[R.O. 2006 §405.010; CC 1986 §43.010]
For the purpose of these regulations, which shall be known as
and may be cited as the "City of Willow Springs Subdivision Regulations",
certain words, phrases and terms shall be defined as follows:
The officer designated and authorized by the Board of Aldermen
to enforce the subdivision regulations.
A permanent public service way or right-of-way, dedicated
to public use, other than a street, place, road, crosswalk or easement,
designed to provide a secondary means of access for the special accommodation
of abutting property.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways or other barriers or combination
thereof.
Board of Aldermen of the City of Willow Springs.
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 Willow Springs, Missouri.
City Clerk of the City of Willow Springs.
The Planning Commission.
The Comprehensive Plan or any of its parts prepared by the
Commission and adopted by the Board of Aldermen in accordance with
the authority conferred by Chapter 89, Missouri Revised Statutes,
1954, as amended, 1961, 1963.
The County of Howell.
A strip of land dedicated to public use, which is reserved
across a block to provide pedestrian access to adjacent areas.
A short street having one (1) end open to traffic and being
permanently terminated by a vehicle turnaround.
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 of a strip of land
by the public or a person for specified purposes.
That person officially designated by the Board of Aldermen
as the Engineer of the City.
The final map of all or a portion of the subdivision which
is presented to the Commission for final approval in accordance with
these regulations and which, if approved, shall be filed with the
proper County Recording Officer.
Any area whose average cross slope is sixteen percent (16%)
or greater.
The jurisdictional area to which the regulations apply.
A portion of a subdivision or other parcel of land intended
as a unit for transfer of ownership or development.
Any security acceptable to the jurisdiction which would insure
the maintenance of any facility planned to be accepted for municipal
maintenance covering the time period from construction or cutoff date
of the performance guarantee until the facility is scheduled to be
formally accepted by the jurisdiction.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Commission or other approving
body approves a final plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
A corporation, firm, partnership, association, organization
or any other group acting as a unit, as well as a natural person.
An open, unoccupied, officially designated space, other than
a street or alley, permanently reserved as the principal means of
access to abutting property.
The drawings and documents described in Section 410.300 indicating the proposed layout of the subdivision which is submitted to the Planning Commission for consideration and tentative approval.
A right-of-way, other than an alley, dedicated or otherwise
legally established to the public use, usually affording the principal
means of access to abutting property. A street may be designated as
a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive
or other appropriate name. For the purpose of this Chapter, streets
shall be classified as follows:
Major highways and arterial streets. Those
designated for large volumes of traffic movement between cities and
between neighborhoods. Certain arterial streets may be classified
as limited access highways to which entrances and exists are provided
only at controlled intersections and access is denied to abutting
property.
Collector streets. Important streets planned
to facilitate the collection of traffic from neighborhood streets
and to provide circulation within neighborhood areas and convenient
ways for traffic to reach arterial streets.
Local or neighborhood streets. Those designated
primarily to provide access to abutting properties.
Any person responsibly engaged in developing or improving
a tract of land which complies with the definition of a "subdivision"
as defined in this Section.
The division of any parcel of land shown as a unit, as part
of a unit or as contiguous units on the last preceding transfer of
ownership thereof into two (2) or more parcels, sites or lots, any
one of which is less than five (5) acres in area, for the purpose,
whether immediate or future, of transfer of ownership, provided however,
that the division or partition of land into parcels of more than five
(5) acres not involving any new streets or easements of access and
the sale or exchange of parcels between adjoining lot owners, where
such sale or exchange does not create additional building sites, shall
not be considered a subdivision; or
The improvement of one (1) or more parcels of land for residential,
commercial or industrial structures or groups of structures involving
the subdivision and allocation of land as streets or other open spaces
for common use by the owners, occupants or lease holders or as easements
for the extension and maintenance of public sewer, water, storm drainage
or other public utilities and facilities; provided however,
Where no new streets or roads are involved, divisions of land
for agricultural purposes where the resulting parcels are more than
three (3) acres or larger in size, divisions of property by testamentary
or intestate provisions or divisions of property upon court order
shall not be considered subdivisions; or the territory subdivided.
