Cross References — As to buildings generally, ch. 500; as to mosquito control, ch. 240; as to housing, ch. 515; as to land development standards for manufactured homes, §§405.120 et seq.; as to parks and recreation, ch. 235; as to planning and zoning, ch. 400; as to plumbing, ch. 525; as to streets and sidewalks, ch. 510; as to swimming pools, §§500.180 — 500.210; as to utilities, Title VII.
[R.O. 2007 App. B §1-1; Ord. No. 4084 §1, 6-3-1974]
The following words or phrases, when used in this Chapter, shall
have the meanings ascribed to them in this Section, except where the
context clearly indicates a different meaning:
A minor way, dedicated to public use, when it is used primarily
for vehicular service access to the back or side of properties otherwise
abutting on a street.
A piece or parcel of land surrounded by public highways,
streets, streams, railroad rights-of-way or parks, etc., or a combination
thereof.
The City Planning and Zoning Commission of the City of Poplar
Bluff, Missouri.
The City Council of the City of Poplar Bluff, Missouri.
A street having one (1) end open to traffic and being permanently
terminated by a vehicle turnaround.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
Street pavements with curbs, sanitary and storm sewers, permanent
street monuments, water mains and other appropriate items.
A portion of a subdivision or other parcel of land intended
as a unit for transfer of ownership or for development.
A complete and exact subdivision plat, prepared for official
recording as required by Statute, to define property rights and proposed
streets and other improvements.
A preliminary plat for a major subdivision shall be a plan,
not necessarily to scale, indicating salient existing features of
a tract and its surroundings and the general layout of the proposed
subdivision.
A preliminary plat for a minor subdivision shall meet the requirements of Section 410.050.
The land opened, reserved or dedicated for a street, walk,
drainage or other public purpose.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel which may
also be used to provide space for sewers, public utilities, trees
and sidewalks.
A street or road of considerable continuity which serves
or is intended to serve as the principal trafficway between separated
areas or districts and which is the main means of access to the primary
street system or expressways.
Streets which, in addition to serving abutting properties,
intercept minor streets, connect with community facilities and carry
neighborhood traffic to the major arterial street system.
Streets used primarily to provide access to abutting properties.
A minor street which is generally parallel to and adjacent
to major highways or railroad rights-of-way and which provides access
to abutting properties and protection from through traffic.
The registered owner or the authorized agent of the owner
of a subdivision.
A division of a lot, tract or parcel of land into two (2)
or more lots for the purpose of transfer of ownership or development,
whether immediate or future, including all changes in street or lot
lines; provided however, that where no new streets or easement of
access is involved, the following shall not be included within this
definition:
The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the original
lot areas are not decreased.
The divisions of land into parcels of five (5) acres or more.
The subdivision or resubdivision of land where public sewers
are available and the resultant lots comply with the requirements
of the zoning ordinance.
Any subdivision not classified as a minor subdivision.
Any subdivision fronting on an existing street and not involving
any new street or road.
[R.O. 2007 App. B §1-2; Ord. No. 4084 §1, 6-3-1974]
A.
Any
plat, hereafter made, for each subdivision or each part thereof lying
within the City limits of Poplar Bluff, Missouri, shall be prepared,
presented for approval and recorded as herein prescribed. The regulations
contained herein shall apply to the subdivision of a lot, tract or
parcel of land into two (2) or more lots, tracts or parcels for the
purpose of sale or of building development whether immediate or future,
including the resubdivision or replatting of land or lots; provided
however, that where no new streets or easement of access is involved,
the following divisions of land shall be exempt from these regulations
1.
The combination or recombination of portions of previously platted
lots where the total number of lots is not increased and the original
lot areas are not decreased.
2.
The divisions of land into parcels of five (5) acres or more.
3.
The subdivision or resubdivision of land where public sewers are
available and the resultant lots comply with the requirements of the
zoning ordinance.
[R.O. 2007 App. B §1-3; Ord. No. 4084 §1, 6-3-1974]
A.
Each
subdivider of a minor subdivision shall transmit three (3) prints
of a preliminary plat to the City Planner. The City Planner shall
transmit one (1) copy of the plat to the Planning and Zoning Commission
for their review.
B.
