[R.O. 2012 § 505.010; Ord. No.
20 § 1, 8-5-1974]
The rules and regulations governing plats of the subdivisions
of land and lot splits contained herein shall be considered minimum,
and shall apply within the corporate limits of the City of Kimberling
City in accordance with the provisions of Section 89.410, RSMo.
[R.O. 2012 § 505.020; Ord. No.
20 § 2, 8-5-1974; Ord. No. 494, 12-1-2020]
For the purpose of interpreting this Chapter, certain terms
are defined, as follows:
A passage or way affording generally a secondary means of
vehicular access to abutting properties and not intended for general
traffic circulation.
The Board of Aldermen of Kimberling City, Missouri.
The Sketch Plan or City Plan or Comprehensive Plan of the
City of Kimberling City, whether in whole or in part, as adopted by
the Planning and Zoning Commission, approved by the Board of Aldermen
and duly recorded in the Office of the County Recorder of Stone County.
It may consist of several maps, data, and other descriptive matter,
for the physical development of the City or any portion thereto, including
any amendment, extension, or additions thereof adopted by the Board
of Aldermen indicating the general locations for major streets, parks,
schools, or other public open spaces, public building sites, routes
for public utilities, zoning districts, or other similar information.
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turn-around.
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 parcel of land occupied or intended for occupancy by a building, together with its accessory buildings, including open space for light and air as required by Chapter 400.
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, and other lands.
The Kimberling City Planning and Zoning Commission.
The City Engineer of the City of Kimberling City.
That portion of any street designed for vehicular traffic
and, where curbs are paved, that portion of the street between the
curbs.
The full width between the property lines bounding every
way whatever nature when any part thereof is open to use by the public
as a matter of right, for the purpose of vehicular traffic and whether
designated as a street, highway, freeway, expressway, thoroughfare,
parkway, throughway, road, avenue, boulevard, lane, place, circle,
court, or however otherwise designated.
Major streets and highways are those which are used primarily
for fast or heavy through traffic.
Collector streets are those which provide for traffic movement
between major streets and highways and local streets including principal
entrance streets or residential developments and streets for circulation
within such developments.
Local and minor streets are those used primarily to provide
direct access to individual lots and for local traffic movements.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing, or to the land
or territory subdivided.
A major street.
A major street so designated in the Official Thoroughfare
Plan.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning and Zoning Commission, approved by the Board of Aldermen,
and duly recorded in the Office of the County Recorder of Stone County.
The Official Zoning Ordinance of the City of Kimberling City, which is Chapter 400 of this Code.
[R.O. 2012 § 505.030; Ord. No.
20 § 3, 8-5-1974; Ord. No. 494, 12-1-2020]
A.
Compliance. Any owner or proprietor of any tract of land who subdivides
that tract of land and who violates any of the provisions of this
regulation shall be guilty of an ordinance violation, and upon conviction
thereof shall be punished by a fine not to exceed five hundred dollars
($500.00). (Each day during which such violation shall be permitted
to exist shall constitute a separate offense hereunder.)
B.
Recording. Any owner or any proprietor of any tract of land situated
within the corporate limits of the City who subdivides the same shall
cause a plat of such subdivision, with reference to known or permanent
monuments, to be made and recorded in the Office of the Recorder of
Deeds of Stone County. A reproducible copy shall be filed with the
City Clerk of Kimberling City also.
C.
Approval. No plat of a subdivision shall be recorded unless and until
it shall have been submitted and approved by the Commission and Board
in accordance with the regulations set forth in this regulation and
so certified by the City Clerk.
D.
Prepared By Land Surveyor And Professional Engineer. Every plat shall
be prepared by a registered land surveyor duly licensed by the State
who shall cause his/her seal to be affixed on the face of the plat.
All improvement plans, i.e., streets, water, sewer systems, etc.,
shall be prepared by a registered professional engineer, duly licensed
by the State, and such plans shall bear the seal and signature of
the professional engineer.
E.
Required Statement. Every plat or the deed of dedication to which
such a plat is attached shall contain, in addition to the registered
land surveyor's seal, a statement to the effect that the above and
foregoing subdivision of (here insert correct description of the land
subdivided) as appears in the plat in question is with the free consent
and in accordance with the desire of the undersigned owners, proprietors
and trustees, if any, and shall be duly acknowledged, before some
officer authorized to take acknowledgements of deeds, and when thus
executed and acknowledged, shall be filed and recorded in the Office
of the Recorder of Deeds of Stone County and indexed under the names
of the owners of the lands signing such statement and under the name
of the subdivision.
