Editor's Note — Ord. no. 2327 §1, adopted March 18,
2003, repealed chapter 410 and enacted the new provisions set out
herein. Former chapter 410 derived from ord. no. 1909 §§1
— 2, 7-2-96; ord. no. 2025 §§1 — 2, 1-20-98;
ord. no. 2197 §1, 12-19-00; ord. no. 2091 §§1 —
2, 5-4-99; ord. no. 2147 §1, 3-7-00; ord. no. 2171 §1, 8-1-00;
ord. no. 2236 §§3 — 4, 9-4-01; ord. no. 2122 §§1
— 2, 9-7-99.
[Ord. No. 2327 §1, 3-18-2003]
This Chapter is intended to provide for the harmonious development
of incorporated areas within the City of Pacific, Missouri; for the
coordination of subdivision streets with other existing or planned
streets or with other features of the Comprehensive Plan of Pacific,
Missouri; for adequate open spaces for traffic, recreation, light
and air; and for a distribution of population and traffic which will
tend to create conditions favorable to health, safety, convenience
and prosperity. These provisions apply to all subdivisions of land
within the City.
[Ord. No. 2327 §1, 3-18-2003]
All subdivision plans shall be in harmony with the Comprehensive
Plan, zoning, minimum design and development standards and other requirements
herein and other ordinances and regulations adopted by the City of
Pacific. Insofar as the Comprehensive Plan does not indicate size,
location, direction or extent of a street, the arrangement of streets
in a subdivision shall provide for the continuation of the principal
streets existing when adjoining property is subdivided or developed.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2593 §1, 6-17-2008]
A.
Generally.
1.
No land within the limits of the City of Pacific shall be subdivided
after the adoption of these regulations without complying with the
provisions of this Chapter.
2.
Where a tract of land is proposed to be subdivided in several stages
over a period of years and the subdivider requests approval in parts,
he/she shall submit a detailed plan of the entire tract to be developed
at the time of submission of request for the first (1st) section with
appropriate sectioning to demonstrate to the Commission that the total
design, as proposed for the entire subdivision, is feasible. The Commission
may give preliminary approval to the overall plan and final approval
on the parts as submitted from time to time.
3.
The provisions of this Chapter shall be held to be the minimum requirements
necessary in the subdivision of land.
4.
Where a tract of land to be subdivided abuts a street requiring additional
right-of-way for future widening purposes, any width taken or to be
taken shall not be subtracted from the net area for building sites
and shall not increase the front building setback line.
5.
All interpretations of these rules and regulations are reserved to
the administrative bodies referred to herein.
6.
No lot, tract or parcel which has been included as part of any boundary
adjustment or subdivision shall be included in any petition or application
for a subdivision or boundary adjustment for a period of one (1) year
after City approval of the boundary adjustment or subdivision.
7.
Nothing herein shall be interpreted to apply to the subdivision of
land by the City for streets or other rights-of-way purposes.
B.
Boundary Adjustments.
1.
Purpose. The purpose of this Section is to allow
adjustments to lot lines of platted lots or other lawful parcels for
the purpose of adjusting the sizes, frontages or configuration of
buildable lots; however, it is not intended that extensive replotting
be accomplished by use of this Section.
3.
Procedure.
a.
A boundary adjustment shall be accomplished by plat but must include
an adequate legal description of the boundaries of the original lots
and of the adjusted lots.
b.
The boundary adjustment plat or plats shall be submitted to the Zoning
Officer for review and may be approved administratively by the Zoning
Officer if no plat approval is involved. In the event that the Zoning
Officer determines that the boundary adjustment reasonably could negatively
impact public facilities or infrastructure, traffic or public safety
or is inconsistent with any of the purposes or requirements of this
Code, the Zoning Officer may either deny the boundary adjustment or
require modifications consistent with this Code if applicable or may
refer the application to the Board of Aldermen which shall review
and approve, modify or deny the boundary adjustment by motion or resolution
consistent with the purposes and requirements herein. Improvement
plans and installation of public improvements shall not be required
solely for a boundary adjustment approval unless determined necessary
to meet requirements of public safety or other purposes of this Code.
C.
Condominium Plats.
D.
Minor Subdivisions.
[Ord. No. 3194, 6-2-2020]
1.
Purpose. The purpose of this Section is to provide a simplified administrative review and approval procedure for minor subdivisions as defined in Section 400.040 of this Code.
[Ord. No. 2327 §1, 3-18-2003]
A.
Preliminary Considerations. In order to make the most of
opportunities related to the proposed subdivision and to conserve
time, effort and expense, the owner or subdivider should consult with
the Zoning Officer prior to the preparation of the preliminary plat
for the subdivision.
B.
Filing Of Preliminary Plat.
1.
A developer desiring approval of a preliminary plat of a subdivision
of any land lying within the City of Pacific shall submit to the Commission
a written application for such approval prepared on printed forms
provided by the Zoning Officer. Such application shall be accompanied
by plans and information prepared in accordance with the requirements
set forth in this Chapter.
2.
The completed application and prints of the required drawings shall
be submitted no later than thirty (30) days prior to the Commission
meeting at which initial consideration is desired.
3.
Fees. A fee in the amount set forth in Section 405.060(B) of this Title shall be paid to the City Clerk at the time of submission of the preliminary plat. No action of the Commission or Board of Aldermen shall be valid until the fees have been paid to the City. This fee shall be charged on all preliminary plats, regardless of action taken, whether the plat is approved or disapproved. The City Clerk shall notify the Commission in writing when the filing fees have been paid.
4.
Review and hearings. The preliminary plat shall be reviewed by the Commission and the Board of Aldermen to determine whether the plat is in harmony with the requirements of this Chapter and public hearing before the Commission and notice thereof shall be held in conformance with the procedures in Section 405.060; provided that no deficiency in such process shall affect the validity of any decision.
5.
Once the preliminary plat is reviewed by the Commission, the Board
of Aldermen shall be notified in writing of its recommendation. The
Board of Aldermen may approve the preliminary plat, may modify the
plat and/or conditions of approval or deny the preliminary plat.
6.
If the preliminary plat is approved by the Board of Aldermen by resolution,
the applicant is authorized to proceed with the preparation of the
final plat.
7.
In the case of a subdivision being developed in stages, the applicant
shall obtain final approval in not more than three (3) years from
the date of preliminary approval for the remaining portions of the
plat, after submission of one (1) portion within the specified period.
Failure to submit the remaining portions for approval in final plat
form within the three (3) year period from the date of preliminary
approval will require reprocessing of the application for preliminary
approval.
C.
Approval Of Improvement Plans. Prior to submission of the
final plat, improvement plans shall be submitted to the Commissioner
of Public Works and approved subject to revisions as may be required
by the Commissioner of Public Works after review of the final plat
by the Planning and Zoning Commission. The applicant shall submit
to the Planning and Zoning Commission with the final plat a summary
of the conditionally approved improvement plans showing the locations,
appearance and explanation of the adequacy of the improvements.
D.
Approval Of Final Plat.
1.
The final plat, prepared in accordance with the requirements set
forth herein and accompanied by improvement plans and information
prepared in accordance with the requirements set forth in this Code,
shall be submitted to the Planning and Zoning Commission for approval.
In addition to the actual final plat itself, the submission shall
include the following items:
a.
Three (3) copies of final plat as required by the Public Works Department.
b.
Three (3) copies of improvement plans for the subdivision.
c.
Detailed estimate and certification of the cost of the proposed improvements
prepared by developer's engineer.
d.