Each subdivider of a major subdivision shall transmit three (3) prints of a preliminary plat to the City Planner as further described in Section 410.050. The City Planner shall transmit one (1) copy of the plat to the Planning and Zoning Commission for its review.
C.
Such
preliminary plats will be considered as submitted for discussion between
the subdivider and the Planning and Zoning Commission. Submission
of a subdivision preliminary plat shall not constitute formal filing
of a plat with the City. As far as may be practical on the basis of
a preliminary plat, the Commission will advise the subdivider as promptly
as possible of the extent to which the proposed subdivision conforms
to the design standards required by City ordinance and will discuss
possible modifications necessary to secure conformance.
[R.O. 2007 App. B §1-4; Ord. No. 4084 §1, 6-3-1974]
A.
Application. Each subdivider of all subdivisions shall submit
to the Commission two (2) reproducible drawings and three (3) prints
of the proposed subdivisions. Final plats shall have the scale of
at least one (1) inch equals one hundred (100) feet.
B.
Fees — Filing And Inspection. The final plats submitted
to the Commission shall be accompanied by a flat fee of one hundred
fifty dollars ($150.00).
C.
Review. The Secretary of the Planning and Zoning Commission
upon receipt of final plats shall transmit the two (2) reproducible
drawings and one (1) print to the City Planner, one (1) print to the
Planning and Zoning Commission and one (1) print to the Building Inspector.
D.
Required Improvements Or Guarantee Prior To Final Approval. Prior to approval of the final plat by the Planning and Zoning Commission, the subdivider shall agree in writing, in a form provided by the City Attorney, that he/she will install the minimum improvements required in Section 410.080 and that he/she understands that no building permits will be issued by the City until the required improvements are available to each lot for which a building permit is requested or until satisfactory surety in the form of a bond, cash or securities is furnished by the subdivider or his/her contractor guaranteeing the installation of the improvements to any lot for which a building permit is requested. No such surety shall be accepted unless it is enforceable by or payable to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Planner and in the form with surety and conditions approved by the City Attorney.
E.
Within
forty-five (45) days of filing of the complete information required
for approval of the final plat, the Commission shall hold a public
hearing on said plat. The Commission shall approve or disapprove the
plat and indicate its approval by signing the plat or its disapproval
by stating its reason in writing to the subdivider.
Upon approval, the Commission shall submit the final plat to
the Council for its action. The Council may alter any submitted final
plat, may specify changes or modifications therein which it deems
necessary and may make its approval subject to such alterations. The
action of the Council shall be by ordinance, which ordinance shall
include approval of the final plat for recording.
Upon approval by the Council, by ordinance duly passed and signed
by the Mayor, such approval shall be endorsed on one (1) drawing or
tracing cloth and on two (2) black and white linen prints of the plat
under the hand of the City Clerk and the Seal of the City.
F.
Filing. Following the passage of the ordinance, the three (3) drawings of the final plat thereof shall be filed by the City Clerk, within a reasonable time after the effective date of the ordinance approving the plat, with the Recorder of Deeds and two (2) of these tracings shall be returned to the City Clerk of which one (1) tracing shall be transmitted to the City Planner within a reasonable time. The subdivider shall bear all expense in connection with the filing of the final plat and the City Clerk shall not be required to file plat until the subdivider shall provide the expense of filing thereof. Three (3) copies of the agreement in writing required under Section 410.040(D), shall be filed with the Recorder of Deeds at the time of filing final plat referred to herein and two (2) copies of this agreement in writing shall be returned to the City Clerk of which one (1) copy of the agreement in writing shall be transmitted to the City Planner within a reasonable time. The subdivider shall bear all expense in connection with filing of the agreement in writing and the City Clerk shall not be required to file the agreement in writing until the subdivider shall provide the expense of filing thereof.
[R.O. 2007 App. B §1-5; Ord. No. 4084 §1, 6-3-1974]
A.
Data
furnished in a preliminary plat for a major subdivision shall be at
the discretion of the subdivider. For fullest usefulness, the subdivision
preliminary plat should include the following information:
1.
Tract boundaries.
2.
North point.
3.
Vicinity map showing the subdivision relationship to surrounding
areas and especially street connections.
4.
Significant topographical map of physical features.
5.
Proposed general street layout.
6.
Proposed general lot layout.
7.
Location by section, township, range, County and State.
