[Ord. No. 2470, 11-13-2018[1]]
A.
Scope Of Ordinance. This Chapter prescribes the procedures for the
subdivision of land within the corporate area of Richmond and any
other area of Ray County made subject thereto under the provisions
of Sections 64.510 through 64.690, RSMo., and comprises the requirements,
standards and specifications with respect to:
1.
The proper location and width of streets, building lines, open
spaces, recreational areas and public lands.
2.
The avoidance of conditions which would lead to the creation
of blighted areas.
3.
The avoidance of overcrowding of population and congestion of
vehicular traffic.
4.
The manner and extent to which streets are to be graded and
improved, and the extent to which water, sewer, storm, water and other
utility services are to be provided.
5.
The provision of adequate open space for traffic movement, utility
facilities, access of emergency apparatus, for the control of the
number, spacing, type and design of access points to existing or future
streets for minimum width and area of lots for light and air, and
for a proper distribution of population.
B.
Interpretation. This Chapter is intended to set minimum requirements
to provide for the coordinated, efficient and economic development
of the City, to insure the adequacy of street and utility facilities,
and to promote the public health, safety and welfare. If any other
provision of law relates to any matter covered herein, the regulation
providing the higher standard shall apply.
C.
Application Of Regulations. No lot in a subdivision, as defined herein,
may be conveyed unless a final plat of the property has been approved
according to the requirements and provisions of this Chapter. This
is supplemental to and not in derogation of the Revised Statutes of
Missouri. Any plat of a subdivision of land in the corporate areas
of the City which has not been recorded in the office of the Recorder
of Deeds and which has not been accepted and approved, as herein provided,
shall not be considered as a plat of any lawful subdivision. All plats
shall be recorded in the plat book of Ray County, Missouri, according
to requirements contained in Section 89.440, RSMo.
D.
Suitability Of Land For Subdivision Development. Land unsuitable
for subdivision development due to poor drainage, flooding, steep
slope, extensive rock formation, lack of sanitary facilities or any
other conditions and prima facie constituting a danger to health,
life or property shall not be approved for subdivision development
unless the subdivider presents evidence or data satisfactory to the
Commission establishing that the methods proposed to meet any such
condition are adequate to avoid any danger to health, life or property.
[Ord. No. 2470, 11-13-2018]
A.
Pre-Application. Prior to the preparation of the preliminary plat,
the subdivider shall consult with the staff of the Health Department
(State Division of Health, State Water Pollution Board), Public Works
Director, and Community Development Director and Fire Chief in order
to familiarize himself/herself with the standards established in these
regulations and the provisions of the Comprehensive Plan affecting
the land proposed to be subdivided. Preliminary plans for providing
water and sewage disposal shall be approved by the local public Health
Officer in compliance with and applicable to State health agency regulations
prior to filing a preliminary plat with the Commission. Upon the filing
of the preliminary plat data, the Community Development Director shall
transmit copies thereof for review and recommendation to the following:
B.
Preliminary Plats. A subdivider may submit a preliminary plat to
the Community Development Director or his/her representative.
1.
Submission Of A Preliminary Plat.
a.
Filing Fee. A filing fee as specified in the Schedule of Fees, Article V, Section 400.640 shall accompany the filing of each preliminary plat. The preliminary plat shall not be accepted for filing until the filing fee therefore has been paid by the subdivider.
b.
Number Of Copies. The subdivider shall submit one (1) large
copy and one (1) eleven (11) inch by seventeen (17) inch copy of the
preliminary plat at least thirty (30) days prior to a regular Planning
Commission meeting at which the preliminary plat is to be considered.
c.
Ownership List. The subdivider shall submit, with the preliminary
plat, a complete list of the names and mailing addresses of all owners
of record of all land within one hundred eighty-five (185) feet of
the proposed subdivision.
d.
Information. Preliminary plats shall contain:
(1)
Name. The proposed name of the subdivision. (The
name shall not duplicate or too closely resemble the name or names
of any existing subdivision.)
(2)
Location Map. A location map showing the boundary
lines of the subdivision with reference to section, township and range
lines.
(3)
Owner/Preparer. The names and addresses of the
developer, owner, and the person or firm who prepared the plat.
(4)
Scale/Date. Scale of the plat, one (1) inch equals
two hundred (200) feet or larger, date of preparation and north point.
(5)
Boundary/Description. Boundary lines of the property
accurately shown plus a metes and bounds description.
(6)
Existing Conditions.
(a)
Surrounding Streets/Public Right-Of-Way. Location,
width and name of platted streets or other public ways, railroads
and utility rights-of-way, parks and other public open spaces and
permanent buildings within two hundred (200) feet of the proposed
subdivision.
(b)
Utilities. All existing sewers, water mains, gas
mains, culverts, or other underground installations, within or adjacent
to the proposed subdivision, with pipe size and manholes, grades and
location.
(c)
Adjacent Properties. Names of subdivisions together
with arrangement of streets and lots, and owners of adjacent parcels
of unsubdivided land within one hundred eighty-five (185) feet.