Performance guarantee assuring completion of the proposed improvements.
2.
Review and hearings. The final plat shall be reviewed
by the Planning and Zoning Commission and the Board of Aldermen to
determine whether the plat is in harmony with the requirements of
the preliminary plat (if preliminary plat is required) and of this
Chapter.
[Ord. No. 3194, 6-2-2020]
3.
Final approval — recording. Following approval
of the final plat by the Commission, the plat, together with all supporting
data, shall be forwarded to the Board of Aldermen for final approval.
Approval of the final plat by the Board of Aldermen shall be by ordinance
and shall be certified on the document to be filed for record over
the signature of the City Clerk and the Seal of the City of Pacific.
After the Board of Aldermen has approved the performance guarantee
posted by the developer, if applicable, the final plat, endorsed with
the approval of the Board of Aldermen, together with a certified copy
of the ordinance granting such approval, shall be filed for record
in the office of the Recorder of Deeds of the appropriate County at
the sole expense of the developer within ninety (90) days of the passage
of the ordinance or said ordinance and subdivision plat approval shall
become null and void. Within ten (10) days after the recording of
the final plat, the developer shall file with the City Clerk one (1)
mylar print and two (2) paper prints of the recorded plat all of which
shall bear the print of the Recorder's stamp thereon. The City, at
its option, may record the plat and return a copy to the applicant
at its cost.
E.
Subdivision In Flood Hazard Areas.
1.
All subdivision applications for areas located within the flood hazard
areas as that term is defined in the Municipal Code of the City of
Pacific shall be reviewed with respect to the following criteria:
a.
The proposed development is consistent with the need to minimize
flood damage.
b.
Subdivision proposals involving more than five (5) acres or fifty
(50) lots include regulatory flood elevation data.
c.
Adequate drainage is provided so as to reduce exposure to flood hazards.
d.
All proposed public utilities and facilities are located so as to
minimize or eliminate flood damage.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2421 §1, 1-4-2005; Ord.
No. 2776 §1, 2-15-2011]
A.
Preliminary Plat.
1.
The developer shall file fifteen (15) copies of the drawings, as
well as one (1) eleven (11) inch by seventeen (17) inch copy of the
drawings, with the Zoning Officer. The Zoning Officer shall transmit
copies of the plat to the following departments and agencies. Unless
otherwise required by the City, the preliminary plat shall be submitted
on a twenty-four (24) inch by thirty-six (36) inch or thirty (30)
inch by forty-two (42) inch format in a scale of one (1) inch equals
one hundred (100) feet.
a.
Planning and Zoning Commission;
b.
Commissioner of Public Works;
c.
Building Department;
d.
Fire district; and
e.
Other agencies or officials, such as the Postal Service, City Clerk
or City Attorney, or as may be directed by the Planning and Zoning
Commission.
f.
The developer shall also provide a copy of the plat to each public
utility, the school district and the Missouri Department of Transportation
or other entity as directed by the City.
2.
The following items shall be either shown on or accompany the preliminary
plat.
a.
Proposed name of the subdivision.
b.
Location map, with names of abutting property owners of each lot
adjacent to the area to be subdivided and their projected property
lines where they intersect the boundary of the subdivision.
c.
Names and addresses of the owner, subdivider and the surveyor who
prepared the plat.
d.
Sanitary sewage disposal method.
e.
Stormwater management.
f.
Existing and proposed street right-of-way and pavements, including
any proposed dedication strips for widening existing streets; approximate
gradients, types and width of pavements; location of curbs, sidewalks,
walkways, planting strips; and other pertinent data.
g.
Layout of lots, showing approximate dimensions and number.
h.
Parcels of land proposed to be dedicated or reserved for schools,
parks, playgrounds or other public, semi-public or community purposes.
i.
Easements, existing and proposed, showing locations, widths and purposes.
j.
Building setback lines for front, side and rear of each lot.
k.
Location and size of nearest water main and fire hydrant, storm sewer,
sanitary sewer and other utilities.
l.
Location, type and approximate size of utilities to be installed.
m.
Tract boundary lines showing dimensions, bearings, angles and references
to known land lines and monuments.
n.
Topography of the tract, existing and proposed, shown in contours
at vertical intervals of five (5) feet if the general slope of the
site is less than ten percent (10%) and at vertical intervals of ten
(10) feet if the general slope is ten percent (10%) or greater. (U.S.D.S.
data will be acceptable.)
o.
Tree masses.
p.
Location of existing structures.
q.
Scale, north arrow and date.
r.
Grading plans.
B.
Improvement Plans. Prior to submission of the final plat, plans and specifications for subdivision improvements required under Article III of Chapter 400, Section 410.073 or elsewhere in this Code (improvement plans) shall be submitted to the Commissioner of Public Works and approved subject to revisions as may be required by the Commissioner of Public Works after review of the final plat by the Planning and Zoning Commission. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with drainage area maps, contained in the improvement plans shall be prepared on standard plan and profile sheets twenty-four (24) inches by thirty-six (36) inches by a professional engineer duly registered to practice in the State of Missouri. The improvement plans shall be submitted to and conditionally approved by the Department of Public Works prior to their submission to the Planning and Zoning Commission with the final plat. The applicant shall submit a summary of the conditionally approved improvement plans showing the locations, appearance and explanation of the adequacy of the improvements to the Planning and Zoning Commission with the final plat.
C.
Final Plat.
1.
The final plat may include all or only a part of the preliminary
plat that has already received approval.
2.
The final plat is to be prepared from an accurate survey made by
a land surveyor registered to practice in the State of Missouri and
shall be drawn on tracing cloth, drafting film or equivalent. Unless
otherwise required by the City, the final plat shall be submitted
on a twenty-four (24) inch by thirty-six (36) inch or thirty (30)
inch by forty-two (42) inch format in a scale of one (1) inch equals
one hundred (100) feet on one (1) or more sheets. If more than one
(1) sheet is required, a key map shall be provided on Sheet No. 1
showing the entire subdivision at reduced scale.
3.
The final plat shall contain the following information:
a.
Boundary lines, width dimensions and bearings or angles that provide
an accurate survey of the tract.
b.
Subdivision title or name, north arrow, scale and date.
c.
Certificate of registered land surveyor covering execution of survey
and preparation of subdivision plat.
d.
Certificate of the owner creating the subdivision, dedicating all
street rights-of-way, dedicating all public areas with statement of
the use or uses for which dedicated, granting easements with statement
of the use or uses for which granted, establishing building lines.
e.
Certificates of all owners and holders of deeds of trust on the plat
as prepared releasing from the lien created by said deeds of trust
all land dedicated to public use on the plat.
f.
Certificate indicating approval of the plat by the Board of Aldermen
of the City of Pacific, prepared for execution by the City Clerk,
over the Seal of the City of Pacific.
g.
A summary of the improvement plans showing the locations, appearance
and explanation of the adequacy of the improvements including a one-page
stormwater plan submitted with the plans and profiles of the storm
and sanitary sewers.
D.
Approved Improvement Plans And Specifications. The developer
shall submit to the Planning and Zoning Commission with the final
plat a summary of the conditionally approved improvement plans showing
the locations, appearance and explanation of the adequacy of the improvements.
The Planning and Zoning Commission may review the summary of the improvement
plans and any other plans and specifications it may request prior
to its recommendation on the final plat. The plans and specifications
must be submitted to and approved by the Department of Public Works
and reviewed by the Planning and Zoning Commission prior to their
submission to the Board of Aldermen with the final plat.
E.