[R.O. 2007 App. B §1-6; Ord. No. 4084 §1, 6-3-1974]
A.
The
final plat shall show the following:
1.
All streets and alleys shall be cross-hatched on plat.
a.
Names of streets within proposed subdivision.
b.
The location of survey monuments.
c.
Sufficient data to determine readily the location, bearing and length
of every street, lot and boundary line and to reproduce such lines
on the ground.
d.
Deed restrictions, if any.
e.
Location by section, township, range, County and State and including
descriptive boundaries of the subdivision.
f.
Statement dedicating all easements.
g.
Statement dedicating all streets, alleys and other public areas not
previously dedicated.
h.
A notarized affidavit that the applicant is the recorded owner of
the land and that he/she approved of the plat.
i.
Place for signature of the Director of Public Works and date of approval.
j.
Certification by a registered engineer or surveyor that details of
the plat are correct.
k.
Certificate of approval with place for endorsement by the City Clerk
and showing the ordinance number and date of approval of the Council.
l.
The location of all water mains and fire hydrants, the location of
all sewer mains, manholes, the location of all gas mains and the location
of all electric power lines and poles.
2.
The following supplementary information may be required on a separate
sheet or sheets when requested by the Commission:
a.
Information covering existing and proposed streets and utilities
in or adjacent to the proposed subdivision.
b.
Sites for multiple-family dwellings, shopping centers, churches,
industry or other non-public uses exclusive of single-family detached
dwellings.
c.
Contours at an interval to be determined by the Commission.
d.
Significant features including watercourses, marshes, rock outcrops
and houses or barns.
3.
Stormwater management plan.
[R.O. 2007 App. B §1-7; Ord. No. 4084 §1, 6-3-1974; Ord.
No. 4194 §1, 6-7-1976; Ord. No. 4211 §1, 10-4-1976; Ord. No. 4319 §1, 5-1-1978]
A.
Relation To Adjoining Street System. The arrangement of
streets in new subdivisions shall make provisions for the continuation
of the principal existing streets in adjoining areas (or their proper
projection where adjoining land is not subdivided) insofar as they
may be deemed necessary by the Commission for public requirements.
Off-set streets should be avoided. The angle of intersection between
minor streets and major streets should not vary by more than ten degrees
(10°) from a right angle. Streets obviously in alignment with
existing streets shall bear the names of the existing streets. All
proposed street names shall be checked against duplication of other
street names. The widths and locations of major streets shall conform
to the widths and locations designated on the Comprehensive Plan.
B.
Specifications. See Exhibit A.
|
EXHIBIT A
| |||||
|---|---|---|---|---|---|
|
REQUIRED SUBDIVISION DESIGN AND IMPROVEMENT SPECIFICATIONS
| |||||
|
Residential area 15,000 min. sq. ft. per unit
|
Residential area 10,000 min. sq. ft. per unit
|
Residential area 8,000 min. sq. ft. per unit
|
Residential area 1,500 min. sq. ft. per unit
|
Commercial and industrial area
| |
|
For rights-of-way:
| |||||
|
Rights-of-way width (ft.)
|
50
|
50
|
50
|
50
|
80
|
|
Alley width if provided (ft.)
|
20
|
20
|
20
|
20
|
24
|
|
Easements — total (ft.)
|
10
|
10
|
10
|
10
|
10
|
|
Maximum block length (ft.)
|
1,200
|
1,000
|
1,000
|
1,000
|
N.A.
|
|
Minimum block length (ft.)
|
500
|
500
|
500
|
500
|
N.A.
|
|
Maximum cul-de-sac length (ft.)
|
1,500
|
1,000
|
1,000
|
1,000
|
None
|
|
Minimum cul-de-sac radius (ft.)
|
60
|
50
|
50
|
50
|
None
|
|
For improvement:
| |||||
|
Pavement width back-to-back of curb (ft.)
|
27
|
27
|
27
|
27
|
44
|
|
Maximum grade (%)
|
10
|
7
|
7
|
7
|
4
|
|
Minimum sight distance (ft.)
|
150
|
150
|
150
|
150
|
200
|
|
Sidewalk width (ft.)
|
5
|
5
|
5
|
5
|
8
|
|
Curb and gutter required
|
yes
|
yes
|
yes
|
yes
|
yes
|
|
For lots:
| |||||
|
Minimum lot depth (ft.)
|
100
|
100
|
100
|
95
|
N.A.
|
|
Maximum lot depth (ft.)
|
3 times width
|
3 times width
|
3 times width
|
3 times width
|
N.A.
|
|
Right-of-way radius on corner lots (ft.)
|
20
|
20
|
20
|
20
|
30
|
C.