The part of the Comprehensive Plan, now or hereafter adopted,
which includes a major street and highway plan and sets forth the
location, alignment, dimensions, identification and classification
of existing and proposed highways, streets and other thoroughfares.
A space of the same lot with a building, which is open, unoccupied
and unobstructed by structures, except as otherwise provided.
An official ordinance and Zoning Map which divides the area
within the jurisdiction into districts with regulations and requirements
and procedures for the establishment of land use controls.
[R.O. 2006 §405.020; CC 1986 §43.020]
A.
No
land shall, after the adoption of a subdivision ordinance, be subdivided
without complying with the provisions of this 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 Planning Commission and officially approved by the Board of Aldermen.
C.
No
improvements, such as sidewalks, water supply, stormwater drainage,
sewerage 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 their agent or by any public
service corporation at the request of such owner or owners or by their
agent until the plats for the subdivision and also the plans for the
improvements have been properly reviewed by the Planning Commission
and officially approved by the Board of Aldermen.
D.
Where
a tract of land is proposed to be subdivided in several stages over
a period of years and the subdivider requests approval in parts, he/she
shall, 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 Commission that
the total design as proposed for the entire subdivision is acceptable
under the terms of these standards. The Planning Commission may give
preliminary approval to the overall plan and final approval on the
parts as submitted from time to time.
E.
The
provisions of this Chapter shall be held to be the minimum requirements
necessary in the subdivision of land.
[R.O. 2006 §405.030; CC 1986 §43.030]
In order to make the most of opportunities related to the subdivision
and to conserve time, effort and expense, the owner or subdivider
shall consult with the Planning Commission and other appropriate public
officials prior to the preparation of the preliminary plat for the
subdivision. The Comprehensive Plan shall be reviewed to determine
how the preliminary plat will relate to the Comprehensive Plan. Requirements
for major and minor 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 shall be determined by the subdivider in advance of
the preparation of the preliminary plat.
[R.O. 2006 §405.040; CC 1986 §43.040]
A.
A subdivider desiring approval of a plat of a subdivision shall submit a written application, therefore, to the Planning Commission. Such application shall be accompanied by the information, requirements and plans set forth in Section 410.060, all in accordance with the requirements set forth in this Chapter.
1.
Three (3) copies of a completed application for subdivision approval
form, together with at least six (6) prints of each drawing submitted
as part of the preliminary plat, shall be submitted to the Clerk.
No later than two (2) weeks prior to the time of filing, a fee of
twenty-five dollars ($25.00) shall be paid to the Clerk to cover the
costs of publishing notices and of notifying the persons concerned
with the pending hearing on said subdivision. The Clerk shall immediately
notify the Secretary of the Planning Commission upon receipt of the
application and preliminary plat.
2.
If the preliminary plat is approved by the Planning Commission, the
applicant shall be authorized to proceed with the preparation of the
final plat. The Clerk shall attach to a copy of the preliminary plat
a certified copy of the resolution approving or disapproving the preliminary
plat; in case of disapproval, giving reasons and specifying aspects
of non-conformance with existing ordinances and with the Comprehensive
Plan. A copy of the resolution shall be filed in the Clerk's office
and shall be signed by the Chairman or Vice Chairman of the Planning
Commission.
3.
Preliminary approval shall confer upon the applicant the preliminary
approval for a one (1) year period from the date of approval.
a.
The general terms and conditions under which the preliminary approval
was granted will not be changed.
b.
The said applicant may 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 three (3)
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.
[R.O. 2006 §405.050; CC 1986 §43.050]
A.
The final plat shall be submitted to the Clerk for transmittal to the Planning Commission for final approval. The submission shall include the plans and specifications for the required improvements as set forth in Section 410.110. All documents shall bear the approving signature of the engineer and the transmittal to the Board of Aldermen shall include a letter from the engineer describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
B.
Upon
review by the Planning Commission and the engineer, the final plat
shall be returned to the Clerk for submission to the Board of Aldermen
with all recommendations from the Planning Commission attached. If
the final plat is approved by the Planning Commission, the original
tracing shall bear the signature of the Chairman or Vice Chairman
of the Planning Commission.
C.
