[Ord. No. 50, Art. 14, §1; Ord. no. 520, §1; Ord. No. 645, §2; Ord. No. 649, §2]
(a)
The division of land into two or more tracts, sites or parcels of
less than three acres in area;
(b)
Dedication or establishment of a street through a tract of land;
(c)
Resubdivision of land heretofore divided or platted into lots, sites
or parcels;
(d)
Any sale described by metes and bounds as defined in the preceding
portion of this section shall constitute a subdivision of land and
require, prior to any sale, the submission of a plat to the planning
and zoning commission as required by law; provided, however, that
this shall not apply to the sale or exchange of small parcels of land
to or between adjoining property owners, where such sale or exchange
does not create additional lots, upon certification by the planning
and zoning commission;
(e)
Large lot single-family subdivision, being a division or redivision
of a tract or tracts of land wherein all lots are three acres or more
in area and each boundary side is greater than two hundred fifty feet
in length.
[Ord. No. 50, Art. 14, §2; Ord. No. 520, §2; Ord. No. 645, §2; Ord. No. 2270 §1, 9-3-2013; Ord. No. 2311 §1, 8-19-2014]
Every boundary adjustment or subdivision of land within the
incorporated area of the City shall be shown upon the plat and submitted
to the Planning and Zoning Commission for approval or disapproval.
No plat shall be recorded in the office of the Recorder of Deeds unless
and until submitted to the Planning and Zoning Commission and approved
by the City. The City shall be provided a copy of the recorded plat
within sixty (60) days of such being recorded with the St. Louis County
Recorder of Deeds. No lots shall be sold from the subject plat and
no building permits shall be issued within said plat until such time
as a recorded copy of the approved plat is received by the City.
[Ord. No. 617 §1; Ord. No. 645 §2; Ord. No. 1373 §1, 9-1-1998]
(a)
Filing fee. A filing fee of one hundred dollars
shall accompany the submission of a proposed preliminary plat. There
shall be a fifty dollar filing fee for a minor subdivision plat, comprising
the creation of four lots or less.
(b)
Subdivision permit fees.
(1)
There shall be a twenty dollar per lot subdivision permit fee
accompanying the submission of a proposed record plat.
(2)
There shall be a ten dollar ($10.00) per dwelling unit subdivision
permit fee accompanying the submission of a proposed record plat for
a multiple dwelling unit subdivision or for a condominium subdivision.
(3)
There shall be a subdivision permit fee accompanying the submission
of a proposed record plat for a non-residential subdivision. Such
fee shall be calculated as follows:
A twenty dollar ($20.00) per acre fee for the first (1st) twenty
(20) acres; and an additional fifty dollars ($50.00) per acre for
each acre over twenty (20) up to one hundred (100) acres; and a ten
dollar ($10.00) per acre fee for each acre over one hundred (100)
and up to two hundred (200) acres. There shall be no additional fee
for applications for tracts in excess of two hundred (200) acres.
(4)
The subdivision review fees provided for herein are established
to defray the cost of review of each individual application, which
includes: Legal reviews, ordinance preparation, engineering reviews,
publication, hearings, surveys, studies and any and all other expenses
directly relating to a specific application that is deemed necessary
by the City for review purposes. In the event that such fees are insufficient
to cover such total costs for a specific application the applicant
shall deposit with the City such additional sums necessary to cover
the entire cost of such review, which shall be the actual fees assessed
to the subdivision.
(5)
Where paragraph (4) of this Subsection is not invoked, fees
shall not be refundable or adjusted.
(c)
In the event that the City receives an application, petition or other
request for any administrative or legislative consideration, and the
applicant, petitioner or requestor owes the City any amounts from
previous City consideration including any third (3rd) party expenses
the City has incurred, the City reserves the right to refuse to give
any consideration to such application, petition or request until such
time that the City has received payment in full or payment terms acceptable
to the City.
[Ord. No. 50, Art. 14 §3; Ord. No. 520 §3; Ord. No. 645 §2]
(a)
In accordance with laws of the State, plats of proposed subdivisions
within the incorporated limits of the City shall be submitted first
to the Planning and Zoning Commission of the City for review, recommendation
and approval or disapproval, before being submitted for consideration
to the Board of Aldermen of the City.
(b)
The Planning and Zoning Commission shall consider plats within a
period of sixty (60) days, unless otherwise mutually agreed by the
applicant and Planning and Zoning Commission.