(d)
Topography. Topography (unless specifically waived)
with contour intervals of not more than five (5) feet, referred to
City or U.S.G.S. datum; where the ground is too flat for contours,
spot elevations shall be provided.
(e)
Natural Features. Location of water courses, bridges,
wooded areas, lakes, ravines and such other features as may be pertinent
to the subdivision.
(7)
Lots. The proposed arrangement of lots and their
approximate size.
(8)
Streets. Location and width of proposed streets,
alleys, sidewalks, pedestrian ways and easements.
(9)
Utilities. The proposed method of sewage disposal,
water supply and drainage.
(10)
Public Areas. Location and dimensions of proposed
parks, playgrounds, churches, school sites or other special uses of
land to be considered for reservation or dedication for public use.
(11)
Proposed Improvements. The general location and
character of all proposed public utilities and improvements shall
be shown.
(12)
Additional Information. The Community Development
Director may request any reasonable additional information necessary
to review the proposed subdivision and forward it to the Planning
Commission. This information may include information generally available
or additional preliminary engineering drawings and data, but shall
not include request for detailed engineering drawings or calculations.
2.
Appeal To The City Council. If the Planning Commission rejects
a preliminary plat the applicant may submit said plat to the City
Council and all records and reports relative to the plat shall be
likewise sent to the Council by the City Administrator or his/her
authorized representative. The City Council may make such findings
and determinations as they deem reasonable and in the best interests
of the public.
3.
Platting Rights In Prevailing Standards. Approval of a preliminary
plat shall permit the filing of a final record plat or plats in accord
with its approved design, layout, lot sizes, building lines and general
geometry for a period of six (6) years from the date of approval,
pursuant to the standards in effect at the time of the preliminary
plat approval, subsequent changes to applicable design regulations
notwithstanding, provided that the Planning Commission has not rescinded
the preliminary plat pursuant to above. Prior to expiration of the
six-year period or an extension thereof, the subdivider or successor
may request and the Planning Commission may grant up to two (2) extensions
of not more than two (2) years each for the filing of a final plat
or plats under the original design standards.
C.
Supplemental Information Required With Preliminary Plat. The subdivider
shall file with the preliminary plat the following:
1.
Preliminary plans and profiles shall be submitted (at a scale
of no greater than twenty (20) feet to the inch) for: Each proposed
street (including grade, width and type of pavement), storm water
drainage, grading and other improvements being proposed. (Preliminary
improvement plans for water and sewage disposal systems shall be included
as approved.)
2.
Whenever part of a tract is proposed to be subdivided and additional
portions thereof to be subdivided in the future, a sketch plan of
the entire tract shall be submitted.
3.
Street lighting, a map showing the arrangement thereof.
4.
All maps shall show the date, scale and north point. Each individual
sheet shall be identified with its proper numerical sequence.
5.
Any proposed indenture of restrictions, providing for the establishment
of a Governing Body of the property owners.
D.
Review Of The Preliminary Plat. Sixty (60) days after submission
of all of the data hereinabove required, the Commission shall review
and make a report thereon. It shall approve (with or without conditions)
or disapprove the preliminary plat, including the plans and profiles
of all improvements. Approval of the preliminary plat shall lapse
unless a final plat of all or a portion of the land included in the
preliminary plat is submitted to the Commission within one (1) year
from the date of the approval of the preliminary plat. A maximum of
two (2) years extension of time may be granted by the Commission upon
application to the Commission by the subdivider and prior to the expiration
of the initial approval.
E.
Approved Preliminary Plat. Approval of the preliminary plat is an
authorization to the subdivider to proceed with the development of
a final plat for approval.
[Ord. No. 2470, 11-13-2018]
A.
No preliminary subdivision plat shall be approved unless it conforms
to the following minimum standards of design:
1.
Streets.
a.
Relation To Adjoining Streets. The arrangement of rights-of-way in a subdivision shall provide for the continuation of the existing streets or rights-of-way in adjoining areas, unless the Commission deems such continuation undesirable for reasons of topography or design. Where subdivision streets or rights-of-way are continuations or extensions of existing streets or rights-of-way, the width thereof, where practical, shall be at the same or greater width or width sufficient to adequately serve the subdivision of the existing street or right-of-way, except that in no case shall the street or right-of-way in the subdivision be of less width than hereinafter provided in Subsection (A)(1)(c).
b.
Projection Of Streets. Where, in the opinion of the Commission,
it is desirable to provide future street access to adjoining areas,
the streets and rights-of-way in the subdivision shall be extended
by the provision of a right-of-way for street purposes from the end
of the pavement to the property line of the subdivision. If deemed
necessary by the Commission, any such dead-end street shall be provided
with a temporary turnaround or "Y" intersection. The street arrangements
shall not be such as to cause hardship to owners of adjoining property
in platting their own land and providing convenient access to it.
However, except to avoid land locking property, nothing herein shall
be construed to require that private streets in one (1) subdivision
shall provide access to adjacent lands.
c.