The
Clerk shall attach to a copy of the final plat a certified copy of
the Board of Aldermen's ordinance approving or disapproving the final
plat, in the case of disapproval giving reasons and specifying aspects
of non-conformance with existing ordinances. The approved copy of
the final plat shall be filed in the office of the Clerk.
The approval of the final plat by the Board of Aldermen shall be indicated on the document to be filed for record by the affixing of the signatures of the Presiding Officer and the Clerk. The approved final plat shall then be returned to the Clerk to be held until such time as the subdivider has posted a performance guarantee as set forth in Section 410.090.
[R.O. 2006 §405.060; CC 1986 §43.060]
A.
A preliminary
plat shall be provided by the subdivider and consist of the following:
1.
Location map. (Which may be prepared by indicating
the following data on available maps) 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. Geological Survey
Range 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
relevant community facilities.
e.
Title, scale, north arrow and date.
2.
Preliminary plat. Showing:
a.
Proposed name of the subdivision and its location.
b.
Names and addresses of the owner, subdivider and the City planner,
land planning consultant, engineer or registered land surveyor who
prepared the plat.
c.
Streets and rights-of-way on and adjoining the site of the proposed
subdivision showing the names and including roadway widths; approximate
gradients; types and width of pavement, curbs, sidewalks, crosswalks,
planting strips and other pertinent data.
d.
All lot lines adjacent to and abutting the subdivision.
e.
Layouts 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 twelve (12)
inches 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 use.
q.
Scale*, north arrow and date.
* The preliminary plat of the subdivision shall be drawn
to a scale of fifty (50) feet to one (1) inch or one hundred (100)
feet to one (1) inch, provided however, that if the resulting drawing
would be over thirty-six (36) inches in the shortest dimension, a
scale as recommended by the Commission may be used.
[R.O. 2006 §405.070; CC 1986 §43.070]
A.
The
final plat shall be provided by the subdivider and meet the following
specifications:
1.
The final plat may include all or only a part of the preliminary
plat which has received approval.
2.
The original drawing of the final plat shall be drawn on new linen
tracing cloth with waterproof black India ink to scale. Four (4) black
or blue line prints shall be submitted with the original final plat;
or, in order to conform to modern drafting and reproduction methods,
four (4) black or blue line prints and reproducible cloth or film
positive of the final plat shall be submitted. Prints filed with the
jurisdiction shall include on cloth print or reproducible mylar or
equivalent made after recording the final plat and bearing the official
stamp attesting the fact of the recording and a reproducible cloth
print of the final plat as approved.
3.
All elevations shall be referenced to the established datum and the
said reference shall be clearly stated on any plans 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 shall be placed on all tracings with a margin of not less
than one-half (½) inch on all sides.
6.
The following basic information shall be shown; all surveys for a
final plat shall be made under the active and personal direction of
a registered professional engineer or registered surveyor of Missouri.
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 monument. Reference corners shall be accurately
described on the final 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 right-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 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 or front yard lines and dimensions.
k.
Floor elevation and citing 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 and owners and mortgages accepting said plat, with owner or
owners personally signing all plans or drawings.
n.
Reference to recorded subdivision plats of adjoining platted land
by recorded name, date and number shown by medium dashed and two (2)
dotted lines.
o.
Restrictions of all types which run with the land and become covenants
in the deeds for lots. Restriction lines shall be shown by medium
dashed lines.
p.
Title, north arrow, scale and date.
q.
Certification by the registered surveyor or registered professional
engineer with registration number and seal affixed to all documents
of the final plat.
r.
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.
s.
Certificate of dedication of all public areas.
t.
Certification that all taxes due have been paid.
u.
Certificate for approval by the Planning Commission.
v.
Certificate for approval by the Board of Aldermen.
[R.O. 2006 §405.080; CC 1986 §43.080]
The final plat submission to the Board of Aldermen shall be accompanied by the plans and specifications for the improvements required under Section 410.110. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with drainage area, 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. A cross section of the proposed streets shall be included showing the widths of roadways, location and width of sidewalks and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the location of all proposed street lights. The plans, cross sections and specifications for the proposed improvements shall be submitted to and approved by the engineer prior to submission to the Board of Aldermen with the final plat. Four (4) black or blue line prints of the approved documents shall be included with the final 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 engineer.
