[R.O. 2013 § 410.010; R.O. 2005 § 23-28; Ord. No. 42.140]
A.
This Chapter shall be known, referred to,
and cited as the "Land Subdivision Ordinance of Fayette, Missouri."
B.
This Chapter is to provide for the coordination
of streets within subdivisions with other existing or planned streets
or with other features of the Comprehensive Plan of Fayette, Missouri;
for minimum requirements of the preliminary and final plans; for minimum
standards of physical improvements in new subdivisions; for adequate
open spaces for traffic, recreation, light and air; and for a distribution
of population and traffic for the health, safety and general welfare
of the community.
[R.O. 2013 § 410.020; R.O. 2005 §
23-29; Ord. No. 42.150]
For this purpose, certain words and
terms are herewith defined: the singular includes the plural includes
the singular; the word "shall" is mandatory and not directory.
The Board of Aldermen of Fayette, Missouri.
A line on a plat between which line and a street no building
or structure may be erected.
City Planning Commission of Fayette, Missouri.
The Comprehensive Plan made and adopted by the Commission
indicating the general locations recommended for the streets, parks,
public buildings, zoning districts and all other public improvements.
A minor street with only one (1) outlet and culminated by
a turnaround.
A street intended to serve as a major trafficway and designated
as a major street in the Comprehensive Plan.
A street intended to serve the local needs of an area and
not designated as a major street in the Comprehensive Plan.
The division of a lot, tract, or parcel of land into two
(2) or more lots, or other division of land into parcels of one (1)
acre or less in area, or the dedication of streets, ways, or other
areas for the use of the public. The sale or transfer of land of one
(1) acre or more is exempted from recording a plat but shall be certified
by the Commission.
[R.O. 2013 § 410.030; R.O. 2005 §
23-30; Ord. No. 42.160]
A.
It shall be unlawful for any persons being
the owner, agent or person having control of any land within the City
of Fayette, Missouri, to subdivide or lay out such land in lots unless
by a plat in accordance with the regulations contained herein. No
lots shall be sold nor any plat recorded until each plat has been
approved as herein provided.
B.
The subdivider shall submit preliminary plans in accordance with the specifications of Section 410.050 hereof. A preliminary plan shall first be submitted to the Commission for approval. After the preliminary plans are approved by the Commission in accordance with this Article, such preliminary plans shall be submitted to the Board for its approval or disapproval.
[R.O. 2013 § 410.040; R.O. 2005 §
23-31; Ord. No. 42.170]
A.
Relation To Adjoining Street System. The
arrangement of streets in new subdivisions shall make provisions for
the continuation of the principal existing streets in adjoining area
(or their proper projection where adjoining land is not subdivided),
insofar as they may be deemed necessary by the Commission for public
requirements. Offset streets should be avoided. The angle of intersection
between minor streets and major streets should not vary by more than
ten degrees (10°) from a right angle. Streets obviously in alignment
with existing streets shall bear the names of the existing streets.
All proposed street names shall be checked against duplication of
other street names. The widths and locations of major streets shall
conform to the widths and locations designated on the Comprehensive
Plan.
B.
Design Standards.
|
Required Subdivision Design
And Improvement Standards
| |||||
|---|---|---|---|---|---|
|
Low Density Residential Area
(over 10,000 sq. ft. per dwelling
unit)
|
Medium Density Residential
Area
(7,800 to 10,900 sq. ft. per
dwelling unit)
|
High Density Residential Area
(less than 7,800 sq. ft. per
dwelling unit)
|
Commercial and Industrial Area
| ||
|
For Right-Of-Way
| |||||
|
1.
|
Right-of-way (ft.) minor streets
|
50
|
50
|
60
|
65
|
|
2.
|
Alley width if provided
|
20
|
20
|
24
|
24
|
|
3.
|
Easements total (ft.)
|
10
|
10
|
10
|
10
|
|
4.
|
Maximum block length (ft.)
|
1,500
|
1,000
|
1,000
|
N/A
|
|
5.
|
Minimum block length (ft.)
|
500
|
500
|
400
|
N/A
|
|
6.
|
Maximum cul-de-sac length (ft.)