Classification Of Streets And Widths Of Rights-Of-Way.
(1)
All streets shall be classified as either highway,
thoroughfare, collector, minor, parkway or marginal access (service)
in accordance with their use and function, the standards of public
safety, and topographic conditions. The classification of each street
designated on a plat shall be reviewed by the Commission and revised
as necessary to conform to the standards of these regulations.
(2)
Streets shall have the following rights-of-way:
|
Street Type and Purpose
|
Right-of-Way Minimum Width
|
|---|---|
|
Major, primary street
|
100 feet
|
|
Major, secondary street
|
80 feet
|
|
Collector streets
|
60 feet
|
|
Minor streets
|
50 feet
|
|
Parkways
|
Variable — 120 feet upwards
|
|
Marginal access streets (service roads)
|
50 feet
|
|
Alleys
|
20 feet
|
|
Pedestrian Way (sidewalks)
|
10 feet
|
(3)
Subdivision adjacent to existing deficient streets
or roads shall provide additional right-of-way to meet the minimum
width requirements set forth.
(4)
A subdivision located on only one (1) side of an
existing street or County road shall provide one-half (1/2) of the
required right-of-way width, measured from the centerline of the existing
roadway.
d.
Intersections.
e.
Curves And Grade Changes In Streets — Horizontal.
(1)
A tangent of at least one hundred (100) feet long
shall be introduced between reversed curves on major and collector
streets.
(2)
Where there is a deflection angle of more than
ten degrees (10°) in the alignment of a street, not including
intersection with any street, a curve with a radius adequate to insure
safe sight distance shall be made. The minimum radii of curves shall
be:
|
Street Types
|
Minimum Curve Radius
|
|---|---|
|
Major and parks
|
350 feet
|
|
Collector
|
250 feet
|
|
Minor
|
100 feet
|
f.
Street Grades And Elevations.
(1)
No street grade shall be in excess of:
|
Major and parkways, seven percent (7%);
|
|
Collector, ten percent (10%);
|
|
Minor, twelve percent (12%);
Except as otherwise approved by the Commission because of adverse
topographic conditions.
|
(2)
All curbing (or street ditching where permitted)
shall be designed to provide for surface water drainage from the surrounding
area, buildings and pavement. The minimum grade shall be not less
than one-half of one percent (0.5%).
(3)
The Commission shall not approve streets which
will be subject to frequent or repeated inundation or flooding.
g.
Marginal Access Streets (Service Roads). Where the subdivision
abuts on or contains an existing or proposed major street, the Commission
may require marginal access streets to be provided to avoid lot frontage
on major streets.
h.
Street Jogs. Street jogs with centerline offsets of less than
one hundred (100) feet are prohibited.
i.
Cul-De-Sacs. Cul-de-sacs shall be no longer than six hundred
(600) feet (unless topography indicates a need for a greater length)
and shall terminate in a circular open space having a radius at the
outside of the pavement of at least fifty (50) feet and a diameter
at the outside of the right-of-way of at least one hundred ten (110)
feet.
j.
Street Names.
(1)
Proposed streets which are continuations of, or
in alignment with, existing named streets shall bear the names of
such existing streets, unless otherwise approved by the Commission.
(2)
The name of a proposed street which is not in alignment
with an existing street shall not duplicate the name of any existing
or platted street.
(3)
All names of streets proposed by the subdivider
shall be approved or disapproved by the Commission in accordance with
this Chapter.
k.
Alleys. Alleys may be provided to give access to the rear of
all lots used for commercial and industrial purposes. Alleys shall
not be provided in residential subdivisions.
2.
Streets in relation to railroads, expressways, freeways and
parkways. When the area to be subdivided adjoins or contains, for
a considerable distance, a railroad right-of-way, an expressway or
freeway, a street shall be provided approximately parallel to the
side of such right-of-way. In determining the distance of such parallel
street from the right-of-way, consideration shall be given to the
distance required for approach grades to future grade separations.
3.
Blocks.
a.
Length. Blocks lengths may not exceed one thousand four hundred
(1,400) feet nor less than four hundred (400) feet unless topographic
conditions justify a departure from this maximum.
b.
Width. Blocks shall be wide enough to allow two (2) tiers of
lots of minimum lot depth. The Commission may approve double frontage
lots which would otherwise front on a major street or where topographic
or other tract conditions prevent single frontage design. Where double
frontage lots are permitted, a twenty-foot landscaped buffer shall
be provided and access from the rear street prohibited.
c.
Pedestrian Way. Pedestrian ways may be required across blocks
which exceed nine hundred (900) feet in length, to connect dead-end
streets, or to provide access to parks, schools, shopping areas or
similar facilities. If a pedestrian way is required, a ten-foot right-of-way
shall be set aside with a four-foot pavement, and at a grade no steeper
than fifteen percent (15%) or as required by current A.D.A. regulations,
unless steps of adequate design are provided.
4.
Lots.
a.
