entity responsible for the regulations
of sewerage disposal or treatment.
10.
Front setback lines of all lots shall be twenty-five (25) feet from
the edge of the street right-of-way. Side lot setback lines shall
be at least ten (10) feet from the adjacent lot lines.
B.
Blocks And Pedestrian Ways.
1.
Blocks. Block lengths and width within founding
roads shall be such as to accommodate the size of lot required and
to provide for convenient access, circulation control and safety of
street traffic. Block lengths, in general, should not exceed, one
thousand five hundred (1,500) feet.
2.
Cul-de-sacs. Where it is desirable to subdivide
a tract of land, which because of its size of location, does not permit
any allotment directly related to a normal street arrangement, there
may be established one or more "Places" or "Courts", such a "Place"
or "Court" shall terminate in a circular open space. Except in unusual
instances no cul-de-sac shall exceed twelve hundred (1,200) feet in
length.
C.
Relationship Of Subdivision Streets To Adjoining Street System.
1.
The streets rights-of-way and paving installed in all new subdivision
shall be connected to an "approved street." Any paved street at the
time of the passage of this Chapter shall be considered an approved
street.
2.
The arrangement of streets in new subdivisions shall make provisions
for the continuation of the principal existing streets in adjoining
areas (or their proper projection where adjoining land is not subdivided)
insofar as they may be deemed necessary by the Commission for public
requirements. The width of such streets in new subdivisions shall
be not less than minimum street widths established herein. The street
arrangement shall take into consideration and shall provide reasonable
access to adjoining property. In general, provisions should be made
for through streets at intervals of approximately one-half (½)
mile or less. Offset streets and intersections should be avoided.
Outlet streets from subdivisions to major highways shall be located
to provide maximum sight distance to view on-coming traffic.
3.
Private roads and streets shall be permitted only when the subdivider
submits sufficient evidence to the Commission that there can be no
public interest in such private road or street.
4.
Streets that are obviously in alignment with others already existing
and named shall bear the names of the existing streets.
5.
The proposed street names shall be checked against duplication of
street names and approved by the Post Office Department.
D.
Street Design. The arrangement, character, extent, width,
grade and location of all streets shall be considered in their relation
to existing and proposed streets, to topographical conditions, to
public convenience and safety, and in their appropriate relation to
the proposed uses of the land to be served by such streets. The following
standards shall apply:
1.
Arrangement of streets shall reasonably conform as nearly as possible
to the major street plan, and the developer shall make provision for
the extension of major, collector and minor streets. Except for dead-end
streets, streets normally shall connect with streets already established,
or provide for future connections to adjoining unsubdivided tracts,
or shall be a reasonable projection of streets in the nearest subdivided
tracts.
2.
Where a subdivision abuts or contains an existing or proposed major
street, the Commission may require frontage or service streets, double
frontage lots with screen planting, and non-access strips at the rear
of such lots.
3.
Minor street intersection jogs or discontinuities with centerline
offsets of less than one hundred (100) feet shall be avoided.
4.
Reserved strips of land which control or limit access at the terminus
of streets are prohibited.
5.
A tangent at least one hundred (100) feet long shall be introduced
between reverse curves on all streets.
6.
A subdivision entrance street shall intersect the major or collector
street with an interior angle between seventy degrees (70°) and
ninety degrees (90°).
7.
A minimum radius of twenty (20) feet at street right-of-way intersection
and a minimum radius of thirty-two (32) feet at the back of the curb
shall be required. Greater radii may be required at the intersection
and at the back of the curb of a street with major street. The Commission
may permit comparable cut-offs or chords in lieu of rounded corner.
8.
All streets intersecting on major or collector streets shall be directly
opposite existing or other proposed streets or shall be a minimum
of three hundred (300) feet distant, as measured between street center
lines.
9.
Where a collector street enters or connects with a major street,
the Commission must approve the entrance plan. Additional traffic
lanes or other traffic safety improvements may be required.
10.
Streets shall be constructed to the City of Herculaneum standard
specifications.
11.
All stub streets in excess of two hundred fifty (250) feet in length
shall be provided with a temporary turn-around.
12.
The widths of right-of-way and pavement are allowed to vary as functions
of the type of street and the corresponding intensity of use.
13.
