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:
ALLEY
A secondary means of ingress and egress serving more than one tract of land and used primarily for vehicular service.
BENCH MARK
A definite point of known elevation and location and of more or less permanent character.
BLOCK
An area of land surrounded by public highways, streets, streams, railroad right-of-way, parks or other similar areas or facilities.
BUILDING LINE
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.
COMMISSION
The Planning Commission of Herculaneum or its equivalent.
COMMON LAND
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.
COMPREHENSIVE PLAN
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.
DEAD-END STREET
A street having only one end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles.
DEVELOPER
That person, firm or corporation by whom a tract will be subdivided and improved pursuant to the requirements of this Chapter.
EASEMENT
A grant by a property owner to the public, a corporation, or a person of the use of land for a specific purpose.
EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT
A grant by a property owner to the City for the purpose of road maintenance, improvement, and widening.
EASEMENT, UTILITY
A grant by a property owner to a public utility company for the purpose of installation, improvement and maintenance of public utilities.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW AGENT
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.
FLOOD PLAIN
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.
FRONTAGE
That edge of a lot bordering a street.
HIGHWAY
See street.
IMPROVEMENTS
Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewers, sanitary sewers, signs, monuments, landscaping, street lights, and other similar items.
IMPROVEMENT PLANS
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.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A platted parcel of land intended to be separately owned, developed, or otherwise used as a unit.
LOT AREA
The total horizontal area within the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
NON-RESIDENTIAL SUBDIVISION
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.
PARKING BAY
A paved vehicle storage area directly adjacent to the Multiple Family Access Street pavement.
PEDESTRIAN WAY
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.
RECORD SUBDIVISION PLAT
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.
ROAD
See street.
SETBACK LINE
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.
SLOPE
The rate of deviation of the ground surface from the horizontal surface, as expressed in percentages.
STREET
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.
STREET, MAJOR (ARTERIAL)
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.
STREET, COLLECTOR
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.
STREET, MINOR
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.
STREET, FRONTAGE OR SERVICE
A minor street generally parallel to an adjacent to arterial streets and highways, which provides access to abutting properties and protection from through traffic.
STREET, MULTI-FAMILY ACCESS
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.
SUBDIVISION
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.
SUBDIVISION, SINGLE-FAMILY RESIDENTIAL
A subdivision of land, intended for construction of detached single family dwelling units.
SUBDIVISION, MULTIPLE 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.
SURETY COMPANY
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.
TITLE COMPANY
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.
TRACT
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.
ZONING ORDINANCE
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 §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:
a. 
The record owner or owners of the tract.
b. 
The party who prepared the plat.
c. 
The party for whom the plat was prepared.
d. 
The engineer and land surveyor who will design improvements for and survey the tract or such part thereof as is proposed to be subdivided.
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:
a. 
Gross area of tract.
b. 
Area in street.
c. 
Net area of tract.
d. 
Maximum number of units allowed.
e. 
Maximum number of units proposed.
f. 
Parking ratio.
g. 
Distance between structures.
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. 02-2025, 3-3-2025]
A. 
The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites. It is not intended that extensive replatting be accomplished by use of this Section. Surveys must be submitted to the City Administrator, or his/her designee, fifteen (15) days prior to the meeting scheduled for the approval of any boundary adjustment for the consideration of approval or denial of any requested boundary adjustment.
1. 
Boundary adjustments must meet the following criteria:
a. 
No additional lot shall be created by any adjustment.
b. 
The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required in these regulations and the City of Herculaneum zoning ordinance.
2. 
Procedure.
a. 
A boundary adjustment may be accomplished by plat or deed and must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
b. 
The boundary adjustment plat or deed shall be submitted to the City for review by the City Administrator, or his/her designee, prior to its being recorded. In the case of approval, the City Administrator, or his/her designee, shall issue a certificate indicating his/her approval of the boundary adjustment. In the case of disapproval, the City Administrator, or his/her designee, shall indicate, in writing, the reasons for such disapproval. The boundary adjustment plat or deed, and the certificate of approval of same, shall be recorded at the office of the Jefferson County Recorder of Deeds within sixty (60) days of approval. If the said plat or deed, and certificate of approval, are not recorded within this period, the approval shall expire. Following the recording of the boundary adjustment documents, one (1) original copy of the plat or deed, bearing the Recorder's signature, seal, and notation of plat book and page, and/or deed book and page, shall be returned to the City Administrator, or his/her designee.
3. 
Lots In Non-Compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of these regulations or the zoning ordinance; provided that, the resulting adjustment of lot lines does not increase the degree of non-compliance as determined by the City.
4. 
Appeal Of Decision By City Administrator, Or His/Her Designee. In the event of a denial of a boundary adjustment by the City Administrator, or his/her designee, the property owner(s) may, within fifteen (15) days of receipt of a written denial by the City Administrator, or his/her designee, citing the reasons for denial, submit an appeal to the Board of Alderpersons for its review. The Board of Alderpersons may deny any requested boundary adjustment in its complete discretion without any further review or appeal. All decisions by the Board of Alderpersons are final.
[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:
1. 
Major thoroughfares. Six percent (6.0%).
2. 
Collector streets. Twelve percent (12%).
3. 
Minor streets, service drives and alleys. Fifteen percent (15%).
4. 
Minimum grade. In no event shall the minimum grade of any street or alley be less than one percent (1.0%).
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.