Performance Guarantee. Compliance with the regulations herein
as to the extent and the manner in which the streets of the subdivision
or any designated portions thereto shall be graded and improved, as
well as the extent and manner of the installation of all utility facilities,
are conditions precedent to the approval of the plat. However, in
lieu of the developer's completion of the work and installations before
final approval of a plat, the Board of Aldermen, at its sole discretion,
may accept a bond or escrow in the form of cash or a letter of credit
(hereinafter "performance guarantee") in an amount and with surety
and other reasonable conditions providing for and securing the actual
construction and installation of the improvements and utilities within
a period specified by the Board and expressed in the performance guarantee.
1.
Performance guarantee. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans ("required improvements") of such improvements as required herein. Except as provided in Subsection (2) below, the developer shall complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agency agreement unless, upon application to the City and at the City's sole discretion, the City agrees to allow the developer to establish a deposit under a deposit agreement with the City guaranteeing the construction, completion and installation, as required herein, and for the improvements shown on the approved improvement plans within the improvement completion period approved by the City, which shall not exceed two (2) years.
2.
Exceptions. The City may require any specific improvement
to be installed prior to approval of the record plat where failure
to install such improvement prior to further development could result
in damage to the site or surrounding properties.
3.
Performance guarantee options. Performance guarantees
required by this Section shall be in conjunction with a deposit agreement
and may be in the form of cash or letter of credit as follows:
a.
Cash deposited with the City Clerk to be held in an interest-bearing
account dedicated for that purpose with all interest accruing to the
City to offset administrative and other costs of maintaining the cash
deposits;
b.
An irrevocable letter of credit drawn on a local financial institution
acceptable to and in a form approved by the City Attorney. The instrument
may not be drawn on any financial institution with whom the developer
or a related entity has any ownership interest or with whom there
is any joint financial connection that creates any actual or potential
lack of independence between the institution and the developer. The
letter of credit shall provide that the issuing institution will pay
on demand to the City such amounts as the City may require to fulfill
the obligations herein and may be reduced from time to time by a writing
of the City Clerk. The letter of credit shall be irrevocable for at
least one (1) year and shall state that any balance remaining at the
expiration shall automatically be deposited in cash with the City
Clerk, unless a new letter of credit is issued and agreed to by the
City or the City issues to the institution a written release of the
obligations for which the letter of credit was deposited. The developer
shall pay a non-refundable fee of two hundred dollars ($200.00) to
the City or as otherwise established by the Board, with submission
of a letter of credit and the same fee for any amendment or extension
thereto, to partially reimburse the City's administration and review
costs in accepting and maintaining such letter of credit.
4.
Amount of deposit. The construction deposit required
of a developer establishing performance guarantee deposit agreement
shall be in an amount equal to Commissioner of Public Works' estimate
of the actual cost to the City of the construction, completion and
installation of the required improvements if the City were required
to complete the improvements to the required specifications. The Commissioner
of Public Works may adopt, to the extent practical, schedules reflecting
current cost estimates of typically required improvements. Where certain
improvements are required to be installed prior to approval of the
record plat, the gross deposit amount for the construction deposits
shall be reduced by the estimated cost of such improvements.
5.
Deposit agreement — releases. The performance
guarantee deposit agreement shall be entered into with the City, shall
require the developer to agree to fulfill the obligations imposed
by this Section and shall have such other terms as the City Attorney
may require consistent with this Section. The agreement shall authorize
the designated City Official to release the cash or reduce the obligation
secured under the letter of credit as permitted herein. Such releases
or reductions may occur upon completion, inspection and approval by
the Board of all required improvements within a category of improvements
or may occur from time to time as work on specific improvements is
completed, inspected and approved, provided however, that:
a.
Releases — general. The City shall release
the cash or release the letter of credit as to all or any part of
its obligation only after construction, completion and installation
of some phase of work on the improvements indicated on the approved
improvement plans, receipt of requisite written notification from
the appropriate inspecting public authority and approval by the City
Administrator; and only in the amounts permitted herein.
Inspection requests. The Department of Public
Works shall inspect each category of improvement or utility work within
twenty (20) business days after a request for such inspection has
been filed with the department by the developer and no inspection
shall be required until such request is received by the department.
For purposes of this Section, an "inspection request" shall constitute
and occur only on a completed written request on a form that shall
include:
(1)
The category of improvement requested to be inspected (as shown
in the applicable deposit agreement or approved City estimate form);
(2)
An engineer's certification that the category of improvement
has been installed and on the date of inspection application is maintained
and in conformance with the final approved improvement plans and all
applicable requirements thereto and is therefore ready for inspection;
and
(3)
A verified statement from the representative officer of the
developer attesting that the information in the inspection request
is true and accurate. Nothing herein shall preclude the department
from completing additional inspections at its discretion or as a courtesy
to the developer.
b.
Extension of completion period. If, at the end of
the improvement completion period, all the improvements shown on the
approved improvement plans have not been completed, the developer
may request and the Board of Aldermen may grant an extension to the
improvement completion period as set forth in the deposit agreement
for a reasonable time as determined by the Board of Aldermen if after
review by the City such longer period is deemed necessary to facilitate
adequate and coordinated provisions for transportation, water, sewerage,
schools, parks, playgrounds or other public improvements, facilities
or requirements so long as all guarantees are also extended and approved
by the City Attorney; provided that the City may require as a condition
of the extension execution of a new agreement, recalculation of deposit
amounts or satisfaction of new Code requirements or other reasonable
conditions as may be needed to ensure that the extended agreement
fully complies with the terms of this Section.
c.
Construction deposit releases. After an inspection
of any specific improvements, the City may at its discretion release
up to ninety-five percent (95%) of the original sum deposited for
the construction of such specific required improvements. Irrespective
of any discretionary prior releases that may be authorized by the
City after completion of any component of the guaranteed improvements
(i.e., less than all of the improvements in a given category), the
remaining amount held for any category of improvements for the entire
subdivision shall be released within thirty (30) days of completion
of all of the improvements in such category of improvement, minus
a retention of five percent (5%) that shall be released only upon
completion of all improvements for the subdivision. The City shall
establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of deposit
amounts, but such categories, components and line items shall in no
way modify or reduce the developers guarantee as to all required improvements,
irrespective of any release or completion of any category or underlying
component or line item. All improvements in a category shall be deemed
complete only when (1) each and every component and line item within
a category for the entire subdivision has been constructed as required,
(2) the developer has notified the Commission of Planning and Zoning
in writing that it has finished work on all components of the category,
provided all necessary or requested documentation and requests an
inspection, (3) the developer is not in default or in breach of any
obligation to the City under this Section, including, but not limited
to, the City's demand for deposit of additional sums for the subdivision,
and (4) the inspection has been completed and the results of the inspection
have been approved in writing by the City and/or its agents.
d.
Effect of release — continuing obligations. The developer shall continue to be responsible for defects, deficiencies
and damage to public streets and other required improvements during
development of the subdivision. No inspection approval or release
of funds from the construction deposit as to any component or category
shall be deemed to be City approval of improvement or otherwise release
the developer of its obligation relating to the completion of the
improvements until the final subdivision release on all improvements
is issued declaring that all improvements have in fact been constructed
as required. Inspection and approval of any or all required improvements
shall not constitute acceptance of the improvement by the City as
a public improvement for which the City shall bear any responsibility.
e.
Deficient improvements. No approval of required
improvements shall be granted for improvements that fail to meet the
specifications established herein or otherwise adopted by the City.
f.