|
1,500
|
1,000
|
750
|
None
|
|
7.
|
Minimum cul-de-sac radius (ft.)
|
40
|
50
|
50
|
None
|
|
For Improvements
| |||||
|
8.
|
Pavement width (ft.) back to back
of curb
|
22
|
28
|
35
|
44
|
|
9.
|
Maximum grade (percent)
|
10
|
8
|
6
|
4
|
|
10.
|
Minimum grade (percent)
|
0.5
|
0.5
|
0.5
|
0.5
|
|
11.
|
Minimum sight distance (ft.)
|
150
|
150
|
150
|
200
|
|
12.
|
Sidewalk width (ft.)
|
0
|
4
|
5
|
10
|
|
13.
|
Sidewalk distance from curb (ft.)
|
6
|
6
|
0 or 6
| |
|
14.
|
Curb and gutter required
|
No
|
Yes
|
Yes
|
Yes
|
|
15.
|
Public water required
|
Yes
|
Yes
|
Yes
|
Yes
|
|
16.
|
Public sanitary sewer required
|
No
|
Yes
|
Yes
|
Yes
|
|
17.
|
Storm drainage required
|
Yes
|
Yes
|
Yes
|
Yes
|
|
For Lots
| |||||
|
18.
|
Minimum building line (ft.)
|
35
|
30
|
25
|
25
|
|
19.
|
Minimum lot width at building line
(ft.)
|
80
|
60
|
50
|
N/A
|
|
20.
|
Minimum lot depth (ft.)
|
125
|
100
|
100
|
N/A
|
|
21.
|
Maximum lot depth (ft.)
|
3 times width
|
3 times width
|
3 times width
|
N/A
|
|
22.
|
Minimum average lot width for corner
lots (ft.)
|
85
|
85
|
85
|
N/A
|
|
23.
|
Right-of-way radius on corner lots
(ft.)
|
20
|
20
|
30
|
30
|
C.
Character Of Development.
1.
The Commission shall confer with the subdivider regarding the type
and character of development that will be permitted in the subdivision
and may agree with the subdivider as to certain minimum restrictions
to be placed upon the property.
2.
Deed restrictions or covenants should be included to provide for
the creation of a property owners' association or Board of Trustees
for the proper protection and maintenance of the development in the
future; provided, however, that such deed restrictions or covenants
shall not contain reversionary clauses wherein any lot shall return
to the subdivider because of a violation thereon of the terms of the
restrictions or covenants.
3.
Where the subdivision contains sewers, sewage treatment plants, water
supply systems, park areas, street trees or other physical facilities
necessary or desirable for the welfare of the area and which are of
common use or benefit and are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made by trust agreement,
made a part of the deed restrictions acceptable to any agency having
jurisdiction over the location and improvement of such facilities,
for the proper and continuous maintenance and supervision of such
facilities.
D.
Parks, School Sites, Etc. Where an area
being subdivided includes lands proposed to be used for parks or schools
under the duly adopted Comprehensive Plan of the City and environs,
the subdivider shall not plat such lands as a part of the subdivision
plat; and shall confer with the appropriate public agency regarding
the time, method and amount of payment for the agency to acquire the
land; if no agreement has been reached upon the acquisition of the
area within two (2) years from the date of the submission of the preliminary
plan, the subdivider may then plat the balance of the area.
E.
Easements Along Streams. Whenever any stream
or important surface drainage course is located in an area which is
being subdivided, the subdivider shall provide an adequate easement
along each side of the stream for the purpose of widening, deepening,
sloping, improving, or protecting the stream or drainage course.
[R.O. 2013 § 410.050; R.O. 2005 §
23-32; Ord. No. 42.180]
A.
Whenever any person desires to subdivide land, he/she shall submit three (3) copies of the preliminary sketch plan conforming to the requirements of this Section 410.050 of this Chapter to the Commission before submission of the final plat.
B.
The preliminary plan shall show:
1.
The location of present lines, streets,
buildings, watercourses, tree masses, and other existing features
within the area to be subdivided and similar information regarding
existing conditions of land immediately adjacent thereto.
2.
The proposed location and width of
streets, alleys, lots, buildings and setback lines and easements.
3.
