[CC 1984 §26-1; Ord. No. 11-2D §1 Art. I, 7-17-1995; Ord. No. 11-2F §1 Art. I, 8-19-2002]
A.
Short Title. This Chapter shall be known, referred to and
cited as "The Commercial Land Subdivision Ordinance of Farmington,
Missouri".
B.
Jurisdiction. The rules and regulations governing plats
of subdivisions of land and lot splits contained herein shall apply
within the corporate limits of the City of Farmington, in accordance
with the provisions of Chapter 89, Section 89.400, RSMo., and future
areas which may subsequently come under the jurisdiction of said City.
[CC 1984 §26-2; Ord. No. 11-2D §1 Art. II, 7-17-1995; Ord. No. 11-2F §1 Art. II, 8-19-2002]
The purpose of this Chapter is to establish rules, regulations
and standards to guide land subdivision within the City of Farmington
in order to promote the public health, safety, convenience and general
welfare of the municipality. Standards shall be administered to ensure
orderly growth and development, the conservation, protection and proper
use of land, and adequate provision for traffic circulation, utilities
and services.
[CC 1984 §26-3; Ord. No. 11-2D §1 Art. III, 7-17-1995; Ord. No. 11-2F §1 Art. III, 8-19-2002]
A.
No
land shall, after the adoption of this subdivision Chapter, be subdivided
without complying with the provisions of said Chapter.
B.
No
lot, tract or parcel of land within any such subdivision shall be
offered for sale nor shall any sale, contract for sale or option be
given until such subdivision plans have been properly reviewed by
the City Planning and Zoning Commission and officially approved by
the City Council of the City of Farmington.
C.
No
improvements, such as sidewalks, water supply, stormwater drainage,
sewerage treatment lines and facilities, gas service, electric service
or lighting, or grading, paving or surfacing of any street shall be
made within any such subdivision by any owner or owners or his/her
or their agent, or by any public service corporation at the request
of such owner or owners or by his/her or their agent until the plats
for the subdivision and also the plans for the improvements have been
properly reviewed by the Planning and Zoning Commission and officially
approved by the City Council of the City of Farmington.
D.
Where
a tract of land is proposed to be subdivided in several stages over
a period of years, and the developer requests approval in parts, he/she
shall, at the time of submission of the first (1st) part, submit a
detailed plan of the entire tract to be eventually developed with
appropriate sectioning to demonstrate to the Planning and Zoning Commission
that the total design as proposed for the entire subdivision is feasible.
The Planning and Zoning Commission shall give preliminary approval
or disapproval to the overall plan and final approval on the parts
as submitted from time to time. In the event of disapproval of the
overall plan or any part or parts thereof, the Commission shall act
in accordance with this Chapter and the reason for refusal of any
plat or part thereof shall be written upon the record of the Commission
stating the specific regulation or regulations of non-conformance.
E.
The
provisions of this Chapter shall be held to the minimum requirements
necessary in the subdivision of land within the jurisdiction of this
Chapter.
[CC 1984 §26-4; Ord. No. 11-2D §1 Art. IV, 7-17-1995; Ord. No. 11-2F §1 Art. IV, 8-19-2002; Ord. No. 11-2F2 §1, 3-22-2004; Ord. No. 11-2I 11 §5, 11-17-2003; Ord. No. 11-2I 31 §8, 7-18-2005; Ord. No. 11-2I 40 §§1 —
2, 1-16-2006]
For the purpose of this Chapter, certain words and terms used
herein are defined as follows:
A permanent public service way or right-of-way, dedicated
for or in public use, or other than a street, place, road, crosswalk
or easement, designed to provide a secondary means of access for the
special accommodation to the back or side of abutting properties and
not intended for general traffic circulation.
The total of areas taken on a horizontal plane at the main
grade level of the principal building, and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines of the site, less
the area of any street right-of-way.
Any street, highway, river, pond, canal, railroad, levee,
embankment, berm, stream or drainage ditch, or screening by fence
or hedge.
A definite point of known elevation and location and of more
or less permanent character.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways or other barriers (except
alleys, crosswalks or exterior boundaries of a subdivision, unless
such exterior boundary is a street or highway), or any combination
thereof.
The division or consolidation of previously subdivided land
into not more than three (3) lots each of which is less than five
(5) acres in area.
A Boundary Adjustment:
Any structure, whether temporary, semi-permanent or permanent,
designed or intended for the support, enclosure, shelter or protection
of persons or property.
The line nearest the front or side of and across a lot establishing
the minimum yard to be provided between the principal building or
structure and the lot line.
The City of Farmington, Missouri.
The City Clerk of the City of Farmington, Missouri.
The City Counselor of the City of Farmington, Missouri, or
whomever shall be designated as City Counselor.
The City Engineer of the City of Farmington, Missouri, or
whomever shall be designated as City Engineer.
The Missouri Clean Water Commission or the Division of Health.
Generally, any business of a commercial nature that has as
its primary function the direct sale of goods and services to the
general public.
The Planning and Zoning Commission of the City of Farmington,
Missouri.
All portions of the property except the units.
The Comprehensive or Master Plan of the City of Farmington,
Missouri, whether in whole or in part, for the development of the
City prepared by the Commission and adopted by the Council in accordance
with the authority conferred by Chapter 89, RSMo.
A form of property ownership as defined by Chapter 448, RSMo.
A building that at any time before creation of the condominium
was occupied wholly or partially by persons other than purchasers
and persons who occupy with the consent of purchasers.
The City Council of the City of Farmington, Missouri.
The County of St. Francois, Missouri.
A strip of land dedicated to public use which is reserved
across a block to provide pedestrian access to adjacent areas.
A short, minor street having one (1) end open to traffic
and the other end permanently terminated by a vehicular turnaround.
A street having one (1) end open to traffic and the other
end closed. In all instances the terminated end shall be provided
with a temporary turnaround.
The arrangement of land for easements, lots and right-of-way,
including materials, improvements, alignment, grade and width of these
elements.
Any individual, firm, corporation, association, partnership
or other entity involved in commencing proceedings under this Chapter
to effect the development of land for himself/herself or another.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies or private individuals.
A professional engineer registered in the State of Missouri.
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets, or other natural or artificial
barriers.
The slope of a road specified in percent and shown on road
profile plans as required herein.
The totality of grading, crosswalks, culverts, bridges, sanitary
and storm sewers, water mains, street surfaces and/or pavements, street
and road signs, street lights, curbs and gutters, sewage treatment
facilities, pedestrian ways, gas mains, landscaping, monuments, electric
utilities, and all other appropriate improvements required to render
land suitable for the use proposed.
The corporate area of the City of Farmington, Missouri, or
any areas which may subsequently come under the jurisdiction of said
City.
A portion of a subdivision, or other parcel of land intended
as a unit for transfer of ownership or development, occupied or to
be occupied by a building, or unit group of buildings, and accessory
buildings together with such yards and lot area as are required by
this Chapter and having its principal frontage upon a street or place
approved by the Commission.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for rights-of-way for street purposes.
A lot abutting upon two (2) or more streets or rights-of-way
at their intersection.
The horizontal distance between the front and rear lot lines,
measured along the median between the two (2) side lot lines.
A lot which runs through a block from street to street and
which has two (2) non-intersecting sides abutting on two (2) or more
streets.
The boundaries of a lot.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
A primary arterial, secondary arterial or collector street.
The official plans of highways, primary and secondary arterials,
and other major streets, including collector streets, adopted by the
Planning and Zoning Commission, approved by the City Council, and
duly recorded in the office of the County Recorder.
An object set in the ground to mark the boundaries of real
estate or to mark a survey station.
Either or both (1) a division or a redivision of a tract
into more than one (1) lot, plat or site for a commercial or industrial
purpose, and (2) the dedication or establishment of a street or improvement
in conjunction with or use in any such tract.
The map showing streets, highways, and parks and drainage,
both existing and proposed, as approved and adopted by the City.
The date when a subdivision plan shall be considered submitted
to the Planning and Zoning Commission and is hereby defined to be
the date of the meeting of the Planning and Zoning Commission at which
all required surveys, plans, plats and data are submitted.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites, open or "green space" areas
and other such areas that shall be deemed necessary by the Commission.