Character Of Development. The Commission shall confer with
the subdivider regarding the type and character of development that
will be permitted in the subdivision and may agree with the subdivider
as to certain minimum restrictions to be placed upon the property.
Such regulations shall be intended to protect the character and development
of the platted subdivision as well as that of the surrounding development.
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, park areas, street trees or other physical facilities
necessary or desirable for the welfare of the area and which are of
common use or benefit and are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made by trust agreement,
made a part of the deed restrictions acceptable to any agency having
jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities.
D.
Dedication For Public Lands. All proposed subdivisions may
be required to dedicate a reasonable area for public use as a park,
recreation area, school or other public purpose sites. Such area so
dedicated shall be in addition to all dedications for streets and
thoroughfares. In determining the area to be so dedicated for public
use, the Commission shall give due consideration to present and anticipated
population density within such subdivision and to the present and
future requirements for such public needs. Such area so dedicated
for the aforesaid purposes shall not be less than five percent (5%)
and shall not be more than ten percent (10%) of the total land area
within the subdivision.
E.
Acquisition Of Land For Public Use. In addition to any areas so dedicated according to the provisions of Subsection (D) above, where a tract of land being subdivided includes lands proposed to be used for parks, schools or other public purposes under the duly adopted Comprehensive Plan of the City and environs, the subdivider shall not plat such lands as a part of the subdivision's plat and shall confer with the appropriate public agency regarding the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two (2) years of the date of submission of the final plan, the subdivider may then plat the balance of the area.
F.
Easements Along Streams. Whenever any stream or important
surface drainage course is located in an area which is being subdivided,
the subdivider shall provide an adequate easement along each side
of the stream for the purpose of widening, deepening, sloping, improving
or protecting the stream or drainage course.
G.
Corner Lots. Corner lots shall have an extra width to permit
appropriate building setback from both streets or orientation to both
streets. Lots abutting a pedestrian mid-block crosswalk shall be treated
as corner lots.
H.
Uninhabitable Area. Lands subject to flooding or otherwise
deemed by the Planning and Zoning Commission to be uninhabitable shall
not be platted for residential purposes or for uses that may in the
judgment of the Planning and Zoning Commission increase the danger
of health, life or property or increase the flood hazard. Such land
within a subdivision shall be set aside for other uses, such as parks
or other open space.
I.
Back-Up Lots. Lots shall back into such features as freeways,
arterial streets, shopping centers or industrial properties, except
where there is a marginal access street, unless a secondary access
is provided. Such lots shall contain a landscaped easement along the
rear at least twenty (20) feet wide in addition to the utility easement
to restrict access to the arterial street, to minimize noise and to
protect outdoor living areas. Lots extending through a block and having
frontage on two (2) local streets shall be prohibited.
J.
Lot Frontage. All lots shall front upon a publicly dedicated
street. Variances may be permitted for approved large scale residential
developments.
K.
Planting Strips. Planting strips may be required to be placed
next to incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential properties.
Such screens shall be a minimum of twenty (20) feet wide and shall
not be a part of the normal roadway right-of-way or utility easement.
L.
Easements. Utility easements shall be of sufficient width
to have at least a ten (10) foot interval between water and sewer
lines. Where practicable, utility lines shall be placed in alleys
or easements for same. The subdivider shall properly clear the easement
area of tree stumps, roots and rocks and any other obstructions to
the placing of utilities.
[R.O. 2007 App. B §1-8; Ord. No. 4084 §1, 6-3-1974; Ord.
No. 4263 §1, 7-5-1977; Ord. No. 4439 §2, 11-5-1979; Ord. No. 6065 §1, 4-20-1998]
A.
Permanent Markers. All subdivision boundary corners and
the four (4) corners of all street intersections shall be marked with
permanent monuments. A permanent monument shall be deemed to be concrete
with a minimum dimension of four (4) inches extending below the frost
line or steel pipe of at least one (1) inch diameter firmly imbedded
in concrete which extends below the frost line. Should conditions
prohibit the placing of monuments on the line, off-set marking will
be permitted; provided however, that exact off-set courses and distances
are shown on the subdivision plat.