Frontage — Minimum Width. Shall be as set out in the zoning
ordinance. (Said width shall be measured at the building setback,
and must be adjacent to a dedicated public street.)
b.
Minimum Lot Depth. As set out by Zoning. (Said measurement shall
be made through the center of the lot and shall be perpendicular to
the property line or radial to the property line on curved streets.)
c.
Front Building On Setback Lines. Shall be shown on the final
plat for all lots in the subdivision and shall not be less than the
setbacks required by the zoning regulations or any other regulations
adopted by the governing body.
d.
Lot Access. Every lot shall abut on a street other than an alley.
e.
Arrangement. Each lot shall be free from flooding. No lot shall
be impractical of improvement due to steepness of terrain, dangerous
soil conditions or other adverse natural physical conditions. Side
lot lines shall be at right angles to street lines and radial to curved
street lines, unless deemed impracticable.
f.
Dimensions.
(1)
The size, shape and orientation of lots shall be
designed to provide desirable building sites, properly related to
topography, natural features, streets and land uses.
(2)
Residential lots not served by a sewage disposal
system shall have a lot area of not less than that required by the
Ray County Health Department and shall comply with all State of Missouri
regulations with regard to private sewage disposal systems.
(3)
Residential lots served by a sewage disposal system
shall have a lot area of not less than eight thousand (8,000) square
feet and a minimum depth of one hundred ten (110) feet.
(4)
Remnants of land, containing less area than herein
required and not designated and accepted for utility or public purposes,
shall not be permitted.
(5)
Where property is proposed for development for
commercial uses, the subdivider should design a layout providing for
an overall or unified development and, wherever possible, avoid the
platting of individual lots for each business establishment.
(6)
When property is to be developed for industrial
uses, consideration will be given to a flexible lot, street and utility
arrangement in order to allow for the needs of particular industries.
5.
Utility And Drainage Easements.
a.
Except where alleys are permitted, there shall be utility easements
at least twelve (12) feet in width along rear lot lines. Where deemed
appropriate, utility easements shall be provided along the side lot
line or across lots.
b.
Drainage Easements. If a subdivision is traversed by a watercourse,
drainage way or channel, then a storm water easement or drainage right-of-way
shall be provided. Such easement or right-of-way shall conform substantially
to the lines of such watercourse and shall be of such width or construction,
or both, as may be necessary to provide adequate storm water drainage
and for access for maintenance thereof. The minimum width for drainage
easements shall be not less than fifteen (15) feet for closed conduits
and twenty (20) feet for open channels and shall in any case provide
for conveyance of a fifty-year storm flow with additional width of
not less than ten (10) feet for construction and maintenance. No other
utilities shall be placed within six (6) feet of either side of the
centerline of the pipe in a drainage easement that contains an enclosed
conduit. No additional amount of overburden may be placed on a drainage
easement which would increase the depth of the storm pipe from the
originally approved design elevations unless approved by the Public
Works Director. All building setbacks must be at least ten (10) feet
minimum from any storm easement.
c.
Sanitary Sewer Easements. A minimum of twenty-foot wide permanent
easement is required for all sanitary sewer lines. Lines deeper than
sixteen (16) feet require wider permanent easements as follows: Seventeen-foot
through twenty-two foot depths requires twenty-five-foot width; twenty-three
foot through twenty-eight-foot depth requires thirty-foot width; twenty-nine-foot
through thirty-two-foot depths requires forty-foot width. All building
setbacks must be at least ten-foot minimum from any easement containing
a sanitary sewer. No other utilities shall be placed within six (6)
feet of either side of the centerline of the pipe on a sanitary sewer
easement. No additional amount of overburden may be placed on a sanitary
sewer easement which would increase the depth of the sewer pipe from
the originally approved design elevations unless approved by the Public
Works Director.
6.
Community Assets. Due regard shall be given to natural features
such as large trees, unusual rock formations and watercourses; for
sites which have historical significance; and for similar assets,
the preservation of which would add attractiveness and value to the
subdivision.
7.
Public Open Spaces And Areas. Sites which are mutually accepted
by the subdivider and the appropriate public agencies for school,
park, recreation or other public improvements or uses shown on the
Comprehensive Plan shall be reserved and designated for such uses
on the plat of any subdivision in which such a parcel is located.
8.
Non-Conforming Structures. The subdivision or re-subdivision
of a tract, or lot shall not be permitted where said subdivision or
re-subdivision places an existing permanent structure in violation
of the requirements of the zoning regulations or the minimum design
standards of these regulations.
[Ord. No. 2470, 11-13-2018]
A.
Authorization For Approval Of Minor Subdivision. If a proposed plat of subdivision or resubdivision complies with the requirements of Subsection (B) of this Section, then the Community Development Director may approve the minor subdivision. The Community Development Director shall be responsible for determining whether a proposed plat meets the requirements of Subsection (B) of this Section.
B.
Requirements For Approval Of Minor Subdivisions. In order to qualify for approval in the manner provided in Section 410.045(C), a proposed plat of subdivision shall comply with the following requirements:
1.