An auxiliary lane of a street used primarily for vehicular
parking.
An all-weather, dust-free penetration asphalt, asphaltic
concrete, concrete surface, or oil and chip (sealed) surface.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Commission or other approving
body approved a record plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
Any individual, corporation, firm, partnership, association,
estate, organization, or any other group acting as a unit.
An open, unoccupied, officially designated space, other than
a street or alley, permanently reserved as the principal means of
access to abutting property.
See "PLAT", "PLAT — PRELIMINARY", "PLAT, RECORD" and "PRE-APPLICATION SKETCH".
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
A map or plan of a proposed land subdivision showing the
character and proposed layout of the tract in sufficient detail to
indicate the suitability of the proposed subdivision of land.
The final map or plan of all or a portion of a land subdivision
with the necessary affidavits, dedications, acceptances, complete
hearings and dimensions of all lines defining lots and blocks, streets
and alleys, public areas, and other dimensions of land which is presented
to the Commission for final approval in accordance with the provisions
of this Chapter, and which, if approved, shall be filed with the proper
County Recording Officer.
A general drawing or sketch and discussion showing the general
layout and characteristics of the proposed subdivision.
The land opened, reserved or dedicated for a street, sidewalk,
drainage, or other public purpose.
See "BUILDING SETBACK LINE".
The rate of deviation of the ground surface from the horizontal
surface, as expressed in percentages.
The current lawfully adopted code pertaining to design and
construction to facilitate the management of runoff water from storms.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, with a surface, usually affording
the principal means to abutting property. A street is intended primarily
as a means of vehicular and pedestrian travel which may also be used
to provide space for sewers, public utilities and sidewalks. For the
purpose of this Chapter, streets shall be classified as follows:
|
COLLECTOR STREET — Streets which provide for traffic movement
between arterials and local streets and provide direct access to abutting
property.
| |
|
LOCAL STREET — Streets which are primarily intended to
serve individual properties abutting the street.
| |
|
MARGINAL ACCESS STREET/SERVICE ROAD (STREET) — A minor
street parallel and adjacent to major primary and secondary arterials,
railroad rights-of-way, or any other barrier which provides access
to abutting properties.
| |
|
PRIMARY ARTERIAL — Streets of considerable continuity
which are intended to move through traffic from major traffic generators
and provide direct access to abutting property.
| |
|
SECONDARY ARTERIAL — Streets of considerable continuity
which are intended to serve major movements of traffic from minor
traffic generators, providing service to specific traffic destinations
and easy movement from one (1) neighborhood area to another within
the City.
|
Anything constructed which requires permanent or temporary
location on the ground or is attached to something having a permanent
or temporary location on the ground.
The division of land into two (2) or more lots or parcels.
Excluded from this definition is: The division of land of land for
cemetery usage; and division and distribution of land pursuant to
law or court order. The term "subdivision" shall
also include all resubdivisions of land or lots.
An insurance company qualified and acting under the provisions
of Chapter 379, RSMo., which has met the requirements of Section 379.020
thereof and which is approved by the City Counselor.
A corporation qualified and acting under the Missouri Title
Insurance Law or a corporation which is an issuing agency for an insurance
company insuring land titles.
An area or parcel of land which the developers intend to
subdivide and improve, or to cause to be subdivided and improved,
pursuant to the requirements of this Chapter.
A part of the property including one (1) or more rooms, occupying
one (1) or more floors or a part or parts thereof, designed and intended
for any type of independent use and having lawful access to a public
way.
A space of the same lot with a building which is open, unoccupied
and unobstructed by structures, except as provided in the zoning ordinance.
|
FRONT YARD — A yard extending across the front of a lot
between the side yard lines and being the minimum horizontal distance
between the street line and the front building line.
| |
|
REAR YARD — A yard extending along the rear of a lot between
the side yard lines and being the minimum horizontal distance between
the rear lot line and the rear building line.
| |
|
SIDE YARD — A yard extending along each side of a lot
between the front yard line and the rear yard line and being the minimum
horizontal distance between the side lot line and the side building
line.
|
A map entitled "Farmington, Missouri, Zoning District Map"
dated 1971 and any amendments thereto.
The part of the Comprehensive Plan, now or hereafter adopted,
which includes an ordinance and zoning map which divides the area
within the City into districts with regulations and requirements and
procedures for the establishment of land use controls within said
City.
[CC 1984 §26-5; Ord. No. 11-2D §1 Art. V, 7-17-1995; Ord. No. 11-2F §1 Art. V, 8-19-2002; Ord. No. 11-2I 11 §§1
— 3, 11-17-2003; Ord. No. 11-2I 31 §8, 7-18-2005; Ord. No. 11-2I 40 §§1, 3, 1-16-2006; Ord. No. 11-2F 3 §1, 2-2-2007]
A.
Pre-Development Considerations.
1.
In order to make the most of opportunities related to the subdivision
and to conserve time, effort, and expense, the owner or developer
shall consult with the Planning and Zoning Commission, the Planning
Administrator, and other public officials prior to the preparation
of the Preliminary Plat for the subdivision. Site or plot plans, and
other information essentially to determining the requirements which
may apply to the development may be provided at this time. The Comprehensive
Plan of the City shall be reviewed to determine how the preliminary
plat will fit into the Comprehensive Plan. Requirements for streets;
school and recreation sites; community facilities; shopping centers;
sanitation, water supply, and drainage; and the relationship to other
developments, existing and proposed, in the vicinity as well as other
requirements that may affect the development shall be determine in
advance of the preparation of the preliminary plat.
2.
Any person who shall option, transfer, lease, or sell or agree to
sell or negotiate to sell any land by reference to or exhibit of or
by other use of a plat of a subdivision, before such plat has been
approved by the Planning and Zoning Commission and the City Council
and recorded or filed in the offices of the City Clerk and the St.
Francois County Clerk Recorder of Deeds, shall forfeit and pay a penalty
of three hundred dollars ($300.00) for each lot or parcel so transferred,
optioned, sold, leased, or agreed or negotiated to be sold; and the
description of such lot parcel 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 such penalties or from the remedies
herein provided. The municipal corporation may enjoin such transfer
or sale or agreement by action for injunction brought in any court
of equity jurisdiction or may recover the said penalty by a civil
action in any court of competent jurisdiction.
3.
Any person planning and developing a subdivision the developer shall
comply with the minimum design and development standards of this Chapter
for the layout and improvement of subdivisions.
B.
Filing Preliminary Plats.
1.
An application and the required copies of the Preliminary Plat shall
be filed with the Planning Administrator at least fifteen (15) days
prior to any regular meeting date of the Planning and Zoning Commission,
unless otherwise approved by the Planning Administrator. The Planning
Administrator shall review the application, and refer the matter to
the Planning and Zoning Commission when the application is determined
to be complete. Notice shall be given in accordance with the provisions
of this Chapter and the request shall be set for the next regular
meeting of the Planning and Zoning Commission unless it is impracticable
due to errors, omissions, or other discrepancies with the application.
A Preliminary Plat may not be required to be filed for resubdivision
where approved by the Planning Administrator.
2.
After review and recommendation by the Planning and Zoning Commission,
notice shall be given in accordance with the provisions of this Chapter
and the City Council shall review the request.
3.
Upon approval by the Planning and Zoning Commission and City Council,
the applicant shall be authorized to submit the record plat(s). The
Planning Administrator shall attach a copy of the resolution approving
or disapproving the preliminary plat certified by the City Clerk to
a copy of the preliminary plat. A copy of the resolution shall be
filed in the City Clerk's office.
4.
In the case of disapproval of the record plat; the attached resolution
shall give the reasons and specify the aspects of non-conformance
with existing ordinances.
5.
The City Council or the City Planning and Zoning Commission may require
applicants to provide plats and other documents or other information
it may determine to be of value in acting upon the application. The
Council and Planning and Zoning Commission may request the opinions
and recommendations of other City boards and officers upon applications.
6.
Preliminary approval shall confer upon the applicant the following
rights for a two (2) year period from the date of approval by the
City Council.
a.
That the general terms and conditions under which the preliminary
approval was granted shall not be changed.
b.