Final release and replacement bond for warranty during build
out. Upon final inspection and approval of all required improvements,
the remaining amount of the construction deposit shall be released;
provided, that no such funds shall be released on a final inspection
until the development of the subdivision is complete as determined
by the City and a replacement bond is posted to warrant against damage
to public improvements during build out of the subdivision. The City
shall not accept any street for maintenance until completion and final
inspection, collection of all fees and approval by the Commissioner
of Public Works, as provided in Section 410.075(O)(10). The replacement
bond shall be in the amount of five percent (5%) of the total construction
costs of the public infrastructure improvements and shall be held
by the City for a term of two (2) years, unless said term is extended
by agreement of the City and the developer. The developer shall enter
into a Replacement Bond Agreement with the City, setting forth the
terms of the developer's warranty during the build out of the subdivision.
[Ord. No. 3262, 5-4-2021]
g.
Appeals. If the developer believes that a release
or certificate of completion has been improperly denied, an appeal
shall be filed with the Board of Adjustment who shall sit as the Board
of Administrative Appeals to hear such disputes and no such denial
shall be deemed final until such appeal procedure has been exhausted.
6.
Failure to complete improvements. The obligation
of the developer to properly construct, install and preserve the improvements
as indicated on the approved improvement plans shall not cease until
the developer shall be finally released by the City. If, after the
initial improvement completion period or after a later period as extended
pursuant to this Section, the improvements indicated on the approved
improvement plans are not constructed, completed, installed, preserved
and accepted as required or if the developer shall violate any provision
of the deposit agreement, the City may ask the developer to show cause
within not less than ten (10) days why the developer should not be
declared in default. Unless good cause is shown, no building or other
permit shall be issued to the developer in the subdivision during
any period in which the developer is in violation of the performance
guarantee deposit agreement or subdivision code relating to the subdivision.
If the developer fails to cure any default or present compelling reason
why no default should be declared, the City shall declare the developer
in default and may take any one (1) or more of the following acts:
a.
Deem the balance under the performance guarantee deposit agreement
not theretofore released as forfeited to the City, to be then placed
in an appropriate trust and agency account subject to the order of
the City for such purposes as letting contracts to bring about the
completion of the improvements indicated on the approved improvement
plans or other appropriate purposes in the interest of the public
safety, health and welfare; or
b.
Require the developer (or its agent) to pay to the City the balance
of the performance guarantee not theretofore released; or
c.
Require the developer to submit an additional cash sum sufficient
to guarantee the proper completion of the improvements as indicated
on the approved improvement plans after recalculation to allow for
any increased actual costs of constructing, reconstructing, removing
and/or replacing the improvements.
|
The failure of a developer to complete the improvement obligations
within the time provided by the agreement (or any extension granted
by the City) and including the payment of funds to the City due to
such failure or an expiration of a letter of credit shall be deemed
an automatic act of default entitling the City to all remedies provided
in this Section without further or prior notice. It shall be the sole
responsibility of the developer to timely request an extension of
any deposit agreement if the improvements are not completed in the
original time period provided by the deposit agreement and no right
to any extension shall exist or be assumed.
|
7.
Other remedies for default. If the developer or
its agent fails to comply with the City's requirements for payment
as described above or fails to complete the improvements as required
or otherwise violates the deposit agreement provisions and there is
a risk that development will continue in the subdivision without the
timely prior completion of improvements or compliance with deposit
agreement provisions, the City may in addition or alternatively to
other remedies:
a.
Suspend the right of anyone to build or construct on the undeveloped
portion of the subdivision. For the purpose of this Subsection, the "undeveloped portion of the subdivision" means all lots
other than lots which have been sold for personal use and occupancy
or are under bona fide contract for sale to any person for personal
use or occupancy. The City shall give the developer ten (10) days'
written notice of an order under this Subsection, with copies to all
sureties, as appropriate, who have outstanding obligations for any
undeveloped portion of the subdivision, and shall record an affidavit
of such notice with the Recorder of Deeds. If, within the ten (10)
day period after notice is given, the City is not convinced by compelling
evidence that completion of the improvements is adequately assured
and maintenance of streets assured as provided herein, the City shall
order construction suspended on the undeveloped portion of the subdivision.
The order shall be served upon the developer, with a copy to the issuer
of the surety as appropriate, and a copy recorded with the Recorder
of Deeds. Public notice of said order shall be conspicuously and prominently
posted by the City at the subdivisions or lots subject to said order.
The notice shall contain the following minimum language which may
be supplemented at the discretion of the designated City Official:
(1)
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF PACIFIC. NO DEVELOPMENT, CONSTRUCTION, BUILDING
OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF
THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF PACIFIC REMOVES THIS
PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO CHAPTER 410, CITY OF PACIFIC MUNICIPAL CODE.
(2)
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF PACIFIC. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL
SUCH TIME AS THE CITY OF PACIFIC REMOVES THIS PROHIBITION. ANY DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION
IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER
410, CITY OF PACIFIC MUNICIPAL CODE.
|
The suspension shall be rescinded in whole or in part only when
the City is convinced that completion of the improvements is adequately
assured in all or an appropriate part of the subdivision; or
|
b.
Suspend the rights of the developer or any related entity to construct
structures in any development platted after the effective date of
such suspension throughout City and such incorporated areas as are
under City jurisdiction. The City shall give the developer ten (10)
days' written notice of an order under this clause, with a copy to
sureties known to the City to have obligations outstanding on behalf
of the developer or related entities, and shall record an affidavit
of such notice with the Recorder of Deeds. If, within the ten (10)
day period after notice is given, the City is not convinced by compelling
evidence that completion of the improvements is adequately assured
and maintenance of streets assured as provided herein, the City shall
order construction suspended. The order shall be served upon the developer,
with a copy to the surety as appropriate, and a copy recorded with
the Recorder of Deeds. The suspension shall be rescinded only when
the City is convinced that completion of the improvements is adequately
assured.
8.
Suspension of development rights. From and after
the effective date of this Section, if a developer or any related
entity has a subdivision development improvement guarantee that is
in default, as determined by the City, including any escrow or bond
under any prior enactment of this Section:
a.
The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (7) of this Section; and
b.
The rights of the developer or any related entity to receive development
approval, which approval shall include, but not be limited to, approval
of any plat or deposit agreement for new or further development in
the City, shall be suspended. The suspension shall be rescinded only
when the City is convinced that completion of the improvements is
adequately assured.
9.
Additional remedies. If any party fails to comply with any obligation of this Section, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by setoff of any funds or assets otherwise held by the City or the developer to the maximum extent permitted by law. Such setoff shall occur upon written notice of such event by the City to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 410 that the developer shall pay the City's costs, including reasonable attorney's fees, of enforcing this Section or any agreement thereunder in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under the City's administrative review procedure.
10.
Related entities. For purposes of this Section, "related entity" has the following meaning: a developer
is a "related entity" of another person:
a.
If either has a principal or controlling interest in the other; or
b.
If any person, firm, corporation, association, partnership or other
entity with a controlling interest in one has a principal or controlling
interest in the other.
|
The identification of related entities shall be supported by
documentation from the Secretary of State's office, Jefferson City,
Missouri.
|
[Ord. No. 2327 §1, 3-18-2003]
A.
In
addition to the principles and standards of this Chapter, which are
appropriate to the planning of all subdivisions, the developer of
a subdivision intended for non-residential use shall demonstrate to
the satisfaction of the Commission that the street, parcel and block
pattern proposed is specifically adapted to the uses anticipated and
is compatible with other uses in the vicinity. For such proposals,
the following principles and standards shall be observed:
1.