[R.O. 2006 §405.090; CC 1986 §43.090]
A performance guarantee shall be required from the subdivider
in the amount of the estimate approved by the engineer for the cost
of the required improvements. The performance guarantee shall run
to the Board of Aldermen and be with good and sufficient surety satisfactory
to the Board of Aldermen and as approved by their attorney, conditioned
upon the installation of the required improvements within two (2)
years after the approval of the final plat. Filing of the actual bonds
or other securities shall not be required until after the final plat
approval, but sufficient information concerning the form of guarantee
to be used shall be submitted with the final plat documents to permit
the Board of Aldermen's approval at that time.
[R.O. 2006 §405.100; CC 1986 §43.100]
The subdivision plan shall conform to design standards that
will encourage good development patterns and particularly to the principles
and standards which are incorporated in the Comprehensive Plan. The
streets, drainage rights-of-way, school sites, public parks, playgrounds
and other public facilities shown on the officially adopted Comprehensive
Plan or Official Map shall be considered in the decision to approve
or disapprove subdivision plats.
[R.O. 2006 §§405.110, 405.170; CC 1986 §§43.110,
43.170]
A.
Street Specifications.
1.
The street and alley layout shall provide access to all lots and
parcels of land within the subdivision. Street jogs of less than one
hundred twenty-five (125) feet shall be avoided. Cul-de-sacs shall
not exceed five hundred (500) feet in length, unless necessitated
by site topography.
2.
Local or neighborhood streets shall be designed so as to discourage
through traffic.
3.
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 with adjacent existing or future subdivisions
or developed areas.
4.
Wherever there exists a dedicated or platted portion of a street
or alley adjacent to the proposed subdivision, the remainder of the
street or alley shall be platted to the prescribed width within the
proposed subdivision.
5.
Reserve strips controlling access to streets shall be prohibited
except where their control is definitely placed in the Board of Aldermen
under conditions approved by the Planning Commission.
6.
Widths of major highways, arterial and collector streets rights-of-way shall conform to the widths specified in Section 410.300 and made a part of this Chapter. These widths may be increased or decreased or varied in unusual circumstances by the Planning Commission and the engineer.
7.
The minimum right-of-way of local or neighborhood streets, including
marginal access streets and cul-de-sacs, shall be fifty (50) feet.
All cul-de-sacs shall terminate in a circular right-of-way with a
minimum diameter of one hundred (100) feet under normal conditions
or other arrangement for the turn of all vehicles conveniently within
the right-of-way. For hillside areas, residential streets may be reduced
to a right-of-way width of forty (40) feet.
8.
In hillside areas where the general slope is sixteen percent (16%)
or greater and where a minimum pavement width of twenty (20) feet
is permitted, the Planning Commission may require the subdivider to
provide group parking bays providing one (1) off-street parking space
not less than nine (9) feet wide and twenty (20) feet deep for each
lot within each block frontage.
9.
Subdivisions that adjoin or include existing streets that do not
conform to required widths shall dedicate additional width along either
or both sides of said street.
10.
Streets shall be laid out so as to intersect as nearly at right angles
as possible.
11.
If the smaller angle of intersection of two (2) streets is less than
sixty degrees (60°), the radius of the arc of the intersection
of the property lines shall be as deemed advisable by the Planning
Commission.
12.
At the intersection of other streets, the property line corners shall
be rounded by arcs with radii of not less than twenty (20) feet or
chords of such arcs.
13.
At 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.
14.
Intersections of more than two (2) streets at one (1) point shall
be avoided.
15.
Where parkways or special types of streets are involved, the Planning
Commission may apply special standards to be followed in the design
of such parkways or streets.
16.
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.
18.
Horizontal curvature measured along the centerline shall have a minimum
radius as follows:
19.
All changes in grades shall be connected by vertical curves of sufficient
radii to provide smooth transitions and required sight distances.
20.
Between reverse curves on major highways and arterial streets, there
shall be a tangent of not less than one hundred (100) feet and on
collector and local or neighborhood streets such tangent shall be
not less than forty (40) feet. For hillside areas: between reverse
curves on major highways and arterial streets, there shall be a tangent
of not less than fifty (50) feet and on collector streets such tangents
shall not be less than twenty (20) feet.