That the said applicant shall submit on or before the expiration
date the whole or part or parts of said plat for final approval. In
the case of a subdivision being developed in stages, the applicant
may elect to have final approval delayed for a period not to exceed
five (5) years from the date of preliminary approval for the remaining
portions of the plat, after submission of the original part within
the above specified period.
C.
Filing Record Plat(s).
1.
An application and the required copies of the record plat shall be
filed with the Planning Administrator at least fifteen (15) days prior
to any regular meeting date of the Planning and Zoning Commission,
unless otherwise approved by the Planning Administrator. An application
for development permit and improvement plans shall also be submitted
for any proposed improvements. All improvements shall be reviewed
and approved or disapproved in writing by the appropriate City staff.
The Planning Administrator shall review the application, and refer
the matter to the Planning and Zoning Commission when the application
is determined to be complete. Notice shall be given in accordance
with the provisions of this Chapter and the request shall be set for
the next regular meeting of the Planning and Zoning Commission unless
it is impracticable due to errors, omissions, or other discrepancies
with the application.
2.
After review and recommendation by the Planning and Zoning Commission,
notice shall be given in accordance with the provisions of this Chapter
and the City Council shall review the request.
3.
Upon approval by the Planning and Zoning Commission and City Council,
applicant shall be authorized to proceed with division of land in
accordance with the approved plat.
4.
All plats to be recorded shall bear the signatures of the owners
and officials designated by this Chapter including the Mayor, City
Clerk and Chairman of the Planning and Zoning Commission.
5.
The Planning Administrator shall file the plat with the St. Francois
County Recorder of Deeds. Two (2) copies of the plat as filed with
the St. Francois County Recorder of Deeds shall be retained by the
Planning Administrator. The owner shall be responsible for the payment
of all recording fees to the City upon approval of the plat.
6.
The Planning Administrator shall attach a copy of the ordinance approving
or disapproving the record plat to a copy of the record plat. At least
two (2) copies of any approved record plat which has been filed with
the St. Francois County Recorder of Deeds shall be retained by the
Planning Administrator.
7.
The City Council or the City Planning and Zoning Commission may require
applicants to provide plats and other documents or other information
it may determine to be of value in acting upon the application. The
Council and Planning and Zoning Commission may request the opinions
and recommendations of other City boards and officers upon applications.
8.
In the case of disapproval of the record plat; the attached ordinance
shall give the reasons and specify the aspects of non-conformance
with existing ordinances.
D.
Applications. All applications shall be approved as to form
by the Planning Administrator, and shall contain information including
but not limited to the following.
1.
Name, address, and telephone of the applicant.
2.
Legal description of the affected parcel of land, approximate street
location, or address, the zoning district in which it is located,
and a copy of the deed to the property as filed with the St. Francois
County Recorder of Deeds.
3.
A description of the request.
4.
A list of the names and addresses of all owners of contiguous property.
5.
Signature of the applicant, and date.
6.
Copies of the plat, or other documentation required.
|
|
All applications shall be accompanied by a fee of one hundred
dollars ($100.00). The Planning Administrator shall be permitted to
establish a refund policy. No fee shall be refunded for failure of
the City Council or Planning and Zoning Commission to act in favor
of the applicant.
|
E.
Public Notice.
1.
Upon referral of an application to the Planning and Zoning Commission
the Planning Administrator shall cause a written notice to be sent
by ordinary mail to all owners of contiguous property listed in the
application. The notice shall include the legal description of the
affected parcel of land, the approximate street location or address,
and the zoning district in which it is located; the time place, and
location of the hearing; the name of the applicant or applicants;
and the purpose of the request.
2.
Upon recommendations and report from the Planning and Zoning Commission
the matter shall be set for public hearing before the City Council,
within sixty (60) days. The Planning Administrator shall cause public
notice of such hearing to be published in a newspaper of general circulation
within the City, not less than fifteen (15) days prior to said hearing.
The notice shall include the legal description of the affected parcel
of land, the approximate street location or address, and the zoning
district in which it is located; the time place, and location of the
hearing; the name of the applicant or applicants; and the purpose
of the request.
F.
Boundary Adjustment.
1.
An application, the required copies of the plat and the required
fees shall be submitted to the Planning Administrator. The Planning
Administrator and appropriate City staff shall review the proposed
plat of the boundary adjustment to insure compliance with the requirements.
A boundary adjustment found to be in compliance with the requirements
shall be approved by the Planning Administrator.
2.
The Planning Administrator shall file the approved plat with the
St. Francois County Recorder of Deeds. Two (2) copies of the plat
as filed with the St. Francois County Recorder of Deeds shall be retained
by the Planning Administrator. The owner shall be responsible for
payment of all recording fees to the City upon approval of the plat.
G.
Condominium Plats.
1.
Condominium plats for new development shall be processed in accordance
with the procedures and requirements for preliminary plats and record
plats. Conversion buildings shall be processed in accordance with
procedures and requirements for record plats. Individual units within
the buildings in a condominium development which has been duly approved
by the City shall be processed in accordance with the requirements
for a boundary adjustment.
2.
All condominium developments and conversions.
a.
Shall comply with the requirements of the zoning district in which
the building is located.
b.
Shall comply with all applicable requirements of the Building Code
and Fire Code.
c.
(Reserved)
d.
Shall have declaration bylaws that include a clear and understandable
statement governing the responsibilities for maintaining all common
elements.
3.
No condominium unit shall be sold or occupied until a plat has been
approved by the City and filed with the St. Francois County Recorder
of Deeds and the unit meets all requirements of this Chapter.
H.
Display Housing.
1.
Approval of display housing may be submitted at the time of the Preliminary
Plat or after approval of the Preliminary Plat.
2.
Where display housing approval is requested after approval of the
Preliminary Plat the display home plat shall be processed in accordance
with the procedures for a preliminary plat.
3.
The City Council may approve reasonable number of homes of various
designs related to the development proposed after receipt of recommendations
from the Planning and Zoning Commission.
4.
Display homes shall comply with all applicable Building and Fire
Code requirements and no display home shall be constructed until a
building permit has been obtained from the Building Inspector.
5.
No permanent certificate of occupancy may be issued and no display
home or any lot on which a display home is situated shall be conveyed
until a duly approved Record Plat has been recorded for the property.
6.
The Display Housing Plat shall become null and void when a Record
Plat has been recorded for the property.
[CC 1984 §26-6; Ord. No. 11-2D §1 Art. VI, 7-17-1995; Ord. No. 11-2D1 §§1 — 2, 2-19-1997; Ord. No. 11-2A1 §§1 — 2, 2-19-1998; Ord. No. 11-2F §1 Art. VI, 8-19-2002; Ord. No. 11-2I-11 §§4,
6, 11-17-2003; Ord. No.
11-2I 14 §§7 — 8, 5-17-2004; Ord. No. 11-2I 40 §§1,
4 — 5, 1-16-2006]
A.
Preliminary Plat. A preliminary plat shall be provided by
the developer and consist of the following:
1.
Location map. A location map which shall indicate
the date, showing:
a.
Boundary line of the proposed subdivision, indicated by a solid heavy
line and the total approximate acreage involved.
b.
Subdivision name and location, specifying U.S. Survey and Township
lines, county, and state.
c.
Any and all thoroughfares related to the subdivision.
d.
Existing elementary and secondary schools, parks and playgrounds
available for serving the area proposed to be subdivided, and other
community features.
e.
Title, scale, north arrow, and date.
2.
Plat. A plat showing part or all of the following
items is deemed necessary and with a waiver on all omitted items approved
by the Planning and Zoning Commission and a list of said items signed
by the chairman of the Planning and Zoning Commission and attached
to the preliminary plat.
a.
Proposed name of the subdivision and location.
b.
Names and addresses of the owner, developer, land planning consultant,
and the engineer, registered land surveyor, or draftsman who prepared
the plat.
c.
Streets and rights-of-way on and adjoining the site of the proposed
subdivision; showing the names and including rights-of-way widths;
approximate gradients; types and width of pavement, curbs, sidewalks,
planting strips, and other pertinent data.
d.
All lot lines adjacent to and abutting the subdivision.
e.
Layout of lots, showing approximate dimensions and numbers.
f.
Parcels of land proposed to be dedicated or reserved for schools,
parks, playgrounds, or other public, semi public, or community purposes.
g.