F.
No Contract Of Sale. No person, firm or corporation, proposing to
make or have made a subdivision within the territorial jurisdiction
of these regulations shall enter into any contract for the sale of,
or shall offer to sell any subdivision or any part thereof, until
he/she or it has obtained from the Planning and Zoning Commission
approval of the Final Plat of the proposed subdivision and the approval
made a matter of public record. Any person, firm or corporation engaged
in the dividing, or subdividing of land into lots or parcels for the
purpose of conveyance within the scope and application of these regulations
shall be known as the developer.
G.
Initial
Receipt of Plans. Upon receipt of initial new development and subdivision
plans, the City Administrator shall contract with the City Engineer,
City Attorney, and City Building Inspector for plan review and approval.
At that time, the City Administrator shall administer, in writing,
an estimated cost of all City engineering, legal, and inspector fees
that will be incurred by the City. The City Administrator shall file
a copy of the fee estimate with the City Clerk. All the costs and
expenses, including any costs or expenses incurred by the City, plus
the charges for connection fees as required by City ordinance, shall
be specially assessed, and an itemized billing of all costs will be
sent electronically, and by mail to the developer. All fees incurred
by, or due to, the City shall be paid in full by the development company.
[Ord. No. 494, 12-1-2020]
A.
Notwithstanding any other provisions of this Article or any other
ordinances of the City to the contrary, where it is intended that
all of the costs of new development construction will be specially
assessed by the City against properties benefited by the improvement,
with the City to collect the special assessments so levied to reimburse
the City for the amount paid or to be paid by it on the bonds, and
to otherwise pay for the costs of construction, engineering fees,
and attorney fees billed to the City for assessments on the project
should the bonds issued not pay for all of the costs, by observing
the following procedures:
1.
Establishment Of Special District And Authorization Of Improvements.
Upon receipt of the information for new development, the Board of
Aldermen shall establish and define the special district or joint
district in which the project will be constructed; authorize acquisition
of necessary right-of-way, for City utilities and streets, in accordance
with the laws of the State.
2.
Upon receipt of initial new development plans, the City Administrator
shall contract with the City Engineer, City Attorney, and City Building
Inspector for plan review and approval. At that time, the City Administrator
shall administer, in writing, an estimated cost of all City engineering,
legal, and inspector fees that will be incurred by the City. The City
Administrator shall file a copy of the fee estimate with the City
Clerk after estimates have been received. The estimate, after being
certified by the City Clerk, will be sent electronically and by mail
to the developer.
3.
All the costs and expenses, including any costs or expenses
incurred by the City, plus the charges for connection fees as required
by City ordinance, shall be specially assessed, and an itemized billing
of all costs will be sent electronically and by mail to the developer.
All fees incurred by, or due to, the City, if not covered by the bond
on record, shall be paid in full by the development company.
[R.O. 2012 § 505.040; Ord. No.
20 § 4, 8-5-1974; Ord. No. 150, 4-20-1993; Ord. No. 187, 6-20-1995; Ord. No. 494, 12-1-2020]
A.
In planning and developing new development or subdivision, the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.080 and with the rules and regulations, and concerning required improvements set forth in Section 410.090 in these regulations, and in every case shall pursue the following procedure:
1.
Pre-Application Proceedings — Planning And Zoning Commission
Representative. Prior to preparing and submitting the Preliminary
Plat to the Planning and Zoning Commission, the developer or his/her
engineer shall consult with the representative of the Planning and
Zoning Commission, while the plat is in sketch form to ascertain that
the general features of the subdivision, its layout, facilities and
required improvements shall be determined to the extent necessary
for preparation of the Preliminary Plat. The developer may also appear
before the Planning and Zoning Commission while the plat is in sketch
form for a similar consultation. The sketch shall be of adequate size,
enabling legible lot and street configurations and dimensional approximations.
If the Commission moves to accept the plat sketch in concept, it will
advise the developer by letter to proceed with the preparation of
a Preliminary Plat, prepared by a qualified, registered land surveyor.
The letter will also advise that the recommendation does not bind
the Planning and Zoning Commission to accept the Preliminary or Final
Plats. Pre-application proceedings shall be properly documented by
minutes of conferences and memoranda, as may be necessary, and copies
of such documentation shall be furnished by the developer.