A permanent bench mark shall be accessibly placed and accurately
noted on the subdivision plat, the elevation of such bench mark to
be based on the U.S.G.S. data.
B.
Street Improvements. All streets and public ways shall be
graded to their full width, including side slopes, and to the appropriate
grade and shall be surfaced with concrete or bituminous material as
approved by the Governing Body. Such construction shall be subject
to inspection and approval by the City Engineer or other designated
official.
C.
Sidewalks. Within one (1) year of recording of the final
subdivision plat, concrete sidewalks shall be constructed along at
least one (1) side on every minor street shown on the plat in accordance
with applicable standard specifications and concrete sidewalks shall
be constructed along both sides of all major streets. If sidewalks
are not constructed within one (1) year of recording of the final
plat, the subdivider shall submit to the City the cost of construction
of such sidewalks in an amount estimated by the subdivider's engineer
and approved by the City planner or Building Inspector as necessary
to complete such work in cash or a cashier's check to be deposited
in a non-interest bearing account. If no sidewalks are constructed
within three (3) years after the recording of the final plat, the
subdivider shall forfeit all sums heretofore submitted to the City.
Notwithstanding any other provisions of this Section, a waiver from
the sidewalk requirement may be granted, by City Council with recommendation
from the Planning and Zoning Commission, if one (1) of the following
cases are found applicable:
1.
The property is platted in lots having an area of twenty thousand
(20,000) square feet or more and a width of one hundred (100) feet
or more;
2.
The street is edged by a shoulder and ditch rather than a curb and
gutter;
3.
No sidewalks exist on adjoining properties or in the neighboring
area;
4.
The City plans to construct public improvements in the area which
would result in damage or destruction of the proposed sidewalk; or
5.
The cost to construct the proposed sidewalk would be significantly
greater than the average cost of sidewalk construction.
D.
Water Lines. Each subdivision shall be connected with the
water system of the utility company in accordance with all State and
municipal requirements so as to provide water service to every lot
within the subdivision. The layout of the water system, the size of
pipes and mains to be used in the various parts of water systems and
all other details regarding the water system shall be determined by
the manager of the Utilities Department. Cost for all materials used
in the construction of water lines from the City mains to the subdivision
and inside the subdivision shall be paid for by the subdivider and
the subdivider shall receive no refund of any kind whatsoever. Provided
however, the City shall pay for fire hydrants and the added cost on
water mains in size above six (6) inches in diameter.
E.
Sanitary Sewers.
1.
The subdivider shall construct a sanitary sewer system and provide
lateral connections for each lot where a public sanitary sewer main
is available at the plat boundary or within a reasonable distance
thereto.
2.
Where a sewer is not yet available but is planned for extension to
the subdivision, the subdivider shall install sewer lines, including
lateral connections, as may be necessary to provide adequate service
to each lot when connection with the sewer system is made. The sewer
lines shall be suitably capped at the limits of the subdivision and
the laterals shall be suitably capped at the street right-of-way line.
3.
When capped sewers are provided, on-site disposal facilities shall
also be provided. A sewer shall be considered to be planned for extension
to a given area any time after engineering and related studies have
been completed and the construction of facilities adequate to serve
the area containing the subdivision has been programmed for completion
within a reasonable time.
4.
If a public sanitary system is not available under the conditions
stated above, the subdivision or area may be considered as one (1)
where it is necessary to construct a community disposal system or
individual septic tanks. Such systems must receive approval by the
Health Department and the City Council.
5.
If, in the opinion of the Health Department or the City Engineer
or other designated official, factors exist which would create a public
health and sanitation problem if a certain area is platted, the Commission
will not approve the subdivision and platting of such area until such
factors are corrected by an adequate sewer system or other method
acceptable to the Health Department and City Engineer or other designated
official.
F.
Storm Sewers And Drainage.
1.
Storm sewers. Where a storm drainage system is reasonably
accessible, the subdivider shall connect with such storm drainage
system and shall do all grading and provide all drainage structures
that are necessary to properly carry the water to the storm drainage
system. Where a storm drainage system is not accessible, the subdivider
shall do all grading and provide all drainage installations and structures
that are necessary to properly carry the water to locations which
are acceptable to the City Engineer or other designated official.