The proposed plat of subdivision shall include not more than
five (5) acres;
2.
The proposed plat of subdivision shall create not more than
four (4) lots, tracts or parcels of land;
3.
No public street or easement of access is sought to be dedicated,
or is contemplated or projected, through (as opposed to adjacent to)
the lot, tract or parcel proposed to be subdivided or re-subdivided;
and
C.
Procedure For Approval Of Minor Subdivisions.
1.
Minor subdivisions submitted for approval shall be filed with the Community Development Director. The Community Development Director may require to be submitted the topographic information required under Section 410.070 whenever the property to be subdivided or re-subdivided is traversed by or is adjacent to a known watercourse, including intermittent streams.
2.
The approval of a minor subdivision shall be subject to the
provisions of these subdivision regulations, except insofar as the
Sections requiring prior approval of or compliance with an approved
preliminary plat.
[Ord. No. 2470, 11-13-2018]
A.
Procedure. The subdivider shall file the final plat and supplements
thereto on paper approved by the Ray County Recorder of Deeds, together
with sufficient copies, including a reproducible thereof. The sheet
size shall be of sufficient size to clearly delineate the features.
The plat and supplementary material shall be submitted to the Community
Development Director by the subdivider at least ten (10) working days
prior to the date of the Planning Commission meeting, at which said
subdivision is to be reviewed. The filing fee shall accompany each
plat when submitted to the Commission for approval.
B.
Information Required On Final Plat. The final plat shall be at a
scale no less than two hundred (200) feet to the inch and shall contain
the following information:
1.
The name of the subdivision and the location of the property
as to the block, section or U.S. Survey as the case may be.
2.
The boundaries of the tract.
3.
The lines of all street rights-of-way, easements and other rights-of-way,
all lot lines and building lines with figures showing specific dimensions
in decimals of a foot.
4.
Specific bearings or deflection angles, radii, area and central
angles of all curves.
5.
The lines of all pertinent adjoining lands and streets and their
names.
6.
Location and description of monuments, referenced to United
States Geological Survey Datum Plane.
7.
The designation of all areas to be used for other than residential
lots and their proposed use.
8.
If the property is within or adjacent to areas subject to periodic
inundation, note overflow areas subject to periodic flooding.
9.
Certification and seal of surveyor as to accuracy of survey
and plat.
10.
Acknowledgement of the owner and mortgagee regarding plat and
all dedications, restrictions and conditions affecting property platted.
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All documents, maps, surveys and plans shall contain the date,
title, name and location of the subdivision, the names and addresses
of the subdivider, owner, landscape architect, surveyor and engineer,
the graphic scale and reference north based on an established control.
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All dimensions, angles, bearings and similar data shall be tied
to primary control points designated by a registered surveyor. Locations
and descriptions of said control points shall be given. Except where
otherwise approved by the Commission, the control points shall be
established section corners and quarter section corners or other recorded
or established survey controls. All contours, grades and elevations
shall, where possible, use the United States Geological Survey Datum
Plane and shall be designated on the plat. When not deemed practical,
other bench points may be utilized on the approval of the Planning
Commission.
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C.
Supplemental Information Required With Final Plat. The subdivider
shall file with the final plat the following:
1.
Copies of the approved plans and profiles of all subdivision
improvements, such as streets, sewers, storm drains and structures,
including grading plans, if required.
2.
In lieu of actual construction of any required improvement and
only with the consent of the City Council, a subdivider may provide
a surety in the form of a corporate surety bond by a firm authorized
to do business in Missouri with good and sufficient sureties thereon
or a cashier's check made payable to the City, an escrow account
or an irrevocable letter of credit in favor of the City in the amount
of one hundred ten percent (110%) of the total engineering estimated
cost of said improvement as approved by the City Council. The surety
shall remain in effect until the date of acceptance of such improvement
by the City.
The approved surety shall be filed with the City Clerk. After
the completion of such required improvements in an acceptable manner
and within the time specified in the agreement between the subdivider
and the City, the City shall release the performance surety provided
a maintenance bond has been furnished as required by the subdivision
regulations. If said required improvements are not completed in an
acceptable manner or within the time period specified in the agreement
between the subdivider and the City, the City Council is empowered
by these subdivision regulations to enforce such security bond by
all legal and equitable remedies.
The proceeds recovered on any surety required herein shall be
used to complete the construction bonded herein by these subdivision
regulations or shall be used to the extent that such completion may
be accomplished conditioned by the amount of money recovered; provided,
however, that all streets shall have a priority over all other bonded
phases of construction and the recovered funds shall be applied first
to completion of such streets.
Release of surety shall be by the Richmond City Council after
written report from the Director of Public Works stating that all
the improvements are in satisfactory condition.
3.
A copy of any indenture of restrictions as approved by the Commission.
D.
Review Of Final Plat.
1.