2.
Preliminary Plat. The developer shall prepare and deliver to the City Engineer a Preliminary Plat of the proposed subdivision which shall conform with the requirements set forth in Section 410.050 at least two (2) weeks prior to the meeting of the Planning and Zoning Commission at which action is desired.
3.
Checking And Reviewing. The Preliminary Plat shall be checked
by the Planning and Zoning Commission as to its conformity with the
City Plan of Kimberling City, and as to the plat's compliance with
the standards, requirements and principles hereinafter prescribed;
and the Planning and Zoning Commission shall cause said Preliminary
Plat to be checked by the Planning and Zoning Commission's representative
to ascertain compliance with all applicable additional requirements
of Municipal, County, State, and Federal departments and agencies
concerned and with applicable regulations of public utility companies.
4.
Final Plat. Upon completion of all required improvements as
stipulated by the Planning and Zoning Commission, the developer shall
file with the Planning and Zoning Commission the Final Plat of the
subdivision. The Final Plat may include all or any reasonably acceptable
part of the approved Preliminary Plat. A fee of two hundred dollars
($200.00) must accompany the final plat to cover administrative costs.
5.
Approval, Disapproval Or Modification By Planning And Zoning
Commission. The approval of the Planning and Zoning Commission or
the refusal to approve shall take place within sixty (60) days from
and after the submission of the plat for final approval, unless the
developer agrees, in writing, to an extension of this time period;
otherwise said plat shall be deemed to have been approved and the
certificate of said Planning and Zoning Commission as to the date
of the submission of the plat for approval and as to the failure to
take action thereon within such time shall be sufficient in lieu of
the written endorsement or evidence of approval therein required.
The grounds of refusal of any plat submitted or regulations violated
by the plat shall be stated upon the record of the Planning and Zoning
Commission.
[R.O. 2012 § 505.050; Ord. No.
20 § 5, 8-5-1974]
A.
Number Of Copies And Required Scale. The Preliminary Plat of the
proposed subdivision, three (3) black line or blue line prints prepared
by a qualified registered land surveyor, shall accompany an application
in writing to the Planning and Zoning Commission. The horizontal scale
of the Preliminary Plat shall be one hundred (100) feet or less to
the inch. Improvement plans shall be prepared by a qualified registered
professional engineer and vertical scale of street and sewer profiles
shall be ten (10) feet or less to the inch.
B.
Required Information On Plat. The Preliminary Plat shall clearly
show the following features and information.
1.
Name And Code. The proposed name of the subdivision which shall
not duplicate or closely approximate the name of any other subdivision
in the City of Kimberling City, or of any Subdivision filed in Stone
County.
2.
Designation. The tract designation according to real estate
records of the Recorder of the county where located.
3.
Owners Of Record. The names and addresses of the owner or owners
of record, the developer and the engineer or surveyor.
4.
Boundary Lines. The boundary lines, accurate in scale, of the
tract to be subdivided.
5.
Streets And Other Features. The location, widths, and names
of all existing or platted streets or other public ways within or
adjacent to the tract, and other important features such as existing
permanent buildings; large trees and water courses; railroad lines;
corporation and township lines; utility lines, etc.
6.
Existing Utilities. Existing sewers, water mains, culverts and
other underground structures within the tract and immediately adjacent
thereto with pipe sizes and grades indicated.
7.
Soils. Type and extent of soil groups with main soil horizon
description.
8.
Geology. Location, type, and extent of subsurface and exposed
geological formations.
9.
Proposed Design — Street, Drainage, Etc.
a.
The layout names and widths of proposed streets, alleys and
easements;
b.
The location and approximate sizes of catch basins, culverts
and other drainage structures;
c.
The layout, numbers and approximate dimensions of proposed lots.
Proposed streets names shall be established to the satisfaction of
the Planning and Zoning Commission Representative and shall not duplicate
or closely approximate any existing or platted street names in the
City, except extensions of existing streets.
10.
Zoning. Zoning boundary lines if any, proposed uses of property
and proposed front yard set-back lines.
11.
North Point, Etc. North-Point, scale, date, title and other
pertinent data.
12.
Deed Restrictions. Copies of any private restrictions to be
included in the deeds should be attached to the Preliminary Plat.