Surface water will not be permitted to cross the pavement at low spots.
Inlets with connection pipe will be required to carry the surface
water from one side to the other.
2.
Storm water drainage.
a.
Wherever possible, existing drainage channels shall be used. A drainage
easement, in addition to the provided right-of-way width, may be required
where streets parallel streams or drainage areas. Such easement widths
shall be determined by the City Engineer or other designated official.
The design of the drainage system shall consider and show:
(1)
Storm drainage area of which the subdivision is a part.
(2)
Calculations as to volume and frequency of water to be handled.
(3)
A scheme of culverts sufficient in size to eliminate flooding
or uncontrolled ponding of water.
(4)
Existing watercourses.
(5)
Retention and/or detention basins to control excessive runoff.
b.
The City Engineer or other designated official shall evaluate each
development proposal as to its impact on flooding and uncontrolled
ponding of water on the subdivision site and all potentially effected
surrounding areas.
c.
The size, design and type of construction shall be approved by the
City Engineer or other designated official.
d.
Storm sewers shall meet the following minimum standards for inside
dimensions of sewer tile and maximum line lengths.
|
Tile size (inches)
|
Maximum length
(feet)
| |
|---|---|---|
|
15
|
30
| |
|
24
|
50
| |
|
36
|
100
|
e.
Cleanout boxes must be installed according to the maximum length
requirements. The minimum inside dimension of a cleanout box shall
be three (3) feet by three (3) feet.
f.
Where ditches are utilized for storm drainage, they shall meet the
following minimum standards:
(1)
Sod or seed with jute mesh at the discretion of the City Engineer
or other designated official on the bottoms and banks of ditches with
mean velocities up to five (5) feet per second for depths of flow
of six (6) inches or more.
(2)
Rip-rap or other approved ditch lining on ditches with mean
velocities greater than five (5) feet per second for a depth of flow
of six (6) inches or more.
(3)
Culverts at all street or driveway intersections sized to eliminate
or prevent flooding or uncontrolled ponding of water.
g.
The developer or subdivider shall purchase and construct all storm
water control improvements necessary to protect property in the watershed
from further or future water problems that are attributable to a proposed
subdivision. The location and installation of such improvements shall
be subject to the approval of the City Planner and the General Manager
of the Municipal Utilities — City Cable Department.
(1)
Plans. Construction and grading plans for the
improvements to be installed shall be furnished if requested by the
City Planner in accordance with the recommendations or specifications
of the Commission and shall receive approval of the City Planner,
the City Street Department Superintendent and the General Manager
of the Municipal Utilities — City Cable Department before grading
is started or improvements are installed. The following provisions
must be included in construction plans:
(a)
Site plan and topographic drawings in compliance with City requirements.
(b)
The profile of each proposed street and locations and sizes
of utility mains.
(c)
The cross section of each proposed street and locations and
sizes of utility mains.
(d)
The plans and profiles of proposed sanitary sewers and storm
water sewers with grades and sizes indicated.
(e)
The plan and profile of the proposed water distribution system
showing pipe sizes and the location of valves and fire hydrants.
(2)
Alteration of topography. All open cuts of
ground shall be returned to at least the original condition. Sod shall
be provided for any open cut subject to excessive erosion. Sod shall
be laid out in strips at intervals and at right angles to the flow
of water in order to prevent erosion. The removal and hauling away
of topsoil and washing or hauling away of gravel shall not be permitted
without the approval of the Commission.
(3)
Inspection. Prior to starting any of the work
covered by the plans approved as above, arrangements shall be made
to provide for inspection of the work sufficient, in the opinion of
the City Planner or other designated official and the General Manager
of the Municipal Utilities — City Cable Department, to insure
compliance with the plans and specifications as approved and written
approval shall be obtained from the City Planner or designated official
and the General Manager of the Municipal Utilities — City Cable
Department to start the work.
(4)
Location of improvements. Nothing herein shall
be taken to mean that a developer or subdivider shall be required
to construct improvements beyond the boundaries of the development.
G.
Alleys. If there are alleys, they shall be graded and paved
to their maximum usable width to a grade approved by the City Engineer
or other designated official.