21.
Maximum grades for streets shall be as follows:
a.
Major highways and arterial streets, not greater than six percent
(6%) or as approved by the engineer and the Planning Commission.
b.
Other streets and alleys, not greater than ten percent (10%) or as
approved by the engineer and the Planning Commission. For hillside
areas: residential streets not greater than fifteen percent (15%).
22.
The minimum grade of any street gutter shall not be less than seventy-five
hundredths of one percent (0.75%).
23.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the name of an existing street unless the proposed
street is an extension of or in alignment with an existing street,
in which case the duplication shall be mandatory.
24.
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-five
(25) feet in width.
25.
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 Commission.
B.
Street Construction.
1.
Streets shall be completed in accordance with the plans, profiles,
specifications and cross sections prepared for the subdivider by a
registered professional engineer and approved by the engineer.
a.
The streets shall be surfaced to a minimum width according to the type of street as specified in Section 410.300. The subdivider shall construct the road bed to specifications up to and including the base material. At such time as seventy-five percent (75%) of the lots are developed, the City will surface the streets and accept further maintenance responsibilities.
b.
Curb and gutter shall not be permitted to be installed along the edges of surfaced streets of less than twenty-seven (27) feet in width. In all cases the surfaced street widths given in Section 410.300 may include curb and gutter.
c.
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 Missouri State Highway
Department specifications. Cul-de-sac turnarounds shall be paved to
within five (5) feet of the right-of-way. Grading for street improvements
shall not create soil slopes exceeding a vertical rise of one (1)
foot for each two (2) feet of horizontal distance unless retaining
walls are to be provided.
d.
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 engineer.
e.
Prior to the construction of street or alley pavements, adequate
surface and subsurface (if required) drainage facilities shall be
installed by the subdivider. Pipe used for drainage purposes shall
be of bituminous coated corrugated metal, reinforced concrete or extra
strength vitrified clay of an approved design, size and strength to
meet the requirements of the specific conditions which may be encountered.
Minimum diameters of pipe to be used shall be as follows:
|
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Roadway crossdrains
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15 inches
|
|
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Entrance crossdrains
|
12 inches
|
|
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Perforated underdrains
|
6 inches
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2.
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 authorities
having jurisdiction shall be secured prior to the execution of such
changes.
3.
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.
[R.O. 2006 §405.120; CC 1986 §43.120]
A.
Blocks
shall not normally 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, arterial street or railroad right-of-way.
C.
No
other specific rule is made concerning the shape of blocks, but blocks
shall fit easily into the overall plan of the subdivision and their
design must evidence consideration of lot planning, traffic flow and
public areas.
D.
Within
blocks of over seven hundred (700) feet in length, the Planning Commission
may require, at or near the middle of the block, a public 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. For hillside areas,
this requirement may be modified to meet topographical conditions.
[R.O. 2006 §405.130; CC 1986 §43.130]
A.
All
lots shall abut on a street or place.
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.
For hillside areas, side lines of lots shall be located as to provide
the most suitable building site.
C.
Double
frontage lots shall not be platted, except that where desired along
arterial streets, lots may face on an interior street and back on
such thoroughfare. 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. For hillside areas, double frontage lots may be permitted
when indicated by the character of the topography.
D.
Minimum
lot areas, widths and building setback lines shall be as provided
in the zoning regulations for the district in which the subdivision
is located within the incorporated area of the City, except that where
a water main supply system or a sanitary sewer system is not available,
the lot area necessary to install a private water supply or sewage
disposal system on the lot in accordance with the Department of Public
Health and Welfare of Missouri, Division of Health shall become the
minimum lot area.
E.
Wherever
possible, a unit shopping center, based on sound development standards,
shall be designed in contrast to the platting of lots for individual
commercial use.
F.
Corner
residential lots shall be wider than normal to permit appropriate
setbacks from both streets. Interior residential lots abutting a corner
lot shall be wider than the average interior lot in order to permit
a wider side yard adjacent to the corner lot.
[R.O. 2006 §405.140; CC 1986 §43.140]
A.