Easements, existing and proposed, showing locations, widths, and
purposes.
h.
Building setback or front yard lines and dimensions.
i.
Location and size of nearest water main, sewer outlet, and other
pertinent utilities.
j.
Location, type, and approximate size of utilities to be installed.
k.
Tract boundary lines showing dimensions, bearings, angles, and references
to known land lines.
l.
Contours at vertical intervals of two (2) feet, if the general slope
of the site is less than sixteen percent (16%) and at vertical intervals
of five (5) feet if the general slope is sixteen percent (16%) or
greater.
m.
Tree masses and all individual trees having a caliper of 12" or greater.
Key plan, legend, and notes.
n.
Location of existing structures.
o.
A preliminary outline of the deed restrictions and covenants that
would be placed upon the subdivision.
p.
Landscaping plans and proposed limits on the location and intensity
of signs, advertising, and off-street parking shall be included in
the case of a proposed subdivision for industrial or commercial.
q.
Scale, north arrow, and date. Scale shall not be less than one (1)
inch equals one hundred twenty-five (125) feet.
3.
Six (6) black or blue line drawings of the preliminary plat shall
be submitted along with at least two (2) eight and one-half (8½)
inch by eleven (11) inch, or eleven (11) inch by seventeen (17) inch
reproductions.
B.
Record Plat.
1.
The record plat shall be provided by the developer and shall meet
all or part of the following requirements as deemed necessary and
approved by the Planning and Zoning Commission. A listing of all omitted
items shall be signed by the Chairman of the Planning and Zoning Commission
and attached to the record plat. The record plat shall include all
or only a part of area shown on a preliminary plat which has received
approval.
2.
The original drawings of the record plat shall be drawn on mylar
or new linen tracing cloth with waterproof black India ink to a scale
not less than one (1) inch equals one hundred twenty-five (125) feet.
Seven (7) black or blue line prints, three (3) reproducible mylar
or film positives of the record plat and two (2) eight and one-half
(8½) inch by eleven (11) inch or eleven (11) inch by seventeen
(17) inch reproductions of the proposed record plat shall be submitted.
Prints filed with the City shall include one (1) reproducible copy
and one (1) black or blue line print as approved by the City and filed
with the St. Francois County Recorder of Deeds.
3.
All elevations shall be referenced to the established datum and the
said reference shall be clearly stated on all plats or drawings showing
such datum, providing bench marks are located within a reasonable
distance.
4.
All dimensions shall be shown in feet and decimals of a foot.
5.
The title shall be placed in the lower right corner and a suitable
border line be placed on all tracings with a margin of not less than
one-half (½) inch on all sides.
6.
All surveys for a record plat shall be made under the active and
personal direction of a registered professional engineer or a registered
land surveyor in Missouri, and shall include all of the following
basic information:
a.
Accurate boundary lines, with dimensions and bearings or angles,
which provide a survey of the tract, closing with an error of closure
of not more than one (1) foot in five thousand (5,000) feet. Coordinates
shall be established for all property corners.
b.
Accurate distances and directions to the nearest established street
corner or official monuments. Reference corners shall be accurately
described on the record plat.
c.
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract, shown by heavy solid lines.
d.
Accurate metes and bounds description of the boundary and the included
area to the nearest one-hundredth (1/100) of an acre.
e.
Right-of-way line of streets, easements, and other rights-of-way,
and property lines of lots and other tracts, with accurate dimensions,
bearings, and curve data, including radii, arcs and chords, points
of tangency, and central angles.
f.
Name and right-of-way width for each street or other right-of-way.
g.
Location, dimensions, and purposes of any easement shown by light
dashed lines.
h.
Number to identify each lot or site.
i.
Purpose for which sites, other than residential lots, are dedicated
or reserved.
j.
Building setback of front yard lines and dimensions.
k.
Floor elevation and siting of each proposed building.
l.
Location, type, material, and size of all monuments and lot markers,
including elevations related to mean sea level as established by the
U.S. Geological Survey.
m.
Names of owners and mortgagees accepting said plat, with owner or
owners personally signing all plans or drawings.
n.
Names of record owners of adjoining unplatted land, shown by medium
dashed and two (2) dotted lines.
o.
Reference to recorded subdivision plats of adjoining platted land
by record name, date and number, shown by medium dashed and two (2)
dotted lines.
p.
Restrictions of all types which will run with the land and become
covenants in the deeds for lots. Restriction lines shall be shown
by medium dashed lines.
q.
Title, north arrow, scale, and date.
r.
Certification by registered surveyor or registered professional engineer
with registration number and seal affixed to all documents of the
record plat.
s.
Certification by the registered surveyor or registered professional
engineer stating that all lots conform to the requirements of the
zoning district in which it is located.
t.
Certificate of dedication of all public areas.
u.
Certificates by the Tax Collector that all taxes due have been paid.
v.
Certificate for approval by the Planning and Zoning Commission.
w.
Certificate for approval by the City Council.
C.
Boundary Adjustment. Ten (10) copies of a drawing and certified
land survey, prepared by a land surveyor registered in the State of
Missouri, shall be submitted on paper not less than eight and one-half
(8½) inches by eleven (11) inches in size showing the following:
1.
A legal description provided by a registered land surveyor of both
the original lot and each of the proposed lots.
2.
North arrow and graphic scale.
3.
Location of existing buildings, rights-of-way, easements, utilities
and adjoining property.
4.
Name, address, and telephone number of the owner(s) of record and
a copy of the deeds of record.
5.
Certificate from the Tax Collector showing that there are no delinquent
taxes outstanding.
6.
Verification of proper placement of survey monuments.
7.
Certificate of compliance from Planning Administrator.
D.
Improvement Plans And Specifications.
1.
Improvement plans and specifications shall be submitted which comply
with the requirements of this Chapter. The plans and profiles of all
streets, sanitary sewers, water lines, storm and drainage structures
together with their drainage area as required by the Stormwater Management
Ordinance shall be prepared on standard plan and profile sheets and
shall bear the seal and signature of the registered professional engineer
responsible for their preparation.
2.
A cross section of the proposed streets shall be included showing
the widths of rights-of-way, location and width of sidewalks, and
the location of underground utilities. The plans shall show the lines
of all proposed street lights. The plans, cross sections, and specifications
for the proposed improvements shall be submitted to and approved by
the appropriate City staff prior to referral of the record plat to
the Planning and Zoning Commission and City Council. Six (6) black
or blue line prints of the approved documents shall be included with
the record plat submission. After the completion of the construction
of the improvements, a set of reproducible prints showing the as-built
details and changes, if any, shall be filed with the City Engineer.
E.
Development Permit.
1.
General. A development permit shall be obtained
prior to the commencement of construction of improvements or any developmental
activity.
2.
Applications. The application for development permit
shall be made by the owner, or authorized agent of the owner such
as the registered design professional employed in connection with
the proposed work.
3.
All applications shall be approved as to form by the Planning Administrator,
and shall contain information including but not limited to the following.
a.
Name, address, and telephone of the applicant.
b.
Legal description of the affected parcel of land, approximate street
location, or address, the zoning district in which it is located,
and a copy of the deed to the property as filed with the St. Francois
County Recorder of Deeds.
c.
A description of the work.
d.
Signature of the applicant, and date.
e.
Copies of improvement plans.
4.
Procedure.
a.
The Planning Administrator shall review the application for completeness
and refer the requested improvements to the appropriate City staff.
The City staff reviewing the improvement plans shall approve or disapprove
the improvement plans in writing. Copies of the approval or disapproval
of improvement plans shall filed with the Planning Administrator.
The Planning Administrator shall issue a Development Permit as soon
as practicable after all work proposed conforms to the requirements
of this Chapter and all other applicable local, State and Federal
requirements. The Planning Administrator's signature shall be attached
to every permit.
b.
The Planning Administrator shall revoke a development permit or approval
issued under the provisions of this code in case of any false statement
or misrepresentation of fact in the application or on the plans on
which the permit or approval was based.
c.
A true copy of the development permit shall be kept on the site of
operations, open to public inspection during the entire time of prosecution
of the work and until the completion of the same.
5.
