[Ord. No. 09-012 §1, 4-6-2009]
In order to protect the health, safety and general welfare of
the people, the Planning and Zoning Commission will reject any proposed
subdivision located in an area subject to periodic flooding. Whenever
a subdivision is proposed to be located in an area having poor drainage
or other adverse physical characteristics and impairment, the Planning
and Zoning Commission may approve the plat, provided the developer
binds himself/herself legally to make such improvements as, in the
judgment of the Planning and Zoning Commission, will render the subdivision
substantially safe and otherwise acceptable for the intended use.
In this case the developer shall post with the Commission a surety
performance bond, running to the City of Ozark or other security acceptable
to the Planning and Zoning Commission, sufficient to cover the cost
of such improvements as estimated by officials having jurisdiction.
[Ord. No. 09-012 §1, 4-6-2009]
The subdivision layout shall conform to the official thoroughfare
plan or other elements of the Comprehensive Plan. Whenever a tract
to be subdivided embraces any part of a highway, thoroughfare or other
major or collector street so designated on said plan, such part of
such public way shall be platted by the developer in the location
and at the width indicated in the plan.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 16-020 §1, 5-2-2016; Ord.
No. 18-056, 10-15-2018]
A.
Purpose.
The purpose of these requirements is to ensure continuity in the existing
sidewalk system and compliance with the following goals:
1.
Providing pedestrian circulation routes throughout the City, offering
safe and accessible routes for the health, safety, and welfare of
the public;
2.
Promoting minimum Americans with Disability Act guidelines for all
sidewalk or pathway installations, existing and proposed;
3.
Promoting attractive and well-constructed sidewalks or pathways that
correspond to the character, aesthetic qualities, natural, environmental,
and historical features of developing or existing neighborhoods;
4.
Connecting to existing and projected sidewalks or pathways whenever
the opportunity arises to ensure an interconnected pedestrian system;
and
5.
Ensuring that all development actively implements the building of
sidewalks for new construction, reconstruction, or rehabilitation.
B.
Sidewalks.
1.
Sidewalks shall be required for the full length of street or
right-of-way frontage of any proposed new residential, commercial
or industrial development along all existing and proposed residential
collectors, primary collectors, secondary arterials, primary arterials
and commercial streets as defined in the Ozark Missouri Major Thoroughfare
Plan. Sidewalks shall also be required along one (1) side of an existing
or proposed residential street.
2.
Existing developments shall be required to install sidewalks consistent
with the regulations of this Section if either: (a) the existing footprint
area of the building structure is expanded by thirty percent (30%)
or more; (b) improvements affecting more than twenty percent (20%)
of the total existing development site area; or (c) existing public
sidewalks are within five hundred (500) feet of the existing development's
property line.
3.
The location of sidewalks along residential streets shall be determined
at the time of preliminary platting. The Director of Public Works
shall have the authority to determine sidewalk locations along residential
streets to ensure compliance with the Pedestrian Master Plan and the
potential impact on sidewalk accessibility and usability. Additional
right-of-way may be required to be dedicated if needed to meet this
requirement.
4.
All infrastructure, public or private, including sidewalks shall
comply with the latest edition of the City of Ozark Design Standards
for Public Improvements and the City of Ozark Standard Drawing Details
for Public Improvements. All new curbs which are constructed in the
City and all existing curbs which are a part of any reconstruction
shall comply with this Section. In order to enable persons using wheelchairs
to travel freely and without assistance, at each crosswalk a ramp
shall be built into the curb so that the sidewalk and street blend
to a common level. Where, because of surrounding buildings or other
restrictions it is impossible to conform the slope to this requirement,
the ramp shall contain a slope with as shallow a rise as possible
under the circumstances not to exceed ten percent (10%).
C.
Optional Fee In Lieu Of Construction.
1.
If the property owner feels a hardship exists that hinders the construction
of a sidewalk, the property owner may submit a request to pay a fee
in lieu of construction of sidewalks together with such information
and studies as the Director of Public Works may deem necessary to
consider the request. Upon filing a complete application, this request
will be reviewed or denied by the Director of Public Works, or his/her
designee, on the following criteria:
a.