[R.O. 2012 § 505.060; Ord. No.
20 § 6, 8-5-1974]
A.
In addition to all of the standard requirements for a Preliminary Plat as indicated in Section 410.050 of this Chapter, the altered or additional requirements contained below will be required as part of the final plat.
1.
Number Of Copies And Required Scale. Three (3) black line or
blue line prints of the final or record plat of the subdivision, or
any part of a larger subdivision, shall be submitted to the Planning
and Zoning Commission by the developer, together with a written application
for approval on forms provided by the Planning and Zoning Commission.
The original and Final Plat shall be filed with the County Recorder
of Deeds and a reproducible copy shall be filed with the City Clerk
of Kimberling City.
2.
Bearings — Distances. True bearings and distances to nearest
established street bounds, patent or other established survey lines,
or other official monuments, which monuments shall be located or accurately
described on the plat. Any patent or other established survey or corporation
lines shall be accurately monument-marked and located on the plat,
and their names shall be lettered on them. The length of all arcs-radii,
points of curvature and tangent bearings; all easements and right-of-way,
when provided for or owned by public services (with the limitation
of the easement rights definitely stated on the plat); all lot lines
with dimensions in feet and hundredths, and with bearings and angles
to minutes if other than right angles to the street and alley lines.
3.
Monuments. The accurate location and material of all permanent
reference monuments.
4.
Lots And Block Numbers. All lots, plots or building sites (lots)
in any addition to a subdivision shall be arranged in blocks designed
in consideration of topography, soil and intended use. Lots shall
be numbered consecutively from one (1) to the total number of lots
in a block. Resubdivided lots shall be designated by their original
number and a letter suffix: 3A, 3B, 3C, etc.; or by their original
number prefixed with a term accurately describing such division: W
1/2 of 3, N 40 ft. of 5, etc.
5.
Dedicated Property. The accurate outline of all property which
is offered for dedication for public use, and of all property that
may be reserved by covenant in the deeds for the common use of the
property owners in the subdivisions, with the purpose indicated thereon.
All lands dedicated to public use other than streets or railroads
shall be marked "Dedicated to the Public."
6.
Engineer's Certificate. Affidavit and certificate by a qualified
professional engineer, or a qualified registered land surveyor to
the effect that the plat is a correct representation of all the exterior
boundaries of the land surveyed and the subdivision of it; that the
plat represents a survey made by him/her and that all monuments indicated
thereon actually exist and their location, size and material are correctly
shown.
7.
Tax Paid Certificate. A certificate issued by the authorized
City and County officials to the effect that there are no unpaid taxes
due and payable at the time of plat approval and no unpaid special
assessments, whether or not due and payable at the time of plat approval,
on any of the lands included in the plat, and that all outstanding
taxes and special assessments have been paid on all property dedicated
to public use.
[R.O. 2012 § 505.070; Ord. No.
20 § 7, 8-5-1974; Ord. No. 140, 5-4-1992; Ord. No. 150, 4-20-1993; Ord. No. 160, 1-4-1994; Ord. No. 187, 6-20-1995]
A.
Minor Subdivisions — Exemptions. In the case of a small subdivision of minor importance situated in a locality where conditions are well defined, the Planning and Zoning Commission on written request of the developer, may exempt the developer from complying with some of the requirements stipulated in Sections 410.040, 410.060 and 410.070, pertaining to the preparation of the plats.
B.
Lot-Splits/Lot-Combinations.
1.
Any proposed lot-combination or lot-split shall be submitted
to the Planning and Zoning Commission for its determination. The requestor(s)
may present a sketch plan initially to obtain advice and counseling
from the Commission on the proposed change. The sketch shall be of
adequate size, enabling legible lot and street configurations and
dimensional approximations. If the Commission moves to accept the
plat sketch in concept, it will advise the petitioner by letter to
proceed with the preparation of an amended plat, certified by a professional
engineer or registered land surveyor indicating the original platted
boundaries and the final configuration of the boundaries of the lots,
being split or combined. The letter will also advise that this recommendation
does not bind the Planning and Zoning Commission to accept the amended
plat; it will also advise that the following will be required to accompany
the amended plat when it is submitted to the City Clerk:
a.
Original/platted boundary(ies) of the lots being split or combined.
b.
The amended plat shall indicate the final configuration of the
boundaries of the lot or lots being split or combined.
c.