Where
alleys are not provided, easements for utilities shall be provided.
Such easements shall have a minimum width of fifteen (15) feet and
where located along interior 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. For hillside
areas, where a cut or fill slope extends beyond the right-of-way of
a street, a slope easement shall be provided of sufficient width to
permit necessary maintenance of the slope.
B.
Whenever
a subdivision is traversed by a watercourse, drainage way, channel
or stream, there shall be provided a drainage right-of-way which shall
be for the purpose of widening, improving or protecting the stream
at the subdivider's expense. The width of the drainage right-of-way
shall be adequate for any necessary channel relocations and straightenings
and shall be reviewed by the engineer and shall relate as closely
as possible to the requirements of the Comprehensive Plan. Parallel
streets or parkways may be required in connection therewith.
[R.O. 2006 §405.150; CC 1986 §43.150]
Where sites for parks, schools, playgrounds or other public
use areas as shown in the Comprehensive Plan are located within the
subdivision area, the Board of Aldermen shall require that such areas
be so designated on the final plat. Within one (1) year after the
approval of the final plat, the authority having jurisdiction shall
acquire the designated land or commence proceedings to acquire it
by condemnation, otherwise the owner may make any other permitted
use of the site as permitted by the zoning district within which it
lies.
[R.O. 2006 §405.160; CC 1986 §43.160]
A.
In
the subdividing of any land within the jurisdiction, due regard shall
be shown for all natural features such as tree growth, watercourses
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 runoff onto adjoining property and to avoid extensive
regrading of the site.
C.
Floor
elevations of all buildings shall be carefully studied in relation
to existing topography, proposed street grades, existing twelve (12)
inches 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 consider withholding
approval of such lots.
[R.O. 2006 §405.180; CC 1986 §43.180]
A.
Curbs
and gutters shall not normally be required in residential subdivisions
except in extreme cases when necessary for extreme and unusual drainage
conditions, but when installed shall be of Portland cement concrete
at least eighteen (18) inches wide and not less than six (6) inches
thick where the curb abuts the street pavement.
B.
Curb
construction for concrete pavements may be integral and roll-type
curbs may be permitted where the distance between the back of the
curb and the nearest sidewalk is at least three (3) feet on residential
and collector streets.
C.
All
plans for the installation of the curb and gutter shall be approved
by the engineer and the Planning Commission.
[R.O. 2006 §405.190; CC 1986 §43.190]
A.
Sidewalks
shall not be required in residential subdivisions except as may be
required for multi-family or cluster developments, but when installed
shall be of Portland cement concrete with a minimum thickness of four
(4) inches on a four (4) inch gravel or crushed stone base and a minimum
width of four (4) feet and the edge of walks adjacent to the property
line of the street shall be placed at least one (1) foot from the
property line.
B.
Crosswalks
within the blocks shall be improved with a four (4) foot walk of either
Portland cement concrete four (4) inches thick or asphaltic concrete
two (2) inches thick on a four (4) inch compacted aggregate base.
The base shall be extended beyond the sidewalk on either side to a
distance equal to depth of base.
[R.O. 2006 §405.200; CC 1986 §43.200; Ord. No. 1088 §1(43.200.6), 4-9-1990; Ord. No. 1410 §1, 2-14-2008]
A.
Each
subdivision shall be provided with an approved public wastewater system.
In areas where City sewer is available, the subdivider will provide
adequate trunk lines to the subdivision boundary at no expense to
the City. The City will install the collection lines within the subdivision
with the subdivider bearing the cost of all materials and labor required
for the installation. The system becomes the property of the City
at the time of installation. In areas where a City sewer system is
not available, the subdivider will install at his/her expense an approved
collection and treatment system meeting all applicable regulations
of the Missouri Department of Health.
B.
All
subdivisions will be connected to the City water supply system. The
subdivider will provide adequately sized water mains to the subdivision
boundary at no expense to the City. The City will install all water
lines within the subdivision with the subdivider bearing the cost
of all materials and labor with the exception of fire hydrants and
service meters which would be provided by the City for fire protection
and for customer service accounts. The water lines become the property
of the City at the time of installation.
C.