(c)
In the event the Planning and Zoning Commission shall disapprove
the plat, the reasons therefor shall be a matter of public record.
(d)
The Board of Aldermen shall consider the plats and action of the
Planning and Zoning Commission and upon approval shall pass an ordinance
setting out the approval of the plat therein.
(e)
In the event the Board of Aldermen shall disapprove the plat, the
reasons therefor shall be a matter of public record.
(f)
No plat shall be recorded in the office of the Recorder of Deeds
of the County unless the approval of the City shall be indicated on
the plat.
[Ord. No. 50, Art. 14 §4; Ord. No. 520 §34; Ord. No. 645 §2]
The minimum requirements for subdivision design, preliminary
plats and final plats of subdivision shall be the same as provided
for in the County Subdivision Ordinance and subject to final review
and approval by the Planning and Zoning Commission and Board of Aldermen
of the City.
[Ord. No. 50, Art 14 §5; Ord. No. 520 §5; Ord. No. 541 §1; Ord. No. 565 §1; Ord. No. 645 §2; Ord. No. 649 §§1, 3; Ord.
No. 889 §1; Ord. No. 890 §1; Ord. No. 892 §1; Ord. No. 893 §1; Ord. No. 894 §1; Ord. No. 1244 §1, 8-6-1996; Ord.
No. 1267 §1, 12-3-1996; Ord. No. 1291 §1, 6-17-1997; Ord.
No. 1294 §9, 6-17-1997; Ord. No. 1299 §1, 8-5-1997; Ord.
No. 1367 §1, 8-4-1998; Ord. No. 1412 §1, 8-3-1999; Ord.
No. 1470 §1, 8-1-2000; Ord. No. 1570 §1, 11-20-2001; Ord. No. 1633 §5, 9-17-2002; Ord. No. 1635 §§1
— 2, 9-17-2002; Ord. No. 1647 §1, 10-1-2002; Ord.
No. 1671 §2, 2-4-2003; Ord. No. 1672 §§1 —
6, 2-4-2003; Ord. No. 1683 §1, 4-15-2003; Ord. No. 1864 §1, 10-18-2005; Ord. No. 1917 §3, 6-6-2006]
(a)
Installation And Escrow Requirements.
(1)
Plans for improvements required in this Section shall be prepared
by a registered engineer. All improvements required in this Section
shall be installed prior to the approval of the final plat, which
is prepared for recording purposes. In lieu of actual completion of
such improvements, the subdivider may file with the Board of Aldermen
an escrow agreement as approved by the City accompanied by evidence
that funds have been deposited into a properly designated escrow account
in a financial institution acceptable to the City to secure to the
City the actual construction of such improvements in a manner satisfactory
to the City and within a period specified by the City, but such period
shall not exceed two (2) years, absent any other specific authority
from the Board of Aldermen and/or as may be further restricted. Such
escrow account funds shall be in the amount and with conditions satisfactory
to the City and shall be accompanied by a recommendation from the
City Engineer that the amount of the escrow account is adequate to
cover the cost of the improvements. The escrow account is subject
to special audit by the City.
All public improvements shall be reviewed and approved by the
City Engineer prior to commencement of any construction. The owner
of the tract may prepare and secure tentative approval of a final
subdivision plat of the entire area and may install the above improvements
only in a portion of such area, but the improvements must be installed
in any portion of the area for which a final plan is approved for
recording, and the owner may sell or lease or offer for sale or lease
lots only in the improved portion of such property; provided however,
that trunk sewers and sewage treatment plants shall be designed and
built to serve the entire areas or designed and built in such a manner
that they can easily be expanded or extended, as the case may be,
to serve the entire area.
Plans for all public improvements shall be provided to the City
as soon as practicable after completion of construction and shall
be in the form as required by the City Engineer.
(2)
In instances where an approved irrevocable letter of credit
is used, six (6) months prior to the expiration date of such irrevocable
letter of credit, the City shall place the developer on written notice
of such impending expiration. No later than two (2) months prior to
the expiration of the irrevocable letter of credit, the developer
shall take all necessary action to renew same for a period of time
approved by the City. If the developer does not provide to the City
written evidence of irrevocable letter of credit renewal within thirty
(30) days of its expiration date, the City shall exercise its rights
to draw upon the irrevocable letter of credit for all amounts it deems
necessary to ensure completion and/or repair of all items covered
by the escrow agreement. In the event that the irrevocable letter
of credit expires, the City shall issue a stop work order which shall
remain in effect until a replacement irrevocable letter of credit
is provided to the City.