Any subdivision platted along an existing street shall provide additional
right-of-way necessary, not to exceed twenty (20) feet on either side,
to meet the width requirements herein set forth. When the subdivision
is located on only one side of an existing street or County Road,
one-half (½) of the required right-of-way widths shall be provided,
measured from the center line of the right-of-way as originally established.
14.
A subdivision plat involving new or existing streets crossing railroad
tracks shall provide adequate rights-of-way, including approach rights-of-way
and slope easements for construction of an underpass or overpass,
unless otherwise specified by the commission.
15.
A street on which residential lots front and which parallels but
is not adjacent to a railroad right-of-way shall be at a distance
from the railroad right-of-way sufficient to provide lots with a minimum
depth of one hundred sixty (160) feet.
16.
The Commission may require a street to be dedicated to public use
in order to provide circulation.
E.
Street Rights-Of-Way.
1.
Highways and major thoroughfares. Highways and
major thoroughfares shall have widths as specified in the official
Major Street Plan of the Comprehensive Plan. However, these shall
not be less than the easement width specified for a secondary thoroughfare.
2.
Collector streets. Fifty (50) feet.
3.
Minor streets, dead-end streets and cul-de-sac streets. All minor streets shall have a street easement width of forty (40)
feet. All dead-end streets shall terminate in a circular turnaround
having a minimum right-of-way diameter of eighty (80) feet, unless
the Commission approves a "T" or "Y" shaped paved space in place of
the required turning circle. Turnarounds may not be required on dead-
end streets which are less than two hundred fifty (250) feet in length
and are planned to be extended in the future.
F.
Minimum Pavement And Sidewalk Widths. Minimum pavement
widths, back to back of curb, required to be installed at subdivider's
expense, shall be as follows:
1.
Major thoroughfares. Thirty-six (36) feet. In the
case of a major thoroughfare requiring pavements wider than thirty-six
(36) feet, the matter of financial and other arrangements for installing
such wider pavements at the time the developer will make the improvements
shall be taken up by the developer with the officials having jurisdiction.
2.
Collector streets. Thirty-two (32) feet.
[Ord. No. 20-2021, 6-19-2021]
3.
Minor, dead-end and cul-de-sac streets. Thirty (30)
feet. The pavement of a turning circle at the end of a dead-end street
shall have a minimum outside diameter of eighty (80) feet. A T- or
Y-shaped, paved space, when approved by the Planning Commission in
place of a turning circle, shall extend entirely across the width
of the street right-of-way, except for sidewalk space, and shall be
at least ten (10) feet wide with the flared portion rounded by minimum
radii of twenty (20) feet.
[Ord. No. 20-2021, 6-19-2021]
4.
Alleys and service drives. Minimum width of twenty
(20) feet.
5.
Sidewalks. Sidewalks may be installed on both sides
of all major streets, on one side of collector streets, and may be
required by the Planning Commission on any street, including minor
residential streets. Sidewalks shall have a minimum width of five
(5) feet in residential areas with a road verge and a minimum width
of six (6) feet in residential areas adjacent to the street with no
road verge. In commercial and industrial areas, sidewalks may be required
as deemed appropriate by the Commission.
[Ord. No. 23-2021, 8-2-2021]
G.
Street Grades And Curves. The grades of a street shall not
exceed the following, except that where unusual or exceptional conditions
exist the Commission may modify these requirements:
H.
Design Characteristics Of Street Pavements.
|
|
Major and Secondary Streets
(Inches)
|
Minor Streets and Alleys
(Inches)
| |
|---|---|---|---|
|
|
CONCRETE *
| ||
|
|
Uniform Design Thickness (Non-reinforced)
|
8
|
6
|
|
|
All filled places in proposed and existing concrete roads shall
be compacted from the bottom fill up to 90% maximum density as determined
by the "Modified ASTM Compaction Tests" "ASTM D-1557". Paved areas
in cuts shall meet the same compaction requirements. All tests shall
be verified by a soils engineer concurrent with the grading operations.