Conditions of permit. The development permit shall
be a license to proceed with the work describe in the improvement
plans and application and shall not be construed as authority to violate,
cancel or set aside any of the provisions of this Chapter, except
as specifically stipulated by legally granted variance. Any amendments
to the approved plans shall be reviewed and approved by the appropriate
City staff.
6.
Site plans. All work shall also be performed in
accordance with any approved Site Plan(s) for the development.
F.
Display Housing.
1.
A display housing plat shall meet the requirements for a preliminary
plat.
2.
The plat shall also show the location, size, access and parking for
the proposed housing; any conditions of the Planning and Zoning Commission
or City Council; and any other information necessary to determine
compliance with the applicable requirements.
[Ord. No. 11-2F §1 Art. VII, 8-19-2002; Ord. No. 11-2F1 §1, 6-16-2003; Ord. No. 11-2F2 §2, 3-22-2004; Ord. No. 11-2I 40 §1, 1-16-2006; Ord. No. 11-2F 4 §1, 4-25-2007]
A.
All
subdivision design or development hereafter shall be in accordance
with the requirements of the following Sections.
1.
General. The subdivision plan shall conform to the
design standards that will encourage good development patterns and
particularly to the principles and standards which are exhibited in
the Comprehensive Plan. The streets, drainage rights-of-way, school
sites, public parks and playgrounds, and other public facilities shown
on the officially adopted Comprehensive Plan shall be considered in
the approval of subdivision plats.
2.
Streets. The street layout of the subdivision shall
be in general conformity with a plan for the most advantageous and
aesthetically pleasing development of the entire neighborhood, including
adjoining areas. Where appropriate to the design, streets shall be
continuous and in alignment with existing planned or platted streets
which are to connect.
Street classifications shall be limited to five (5) categories
in accordance with Table H, at the end of this Title, and the following.
Primary Arterials.
Secondary Arterials.
Marginal Access.
Collector.
Local.
a.
Streets and traffic control. Streets and traffic
control shall be in general conformance with the Manual on Uniform
Traffic Control Devices.
b.
Right-of-way. Rights-of-way widths of the above
listed streets shall conform to the dimensions specified in Table
H, at the end of this Title.
c.
Layout. The street and alley layout provide access
to all lots and parcels of land within the subdivision.
d.
Intersections. Proposed streets shall intersect
one (1) another as nearly at right angles as topography and other
limiting factors of good design permit.
e.
Alignment. Street jogs with centerline offsets of
less that one hundred twenty-five (125) shall be avoided.
f.
Turnaround provisions. Dead-end travel distance
shall not exceed one hundred fifty (150) feet, without turnaround
provisions complying with Table H, at the end of this Title.
g.
Temporary turnaround provisions. Except as otherwise
provided herein, temporary dead-end streets may be approved where
necessitated by the layouts of the subdivision or staging of development,
provided that temporary unpaved turnarounds shall be constructed where
lots are fronting on such temporary dead-end street. The additional
width of the right-of-way required for such temporary turnaround shall
be the same as that required for permanent turnarounds. The extra
right-of-way in excess of the street right-of-way shall be vacated
upon extension of the temporary street and the reconditioning of said
street and front yards concerned shall be at the expense of the developer.
h.
Cul-de-sacs shall have a minimum right-of-way of one hundred (100)
feet. Cul-de-sacs shall not be permitted for Commercial and Industrial
developments.
i.
Traffic circulation. Certain proposed streets, where
appropriate, shall be extended to the boundary of the tract to be
subdivided so as to provide for normal circulation of traffic within
the vicinity.
j.
Topographical considerations. Proposed streets shall
be adjusted to the contour of the land so as to produce usable lots
and streets of reasonable gradient.
k.
Continuity of right-of-way. Wherever there abuts
the tract to be subdivided a dedicated or platted and recorded half-width
street or alley, the other half-width of such street or alley shall
be platted such that the ultimate right-of-way conforms to the minimum
standards set forth in this Chapter.
l.
Reserve strips. Reserve strips controlling access
to streets shall be prohibited except where their control is definitely
placed as approved by the City Council under conditions approved by
the Planning and Zoning Commission.
m.
Street intersections. At the intersection of streets
the property line shall be rounded by arcs with radii of not less
than twenty (20) feet, or chords of such arcs. At the intersections
of streets and alleys, the property line corners shall be rounded
by arcs with radii of not less than fifteen (15) feet or chords of
such arcs. Intersection of more than two (2) streets at one (1) point
shall be avoided.
n.
Special streets. Where parkways or special types
of streets are involved, the Planning and Zoning Commission shall
apply special standards to be followed in the design of such parkways
or streets.
o.
Marginal access streets. Whenever the subdivision
contains or is adjacent to a railroad right-of-way or a highway designated
as a "Limited Access Highway" by the appropriate highway authorities,
provision shall be made for a marginal access street, or a parallel
street at a distance acceptable for the appropriate use of the land
between the highway or railroad and such streets.
p.
Horizontal visibility. Horizontal visibility on
curved streets and vertical visibility on all streets shall be maintained
along the center lines as follows:
Primary and secondary arterials: five hundred (500) feet.
Collector and marginal access: three hundred (300) feet.
Local streets: one hundred fifty (150) feet.
q.
Sight distances. Minimum sight distances at street
intersections shall be as determined in the Farmington Guidelines
for Evaluating the Need for Intersection Control Devices.
r.
Horizontal curvatures. Horizontal curvatures measured
along the center line shall have a minimum radius as follows:
|
|
Primary and secondary arterials: five hundred (500) feet.
|
|
|
Collector marginal access: three hundred (300) feet.
|
|
|
Local streets: one hundred fifty (150) feet.
|
s.
Changes in grade. All changes in grade shall be
connected by vertical curves of sufficient radii provide smooth transitions
and required sight distances.
t.
Reversed curves. Between reversed curves on primary
and secondary arterial streets there shall be a tangent of not less
than one hundred (100) feet and on collector and local streets such
tangent shall be not forty (40) feet.
u.
Street grades. Maximum grades for streets shall
be as follows:
v.
The minimum grade of any street gutter shall not be less than seventy-five
hundredths of one percent (0.75%).
w.
Street names. Street names shall be in general conformance
with Table I, at the end of this Title. No street shall have a name
which will duplicate or nearly duplicate name which could be confused
with the name of an existing street; unless the proposed street will
extend or align with an existing street, in which case the duplication
shall be mandatory.
|
|
Washington Street and any streets generally parallel with Washington
Street and intersected by Columbia Street shall have "North" and "South"
prefixes assigned to the respective portions north and south of Columbia
Street.
|
|
|
Columbia Street and any streets generally parallel with Columbia
Street and intersected by Washington Street shall have "East" and
"West" prefixes assigned to the respective portions east and west
of Washington Street.
|
x.
Alleys. Alleys shall be discouraged in residential
areas but shall be included in commercial and industrial areas where
needed for loading and unloading or access purposes; and, where platted,
shall be at least twenty (20) feet in width. Dead-end alleys shall
be avoided where possible, but if unavoidable, shall be provided with
adequate turnaround facilities at the dead-end, as determined by the
Planning and Zoning Commission.
y.
Right-of-way for expansion. Where a subdivision
is proposed that fronts on an existing county-maintained road the
property developer or property owner shall convey the necessary right-of-way
to the City for expansion of the road in accordance with the existing
or future classification of the street, at the discretion of the City.
z.
Access on major streets.
(1)
No access shall be permitted on any major street designated
in the Comprehensive Plan or any proposed major street except Fire
Department access roads, parking lot access, local streets or other
major streets.
(2)
Driveways or curb cuts on major streets for existing residential,
commercial or industrial lots shall be permitted to remain in use
and may be relocated in accordance with all other zoning and subdivision
regulations but no additional accesses shall be permitted.
(3)
A curb cut or drive complying with all other zoning and subdivision
regulations shall be permitted for each existing residential lot located
exclusively on one (1) or more major streets.
(4)
Where an existing residential lot is located on more than one
(1) major street, the curb cut or drive shall be on the street of
the lowest classification.
(5)
Parking access shall not be permitted on a major street when
access to a local street is available. Where a lot requiring parking
access is located on more than one (1) major street, the curb or drive
shall be on the street of the lowest classification.
(6)
Access on State highways.