(3)
The provisions contained in this Chapter and the City approved
escrow agreement shall supersede any conditions or restrictions contained
in other escrow related documents including irrevocable letters of
credit.
(4)
The sale of lots to other builders or developers does not relieve
the initial developer or builder of responsibilities for proper and
complete installation and/or repair of grading, infrastructure, or
other improvement related responsibilities. In the case of a sale
or transfer of full or partial development rights to another developer
or builder, replacement or additional escrows must be established,
or the original developer or builder must be contractually authorized
to enter upon such sold or transferred lots as required to complete
any installations or correct any deficiencies. No building permits
shall be issued until replacement escrows subject to the terms of
this Section have been provided to the City.
(b)
Permanent Monuments. All subdivision boundary corners
and four (4) corners at all street intersections shall be definitely
marked with permanent monuments. A permanent monument shall be deemed
to be any permanent monument listed in the "Missouri Minimum Standards
for Property Boundary Surveys" (10CSR 30-2 and 4CSR 30-16, effective
date December 30, 1994, as amended). Should conditions prohibit the
placing of monuments on line, off-set monumentation will be permitted,
provided that the exact off-set courses and distances are shown on
the record plat of the subdivision. All monuments shall be placed
by a registered land surveyor.
(c)
Street Improvements. All streets shall be graded
to a minimum width of twenty-six (26) feet and the roadway improved
by surfacing. Roadway surfacing shall be in accordance with St. Louis
County standard specifications. All grading and surfacing shall be
done under supervision of a registered engineer or such other qualified
person as the Board of Aldermen may designate and shall be subject
to approval. The treatment of the intersection of any new street with
a State highway shall be approved by the State Highway Commission
and such other qualified person as the Board of Aldermen may designate
to supervise construction and maintenance of City streets.
Dead-end streets or cul-de-sacs, designed to be so permanently,
shall be provided at the closed end with a turnaround having an outside
roadway measurement of at least ninety (90) feet and a street property
line diameter of at least forty (40) feet, said street property line
diameter not to include any area not suitable for vehicular travel.
The construction of islands within cul-de-sacs is prohibited. If a
dead-end street is of a temporary nature, a similar turnaround shall
be provided and provision made for future extension of the street
into adjoining properties.
(d)
Street Lights. Adequate street lighting shall be required and designed in accord with the County Subdivision Ordinance. (See also Section 20A-9)
(e)
Street Signs And Street Names.
(1)
Street name signs shall be installed by the subdivider for all
public streets within the subdivision and existing streets that intersect
the subdivision. Street signs shall be of the type currently in general
use by the City, unless otherwise agreed by the City and subdivider.
(2)
Proposed streets which are continuations of, or in general alignment
with, existing named streets shall bear the names of such existing
streets. 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. All the names of streets proposed by the subdivider
shall be approved by the St. Louis Post Office and the Planning and
Zoning Commission prior to submitting the proposed record plat for
review.
(f)
Sidewalks. Sidewalks shall be required in every
subdivision and shall be designed and constructed in accordance with
St. Louis County sidewalk specifications.
(g)
Water Lines.
(1)
Where an approved public water supply is reasonably accessible
or procurable, the subdivider shall connect with such water supply
and make it available for each lot within the subdivided area.
(2)
Pending availability of a public water supply, the subdivider
shall construct drilled wells or a private water supply system in
such a manner that an adequate supply of potable water will be available
to every lot within the subdivision. The installation furnished and
the approval of the same shall comply with the requirements of the
State Department of Natural Resources.
(3)
Water systems shall be designed to provide adequate fire protection.
(4)
Water systems shall be constructed in accord with standards
and specifications of the City, which are on file with the City Clerk
and are incorporated herein by reference. Water system construction
shall be inspected by the City Engineer, City Plumbing Inspector or
other qualified person designated by the Board of Aldermen.
(h)
Sanitary Sewers.
(1)
Where a public sanitary sewer is reasonably accessible, the
subdivider shall connect with such sanitary sewers and provide adequate
sewer lines accessible to each lot. Sewer connections and subdivision
sewer systems shall comply with the regulations of the State Department
of Natural Resources.