Proposed industrial parcels shall be suitable in area and dimensions
to the type or types of industrial development anticipated.
2.
Street right-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated.
3.
The Commission may impose special requirements with respect to street,
curb, gutter, street light, planting, sidewalk, utility and other
improvements to meet special needs.
4.
Lots which are platted adjacent to residential uses or residential
zoning districts shall have increased width, depth and/or area to
provide adequate space for screening and/or buffering as required
by this Title.
5.
No street shall be platted which connects to a minor existing street
which has residential zoning districts on both sides.
[Ord. No. 2327 §1, 3-18-2003]
The developer and his/her contractor shall cause the subdivision to conform to the requirements of the landscaping and screening requirements contained in Section 400.230 of this Title.
[Ord. No. 2327 §1, 3-18-2003]
A.
Scope. Trust indentures shall be required for all subdivisions
that have common ground, common facilities or private roads.
B.
Submission And Review Procedure. Trust indentures shall
be submitted to and approved by the Zoning Officer for approval as
to legal form and compliance with the regulations of this Section.
Submitted with a trust indenture shall be a written legal opinion
prepared and signed by an attorney licensed to practice law in the
State of Missouri setting forth the attorney's legal opinion as to
the validity of the legal form and effect of the trust indenture.
Approved trust indentures and warranty deeds shall be filed with the
Recorder of Deeds simultaneously with recording of the subdivision
record plat, with a copy to be filed with the City.
C.
Provisions Of The Trust Indenture. The following provisions
shall be included in the trust indentures:
1.
Election of trustees. The initial board of trustees
may be appointed by the developer. One-third (⅓) of the trustees
shall be chosen by purchasers of developed lots or units after fifty
percent (50%) of the lots or units have been sold; two-thirds (⅔)
of the trustees shall be chosen by purchasers of developed lots or
units after seventy-five percent (75%) of the lots or units have been
sold; all of the trustees shall be chosen by purchasers of developed
lots or units after all of the lots or units have been sold. The trust
indenture shall provide for the method and time of the election of
trustees.
2.
Vacancies on the Board of Trustees. Where the provisions
of a trust indenture cannot be fulfilled by reason of unfilled vacancies
among the trustees, the Board of Aldermen may, upon the petition of
any concerned resident or property owner of the subdivision, appoint
one (1) or more trustees to fill vacancies until such time as trustees
are selected in accordance with the trust indenture. Any person so
appointed who is not a resident or property owner within the subdivision
shall be allowed a reasonable fee for his services by the order of
appointment, which fee shall be levied as a special assessment against
the property in the subdivision and which shall not be subject to
any limitations on special assessments contained in the trust indenture
or elsewhere.
3.
Term of the indenture and title to common ground. The term of the indenture shall be perpetual or for the duration
of the subdivision. In the event the subdivision is vacated, thereafter,
fee simple title shall vest in the then lot or unit owners as joint
tenants. The rights of the joint tenants shall only be exercisable
appurtenant to and in conjunction with their lot or unit ownership.
Any conveyance or change of ownership of any lot or unit shall convey
with it ownership in the common property and no interest in the common
property shall be conveyed by a lot or unit owner except in conjunction
with the sale of a lot or unit. The sale of any lot or unit shall
carry with it all the incidents of ownership of the common property
although such is not expressly mentioned in the deed; provided however,
that no right or power conferred upon the trustees shall be abrogated.
4.
No provision shall limit the right of any property owner or residents
from expressing any opinion or seeking redress from any government
body, nor shall any provision discriminate against any person on the
basis of race, religion, national origin or gender or deny benefits
to any property owner otherwise entitled by these provisions.
[Ord. No. 2327 §1, 3-18-2003]
The Board of Aldermen shall establish, adopt and amend by resolution
or ordinance the official specifications of the City for streets and
other required improvements.
[Ord. No. 2327 §1, 3-18-2003; Ord. No. 2409 §1, 9-21-2004]
A.
Improvements.
1.
Improvements shall be provided by the developer in each subdivision
in accordance with the standards and specifications of the City of
Pacific Public Works Department, as may be adopted and amended from
time to time by the Commissioner of Public Works and requirements
of this Chapter.
2.
All improvements proposed to be made under the provisions of this
Chapter, both public and private, shall be inspected during the course
of construction by the Commissioner of Public Works or his/her duly
designated representatives.
3.
All improvements shall be constructed in a workmanlike manner. Improvements
not constructed to City specifications, constructed in a substandard
manner or damaged at installation due to weather conditions shall
be rejected by the Public Works Department. Contractors and developers
shall remove and replace rejected items. The City shall not accept
any public improvement for public maintenance until completion and
final inspection, collection of all fees and approval by the Commissioner
of Public Works.
B.
Lots.
1.
Except as otherwise provided in this Chapter, such as under a Planned
Unit District provision, all lots shall meet the minimum area; the
front, side and rear yard requirements; and the minimum width requirements
of the zoning district in which the subdivision is located.
2.
All lots shall have at least ninety percent (90%) of the required
width of the front building line as frontage on the right-of-way line
except for lots with frontage on cul-de-sacs and turnarounds, which
shall have at least fifty percent (50%) of the required width of the
front building line as frontage on the right-of-way line.
3.
Side lines of lots shall be at approximately right angles to straight
streets and on radial lines on curved streets.
4.
Double frontage lots should not be platted, except that where desired
along major streets, lots may face on an interior street and back
on such thoroughfare. In the event double frontage lots are created,
appropriate screening shall be approved by the Commission.
5.
Corner residential lots shall be ten percent (10%) wider on both
street frontages than the required zoning width to permit appropriate
setbacks.
6.
Lots of a flag configuration, which could place a dwelling unit behind a dwelling unit, shall not be platted. Lots which conform to Subsection (B)(2) shall not be considered lots of a flag configuration.
7.
The size, shape and orientation of lots and the orientation of structures
shall be designed to provide desirable building sites logically related
to topography, natural features, streets, parking areas, common ground
(if any), other structures and adjacent land uses. Due regard shall
be given to preserving natural features which would add attractiveness
and value to the neighborhood such as large trees, unusual rock formations,
watercourses and sites which have historical significance, scenic
views and similar assets.
C.
Monuments, Markers And Bench Marks.
1.
Survey procedures.
a.
Prior to recording a new subdivision plat, the surveyor shall establish
semi-permanent, or confirm existing, monuments at each and every exterior
comer on the boundaries of the tract of land being subdivided.
b.
The surveyor shall establish at least two (2) permanent monuments
for each block created. This requirement is waived when the survey
does not create more than four (4) lots or parcels and no new public
or private streets, roads or access easements.
c.
The permanent monuments required in Subsection (C)(1)(b) above shall be set prior to the recording of the plat if they will not normally be moved or destroyed by construction within six (6) months of their installation. If the required permanent monuments will be moved or destroyed by construction, they must be installed upon completion of the construction but in any event within twelve (12) months after the plat has been recorded. The plat shall show all monuments to be set and note when they will be set.
2.
Approved monumentation.
a.
General requirement for permanent and semi-permanent monument. The surveyor shall select a type of monument providing a degree
of permanency consistent with that of the adjacent terrain and physical
features and as required by these standards. All monuments shall be
solid and free from movement. They shall be set in the ground at least
to the depth of the minimum length given unless they are encased in
concrete. With the exception of drill holes and cut crosses, the precise
position of the corner shall be marked by a point on a cap and the
cap shall be inscribed with the registration number of the land surveyor
in responsible charge or the corporate registration number or name
of the company.
b.