All trenches under paved streets shall be granulate backfilled to
subgrade level and water jetted.
| ||
|
|
ASPHALTIC AND BITUMINOUS **
| ||
|
|
Asphaltic Surfacing
|
4
|
2
|
|
Bituminous Coated Aggregate
|
4
|
3
| |
|
Sub-base, Compacted Screened Gravel
|
8
|
6
| |
|
|
Equivalented full-depth asphaltic concrete pavement may be considered,
provided the subdivision developer submits the design, thickness,
mix designs, construction methods and specifications to the Public
Works Coordinator for approval.
| ||
|
|
OIL AND CHIP ***
| ||
|
|
Petroleum road oil and selected limestone or aggregate chips
over compacted screened gravel
|
8
|
6
|
|
* For major streets to be used or designated as State highway
routes, thickness and designs will meet minimum State Division of
Highway Requirements.
| |
|
** Internal curb and gutter will be permitted when concrete
streets are constructed. When concrete curb and gutter are required
on asphaltic or bituminous streets, it will be cast separately and
will meet minimum requirements for roll-over curb and gutter as set
forth in minimum housing standards by the Federal Housing Administration.
| |
|
*** Street treated with oil and chip will conform in practice
to the requirements as set forth by the State Division of Highways
for roadways with this surface treatment.
|
I.
Street Names And Signs.
1.
Proposed streets which are continuations of, or in general alignment
with, existing named streets, shall bear the names of such existing
streets.
2.
The name of a proposed street which is not in alignment with an existing
street shall not duplicate the name of any existing or platted street.
3.
All the names of streets proposed by the subdivider shall be approved
by the Herculaneum Post Office and the Commission prior to submitting
the proposed record plat for review.
4.
Street name signs shall be erected at all street intersections on
diagonally opposite corners so that they will be on the far right
hand side of the intersection for traffic on the more important street.
Signs indicating both streets should be erected at each location mounted
as close to the corner as practical, facing traffic on the cross street,
with the nearest portion of each sign not less than one (1) foot nor
more than ten (10) feet back from both curb lines.
J.
Easements (Utility And Drainage).
1.
All proposed subdivisions shall have easements as determined by the
Commission to be adequate for installation and maintenance of utility
facilities.
2.
Storm water easements and drainage rights-of-way may be required
if necessary for proper drainage within and through a subdivision.
3.
Where a cut or fill for a street extends beyond the limits of the
right-of-way the developer shall provide a slope easement as determined
by the Public Works Coordinator to be of sufficient area and limits
to permit the construction and maintenance of the slope.
4.
Whenever a stream or surface drainage course is located in an area
proposed for a subdivision, the developer shall provide an easement
determined by the Public Works Coordinator to be adequate in area
to contain facilities to take care of flooding or erosion along said
stream or surface drainage course.
K.
Undergrounding Of Utilities. All electrical, telephone
and telegraph distribution lines installed in new residential subdivisions
or developments platted hereafter, shall be installed underground,
except, however, that overhead distribution feeder lines into said
subdivision or development, overhead through lines, cable switching
enclosures, pad mounted transformers and service pedestals shall be
allowed above ground.
L.
Survey Monuments.
1.
Iron/steel pin monuments at least twenty-four (24) inches in length
and three-fourths (¾) inch in diameter shall be set permanently
and flush with finished grade at all corners of the area being subdivided,
unless such depth, due to subsurface conditions, shall be excessive
in order to firmly affix said monuments in a permanent location. Except
where deemed unreasonable or unfeasible by the Commission.
2.
Iron pins or pipes not less than one-half (½) inch in diameter
and not less than twenty-four (24) inches in length shall be set,
unless such depth due to subsurface conditions shall be excessive
in order to firmly affix said pins or pipes in a permanent location,
as follows: At all lot corners not marked by monuments, at all street
corners, at all points where street lines intersect the exterior boundaries
of the subdivision, and at all intersections of curves and tangents
along street lines.
3.
Elevations and locations of such monuments shall be based on the
U.S. Geological Survey Datum Plane.
M.
Street Improvements. All streets shall be graded and the
roadway improved by surfacing. Roadway surfacing shall be in accordance
with Herculaneum standards and specifications. All grading and surfacing
shall be done under observation and inspection jointly of the City
Building Inspector and Public Works Coordinator and shall be subject
to their approval. The treatment of the intersection of any new street
with the State highway shall be subject to approval by the District
Engineer of the State of Missouri Highway Department. At such time
as a subdivision is proposed adjacent to a street that is accepted
and maintained by the City of Herculaneum, that street shall be improved
to handle the increased traffic due to said subdivision, and the additional
right-of-way and the cost of improvement of half of the right-of-way
adjacent to the proposed subdivision, shall be included in the overall
subdivision and shall comply with the major street plan of the City
of Herculaneum.
N.