(a)
No access shall be permitted on any route maintained by the
Missouri Department of Transportation unless the appropriate permit
or other appropriate documentation has been obtained from the Missouri
Department of Transportation.
(b)
A copy of the appropriate permit or other appropriate documentation
from the Missouri Department of Transportation shall be submitted
to the City whenever applicable prior to approval of any plat, plan
or permit by the City.
3.
Blocks.
a.
Blocks shall not exceed one thousand two hundred fifty (1,250) feet
in length, unless unusual circumstances justify greater length.
b.
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, primary or secondary arterial street, or railroad
right-of-way.
c.
Blocks shall fit easily into the over-all plan of the subdivision
and their design shall be consistent with the consideration of lot
planning, traffic flow, and public areas.
d.
Within blocks of over seven hundred (700) feet in length, the Planning
and Zoning Commission may require, or at near the middle of the block,
a walk connecting adjacent streets or other public areas, shopping
centers, etc. Width of right-of-way for such walks shall be at least
ten (10) feet and shall be intended for the use of pedestrians only.
4.
Lots.
a.
All lots shall abut on a street or right-of-way.
b.
Side lines of lots shall be at approximately right angles to straight
streets and on radial lines on curved streets. Some variation from
this rule is permissible, but pointed or very irregular lots shall
be avoided.
c.
Double frontage lots shall not be platted, except that where desired
along primary or secondary arterial streets, lots may face on an interior
street and back on said street. In that event, a planting strip, or
a planting screen, at least twenty (20) feet in width, shall be provided
along the rear of the lot.
d.
Minimum lot areas, widths, building setback lines, and parking requirements
shall be as provided in the Zoning Ordinance for the district in which
the subdivision is located within the incorporated area of the city.
e.
Whenever possible, a unit shopping center, based on sound development
standards, shall be designated in contrast to the platting of lots
for individual commercial use.
f.
Lot size requirements and setbacks shall conform to all provisions
of the Zoning Ordinance for the district in which the subdivision
is located within the incorporated area of the city.
g.
Adequate buffer areas shall be designated where required in accordance
with the requirements of the Zoning Ordinance for screening.
5.
Easements.
a.
Where necessary, easements for utilities shall be provided. Such
easements shall have a minimum width of fifteen (15) feet, and where
necessary, easements of fifteen (15) feet in width shall be located
along side lot lines and extend from the front to the rear lot lines.
One-half (½) the width shall be taken from each lot. Before
determining the location of easements the plan shall be discussed
with the local utility companies to assure the proper placing for
the installation of services.
b.
Whenever a subdivision is traversed by a water course, drainage way,
channel, or stream, there shall be provided a drainage right-of-way
or easement which shall be for the purpose of widening, improving,
or protecting the stream at the developer's expense. The width of
the drainage right-of-way shall be adequate for any necessary channel
relocation or straightening and shall be reviewed by the City Engineer
and shall relate as closely as possible to the requirements of the
Comprehensive Plan. Parallel streets or marginal access streets may
be required in connection therewith.
7.
Topography, natural vegetation and flooding.
a.
In the subdividing of any land within the jurisdiction, due regard
shall be shown for all natural features, such as tree growth, water
courses or other similar elements which, if preserved, would add attractiveness
to the proposed development.
b.
The natural topography shall be retained wherever possible in order
to reduce excessive run-off onto adjoining property and to avoid extensive
regarding of the site.
c.
Floor elevations of all buildings shall be carefully studied in relation
to existing topography, proposed street grades, existing 12" and over
caliper trees, and other pertinent site features.
d.
Consideration shall be given to varying the setback line required
in the zoning district where the subdivision is proposed in order
to retain, wherever possible existing topography, rock formations,
and large trees.
e.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as rock formations, flood
conditions, or similar circumstances, the Commission shall be permitted
to withhold approval of such lots.
[Ord. No. 11-2F §1 Art. VIII, 8-19-2002; Ord. No. 15-10G §1, 6-5-2008]
A.
All
utility, stormwater, street and other improvements designed and constructed
shall be provided by the developer in accordance with the standards
and requirements described in the following Subsections:
1.
Streets. The streets shall be surfaced to a minimum
width according to the type of street as specified in Table H, at
the end of this Title. Design characteristics of street surfaces shall
be in accordance with Table I, at the end of this Title and this Section.
Street surfacing on pavement shall be restricted to the following
two (2) types:
|
|
Portland Cement Concrete surface with curb and gutter.
|
|
|
Asphalt Concrete pavement with curb and gutter.
|
a.
Street construction shall comply with the Missouri Highway and Transportation
Standard Specifications where required.
b.
The streets shall be graded, surfaced and improved to the dimensions
required by the cross-sections and work shall be performed in the
manner prescribed in the current edition of the Missouri State Highway
Department specifications and the applicable ordinances and specifications
of the City of Farmington. Streets shall be surfaced to a minimum
width of twelve (12) feet for each traffic lane and eight (8) feet
in width for each parking lane. Alleys, within the business district,
shall be surfaced to a minimum of sixteen (16) feet.
c.
The street surface shall be of Portland Cement Concrete or a flexible
pavement, and shall be constructed in accordance with design characteristics
at least equal to those given below and specifications approved by
the appropriate City staff. The design characteristics shown are only
given as a minimum guideline. The pavement characteristics shall be
designed based on the projected use of the specific subdivision. Design
calculations shall be submitted with the project plans and specifications.
d.
All intersections shall be of uniform thickness one (1) inch greater
than the maximum thickness of the two (2) intersecting streets.
e.
Asphalt pavement shall be of full depth design consisting of a wearing
course and asphalt base on approved sub-base material. The design
period for the pavement shall be twenty (20) years.
f.
Sub-base material to be coarse aggregate containing ten (10) to twenty
(20) percent fines, maximum aggregate size two-thirds (⅔) of
sub-base depth or good sub-base soil, where approved by the appropriate
City staff.
All thickness shown in Table J, at the end of this Title are
compacted thickness. All intersections shall be of the maximum thickness
of the two (2) intersecting streets as shown in table, plus one-half
(½) inch of additional asphalt base.
g.
Prior to the construction of street or alley pavements adequate surface
drainage facilities and subsurface drainage facilities where required
shall be installed by the developer. Pipe used for drainage purposes
shall be of bituminous coated or galvanized corrugated metal, reinforced
concrete, corrugated high density polyethylene per ASTM F2306 or extra
strength vitrified clay of an approved design, size and strength to
meet the requirements of the specified conditions which may be encountered.
All pipe culverts shall be sized and specified by a registered professional
engineer.
h.
All construction shall be completed in accordance with the specific
conditions in the agreement for improvements and the accepted plans
and specifications and in a manner acceptable to the authorities having
jurisdiction. When changes from the accepted plans and specifications
become necessary during construction, written approval from the appropriate
City staff or authorities having jurisdiction shall be secured prior
to the execution of such changes.
i.
Adequate provision for the maintenance of all street improvements
shall be made by dedication to and acceptance for maintenance by the
local authorities having jurisdiction or by any suitable means.
2.
Curbs and gutters.
a.
Curbs and gutters shall be constructed in accordance with the latest
edition of the specifications of the Missouri Highway and Transportation
Commission and the ordinances and specifications of the City of Farmington.
They shall be constructed of Portland Cement Concrete and to the cross
section configuration shown in Table H and Table J, at the end of
this Title.
b.
Curb construction for concrete pavements may be integral, but roll-type
curbs are not permitted in industrial or commercial areas.
c.
All plans for the installation of the curb and gutter shall be subject
to approval by the appropriate City staff and the Planning and Zoning
Commission.
d.
All driveway entrances on corner lots shall be no closer than the
minimum building line of thirty-five (35) feet.
3.
Sidewalks.
a.
The construction of sidewalks will be required to provide pedestrian
access to facilities. The extent of sidewalks within the subdivision
shall be determined by the Planning and Zoning Commission and approved
by the City Council. Sidewalk construction shall be in accordance
with the latest edition of the specifications of the Missouri Highway
and Transportation Commission, and the ordinances and specifications
of the City of Farmington.
b.