All
sewer and water infrastructure described in this Section, except fire
hydrants and service meters, may be installed by the subdivider, provided
all plans and construction is inspected and approved by the City prior
to and during installation.
D.
Plans and specifications for public and local sewage disposal and water supply systems shall be prepared for the subdivider by a registered professional engineer in accordance with the requirements of the Department of Public Health and Welfare of Missouri, Missouri Department of Natural Resources and the engineer. Private sewage disposal systems shall be installed in accordance with the regulations of the local health authorities and the Department of Public Health and Welfare of Missouri, Division of Health and the Department of Public Health and Welfare of Missouri, Division of Natural Resources and shall be constructed so that the minimum standards for all sewer lines, all extensions of sewer lines, new construction, repair and rebuilding shall be in accordance with Section 710.040(I).
E.
The
subdivider shall furnish the jurisdiction a complete set of plans
and profiles as approved by the various authorities.
[R.O. 2006 §405.210; CC 1986 §43.210]
A.
All
utility lines for telephone and electric service, when carried on
overhead poles, shall be provided for with rear and side lot line
easements.
B.
Where
telephone and/or electric service lines are to be placed underground
throughout the subdivision, the conduit or cables shall be located
within easements or public rights-of-way in separate trenches in a
manner which will not conflict with other underground services. Furthermore,
all transformers and terminal boxes shall be located so as not to
be unsightly or hazardous to the public.
C.
All
excavations for public utilities made under paved areas shall be properly
backfilled with approved granular materials thoroughly compacted in
place.
[R.O. 2006 §405.220; CC 1986 §43.220]
A.
Permanent
monuments shall be set at the intersection of all lines forming angles
in the boundary of the subdivision.
C.
Monuments
shall be of concrete with minimum dimensions of four (4) inches by
four (4) inches at the top and six (6) inches by six (6) inches at
the bottom and thirty-six (36) inches in length and shall be marked
at the top with either a copper or steel dowel imbedded so that the
top of the dowel shall be flush with the top surface at the center
of the monument. 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.
D.
Monuments
and markers shall be provided by the subdivider 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.
[R.O. 2006 §405.230; CC 1986 §43.230]
A.
Where
the subdivision is to contain sewers, sewage treatment facilities,
water supply system, park areas or other physical 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 Chapter
or the jurisdiction may also be included.
B.
The
subdivider is required to install utilities adequate to his/her immediate
needs. The City at its option could agree with the subdivider to pay
cost of materials of utilities where the increased need might demand
construction to meet the future community growth.
[R.O. 2006 §405.240; CC 1986 §43.240]
A.
In
order to promote the health and general welfare and to preserve and
make available open space, the Planning Commission may grant a subdivider
the right to vary the residential density within a tract to be developed,
leaving a substantial area free of building lots; the right to vary
the density shall, however, be subject to the following conditions:
2.
Overall density shall not exceed that of the zoning district in which
the land occurs. The houses in the proposed subdivision shall be grouped
in clusters. The minimum lot area shall be not less than two-thirds
(⅔) of the minimum normally required in the zoning district
in which the land occurs.
Minimum yard requirements in a cluster development shall be:
|
|
Front yard
|
10 feet
| |
|
|
Side yard
|
8 feet
| |
|
|
(save that garages or carports adjacent lots may join at the
property line or be grouped on land away from the individual lot)
| ||
|
|
Rear yard
|
15 feet
| |
3.
In cases where a subdivider has designed special groups of dwellings and garages, the Planning Commission, after inspecting plans and elevations, may grant smaller lot minimum sizes than those in Subsection (2) above, providing that the sanitary systems are approved by the engineer, that the overall density does not exceed that permitted in the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
4.
The balance of the land not contained in the lots or within the road
rights-of-way shall be contiguous and of such condition, size and
shape as to be usable for recreation. Such land shall be held in corporate
ownership by the owners of lots within the development and the subdivider
shall incorporate into the deeds of all property within the development
a clause giving to the owners an interest in such open land which
shall be used for recreational purposes only. (No structure, save
those incidental to the recreational use, shall be permitted thereon.)
Open land shall be a minimum of one and one-half (1½)
acres and shall be subject to taxation. In the case of such tracts
of three (3) or more acres, the developer may petition to the jurisdiction
to take over the land to be used in perpetuity as open space.