(2)
Where a public sanitary sewer is not reasonably accessible,
but where plans for installation have been prepared and approved by
the State Department of Natural Resources, the subdivider 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 such connection is made with the sewer system of the district,
the use of a sewage treatment plant may be allowed; provided, such
disposal facilities are constructed in accordance with the regulations
and requirements of the State Department of Natural Resources.
(3)
All sanitary sewer lines and appurtenances shall be constructed
in accord with standards and specifications of the Metropolitan St.
Louis Sewer District (MSD) and regulations and requirements of the
State Department of Natural Resources.
(4)
Construction of sanitary sewer lines and appurtenances shall
be inspected by the City Engineer, City Plumbing Inspector or other
qualified person designated by the Board of Aldermen.
(i)
Storm Sewers. Adequate provisions shall be made
for the disposal of stormwater subject to the approval of the City
Planning and Zoning Commission, upon review and recommendation of
the City Engineer. All storm sewer lines and appurtenances shall be
designed by a registered professional engineer and approved by the
City Engineer. Construction of all storm sewer lines and appurtenances
shall be inspected by the City Engineer, City Plumbing Inspector or
other qualified individual designated by the Board of Aldermen.
(j)
Trees And Landscaping. The subdivider shall plant
trees and other landscape materials as required by the City along
streets, in front yards, in common ground areas, in street islands
and parkways, in open space areas and in lot and subdivision buffers.
The subdivider shall submit a landscape plan to the City for study,
recommendation and approval to ensure that it is serving its intended
purpose, is of a variety and specification that will increase the
likelihood of its continued survival, and to help prevent the planting
of certain species that would become nuisances because of insects
or disease or because of their roots unduly interfering with sewer
mains or other underground utilities.
(k)
Open Spaces.
(1)
Open spaces provided.
a.
All subdividers or developers of single-family and multiple-family
residential property shall provide for reasonable and adequate amounts
of open space, parks and recreational facilities within their developments.
This requirement shall be deemed satisfied by the use of any one (1)
or a combination of the following alternatives:
1.
Dedication of open space land for public use;
2.
Fees in lieu of dedication; or
3.
Development of parks and recreational facilities within the
subdivision or development.
[Ord. No. 2596, 6-15-2021]
|
The method(s) selected shall be reviewed by the Planning and
Zoning Commission and the Board of Aldermen of the City prior to acceptance
of the final subdivision plat or site plan; but in any event final
acceptance or rejection shall be by resolution of the Board of Aldermen.
|
b.
This provision applies to development of all single-family and
multiple-family residential lands in the City, including all subdivisions,
lots, tracts and parcels of land.
c.
Neighborhood facilities, open space parks and recreational facilities
that are developed consistent with the requirements of this Article
shall be within or near the development area, so that the intention
of these requirements, specifically, to serve the needs created by
such development, is accomplished.
d.
No building permits shall be issued until provisions of this
Article are satisfied.
(2)
Dedication of open space lands.
a.
Schedule. If the dedication of open space land
is selected as the compliance of a particular developer with the requirements
of this Article, dedication shall be by deed or plat and shall be
as provided in the following schedule of dedications:
|
Schedule of Dedication
(Minimum Requirement)
| |
|---|---|
|
Zoning
|
Amount of Dedication
|
|
1-A
|
3%
|
|
R-1
|
6%
|
|
R-2
|
8%
|
|
R-3
|
10%
|
|
R-4 and other single-family residential
|
12%
|
|
PRD
|
12%
|
|
R5-A
|
15%
|
|
R5-B
|
15%
|
|
R5-C
|
15%
|
|
The above required open space shall be in addition to minimum
required yard areas and spaces reserved for off-street parking in
applicable zoning ordinances. The percentage figures of dedicated
spaces shall be computed on gross area of the development or subdivision.
|
b.
Suitability. All lands to be dedicated shall
meet the following general requirements (specific requirements may
vary).
[Ord. No. 2596, 6-15-2021]
1.
Size and shape. Shall normally contain not
less than two (2) contiguous acres;
2.
Location and accessibility. Shall be located
in or adjacent to subdivision or area to be served and easily accessible
to same. Consideration should be given to placing park areas where
they can be added to by future subdivisions, or the addition of open
space required by this provision to an existing park;
3.