Sidewalks shall be of Portland Cement Concrete, minimum thickness
of four (4) inches and a minimum width of five (5) feet. Expansion
joint material shall be placed a maximum of ten (10) feet apart with
control joints placed equidistant between. Finish shall be by wood
or mag float with all edges and joints tooled. Cross slope shall be
one-fourth (¼) inch per foot minimum to one-half (½)
inch per foot maximum. Location of walks shall be as shown in Table
H, at the end of this Title.
4.
Sewage disposal and water supply.
a.
The developer shall provide for the disposal of sewage within the
subdivision in accordance with all applicable local, State and Federal
requirements. Where a public sanitary sewer main is determined to
be reasonably accessible by the appropriate City staff and the Planning
and Zoning Commission, the developer shall provide the subdivision
with a complete sanitary sewer system, including a lateral connection
for each lot, connected to such sewer main and all necessary construction
requirements, such as lift stations, shall be the responsibility of
the developer in conjunction with individual situations as approved
by the appropriate City staff and City Council and shall comply with
the Regulations of the Missouri Clean Water Commission.
b.
All plans and specifications for public and local sewage disposal
and water supply systems shall be prepared for the developer by a
registered professional engineer in Missouri in accordance with the
requirements of the Missouri Department of Natural Resources and the
ordinances and specifications of the City of Farmington.
c.
The developer shall provide the subdivision with a source of water
for domestic use by a complete loop type water distribution system
adequate to serve the area being platted, including a connection for
each lot, and fire hydrants spaced not more than six hundred (600)
feet apart and with water mains a minimum of six (6) inches in diameter.
6.
Public utilities.
a.
Installation of public utilities shall comply with all applicable
ordinances and specifications of the City of Farmington and the following.
b.
All underground utility lines for telephone shall be placed in all
subdivisions in accordance with the provisions specified in the Missouri
Public Service Commission Act.
c.
Where gas, telephone and/or electric service lines are to be placed
underground throughout the subdivision, the mains, lines, cables and/or
conduit shall be located within easements or public rights-of-way
in separate trenches, in a manner and a place approved by the City.
Furthermore, all controls, valves, transformers and/or terminal boxes
shall be located so as not to be unsightly or hazardous to the public.
d.
When carried on overhead poles, all utility lines for telephone and
electric service shall be provided for with rear and/or side lot line
easements.
e.
All excavations for public utilities made under paved areas shall
be properly backfilled with approved granular materials thoroughly
compacted in place, street repairs shall be completed to restore surface
quality as approved by the City Engineer. All such repairs on reconstruction
shall be at the expense of the utility involved.
7.
Street lighting. Street lighting will be installed
by the City for adequate lighting of City streets.
8.
Street signs.
a.
Appropriate street signs of aluminum extrusions with reflectorized
lettering mounted on aluminum posts and as specified by the City shall
be furnished and installed by the City at all street intersections
on diagonally opposite corners so that they will be located on the
far right hand side of the intersection for traffic on all streets.
Signs indicating both streets shall be erected at each location mounted
as close to the corner as practical, facing traffic on the cross street,
with the nearest portion of each sign not less than one (1) foot nor
more than ten (10) feet back from the curb line.
b.
All street addresses posted shall be assigned by the City of Farmington.
9.
Landscape development.
a.
All unpaved or otherwise unimproved areas within the public rights-of-way
or public use areas shall be graded and seeded in a manner and of
materials approved by the Planning and Zoning Commission.
b.
In informal types of street patterns, informal planting of street
trees in accordance with an approved landscape development plan may
be permitted. In no case shall trees be planted in an area which may,
in the opinion of the City Engineer, result in conflicts to underground
service utilities.
10.
Monuments and markers. Markers shall be set:
a.
At the intersection of all lines forming angles in the boundary of
the subdivision.
b.
At the intersection of street property lines and at the beginning
and end of all curves along street property lines.
c.
In slope areas at principal changes in alignment in the boundary
of the subdivision.
d.
At all points where lot lines intersect street right-of-way lines.
e.
At all angles in the lot property lines.
f.
At all other lot corners.
|
|
Markers shall consist of galvanized steel or wrought iron pipe
or steel bars at least eighteen (18) inches in length and three-quarters
(¾) of an inch in outside diameter.
|
|
|
Monuments and markers shall be provided by the developer and
so placed that the center point shall coincide with the intersection
of lines to be marked and the top level with the surface of the surrounding
ground after final grading.
|
11.
Privately developed facilities. Where the subdivision
is to contain streets sewers, sewage treatment facilities, water supply
system, stormwater facilities, park areas or other improvements or
facilities which will not be maintained by existing public agencies,
provision shall be made by trust agreement, which is a part of the
deed restrictions and which is acceptable to the proper public agencies
for jurisdiction over the continuous maintenance, supervision, operation
and reconstruction of such facilities by the lot owners in the subdivision.
Other restrictions not inconsistent or in conflict with the provisions
of this and other ordinances of the City may also be included.
[Ord. No. 11-2F §1 Art. IX, 8-19-2002; Ord. No. 11-2I 14 §§7, 9, 5-17-2004; Ord. No. 11-2I 40 §1, 1-16-2006; Ord. No. 11-2I 53 §1, 2-27-2007; Ord. No. 11-2I 84 §2, 6-6-2012]
A.
All
improvements required by this Title shall be completed prior to approval
of the final plat.
B.
In
lieu of completion of the improvements required by this Title prior
to the approval of the final subdivision record plat, the City shall:
1.
Accept a bond, escrow, or irrevocable letter of credit in an amount
and with surety and other reasonable conditions, providing for and
securing the actual construction cost plus twenty percent (20%).
2.
Require the installation of the improvements required by this Title
be completed within two (2) years, or a period otherwise specified
and approved by the City Council on the final subdivision record plat
and expressed by the bond, escrow, or irrevocable letter of credit;
provided that the release of such bond, escrow, or irrevocable letter
of credit by the City shall be in accordance with this Title. The
City may enforce the bond, escrow, or irrevocable letter of credit
by all appropriate legal and equitable remedies.
C.
Notwithstanding Subsection (B) of this Section, prior to the completion of the improvements required by this Title, a special tax assessment or other method may be used by the City to secure the cost of said improvements and to provide that the City is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision.
D.
Upon
completion of the actual construction and installation of each component
of the public or private infrastructure or improvements and prior
to the final subdivision record plat, or release of the bond, escrow,
or irrevocable letter of credit, the owner or developer shall submit
the following:
1.
The owner or developer shall submit a written request for the City
to accept responsibility for the maintenance and repair of the improvements.
Upon successful completion of the improvements and acceptance of the
maintenance bond, the City Council by resolution, may choose whether
to accept responsibility for the maintenance and repair of the improvements
upon completion of the specified warranty period.
2.
The owner or developer shall furnish to the City a maintenance bond
equal to fifty percent (50%) of the construction cost of said improvements,
said maintenance bond shall be conditioned that improvements shall
endure without need of repairs for a period of two (2) years, said
maintenance bond shall be on the form as provided by the City of Farmington.
3.
Within the time period prescribed by the maintenance bond, the property
owner or developer, as ordered by the City, shall repair, replace,
or rebuild such portions of the work which are found to be faulty
because of materials, workmanship, or if said improvements do not
comply with this Title. The owner or developer shall begin the remedial
work not later than fifteen (15) days after the order from the City.
In case the property owner or developer does not start the remedial
work within the above time limit, or in case of an emergency condition
caused by faulty work, the City may take the remedial action and charge
the cost thereof against the property owner or developer and his/her
surety.
4.
Sixty (60) days prior to the expiration of the maintenance bond,
an inspection of the bonded improvements shall be made by the City
and if improvements are without need of repairs, the City shall release
the maintenance bond and assume the responsibility of maintenance
of the improvements.
5.
A certification letter signed by the registered professional engineer
responsible for the design and required inspection of the improvements
required by this Title shall be presented to the City stating that
the improvements have been inspected and constructed in compliance
with the approved plans, project specifications and all ordinances
of the City of Farmington.
6.
At least one (1) reproducible print of all completed improvements,
and two (2) paper copies.
7.