Permanent monuments shall be selected from the following:
(1)
Concrete monuments consisting of reinforced concrete at least
four (4) inches square or in diameter and no less than twenty-four
(24) inches in length with its precise position marked by a point
on a brass or aluminum cap not less than one and one-half (1½)
inch in diameter.
(2)
Commercial cast iron or aluminum survey markers no less than
twenty-four (24) inches in length. Non-ferrous markers shall have
ceramic magnets attached to aid in recovery.
(3)
Steel, coated steel or aluminum rod markers not less than five-eighths
(⅝) inch in diameter or iron pipe markers not less than three-quarter
(¾) inches inside diameter and not less than twenty-four (24)
inches in length. These monuments shall have a permanently attached
cap of the same metal or of a dissimilar metal if the metals are insulated
with a plastic insert to reduce corrosion. Non-ferrous rod markers
shall have ceramic magnets attached to aid in recovery.
(4)
Brass or aluminum disk not less than two (2) inches in diameter,
countersunk and well cemented in a drill hole in either solid rock
or concrete. Ceramic magnets shall be attached or installed with the
disk to aid in recovery.
c.
Semi-permanent monuments shall be selected from the following:
(1)
Iron pipe markers not less than three-fourths (¾) inches
outside diameter, at least eighteen (18) inches in length and having
a plastic or metal cap.
(2)
Steel or aluminum rod markers not less than one-half (½)
inch in diameter and not less than eighteen (18) inches in length
and having a plastic or aluminum cap.
(3)
In urban built-up areas, a cross cut in concrete, brick or stone
paving at the precise position of the corner or on a prolongation
of a boundary line.
(4)
In asphalt paving, railroad (RR) spikes, cotton picker spindles
and other metal devices that are solid and not easily removed or destroyed.
P.K. nails and concrete nails are not to be used as semi-permanent
monuments.
d.
Installation of survey monuments. All monuments
will be installed in accordance with these standards and according
to installation details approved by the Commissioner of Public Works
that take into account local conditions.
e.
Existing survey monuments. Existing monuments shall
be evaluated for permanency by the surveyor. In no instance shall
the surveyor be required by these standards to remove existing monuments
unless the installation of a new monument is necessary to preserve
the position of the corner.
f.
When it is impractical to set a required monument, a witness monument
shall be set. It should be placed five (5) feet or more away from
the point and preferably at an even foot. Witness monuments less than
five (5) feet from the point must be clearly identified and shown
on the plat. The location of the witness monument should be along
a line of the survey or a prolongation of such line.
D.
Easements.
1.
Easements for utilities shall be provided. Such easements shall have
a minimum width of ten (10) feet and, where located along interior
lot lines, shall normally be taken from one (1) lot. Before determining
the location of easements on the plat, the developer shall discuss
the plan with the local utility companies in order to assure proper
placement for the installation of services. Adequate sewer and drainage
easements, as required by the Public Works Department, shall be provided.
2.
Wherever a subdivision is traversed by a watercourse, drainage channel
or stream, there shall be provided a drainage right-of-way which shall
be for the purpose of widening, straightening, improving or protecting
the stream at the subdivision's expense as a part of the subdivision
improvements. The width of the drainage right-of-way shall be adequate
for any necessary channel relocations and straightening and the plan
shall be reviewed with and approved by Public Works Department.
3.
It shall be a violation of this Chapter for any person(s) to disturb
any easement in favor of the City or City facilities thereon without
prior written permission of the Board of Aldermen or its designee.
E.
Site Grading And Environmental Protection.
1.
Site disturbance shall be subject to all grading requirements as set forth in grading regulations, Chapter 415 and such additional provisions herein.
2.
Grading shall be in accordance with the final improvement plan approved
by the Board of Aldermen unless the Board of Aldermen, in its sole
discretion, authorizes grading following the review of the grading
plan as part of the Board of Aldermen approval of the preliminary
plat.
3.
A grading plan shall be included in the preliminary plat showing
existing and proposed contours at intervals sufficient to clearly
show the slope of the existing ground surfaces and the extent of the
proposed grading. It shall be prepared on a plat showing the subdivision
layout as proposed on the final plat, the location and first (1st)
floor elevation of each building proposed to be built in the subdivision
and all existing tree masses consisting of medium to large trees and
other pertinent site features which could be affected by site grading.
4.
The minimum fall from building front door threshold to sidewalk grade
is six (6) inches of fall to ten (10) feet in distance.
5.
The grading plan may be examined and/or rejected by the Commission
and the Board of Aldermen on the basis of factors such as preservation
of the natural features of the site, providing adequate drainage of
the area, protection of adjacent and downstream property from the
effects of erosion and siltation, the location and gradient of the
streets, access to lots from streets and similar criteria. Location
and floor elevations of all proposed buildings shall be carefully
studied in relation to proposed street grades, existing topography,
trees and pertinent site features in order to preserve all such features
insofar as possible and desirable.
6.
Consideration shall be given to increasing the setback or front building
line from that required in the zoning district in which a subdivision
is located in order to retain, whenever possible, existing topography,
rock formation, large trees, natural features, natural watercourses,
historical sites or other similar assets.
7.
The building area of a lot shall not be within fifty (50) feet of
the centerline of an existing watercourse nor be on a slope of twenty-five
percent (25%) or greater grade.
F.
Street Design.
1.
Street layouts shall provide access to all lots and parcels of land
within any subdivision. Street jogs of less than one hundred twenty-five
(125) feet shall be prohibited.
2.
Minor streets shall be designed so as to discourage through traffic.
3.
In conjunction with subdivisions into more than two (2) separate
lots, all platted streets shall be public rights-of-way dedicated
to the City of Pacific.
5.
Cul-de-sacs shall not exceed nine hundred (900) feet in length as
measured from the nearest intersecting street to the furthest point
of the turnaround. All cul-de-sacs shall terminate in a circular right-of-way
with a minimum diameter of one hundred (100) feet.
6.
Subdivisions that adjoin or include existing streets that do not
conform to the required right-of-way widths shall dedicate additional
width along either or both sides of such streets. When a subdivision
is located on one (1) side of an existing street or road, a minimum
of one-half (½) of the required right-of-way shall be provided,
measured from the centerline of the right-of-way as originally established.
7.
For any development fronting onto an existing City street, it shall
be the responsibility of the developer to bring the street up to City
specifications to the centerline of the street. Curbs are to be installed
by the developer on the developer's side of the street only.
8.
Streets shall be laid out to intersect as nearly as possible at right
angles.
9.
If the angle of intersection of two (2) streets is less than sixty
degrees (60°), the radius of the arc at the intersection of the
property lines shall be approved by the Commissioner of Public Works.
At the intersections of other streets, the property line corners shall
be rounded by arcs with radii of not less than twenty (20) feet or
chords of such arcs.
10.
A minimum radius of thirty-two (32) feet at the back of the curb
shall be required at all street intersections.
11.
At intersections of streets with alleys, the property line corners
shall be rounded with radii of not less than fifteen (15) feet or
chords of such arcs.
12.
Intersection of more than two (2) streets at one (1) point shall
be prohibited.
13.
Where parkway type streets are proposed, the Commission may recommend
modification of the width standards to be followed in the design of
such streets.
16.
All changes in grade shall be connected by vertical curves to provide
a smooth transition and the required sight distance.
17.