The Community Development Director shall check the plat to determine
the accuracy of computations and other items designated thereon. At
its first regular meeting (not less than ten (10) days nor more than
sixty (60) days following submission) following submission of the
final plat and supplemental data, the Commission shall approve or
disapprove same, which action shall be noted on the plat and signed
by the Chairman for the Commission. If the plat is disapproved, the
grounds therefor shall be stated in the Commission minutes and furnished
to the subdivider.
2.
Approval of the plat by the Commission shall not constitute
acceptance of any portion thereof designated for public use. Copies
of any final plat containing any area proposed to be dedicated to
the public use shall be forwarded by the Commission to the City Council
for its consideration and action. When the final plat has been approved
by the Commission, a copy thereof shall be forwarded to such agencies
as may be appropriate. A permanent record copy of the plat and any
indenture of restrictions shall be filed with the Recorder of Deeds
of Ray County by the Commission.
Recordation shall not take place until after appropriate fees
are paid by the subdivider. No building permits shall be issued until
such recordation.
3.
Approval of the plat and improvements noted shall be accepted
for a period of five (5) years. If construction is not commenced within
five (5) years of acceptance by the City of Richmond, additional regulations
may be imposed to meet current standards of development which may:
[Ord. No. 2470, 11-13-2018]
A.
The submission of a proposed plat, along with fees to cover recording
cost, shall constitute authorization to the City Clerk to file said
plat for record in the office of Recorder of Deeds of Ray County,
Missouri after approval of said plat by the City Council.
Filing Fee. A filing fee as specified in the Schedule of Fees, Article V, Section 400.640 shall accompany the filing of each final plat.
B.
The City of Richmond shall not accept, approve or ratify the dedication
of any street or public roadway until said street shall have been
brought up to grade and hard surfaced in accordance with the street
construction specifications of the City of Richmond.
C.
The dedication of any street or roadway shall not be approved, accepted
or ratified until:
1.
The City of Richmond Public Works Director shall have reported
in writing to the Richmond City Council that said street or roadway
meets the City's construction specifications.
2.
The Richmond City Council shall have approved said report by
a majority vote of all members elected to the City Council.
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The Mayor and City Clerk, after compliance with all provisions
of this Section, are hereby authorized and directed to endorse acceptance
of said streets for use by the general public on the conveyance and
to certify the acceptance of said street under the Seal of the City
of Richmond, Missouri on any and all documents as necessary.
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[Ord. No. 2470, 11-13-2018]
A.
General Standards. The Commission may grant a variation from these
regulations when its strict application would result in extreme practical
difficulty and undue hardships by reason of the unusual shape of a
specific parcel or property or exceptional topographic conditions.
In granting any variance or modification, the Commission may prescribe
such conditions as will secure the objectives of these regulations.
No variance shall be granted unless the Commission finds that no detriment
will be caused to the public welfare and no injury will be caused
to other property in the area in which the property for which the
variance is requested is situated, and that the variance will not
substantially impair the intent and purpose of these regulations.
B.
Planned Group Developments. The Commission may approve a comprehensive
planned group development, including residential neighborhood units,
clusters and condominium types, if it finds that the variations from
these regulations will not adversely affect the health, welfare, safety
and convenience of the individuals occupying said development. Such
development plan must meet the requirements of the zoning regulations.
[Ord. No. 2470, 11-13-2018]
A.
Notwithstanding any of the provisions of these regulations, the following
requirements shall constitute the minimum standards of design and
improvements in proposed subdivisions of areas containing hilly or
steep slope conditions. Any engineering variation from those herein
provided must be fully substantiated by satisfactory engineering justification
to the Planning Commission before deviations by the Commission will
be approved. The subdivider shall follow all requirements contained
herein for filing preliminary and final plats.
1.
Lot Size And Arrangement.
a.
Any portion of a proposed subdivision containing hillsides or
steep slopes shall be platted in accordance with the engineering data
required in this Section.
b.
The Commission may permit a deviation in the front yard setback
areas in order to permit garages and driveways to be placed at street
level. Where excess lot slopes are to be used as building sites, the
subdivider shall show on the plat the location of all buildings or
structures proposed. No structure or building shall be permitted to
project into a street right-of-way.
2.
Streets.
a.
Lesser widths of rights-of-way, pavements and accessory elements as required in Section 410.040 may be approved by the Commission upon its determination that the cross slope will not permit compliance with provisions therein.
b.
In subdivisions or portions thereof having lots of a minimum
area of one (1) acre, the following standards should apply:
(1)
Street grades for minor residential streets may
be increased to twenty-five percent (25%), provided that straight
curbs are installed.
(2)
Rights-of-way widths may be reduced to thirty (30)
feet, with a minimum pavement width of eighteen (18) feet, if straight
curbs are installed on at least one (1) side of the street.
(3)
Integral curbs may be permitted.
(4)
Pavements and curbs shall be constructed in accordance
with the requirements in force.
c.