Geospatial coordinates of all infrastructure and development improvements,
subdivision plats, boundary adjustments, and annexation surveys in
a form approved by the City. The approved geospatial coordinate system
file format shall consist of an AutoCAD drawing file based on spatially
correct representations of the Missouri Coordinate System 1983, Central
Zone, Transverse Mercator projection of the North American Datum of
1983 (NAD 83).
E.
Notwithstanding Subsection (B), any escrow amount held by the City to secure actual construction and installation on each component of the improvements shall be released within sixty (60) days of completion of each category of improvement or utility work to be installed, minus a retention of twenty percent (20%) which shall be released upon completion of all improvements and utility work. The release shall be deemed effective when the escrow funds are duly posted with the United States Postal Service or other agreed-upon delivery service or when the escrow funds are hand delivered to an authorized person or place as specified by the owner or developer.
F.
If
the City does not release the escrow funds within sixty (60) days,
the City shall pay the owner or developer, in addition to the escrow
funds due, any interest earned on said funds by the City calculated
from the expiration of the sixty (60) day period until the escrowed
funds have been released.
[Ord. No. 11-2F §1 Art. X, 8-19-2002; Ord. No. 11-2I 77 §§3 — 4, 11-28-2011]
A.
General.
1.
Variance requests and appeals to the Board of Adjustment may be filed
by any persons aggrieved, or neighborhood organization as defined
in Section 32.105, RSMo., representing such persons, or by an officer,
department, or any board, of the City of Farmington affected by any
decision of the Planning Administrator or the Planning and Zoning
Commission. Such variance or appeal shall be petitioned within thirty
(30) days of such decision by filing with the Planning Administrator
and with the Board of Adjustment an application specifying the grounds
thereof. The Planning Administrator shall forthwith transmit to the
Board all the papers constituting the record upon which the action
appealed from is taken.
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Planning Administrator certifies to the Board after
the notice of appeal shall have been filed with him/her that by reason
of facts stated in the certificate a stay would, in his/her opinion,
cause imminent peril of life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Adjustment or a court of record on application
or notice to the Planning Administrator.
B.
Notice For Hearing.
1.
An application requesting appeal or variance shall be filed with
the Planning Administrator at least thirty (30) prior to any regular
hearing date, unless otherwise approved by the Planning Administrator.
The Planning Administrator shall review the application, and refer
the matter to the Board of Adjustment, when the application is determined
to be complete.
2.
The request shall be set for public hearing before the Board of Adjustment
within sixty (60) days. The Planning Administrator shall cause public
notice to be published in a newspaper of general circulation within
the City, not less than fifteen (15) days prior to said hearing. The
notice shall include the legal description of the affected parcel
of land, the approximate street location or address, and the zoning
district in which it is located; the time place, and location of the
hearing; the name of the person or persons; whether the request is
for a variance, or appeal, and any relief sought from requirements
of the this Chapter.
3.
The Planning Administrator shall cause a written notice to be sent
by ordinary mail to all owners of contiguous property listed in the
application for appeal or variance. The notice shall include the legal
description of the affected parcel of land, the approximate street
location or address, and the zoning district in which it is located;
the time place, and location of the hearing; the name of the person
or persons; whether the request is for a variance, or appeal, and
any relief sought from requirements of this Chapter.
C.
Applications. All applications shall be approved as to form
by the Planning Administrator, and shall contain information including
but not limited to the following.
1.
Name, address and telephone of the applicant.
2.
Legal description of the affected parcel of land, approximate street
location, or address, the zoning district in which it is located,
and a copy of the deed to the property as filed with the St. Francois
County Recorder of Deeds.
3.
Whether the request is for a variance or appeal; and any relief sought
from the requirements of this Chapter.
4.
A list of the names and addresses of all owners of contiguous property.
5.
Signature of the applicant, and date.
6.
At least two (2) copies of a plot or site plan of the property.
7.
All applications shall be accompanied by a fee of two hundred dollars
($200.00), plus any costs incurred by the City for publication of
the hearing notice, notification of property owners, and recording
fees as required by law. No fee will be refunded for failure of any
matter to be decided in the favor of the applicant.
D.
Appeals From The Board's Decision.
1.
Any persons jointly, or severally, or neighborhood organization as
defined in Section 32.105 RSMo., representing such persons aggrieved
by any decision of the Board of Adjustment or any officer, department,
board or bureau of the City of Farmington may present to the Circuit
Court having jurisdiction in St. Francois County, a petition, duly
verified, stating that such decision is illegal in whole or in part,
specifying the grounds of the illegality and asking for relief therefrom.
Such petition shall be presented to the Court within thirty (30) days
after the filing of the decision in the office of the Board. All issues
in any proceedings under Sections 89.080 to 89.110, RSMo., shall have
preference over all other civil actions and proceedings.
2.
Upon the presentation of such petition, the Court may allow a writ
of certiorari directed to the Board for review of the data and records
acted upon or it may appoint a referee to take additional evidence
in the case. The Court may reverse or affirm or may modify the decision
brought up for review.
3.
Costs shall not be allowed against the Board, unless it shall appear
to the Court that it acted with gross negligence or in bad faith or
with malice in making the decision appealed from.
[Ord. No. 11-2F §1 Art. XI, 8-19-2002]
All such plats of subdivisions, after the same have been submitted
and approved, and filed with the St. Francois County Recorder of Deeds,
shall be filed in a book of plats of the City of Farmington and shall
be filed and kept by the City among the records of the City.
[Ord. No. 11-2I 42 §1, 2-20-2006]
No land owner located within the platting jurisdiction of the
City of Farmington may knowingly transfer land by reference to or
by other use of a plat or any purported subdivision of the land before
the plat has been approved by the Planning Commission and recorded,
unless the owner discloses in writing that such plat has not been
approved by the Commission and the sale is contingent upon such approval.
[1]
Editor's Note — Ord. no. 11-2I 42 §1, adopted March
20, 2006, repealed section 410.120, "certain acts prohibited" and
enacted new provisions set out herein. Former section 410.120 derived
from ord. no. 11-2F §1 art. XII, 8-19-2002; ord. no. 11-2I 12
§7, 12-15-2003; ord. no. 11-2I 14 §7, 5-17-2004.
[Ord. No. 11-2F §1 Art. XIII, 8-19-2002]
A.
The
Planning Administrator shall be responsible for the general administration
and enforcement of this Chapter.
B.
The
Planning Administrator and Planning and Zoning Commission may establish
rules and procedures deemed necessary for the proper enforcement of
this Chapter. No such rules or procedure shall have the effect of
a variance of the provisions of this Chapter.
[Ord. No. 11-2F §1 Art. XIV, 8-19-2002]
If any Section, Subsection, sentence, clause or phrase of this
Chapter is for any reason held to be unconstitutional, such decision
shall not effect the validity of the remaining portions of this Chapter.
[Ord. No. 11-2F §1 Art. XV, 8-19-2002; Ord. No. 11-2I 42 §1, 2-20-2006]
A.
Violation
of this Chapter shall be punishable by a fine not exceeding five hundred
dollars ($500.00) or by imprisonment in the County Jail not exceeding
three (3) months or by both such fine and imprisonment. Each day any
violation of this Code or any such ordinance, rule, regulation or
order shall continue shall constitute, except where otherwise provided,
a separate ordinance violation.
B.
When
a sentence for violation of any provision of this Code or other ordinance
of the City or for violation of any rule, regulation or order promulgated
or given pursuant thereto, includes a fine and such fine is not paid
or if the costs of prosecution adjudged against an offender are not
paid, the person under sentence shall be imprisoned one (1) day for
every ten dollars ($10.00) of any such unpaid fine or costs or both
the fine and costs, not to exceed a total of three (3) months.
C.
Any
person sentenced to imprisonment for violation of any provisions of
this Code or of any other ordinance of this City or of any rule, regulation
or order promulgated pursuant thereto and any person who fails to
pay a fine imposed for any such violation or the costs of prosecution,
may be put to work and perform labor on the public streets or other
public works or buildings of the City for such purposes as the City
may deem necessary. For every ten dollars ($10.00) of an assessed
or unpaid fine, a prisoner shall work one (1) day.
D.
The
Chief of Police shall cause all such prisoners, as may be directed
by the Mayor, to work out the full number of days for which they have
been sentenced by performing labor upon the public streets or other
public works or buildings of the City as may be designated by the
Mayor.