Between reversed curves on major streets, there shall be a tangent
of not less than one hundred (100) feet; and on collector and minor
streets, such tangent shall be not less than forty (40) feet.
18.
Maximum grades for streets shall be as follows:
a.
Not greater than ten percent (10%), except for streets in the "R1-H"
zoning district which shall not exceed fifteen percent (15%).
b.
At street intersections:
(1)
The grade of collector and minor streets shall not be greater
than four percent (4%) for a distance of fifty (50) feet from the
center of any intersection.
(2)
The grade of arterial streets shall not be greater than three
percent (3%) for a distance of fifty (50) feet from the center of
any intersection.
c.
Street grades may exceed these limitations when recommended by the
Commission and approved by the Board of Aldermen for the purpose of
conforming the street grade to the contour of the existing land to
reduce overall site grading and preserve site vegetation.
19.
In the case of temporary dead-end streets, which are stub streets
designed to provide future connection with unsubdivided adjacent areas,
the Commission may require a temporary easement for a turnaround or
an appropriate area for a backaround or a roadway at least twenty-six
(26) feet in pavement width to connect the temporary dead-end with
an existing street. Temporary dead-end streets shall not exceed four
hundred (400) feet in length.
20.
Alleys shall be prohibited in all residential districts but may be
included in commercial and industrial districts when approved by the
Commission where needed for loading, unloading or access purposes
for the public benefit.
21.
Dead-end streets or alleys shall be prohibited except when provided
with a cul-de-sac as provided in this Chapter.
G.
Street Improvements.
1.
Street improvements, including paving, curbs, sidewalks, preparation
of subgrade, bridges, culverts, etc., shall be constructed in accordance
with plans and specifications prepared for the subdivider by a professional
engineer registered to practice in the State of Missouri.
2.
The minimum width of street pavement shall be as follows:
a.
For arterial streets: fifty (50) feet.
b.
For collector streets: forty (40) feet.
c.
For minor streets: thirty-two (32) feet.
d.
For minor streets located within a subdivision which contains lots
to be developed exclusively for single-family residences: thirty (30)
feet.
e.
For cul-de-sacs less than four hundred fifty (450) feet in length:
twenty-six (26) feet.
f.
For alleys: sixteen (16) feet.
|
Pavement width shall be measured from front of curb to front
of curb.
|
3.
Paving requirements.
|
Asphalt Pavement
| |
|
Concrete
| |
|
Asphalt Pavement and Rock Base
|
|
|
Arterial Streets:
|
|---|---|
|
8" Type X asphaltic concrete
| |
|
2" Type C asphaltic concrete
| |
|
|
4,000 pound 8" Portland cement concrete with 4" x 4" x ¼
wire mesh with 4" rock base
|
|
10" of 3" minus rock compacted
| |
|
2" of 1" minimum rock compacted
| |
|
3" of Type C asphaltic concrete
|
|
|
Collector Streets:
|
|---|---|
|
7" Type X asphaltic concrete
| |
|
2" Type C asphaltic concrete
| |
|
|
4,000 pound 7" Portland cement concrete with 4" rock base
|
|
8" of 3" minus rock compacted
| |
|
2" of 1" minus rock compacted
| |
|
3" of type C asphaltic concrete
|
|
|
Minor Street:
|
|---|---|
|
6" Type X asphaltic concrete
| |
|
2" Type C asphaltic concrete
| |
|
|
4,000 pound 7" Portland cement concrete with 4" rock base
|
|
8" of 3" minus rock compacted
| |
|
2" of 1" minus rock compacted
| |
|
3" of Type C asphaltic concrete
|
|
|
Alleys:
|
|---|---|
|
6" Type X asphaltic concrete
| |
|
2" Type C asphaltic concrete
| |
|
|
4,000 pound 6" Portland cement concrete with 4" rock base
|
|
6" of 3" minus rock compacted
| |
|
2" of 1" minus rock compacted
| |
|
2" of Type C asphaltic concrete
|
|
|
All Streets for Industrial Development:
|
|---|---|
|
Same as Collector Streets
| |
|
Same as Collector Streets
| |
|
Same as Collector Streets
|
4.
Subgrade preparation.
a.
When required by the Commissioner of Public Works, the developer
shall employ a soils engineering firm, at no cost to the City, to
determine soil conditions at the development site.
b.
The subgrade shall be compacted to a density of ninety-five percent
(95%) standard proctor test for the material used or determined by
a soil testing firm.
c.
Newly finished subgrade shall be repaired from any action of the
elements, any settlement or washing that occurs prior to placing of
aggregate base shall be repaired to the specified line and grade and
cross section.
d.
If compaction tests are needed, then compaction tests shall be the
responsibility of the developer. Tests shall be taken by an approved
engineer or testing firm, at no cost to the City, and at locations
approved by the Commissioner of Public Works but at distances no greater
than two hundred (200) feet apart.
e.
It shall be the responsibility of the developer to remove and replace
unsuitable material in order to meet the above compaction requirement.
5.
Aggregate base. Aggregate base material shall be
compacted to a density of ninety-five percent (95%) by standard compaction
test.
6.
Concrete.
a.
All concrete shall be air entrained with six (6) bag mix developing
4,000 P.S.I. in twenty-eight (28) days. Aggregate in cement for curb
and gutter and side width shall have a maximum size of one (1) inch.
Aggregate in cement for streets shall be a maximum size of one and
one-half (½) inch.
b.
No cement shall be placed if the ambient temperature is below thirty-two
degrees Fahrenheit (32°F) and unless approved by the Public Works
Department. Concrete placed during rain may be rejected by the City
if the finish is damaged as a result.
7.
Utilities. It shall be the developer's responsibility
to contact the Commissioner of Public Works for location of all City
utilities. The City must be given twenty-four (24) hours' notice by
the developers for utility location. Damage done to any City utility
as a result of developer's work within the public right-of-way shall
be repaired by the City at the developer's expense.
8.
Prior to the construction of street or alley pavements, all subsurface utility pipes and sewers shall be installed as required and trenches backfilled with backfill material thoroughly compacted in place in accordance with the requirements of Subsection (J) of this Section.
9.
All construction shall be completed in accordance with the approved
plans and specifications. When changes from approved plans and specifications
become necessary during construction, written approval from the Commissioner
of Public Works shall be secured before the execution of such changes.
10.
The City shall not accept any street for maintenance until completion
and final inspection, collection of all fees and approval by the Commissioner
of Public Works.
11.
All street improvement surfaces within a subdivision shall be constructed
of the same consistent paving material unless otherwise approved by
the Board of Aldermen except that new streets in subdivisions that
include existing street improvements that do not conform to the current
paving standards shall be constructed according to the current standards.
H.
Sidewalks.
1.
Sidewalks shall be built along both sides of all streets, except
when waived pursuant to paragraph (6) of this Subsection. When a parcel
is developed on a corner lot or double frontage lot, a sidewalk shall
be built on both streets. Where necessary for appropriate access or
connectivity, a multi-use trail design may be required by the City
in lieu of or in addition to the standard sidewalk design and location.
3.
The minimum width of sidewalks shall be four (4) feet with a tool
grove every five (5) feet and an expansion joint every fifteen (15)
feet. Sidewalks cross slope shall be one-fourth (¼) inch per
foot, falling to the street.
4.
Sidewalks shall be constructed with 4,000 P.S.I. cement. A two (2)
inch thick stone base consisting of one (1) inch clean crushed stone
shall be installed on firm or compacted soil. Sidewalk pavement shall
consist of Portland cement concrete consisting of six and one-quarter
(6¼) sacks of cement per cubic yard with a maximum slump of
four (4) inches. All concrete shall be air entrained with an air content
of four percent (4%) to six percent (6%). No calcium shall be added
to the mix.