The City plans to construct public improvements in the area which
would result in damage or destruction of the proposed sidewalk;
b.
The cost to construct the proposed sidewalk would be at least twenty-five
percent (25%) greater than the average cost of sidewalk construction;
or
c.
The street is edged by a shoulder and ditch rather than a curb and
gutter.
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If the Director of Public Works, or his/her designee, denies
the request, the property owner may appeal to the Planning and Zoning
Commission within ten (10) days of the decision by filing a request
for appeal with the City Clerk in writing. The commission shall review
the denial only on a claim that the denial was arbitrary and capricious
and a submission of sufficient facts and evidence to establish that
the Director of Public Works has acted in such a fashion. If the Planning
and Zoning Commission finds by an affirmative majority vote that the
Director of Public Works did act in an arbitrary and capricious fashion,
a fee in lieu shall be allowed.
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3.
The fee shall be held by the City of Ozark, Missouri, Finance Department
in an account to be used for sidewalk construction only.
4.
Use Of Fees Paid In Lieu Of Sidewalk Construction. At a time determined
by the City Administrator and/or the Director of Public Works, collected
fees in lieu of construction shall be used to construct sidewalk in
the same City Ward as the property from where the fee was collected
if it is not used to construct a sidewalk adjacent to said property.
D.
Assurance For Completion And Maintenance Of Public Improvements.
[Ord. No. 20-052, 8-17-2020]
1.
Whenever any sidewalk is required to be constructed by this Code
and the sidewalk has not been completed at the time of recording the
final plat or application for a certificate of occupancy, the property
owner shall deposit cash in an escrow account, held by the City, in
the amount of the estimated cost of such construction of the public
sidewalk(s), and the applicant shall be required to enter into an
agreement with the City, prepared by the City, allowing the City to
draw upon the escrow as set forth in this Code. The amount of the
escrow shall be calculated based on the then-current unit cost that
is provided by the City. Such escrow deposit shall be conditioned
upon the construction by the applicant of all sidewalk(s) required
by the Code within one (1) year for a final plat or sixty (60) days
for a certificate of occupancy, as determined by the City, and shall
give the City the right to draw upon the escrow deposit to complete
said construction of public sidewalk(s) if the applicant fails to
do so. If the property owner completes the construction of the sidewalk(s)
within the required time and upon acceptance of the sidewalk by the
City, the escrow shall be released to the property owner.
2.
Such period may be extended for one (1) sixty-day period at the sole
discretion of the Director of Public Works, provided that the escrow
deposit likewise is extended.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The size, shape and orientation of lots shall be appropriate for the location and physical character of the proposed subdivision and for the type of development contemplated in compliance with applicable zoning ordinances or regulations as set out in Chapter 405.
1.
Depth. Excessive depth in relation to width shall
be avoided. (A proportion of 1 to 1 or 2 to 1 will normally be considered
appropriate, except in the case of narrow lots.)
2.
Width. Lots for residential purposes shall have sufficient width at the building setback lines to permit compliance with side yard or distance requirements of the applicable zoning ordinances or regulations as set out in Chapter 405 and still be adequate for a building of practicable width.
3.
Double-frontage. Except as otherwise provided herein,
double-frontage lots and reversed frontage lots shall be avoided.
4.
Side lot lines. Where practicable, side lot lines
shall be approximately at right angles to the right-of-way line of
the street on which the lot faces.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 16-037 §1, 9-19-2016]
A.
General Requirements. Each developer/owner filing a final
plat or a lot split of two (2) or more lots with the City of Ozark
shall, as a condition of approval, pay a two hundred fifty dollar
($250.00) park impact fee per living unit.
B.
Land Space Requirements. All open space requirements or
dedicated land space shall abut on a street or shall be provided with
sufficient access easements for the general public. Stormwater detention
and rights-of-way required in this Chapter shall not be included in
dedicated land space. Developer/owners desiring to dedicate land space
must receive the written acceptance from the Planning and Development
Department prior to the approval of the final plat or lot split, whereupon
said lands shall be labeled 'Dedicated to the City of Ozark.'
C.
The
City Director of Finance is hereby directed to create a separate "Park
Impact Fee Fund" to which all monetary proceeds generated by this
Section shall be credited.