Topography — drainage. Fifty percent
(50%) of the land dedicated shall have a grade of less than ten percent
(10%); it is permissible for the remainder of the dedicated property
to be covered with steep slopes, streams, ditches, lakes or other
natural features;
4.
The land dedicated or to be dedicated should be conveyed in
its natural state. Removal of trees, topsoil and other natural features
shall be prohibited unless there is previously acquired the written
approval from the City Administrator;
5.
The Board of Aldermen shall have the final determination as
to the suitability of dedicated lands under these provisions;
6.
Open space dedication requirements shall not be applicable to
single-family subdivisions of land in which fewer than two (2) additional
lots are created.
(3)
Credit for private parks and recreational facilities. Any subdivision plat or multi-family site plan containing suitable
facilities to be reserved, constructed and maintained by a private
organization to serve the needs of the subdivision or development
being created may satisfy the requirements of this Article, provided:
(4)
Fee in lieu of land dedication.
a.
When a subdivision or development is prohibited from dedication
of land, or when otherwise approved or required by the Board of Aldermen,
a fee in lieu of dedication shall be paid. The amount of such fee
in lieu of dedication shall be determined by computing the percent
of dedication of land from the schedule contained in Subparagraph
(2)(a) above, multiplied by the actual verified cost of the raw land
without improvements; provided, the land has been acquired within
the last twelve (12) months. Where land has not been acquired within
the last twelve (12) months, a current fair market value for the completed
equivalent amount of land shall be determined by negotiation with
City or via independent professional appraisals to be prepared at
the developer's cost.
b.
Time of payment of fee. The fee in lieu of
dedication shall be paid at the time of final plat or site plan presentation
unless express written approval from the City is given as to the terms
of any other arrangement.
c.
Special fund created for fee. All fee in lieu
of dedication payments shall be maintained in a special park account
established by the City, and such funds may be used only for the purchase
and development of park and recreational facilities.
(5)
Resubdividing. Any lands resubdivided after
passage of this Article shall be subject to the provisions of this
Chapter; except, any lands previously dedicated for fees in lieu of
dedication previously paid will be credited against the requirements
mandated by this provision. In no instance, however, will land so
previously dedicated or fees previously received by the City be returned
or refunded to developers or subdividers.
(6)
Watercourses. Where a subdivision is transversed
by a watercourse, drainageway, channel or stream, there shall be provided
utility easements and drainage rights-of-way of sufficient width to
permit maintenance if future expansion can reasonably be anticipated,
and these easements shall conform substantially with the lines of
such watercourses or drainage rights-of-way.
(7)
Natural features. Natural features such as
trees, brooks, hilltops and views, shall be preserved wherever possible.
For purposes of this and any other applicable Sections, a brook shall
include a creek, stream or other definable water tributary. The subdivider
shall designate or show at the time of filing of his/her final plat
what trees and other natural features are to be retained. Artificial
and natural lakes and wooded areas are to be preserved and encouraged
as much as possible. If the subdivider wishes to modify any natural
brook features, planning and zoning consideration shall be required
for same, and two-thirds (2/3) affirmative vote of the members of
the whole Planning and Zoning Commission shall be required to be considered
a favorable recommendation. Such modification(s) shall be authorized
only upon receiving three-fourths (¾) affirmative vote of the
members of the whole Board of Aldermen regardless of whether or not
a favorable Planning and Zoning Commission recommendation is received.
(l)
Stormwater Detention. Stormwater detention shall
be required consistent with the City's stormwater detention design
criteria and guidelines which are on file as public records and available
for inspection and review in the offices of the City.
(m)
Erosion Control. All land areas disturbed during
construction or development shall be protected from the effects of
storm runoff erosion within thirty (30) days of the completion of
the grading. Adequate measures to reduce soil erosion shall be approved
by the Planning and Zoning Commission and Board of Aldermen, after
review and recommendation by the U.S. Soil Conservation District or
the City Engineer. Soil loss reduction measures shall be designed
by the applicant's engineer in accordance with the Eureka Grading
and Sediment Control Regulations, which are hereby adopted by reference
and available in the office of the Building Commissioner.