5.
Sidewalks at all intersections shall be handicapped accessible.
6.
The installation of sidewalks in subdivisions developed exclusively
for industrial uses may be waived at the discretion of the Commission
and the Board of Aldermen.
7.
Where a sidewalk intersects a driveway, the sidewalk shall be separate
from and not included in the driveway.
I.
Curbs And Gutters.
1.
The minimum grade of any street gutter shall not be less than one
percent (1%).
2.
Curbs and gutters shall be thirty (30) inches wide with a six (6)
inch vertical curve and shall be constructed with four thousand (4,000)
pound cement. The gutters shall be six (6) inches in thickness and
every ten (10) feet there shall be an expansion joint. Construction
shall conform to the City of Pacific design specifications. In subdivisions
which contain lots to be developed exclusively for single-family residences,
a three (3) inch high roll curb may be substituted for vertical curbs.
3.
When installing driveway approaches where curbs and gutters already
exist, the entire curb and gutter must be removed and replaced. In
no case can the back of the curb be removed and the driveway joined
at the gutter flow line.
4.
Where existing curbs on adjacent properties are roll type, curbs
shall be transitioned to vertical type.
J.
Backfill Under Pavements. All excavations for sewers and for public utilities (except the gas utility) made under existing pavements or areas proposed to be paved shall be carefully backfilled with granular backfill material approved by the Public Works Commissioner and thoroughly compacted in such a manner as to inhibit any settlement of the finished pavement. Such excavations made in existing paved areas shall be made in accordance with the requirements and regulations of Sections 525.140 et seq., "Excavations", of the Municipal Code of the City of Pacific, Missouri, and other applicable requirements. The exception of the gas utility from the granular backfill provisions of this paragraph does not exempt that utility from thorough compaction of its backfill so as to avoid pavement settlements.
K.
Street Lighting.
1.
Provision shall be made by the developer for the installation of
street lights along all public streets within any subdivision. A street
light shall be provided at each intersection of streets, at each circular
turnaround and at intervals of not greater than three hundred fifty
(350) feet between such locations.
2.
Street lights shall be mounted on poles meeting City specifications
and shall be serviced by underground wiring only. The City may at
its discretion assume payment of electric for street lights on public
streets in conjunction with such dedication and assumption of maintenance
by the City.
L.
Street Name Signs.
1.
Street names shall comply with all provisions found in Section 525.480, as amended. No street shall have a name which will duplicate, or so nearly duplicate as to be confused with, the name of an existing street unless the proposed street is an extension of or in alignment with an existing street; in which case, the duplication shall be mandatory. All street names of new streets on a subdivision plat shall be approved by the City Clerk before the final plat is submitted for approval.
2.
Street name signs shall be erected at all street intersections and
at the beginning and endpoints of all portions of continuous streets
which change direction and name. Street name signs shall be placed
on at least one (1) comer of all intersections.
3.
The design, materials of construction and method of installation
of street name signs shall conform to the standards employed and articulated
by the City of Pacific Public Works Department from time to time for
such work.
M.
Blocks.
1.
Blocks shall not exceed nine hundred (900) feet in length.
2.
Blocks shall be of sufficient width to permit two (2) tiers of lots
of appropriate depth, except where an interior street parallels a
limited access highway or railroad right-of-way.
3.
Pedestrian walkways within blocks are prohibited.
N.
Water System.
1.
All water mains larger than two (2) inches shall be ductile iron
pipe Class 51 or C900DR14PVC. All lateral lines smaller than two (2)
inches shall be K copper. Two (2) inch lines shall be K copper or
Class 200 PVC.
2.
A system of water mains, valves and fire hydrants connected to the
water supply system of the City of Pacific shall be installed by the
developer. The system shall be designed to supply water service and
fire protection to all lots in the subdivision and to ensure proper
circulation to and within the system. Materials and construction methods
shall conform to those specified by the City of Pacific Water Department
from time to time. Water mains shall be sized and fire hydrants shall
be located as required by the local fire protection district and the
Commissioner of Public Works. Only fire hydrants and valves approved
by the Commissioner of Public Works shall be used. Fire hydrants shall
be spaced no more than five hundred (500) feet apart and water mains
shall be a minimum of six (6) inches in size. Plans shall be prepared
by a professional engineer registered to practice in the State of
Missouri and shall be approved by the City of Pacific Water Department
before approval may be recommended by the Commission.
3.
The water system installed by the developer as proposed in this Section
shall, upon approval and acceptance, become at once the property of
the City of Pacific; and the City shall have exclusive control and
use thereof, subject to the right of the owners and residents of property
in the area subdivided to be served thereby, under the rules and regulations
of the Water Department of the City of Pacific.
4.
No person or firm shall connect to the City water main without first
obtaining a permit from the Public Works Commissioner.
O.
Underground Utility Lines.
1.
All electric, cable television, telephone and similar data and utility
transmission lines primarily intended for the use of buildings and
structures located within the City of Pacific shall be installed underground
for new construction and for any rehabilitation where improvement
costs exceed one hundred thousand dollars ($100,000.00).
2.
All electric, cable television, telephone and similar data and utility
transmission lines shall be installed in conformance with the standards
and specifications of the particular utility company involved. They
shall be located within easements or public rights-of-way in a manner
which will not conflict with other utilities or services.
[Ord. No. 2327 §1, 3-18-2003]
When a developer can show that a provision of this Chapter would
cause unnecessary hardship if strictly adhered to and when, in the
opinion of the Commission because of conditions peculiar to the site,
a departure may be made without destroying the general intent and
spirit of this Chapter, the Commission may recommend a waiver or modification
to the Board of Aldermen. The developer shall apply in writing for
such waiver or modification. Any such waiver or modification thus
recommended shall be entered in the minutes of the Commission and
the reasoning on which the departure was justified shall be set forth.
Approval of the waiver or modification by the Board of Aldermen shall
be by ordinance, usually as part of the ordinance approving the final
plat of the subdivision.
[Ord. No. 2327 §1, 3-18-2003]
No plat of a subdivision in the City of Pacific shall be recorded
in the appropriate County's Recorder's office or have any validity
until it has been approved in the manner prescribed in this Chapter.
[Ord. No. 2327 §1, 3-18-2003]
Within sixty (60) days after approval of the subdivision, the
developer thereof shall submit to the City the sum of two hundred
fifty dollars ($250.00) or such additional amounts as required to
cover the actual costs of administration and recordation of the plat.
A mylar print and two (2) paper prints of the final plat of a subdivision,
submitted and approved in accordance with the provisions of this Chapter,
shall be recorded by the City in the office of the Recorder of Deeds
of the appropriate County. After the City records the plat, the mylar
print and paper prints of the plat bearing imprint of the Recorder's
stamp thereon shall be filed in the office of the Commissioner of
Public Works as part of the records of the City.
[Ord. No. 2327 §1, 3-18-2003]
Any person, firm or corporation violating any of the provisions of this Chapter 410 or any other person participating or taking any part in a violation of any of the provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) for each offense or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Each day a violation continues after service of written notice from the City administration to abate such violation shall constitute a separate offense.
[Ord. No. 2327 §1, 3-18-2003]
Except where specifically provided by Missouri law, a failure
of the City to follow the procedures set forth in this Chapter shall
not invalidate any otherwise proper action taken by the City.