H.
Street Signs. Four-way street markers shall be installed
at each street intersection by the City of Poplar Bluff. The material
costs to be paid for by the subdivider.
I.
Sidewalks. Sidewalks in street rights-of-way shall be constructed
so that their inner edge shall approximate as near as possible to
the private property line.
[R.O. 2007 App. B §1-9; Ord. No. 4084 §1, 6-3-1974]
An agreement signed by the subdivider or his/her contractor
guaranteeing the minimum improvements against defects in workmanship
and materials for a period of one (1) year from the date of acceptance
of such improvements shall be filed with the Commission prior to the
acceptance of the improvements by the City.
[R.O. 2007 App. B §1-10; Ord. No. 4084 §1, 6-3-1974]
All improvements required under the provisions of the land subdivision
regulations shall be constructed in accordance with the design standards
and plan requirements of the land subdivision regulations, the standards
and specifications of the City and, where applicable, the requirements
and authorization of the appropriate State agency or utility company.
[R.O. 2007 App. B §1-11; Ord. No. 4084 §1, 6-3-1974]
A certificate of a registered professional engineer employed
by the subdivider shall be filed with the City Planner certifying
that the required improvements were inspected during actual by such
registered professional engineer or some competent person acting under
his/her direction and that such improvements have been constructed
in accordance with the aforesaid plans and specifications. In the
event the engineer employed by the subdivider is discharged before
completion of the required improvements, an amendment to the existing
bond naming the new registered professional engineer shall be filed
with the City and approved before proceeding any further with the
construction of the required improvements.
[R.O. 2007 App. B §1-12; Ord. No. 4084 §1, 6-3-1974]
A.
The
City shall not have any responsibility with respect to any street
or other improvements, notwithstanding the use of the same by the
public, unless the street or other improvements shall have been accepted
by the City.
B.
The
City shall, within thirty (30) days after the public improvements
have been offered for dedication to the City, accept the improvements,
provided the improvements have been constructed in accordance with
the requirements and conditions of this Chapter and the specifications
of the City.
[R.O. 2007 App. B §1-13; Ord. No. 4084 §1, 6-3-1974]
A.
The
subdivider has the right of appeal to the Board of Adjustment if any
mandatory provisions of this Chapter are claimed by the subdivider
to be unreasonable and cause undue hardship as they apply to his/her
proposed subdivision. The Board's decision shall be made in order
that substantial justice be done and the public interest secured and
provided that such variation will not have the effect of nullifying
the intent and purpose of this Chapter.
B.
In
granting variances and modifications, the Board of Adjustment may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
[R.O. 2007 App. B §1-14; Ord. No. 4084 §1, 6-3-1974]
Whenever the tract to be subdivided is of such unusual size,
shape or topography or is surrounded by such development or unusual
conditions that the strict application of the requirements contained
in this Chapter would result in real difficulties or substantial hardship
or injustice, the Board of Adjustment, after report by the Commission,
may vary or modify such requirements so that the subdivider may develop
his/her property in a reasonable manner, but so that at the same time
the public welfare and interests of the City and surrounding area
are protected and the general intent and spirit of this Chapter preserved.
[R.O. 2007 App. B §1-15; Ord. No. 4084 §1, 6-3-1974]
A.
No
person will be issued a building permit for any lot within the City
before the plat thereof is made out, acknowledged and recorded as
outlined in the Chapter.
B.
No
owner, or agent of the owner, of any land located within the platting
jurisdiction of the City, knowingly or with intent to defraud, may
transfer, sell, agree to sell, or negotiate to sell that land by reference
to or by other use of a plat of any purported subdivision of the land
before the plat has been approved by the Council or Planning and Zoning
Commission and recorded in the office of the appropriate County Recorder
unless the owner or agent shall disclose in writing that such plat
has not been approved by such Council or Planning and Zoning Commission
and the sale is contingent upon the approval of such plat by such
Council or Planning and Zoning Commission. Any person violating the
provisions of this Section shall forfeit and pay to the City a penalty
not to exceed three hundred dollars ($300.00) for each lot transferred
or sold or agreed or negotiated to be sold; and the description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the transaction
from this penalty. The City may enjoin or vacate the transfer or sale
or agreement by legal action, and may recover the penalty in such
action.