(n)
Large Lot Single-Family Subdivision Improvements. Large lot single-family subdivisions shall be required to construct
or provide improvements contained in this Section, except as follows:
(1)
A variance from the requirement of all streets to be graded to a minimum width of twenty-six (26) feet as contained in Section 20A-6(b) of this Chapter may be amended to allow all streets in large lot single-family subdivisions to be graded to a minimum width of twenty (20) feet, upon application to and recommendation by the Planning and Zoning Commission with the approval of the Board of Aldermen. A public hearing shall not be required in granting this variance from the requirements of this Article. All other provisions of Section 20A-6(b) shall apply herein as previously enacted.
(2)
Street lights shall be required only at street intersections
and entrances to the subdivision.
(3)
Sidewalks shall be required and shall be designed and constructed
in accordance with St. Louis County sidewalk specifications, except,
the Board of Aldermen may, upon written request by the subdivider,
forgive, vary or modify this requirement when the topography or contour
of the land, after final grade, creates a hazardous condition or undue
hardship.
(4)
Connection to a public water system shall not be required where
(a) it is not readily accessible, or (b) it can be demonstrated that
it is not economically feasible. Individual water wells may be constructed
when approved by appropriate health agencies and plumbing inspections.
(5)
Connection to a sanitary sewer system shall not be required.
Individual package type sewage treatment plants (aeration systems)
may be used when of an approved type and the installation approved
by plumbing inspections.
(6)
Storm sewers shall not be required to be installed, except at
the crossing of roads by natural watercourses, where storm sewers
shall be appropriately sized and installed.
(7)
There shall not be an open space dedication requirement.
(o)
Each developer or builder of a residential lot within the City not
intended for occupancy by the builder of same shall establish with
the City a one thousand dollar ($1,000.00) per lot escrow for a final
grading and yard establishment escrow. Upon passing a City inspection,
the developer or builder of the subject lot may request a ninety percent
(90%) release of said escrow. The remaining ten percent (10%) will
be held for incidental items if or as needed and shall be released
in conjunction with other escrow amounts and categories, subject to
a final inspection.
(r)
Creation Of Walk-Out Lots. A subdivider may not
alter the natural topography of an area by means of excessive grading
and/or tree removal so as to create a lot suitable for the construction
of a structure with a means of lower level ingress and egress (commonly
known as a walk-out lot), when absent such excessive grading such
a structure could not otherwise be constructed.
[Ord. No. 50, Art. 14, §6; Ord. No. 520, §6; Ord. No. 645, §2; Ord. No. 1926 §1, 6-20-2006]
Whenever the tract to be developed is of such unusual size or
shape or is surrounded by such development or unusual conditions that
the strict application of the requirements contained in these regulations
would result in real difficulties and substantial hardships or injustices,
the Board of Aldermen may vary or modify such requirements so that
the subdivider may be allowed to develop his property in a reasonable
manner, but so that, at the same time, the public welfare and the
interests of the City are protected and the general intent and spirit
of this article are preserved.
Where lots are irregular in shape with frontage on a circular
street or court at the termination of a street, the frontage of the
lot may be reduced below the minimum frontage specified under the
intensity of use provisions for the zoning district in which it is
located; provided however, that the width of the lot at the building
line shall be in accordance with the minimum frontage specified for
the zoning district.
[Ord. No. 50, Art. 14, §7; Ord. No. 520, §7; Ord. No. 645, §2]
The planning and zoning commission may, from time to time, adopt,
amend and publish rules and instructions for the administration of
these subdivision regulations to the end that the public be informed
and that approval of plats be expedited.
[Ord. No. 1257 §1, 10-15-1996]
(a)
The subdivider shall install and operate all street lighting within
all plats until such time that the City accepts the financial responsibility
for same. At a minimum, the subdivider shall install and operate street
lights at all required street and intersection locations from the
point of the nearest intersection of a street containing a dwelling
unit to the point of the dwelling unit located furthest from the subject
intersection.
(b)
Before the City shall accept financial responsibility for street
lighting, all street lighting required by the City shall be installed
and operating. Unless the subdivider successfully demonstrates to
the City that extraordinary mitigating circumstances exist, the City
will not give consideration to accepting financial responsibility
for street lights within a particular plat until a minimum of seventy-five
percent (75%) of the homes located therein are occupied with at least
conditional occupancy permits. Further, the City will not give consideration
toward acceptance of financial responsibility for any plats containing
display home illumination or other promotional lighting until such
lighting is metered separately and remains the responsibility of the
subdivider.