Existing sanitary and storm sewers,
water mains, culverts, and other underground structures within the
tract or immediately adjacent thereto. The location and size of the
nearest water main and sewer or outlet are to be indicated in a general
way upon the plan.
4.
The title under which the proposed
subdivision is to be recorded and the name of the subdivider platting
the tract.
5.
The names and adjoining boundaries
of all adjoining subdivisions and the names of recorded owners of
adjoining parcels of unsubdivided land.
6.
Contours with intervals sufficient
to determine the character and topography of the land to be subdivided,
but in no case shall the intervals be more than five (5) feet.
7.
Grades and profiles of streets and
plans or written and signed statements regarding the grades of proposed
streets and the width and type of pavement, location, size and type
of sanitary sewer or other sewage disposal facilities; water mains
and other utilities, facilities for stormwater drainage; and other
proposed improvements such as sidewalks, planting and parks and any
grading of individual lots.
C.
After the preliminary plan has been approved
by the Commission, it shall be submitted to the Board for its approval
or disapproval. Approval of the preliminary plan by the Board does
not constitute an acceptance or approval of the subdivision plat.
One (1) copy of the approved plan, signed by the Mayor, shall be retained
in the office of the City Clerk. One (1) signed copy will be given
to the subdivider.
[R.O. 2013 § 410.060; R.O. 2005 §
23-33; Ord No. 42.190]
A.
Receipt of the signed copy of the preliminary
plan is authorization for the subdivider to proceed with the preparation
of the plans and specifications for the following minimum improvements
and with the preparation of the final plat. Prior to the construction
of any improvements required or to the submission of a bond in lieu
thereof, or the provision for any assessment for such construction,
the subdivider shall furnish to the City Engineer all plans, information
and data necessary to determine the character of said improvements.
These plans shall be examined by the City Engineer and will be approved,
if in accordance with the requirements of this Section. Following
this approval, construction can be started or the amount of a bond
determined or an assessment provided for.
B.
No final or official plat of any subdivision
shall be approved unless:
1.
The subdivider agrees with the Board
upon an assessment whereby the City is put in an ensured position
to install the improvements listed below at the cost of the owners
of property within the subdivision; or
2.
The improvements listed below have
been installed prior to such approval; or
3.
The subdivider file with the Board
a surety bond, cashier's check or a certified check upon a solvent
bank located in the City of Fayette conditioned to secure the construction
of the improvements listed below in a satisfactory manner and within
a period specified by the Board, such period not to exceed two (2)
years. No such bond or check shall be accepted unless it be enforceable
by or payable to the City in a sum of at least equal to the cost of
constructing the improvements as estimated by the City Engineer and
in form with surety and conditions approved by the City Attorney.
C.
The owner of a tract may prepare and secure
approval of a preliminary subdivision plan of an entire area and may
install the above improvements only in a portion of such area, but
the improvements must be installed in any portion of the area for
which a final plat is approved for recording; provided, however, that
trunk sewers and any sewage treatment plants shall be designed and
built in such a manner that they can easily be expanded or extended
to serve the entire area.
1.
Permanent Markers.
a.
All subdivision boundary corners and the four (4) corners of all
street intersections shall be marked with permanent monuments. A permanent
monument shall be deemed to be concrete with a minimum dimension of
four (4) inches extending below the frost line, or steel pipe of at
least one (1) inch diameter firmly imbedded in concrete which extends
below the frost line. Should conditions prohibit the placing of monuments
on the line, offset marking will be permitted; provided, however,
that exact offset courses and distances are shown on the subdivision
plat.
b.
A permanent benchmark shall be accessibly placed and accurately noted
on the subdivision plat, the elevation of such benchmark to be based
on the USGS data.
2.
Street Improvements. All street and
public ways shall be graded to their full width, including site slopes,
and to the appropriate grade and shall be surfaced in accordance with
applicable standard specifications of the City. Such construction
shall be subject to inspection and approval by the City Engineer.
3.
Sidewalks. Concrete sidewalks shall
be constructed along at least one (1) side of every minor street shown
on the plat in accordance with applicable standard specifications
of the City, and concrete sidewalks shall be constructed along both
sides of all major streets; provided, however, that where the property
is platted in lots having an area of ten thousand (10,000) square
feet or more and a width of one hundred (100) feet or more, the Board
may waive this requirement.