Design standards and improvement requirements for horizontal and vertical street curves may be reduced to a seventy-five-foot radius for minor streets. Standards for street grades shall be the same as Section 410.040(A)(1)(f), except that some grades on minor streets may be permitted up to twenty percent (20%) for short straight distances. All streets which have grades of fifteen percent (15%) or more shall have straight curbs installed.
3.
Grading Plan. Contour lines of five (5) foot intervals shall
be shown on the plat where the average slopes exceed six percent (6%).
Where slopes in excess of fifteen percent (15%) occur, the preliminary
plat shall indicate the general location and magnitude of all cuts
and fills. A grading plan shall be submitted with the preliminary
plat showing how the proposed grading will affect the drainage of
the surrounding area and the nature of the improvements which are
proposed, if the average slope of the hillside subdivision is in excess
of twenty-five percent (25%).
4.
Cuts And Fill Areas.
a.
Cuts, excavation, grading and filling, which materially change
the site and its relationship to the surrounding property, shall not
be permitted if such excavation, grading or filling results in slopes
exceeding A.P.W.A. standards for abutting lots or between adjoining
tracts of land, except where adequate engineering facilities are constructed
to prevent slides and erosion.
b.
Where a cut or fill area is outside the normal right-of-way
of the street, an easement shall be provided of sufficient width and
area to permit the required side slopes, drainage channels, warping
and rounding or cross section to be constructed and maintained.
c.
Structures or buildings when located near cuts or fills shall
have a setback line of not less than ten (10) feet from the crest
of fills up to twenty-five (25) feet in height and the distance will
be increased proportionally for higher fills. On cuts, a building
or structure shall have a setback line of not less than twenty (20)
feet distant from the base of the slope.
d.
In any fill area, satisfactory compaction of fill is mandatory.
Compaction of a lesser density, as determined by the Commission, may
be permitted in those areas where no building or structure is to be
placed.
5.
Storm Water Drainage System. The improvement plans for an adequate
storm water drainage system including all necessary open ditches,
pipes, culverts, intersectional drains, drop inlets, bridges, and
other necessary structures and improvements which are required for
the proper drainage of all surface waters shall be provided. This
system must prevent the infiltration of water in areas of fills or
cuts thereby causing the land to slip or collapse. Adequate provision
and maintenance must be made for on-lot drainage channels and control
of erosion on slope areas for either cuts or fills.
6.
Water Supply System. Where applicable, the improvement plans
for the water supply system installation shall be approved by local
officials and the Governing Body prior to the submission of the final
plat.
7.
Sewage Disposal System. The improvement plans for the sewage
disposal system installation shall be approved by local officials
and the Governing Body prior to the submission of the final plat.
9.
Utility Connections. Connection between storm water drainage
systems and sewage disposal system shall not be permitted.
10.
Fire Hydrants. Fire hydrants shall be installed by the subdivider
as part of the water distribution system. Installation of hydrants
may be accomplished in such manner that each lot is within five hundred
(500) feet of a fire hydrant when measured along the edge of the right-of-way.
[Ord. No. 2470, 11-13-2018]
A.
The following improvements shall be required of the subdivider subject
to adopted Council policies:
1.
Streets. The subdivider shall install not less than twenty-eight-foot
wide pavement and curb on all streets. Cul-de-sacs shall be authorized
to install not less than twenty-four-foot wide pavement and curb on
all cul-de-sacs. No grading or other construction shall take place
within a street right-of-way until the construction plans have been
approved by the Public Works Director. Street paving shall be located
in the center of the right-of-way and shall conform to the specifications
of the City and compliance therewith shall be confirmed by the Public
Works Director prior to release of surety by the City Council.
2.
Walks. Sidewalks shall be installed by the subdivider on at
least one (1) side of all residential streets upon which houses face
and sidewalks shall be required on both sides of the streets in commercial
and industrial districts and along all highways, thoroughfares or
collectors. All sidewalks shall be not less than four (4) feet in
width, of cement concrete and shall comply with the specifications
of the APWA. Sidewalks shall be located in the platted street right-of-way.
Walks shall also be installed in any pedestrian easements as may be
required by the Commission. All required walks shall be installed
concurrent with the street improvements.
3.
Sanitary Sewers And Other Utilities. The subdivider shall be
responsible for the proper installation of all utilities including
sanitary sewers, and connection to approved treatment facilities,
and water supply (approved by the Missouri Board of Health), natural
gas, electricity and telephone service. Such utilities shall be installed
according to the specifications and minimum standards of the controlling
utility company or public agency. However, distribution lines, power,
telephone, and others shall be installed underground and all gas meters
must be located within three (3) feet of the building foundation if
located within front yards in all subdivisions and which the final
plat is approved by the City Council after the passage of these regulations.
4.
Storm Drainage. The subdivider shall install culverts, storm
sewers, rip-rap slopes, stabilized ditches and other improvements
to adequately handle storm water. Detention basins may be required
where necessary to protect downstream property. All improvements shall
comply with the minimum standards of the City and shall be approved
by the Public Works Director prior to construction.
5.