[R.O. 2006 §405.250; CC 1986 §43.250]
All public improvements proposed to be made under the provisions
of this Chapter shall be inspected during the course of construction
by the engineer or a duly designated representative of the jurisdiction.
All fees and costs connected with such inspections and in reviewing
the plans and specifications for such improvements shall be paid for
by the subdivider.
[R.O. 2006 §405.260; CC 1986 §43.260]
A.
When
a subdivider can show that a provision of this Chapter would cause
unnecessary hardship if strictly adhered to and when, in the opinion
of the Planning Commission, because of topographical or other conditions
peculiar to the site, a departure may be made without destroying the
intent of such provision, the Planning Commission may recommend a
variance or modification to the Board of Aldermen. The subdivider
shall apply in writing in the minutes of the Planning Commission and
the reasoning on which the departure was justified shall be set forth.
Any variance or modification authorized by the Board of Aldermen shall
be made by resolution and a copy thereof shall be attached to and
made a part of the final plat.
1.
An exception may be made from the specifications and procedures in
the case of a subdivision containing not more than three (3) lots
fronting on an existing street nor involving any new street or road
or the extension of municipal facilities and not adversely affecting
the development of the remainder of the parcel and not in conflict
with any provisions or portions of the Comprehensive Plan, Zoning
Code or this Chapter.
2.
A plat of the proposed minor subdivision shall be submitted to the
Secretary of the Planning Commission at least one (1) week prior to
the Planning Commission meeting at which consideration is desired
with four (4) black or blue line prints of the proposed minor subdivision,
who in turn will forward their recommendation and the plat to the
Board of Aldermen for action. Action by the Board of Aldermen shall
take place at its next stated meeting. Approval of the Board of Aldermen
shall be indicated on the original drawing by the affixing of signatures
of the Presiding Officer and Clerk and the plat will be returned to
the applicant to be filed for record in the miscellaneous record of
the County Clerk.
[R.O. 2006 §405.270; CC 1986 §43.270]
No building permit or zoning certificate shall be issued by
any governing official for the construction of any building, structure
or improvement to the land or any lot within a "subdivision", as defined herein, which has been approved for platting or replatting
until all requirements have been fully complied with.
[R.O. 2006 §405.280; CC 1986 §43.280]
No plat of any subdivision shall be recorded by the Recorder
of Deeds or have any validity until it shall have been approved in
the proper manner established by the City.
[R.O. 2006 §405.290; CC 1986 §43.290]
All of such plats of subdivisions, after the same have been
submitted and approved, shall be filed in a book of plats of the City
and shall be filed and kept by it among its records.
[R.O. 2006 §405.300; CC 1986 §43.300; RSMo. §89.450]
A.
Any
person, firm or corporation who constructs any public improvement
or portion thereof in violation of the provisions of this Chapter
shall be deemed guilty of a misdemeanor and upon conviction thereof
fined not more than five hundred dollars ($500.00) for each offense
and a separate offense shall be committed on each day during or on
which a violation occurs or continues.
B.
No
owner, or agent of the owner, of any land located within the platting
jurisdiction of any municipality, 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 Board of Aldermen
or Planning 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 Board of Aldermen or
Planning Commission and the sale is contingent upon the approval of
such plat by such Board of Aldermen or Planning Commission. Any person
violating the provisions of this Section shall forfeit and pay to
the municipality 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. A municipality may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
[R.O. 2006 §405.310; Ord. No. 1410 §1, 2-14-2008]
The minimum design characteristics for streets shall be as follows:
|
Item
|
Arterial
|
Collector
|
Local
|
|---|---|---|---|
|
Minimum right-of-way
|
100 feet
|
60 feet
|
50 feet
|
|
Minimum shoulder width
|
46 feet
|
42 feet
|
32 feet
|
|
Paved surface
|
40 feet
|
36 feet
|
26 feet
|
|
Subbase
|
Minimum 6 inches granular material
| ||
|
Base
|
Minimum 4 inches crushed stone
| ||
|
Surface
|
4 inches bituminous plant mix
|
2 inches bituminous plant mix
|
Double seal coat
|