5.
Sanitary Sewers. Each lot within
the subdivided area shall be provided with a connection to a public
sanitary sewer where reasonably accessible. All connections and the
subdivision sewer system shall comply with regulations of the State
Board of Health and shall be approved by the City Engineer. When a
public sewer system is not accessible, proper provisions shall be
made for the disposal of sanitary wastes as approved by the State
Board of Health.
6.
Drainage. All necessary facilities
shall be installed sufficient to prevent the collection of surface
water in any low spot, and to maintain any natural watercourse. Drainage
facilities satisfactory to the City Engineer shall be provided for
the ends of all cul-de-sacs and dead-end streets.
[R.O. 2013 § 410.070; R.O. 2005 §
23-34; Ord. No. 42.200]
A.
The final plat on tracing cloth and five
(5) prints thereof, together with copies of any deed restrictions
where such restrictions are too lengthy to be shown on the plat, shall
be submitted to the Board. The final plat is to be drawn at a scale
of not more than one hundred (100) feet to the inch from an accurate
survey and on one (1) or more sheets whose maximum dimensions are
eighteen (18) inches by twenty-four (24) inches. If more than two
(2) sheets are required, an index sheet of the same dimensions shall
be filed showing the entire subdivision on one (1) sheet and the area
shown on other sheets.
B.
The final plat shall show:
1.
The boundary lines of the area being
subdivided with accurate distances and bearings.
2.
The lines of all proposed streets
and alleys with their widths and names.
3.
The accurate outline of any portion
of the property intended to be dedicated or granted for public use.
4.
The line of departure of one street
from another.
5.
The lines of all adjoining property
and the lines of adjoining streets and alleys with their widths and
names.
6.
All lot lines together with an identification
system for all lots and blocks.
7.
The location of all building lines
and easements provided for public use, services or utilities.
8.
All dimensions, both linear and angular,
necessary for locating the boundaries of the subdivision, lots, streets,
alleys, easements, and any other areas for public or private use.
Linear dimensions are to be given to the nearest one one-hundredth
(1/100th) of a foot.
9.
The radii, area, chords, points of
tangency and central angles for all curvilinear streets and radii
for rounded corners.
10.
The location of all survey monuments
and benchmarks, together with their descriptions.
11.
The name of the subdivision, a small
sketch showing its general location, and the scale of the plat, points
of the compass, and name of owner or owners, or subdivider.
12.
The certificate of the surveyor attesting
to the accuracy of the survey and the correct location of all monuments
shown.
13.
Private restrictions and trusteeships
and their periods of existence. Should these restrictions or trusteeships
be of such length as to make their lettering on the plat impracticable
and thus necessitate the preparation of a separate instrument, reference
to such instrument shall be made on the plat.
14.
Acknowledgment of the owner or owners
to the plat and restrictions, including dedication to public use of
all streets, alleys, parks or other open spaces shown thereon and
the granting of easements required.
15.
Certificates of approval for endorsement
by the Board.
[R.O. 2013 § 410.080; R.O. 2005 § 23-35; Ord. No. 42.210]
Whenever the tract to be subdivided
is of such unusual size or shape or is surrounded by such development
or unusual conditions that the strict application of the requirements
contained in these regulations would result in real difficulties or
substantial hardship or injustice, the Board, after report by the
Commission, may vary or modify such requirements so that the subdivider
may develop his/her property in a reasonable manner, but so that,
at the same time, the public welfare and interests of the City are
protected and the general intent and spirit of these regulations preserved.
[R.O. 2013 § 410.090; R.O. 2005 § 23-36; Ord. No. 42.220]
[R.O. 2013 § 410.100; R.O. 2005 § 23-37; Ord. No. 42.230]
Any regulations or provisions of
this Article may be changed and amended from time to time by the Board;
provided, however, that such changes or amendments shall not become
effective until after a study and report by the Commission and until
after a public hearing has been held, public notice of which shall
have been given in a newspaper of general circulation at least fifteen
(15) days prior to such hearing.