Street Lights Shall Be Provided In All Subdivisions. All street
lights shall have underground wiring and meet minimum specifications
of the electric utility company serving the area of the proposed subdivision.
Street lights shall be placed at all intersections and in all cul-de-sacs.
All poles must be metal construction with breakaway bases. A maximum
of three hundred (300) feet separation shall be required. Street lights
shall be installed prior to occupancy of structures within the subdivision.
6.
Street Signs. The subdivider shall install street signs at all
intersections within the subdivision. Such street signs shall follow
the street names designated on the approved final plat and shall comply
with the specifications of the American Public Works Association (APWA).
7.
Permanent Monuments. Permanent monuments shall be placed at
all block corners, angle points, points of curve in streets and at
intermediate points as required prior to the final acceptance of the
plat by the City. Said permanent monuments shall be three-fourth (3/4)
inch iron bars, three (3) feet long and shall be set with top of monument
flush with existing ground line.
8.
Exceptions For Existing Improvements. Where the proposed subdivision
is a re-subdivision or concerns an area presently having any or all
required improvements as previously set out, and where such improvements
must meet the requirements of these regulations and are in good condition
as determined by the engineer having jurisdiction, no further provision
need be made by the subdivider to duplicate such improvements. However,
where such existing improvements do not meet said requirements, the
subdivider shall provide for the repair, correction, or replacement
of such improvements so that all final improvements will then meet
said requirements.
B.
All Streets, Walks, Sanitary Sewer, Water, Storm Sewer, and Street
Signs shall be installed to the specifications in accordance with
the standards of the current addition of the Kansas City Metropolitan
Chapter of the American Public Works Association (APWA) standard specifications
and design criteria as provided on file in the Office of the City
Clerk, Public Works Department and Community Development Department.
C.
Testing. All Water, Sewer main extensions, Streets, Sidewalks, and
Storm Sewers shall be inspected and tested per the APWA testing requirements.
All inspections shall be performed by the Director of Public Works
or his/her representative.
[Ord. No. 2470, 11-13-2018]
A.
The proper installation of street pavement, curbs or curb and gutter,
walks, storm drainage facilities, and street signs shall be guaranteed
by the furnishing by the subdivider or his/her agent of surety in
the form of bond. Such surety shall be to the favor of the City and
shall be satisfactory at the time construction plans are submitted
for approval. The amount of surety shall be for the full cost of improvements
and shall remain in effect for one (1) year from the date of acceptance
by the Council.
B.
Such surety shall be properly executed prior to any grading or construction
and shall be released in segments upon written approval of the Public
Works Director and by action of the Council. Except in the case of
highways or thoroughfares, a building permit shall not be issued for
a lot or tract in a residential subdivision which abuts a street for
which surety has not been furnished.
C.
No building permit for any subdivision or any construction which
requires improvements in the nature of street pavement, curbs, curb
and gutter, walks, storm drainage facilities, water lines, sewer lines,
street signs or any other such improvements shall be issued by the
Community Development Director or any other person until said bond
has been approved and accepted. It shall be the obligation of the
Public Works Director to review the proposed construction plans and
to make a determination and estimate of the costs of the anticipated
public improvements. The Public Works Director shall certify in writing
to the City Attorney and City Clerk the amount of the anticipated
public construction expenses.
D.
A corporate surety bond shall be submitted by the subdivider and
a surety to the City Clerk in the amount so certified by the Public
Works Director. The subdivider may submit other property as collateral
but such collateral must be accompanied by an appraisal by an independent
and recognized appraiser before such collateral and property surety
can be accepted or considered. The City Attorney shall review the
corporate surety bond or property bond to determine its sufficiency.
All parties signing a bond either in a principal or surety capacity
shall also be joined in the signing of said bond with their spouse.
This requirement concerning the signing of spouses does not include
corporate surety bonds.
E.
The City Attorney shall certify to the City Clerk that the proposed
bond is acceptable or not acceptable. If said bond is not acceptable
pursuant to the terms of this Chapter, the City Attorney shall state
his/her reasons in writing.
F.
Only when the bond has been accepted as being satisfactory by the
City Attorney may the Community Development Director issue any building
permits. Any building or construction permits issued without posting
and accepting of the appropriate bond may be voidable at the option
of the City Council.
G.
In the event the Public Works Director is the agent for the subdivider
or developer, another engineer experienced in construction costs shall
be designated by the Mayor and City Council to review the proposed
construction and determine the sufficiency of the bond.
H.
In the event there are multiple portions of the subdivision and construction
is anticipated in phases, the subdivider or his/her agency may seek
relief from the amount of the bond from the City Council and the City
Council may authorize a bond to be submitted only on portions of the
subdivision that construction is immediately anticipated. This decision
of the City Council may be amended at any subsequent time and the
full bond may be required for issuance of any subsequent building
permits.
[Ord. No. 2470, 11-13-2018]
If any Section, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
[Ord. No. 2470, 11-13-2018]
Any person violating the provisions of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with Section 100.100 of the Richmond Municipal Code Penalties.