Water Mains. Where the Commission determines that an approved
public water supply is reasonably accessible or procurable, said supply
shall be made available to each lot within the subdivided area. Fire
hydrants shall be installed by the developer in accordance with the
requirements of Missouri Inspection Bureau.
O.
Storm Sewers. Storm drainage improvements consisting of
storm sewers or open channels shall adequately drain the areas being
developed. The design of drainage improvements shall be coordinated
to the extent possible with present and probable future improvements
so as to form part of an integrated system. Adequate provisions shall
be made for the disposal of storm water, in accordance with the specifications
and standards of the City of Herculaneum.
P.
Sanitary Sewers.
1.
Where an approved public or privately owned sanitary sewer system
is reasonably accessible, that meets the requirements of the Missouri
Clean Water Commission or the Herculaneum Sewer District, the Public
Works Coordinator and the Commission, the developer shall connect
with such sanitary sewer and provide adequate sewer lines to each
lot. Sewer connections and subdivision sewer systems shall comply
with the regulations of the Missouri Clean Water Commission and the
Herculaneum Sewer District within its limits, and shall be constructed
under the observation and inspection of the Public Works Coordinator.
2.
Where an approved public or privately owned sanitary sewer is not
reasonably accessible, but where plans for installation of sanitary
sewers in the vicinity of the subdivision have been prepared and approved
by the Missouri Clean Water Commission and the Herculaneum Sewer District,
the developer shall install sewers in conformity with such plans,
although a connection to an existing main may not be immediately practicable.
In such cases, and until a connection is made with an approved public
or privately owned sewer system, the use of a sewage treatment facility
will be permitted, provided such disposal facilities are constructed
in accordance with the regulations and requirements of the Missouri
Clean Water Commission and constructed under the observation and inspection
of the Public Works Coordinator.
3.
Where no sewers are accessible and no plans for same have been prepared,
the developer shall install sewer lines and a disposal system in accordance
with the requirements of the preceding paragraph. If the subdivided
lots have a minimum width of one hundred (100) feet and contain a
minimum area of fifteen thousand (15,000) square feet or more, he
may instead install an individual sewage disposal system for each
lot, but each such individual sewage disposal system shall comply
with the regulations and requirements of the Missouri Clean Water
Commission or the Jefferson County Department of Health and be constructed
under the observation and inspection of, and approved by the Public
Works Coordinator. Individual sewage disposal systems shall not be
used in a subdivision containing more than ten (10) lots.
Q.
Street Lights. In a non residential subdivision or a single-family
dwelling residential subdivision a street light shall be provided
at leach intersection of a street within a subdivision, at each intersection
of a street with a pedestrian way and at each circular turnaround
but in no event shall there be fewer than one street light for each
four hundred (400) linear feet, or portion thereof, of street frontage
between intersections, or between a street intersection and that terminus
of a dead-end street. Lighting intensity and height of street lights
shall be as approved by the Planning Commission.
[Ord. No. 124 Art. IV §1]
This Chapter may be amended by the Board of Aldermen of the
City of Herculaneum, Missouri, as provided for under the provisions
of Chapter 89, RSMo., 1969.
[Ord. No. 124 Art. II §30; Ord. No. 390 §1-H, 6-12-1989]
Any person, persons, firm, association or corporation violating
any provisions of this Chapter, or any employee, assistant, agent,
or any other person participating or taking any part in, joining or
aiding in, a violation of any provision of this Chapter may be prosecuted
as provided by law of the violation of ordinances of Herculaneum and
upon conviction shall be punished by a fine not exceeding five hundred
dollars ($500.00) for any one offense or imprisonment in the county
jail for not more than six (6) months, or both such fine and imprisonment.
The developer or any person violating the provisions hereof shall
be notified in writing by the Building Inspector or another designated
official of the violation and ordered to abate the violation within
ten (10) days. Each day a violation continues after service of written
notice to abate such violation shall constitute a separate offense.
[Ord. No. 124 Art. II §31]
A.
No
plat of any subdivision shall be entitled to record in the Jefferson
County Recorder's Office or have any validity until it has been approved
in the manner prescribed herein.
B.
The
Commission shall not permit any public improvements over which it
has any control to be made or any money expended for improvements
in any area that has been subdivided or upon any street that has been
platted after thirty (30) days from the date of approval hereof unless
such subdivision or street has been approved in accordance with the
provisions of this Chapter.