The amended plats shall be certified by a professional engineer
or registered surveyor.
d.
A fee of fifty dollars ($50.00) must accompany the request.
2.
If the Planning and Zoning Commission is satisfied that such lot-combinations or lot-split is not contrary to applicable regulations, it may recommend approval of the stated request to the Board of Aldermen; provided such action is without detriment to the public interest and is consistent with the desirable general development of welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Regulations set out in Chapter 400.
3.
Pre-application proceedings shall be properly documented by
minutes of conferences and memoranda, as may be necessary, and copies
of such documentation shall be furnished by the developer.
C.
Modification — Undue Hardship. In any particular case where
the developer can show by plan and written statement that, by reason
of exceptional topographic or other physical conditions, literal compliance
with any requirement of these regulations would cause practical difficulty
or exceptional and undue hardship, the Planning and Zoning Commission
may modify such requirement to the extent deemed just and proper,
so as to relieve such difficulty or hardship; provided such relief
may be granted without detriment to the public interest and without
impairing the intent and purpose of these regulations or the desirable
general development or welfare of the neighborhood and the community
in accordance with the Comprehensive Plan and the Zoning Ordinance.
Any modification thus granted shall be spread upon the minutes of
the Planning and Zoning Commission setting forth the reasons which
in the opinion of the Planning and Zoning Commission, justified the
modification.
[R.O. 2012 § 505.080; Ord. No.
20, § 8, 8-5-1974;
Amend. #1 to Ord. No. 20, 9-4-1979]
A.
Generally.
1.
In order to protect the health, safety and general welfare of
the people, the Planning and Zoning Commission will reject any proposed
subdivision located in an area subject to periodic flooding. Whenever
a subdivision is proposed to be located in an area having poor drainage,
or other adverse physical characteristics and impairment, the Planning
and Zoning Commission may approve the plat provided the developer
binds himself legally to make such improvements as, in the judgement
of the Planning and Zoning Commission, will render the subdivision
substantially safe and otherwise acceptable for the intended use.
2.
In order to insure proper development of the subdivision, completion
of improvements, utilities and streets in accordance with the requirements
of this Chapter, the developer shall post with the Commission a surety
performance bond, running to the City of Kimberling City, written
by a professional bonding company or other surety acceptable to the
Planning and Zoning Commission, sufficient to cover the cost of such
improvements as estimated by the officials having jurisdiction.
3.
All work in connection with the requirements outlined in Subsection A(1) and (2) above shall be completed within eighteen (18) months from the date of approval of the subdivision by the Board of Aldermen of the City of Kimberling City. Unless an extension in time is granted by the Board of Aldermen of the City of Kimberling City; otherwise the performance bond or other such security shall be paid to the City which may then arrange to complete the required work from the bond proceeds.
B.
Comprehensive Plan — Compliance. The subdivision layout shall
conform to the Official Thoroughfare Plan or other elements of the
Comprehensive Plan. Whenever a tract to be subdivided embraces any
part of a highway, thoroughfare or other major collector street so
designated on said Plan, such part of such public way shall be platted
by the developer in the location and at the width indicated in the
Plan.
C.
The Street And Block Layout. 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, proposed
streets shall be continuous and in alignment with existing, planned
or platted streets with which they are to connect.
1.
Dead-End Streets. Dead-end streets of reasonable length may
be approved where necessitated by topography or where, in the opinion
of the Planning and Zoning Commission, they are appropriate for the
type of development contemplated.
2.
Intersecting Streets. Proposed streets shall intersect one another
as nearly at right angles as topography and other limiting factors
of good design permit. Four-way intersections shall be used for minor
interior streets wherever practicable and not in conflict with other
applicable design principles and standards.
3.
Access. Each lot shall be provided with access to the public
street or highway to assure convenient ingress and egress to and from
such lot, and to provide adequately for the layout of utilities, garbage
and waste removal, fire and police protection, and other services,
and to protect and further the public health and safety generally.
D.
Street Right-Of-Way Requirements And Utility Easements.
1.
Streets. Forty-foot right-of-way.
2.
Minor Streets, Dead-End Streets And Cul-De-Sac Streets. All
dead-end streets shall terminate in a circular turn-around having
a minimum right-of-way diameter of one hundred (100) feet.
3.
Alleys. Alleys, where platted, shall have a minimum width of
twenty (20) feet.
4.
Utility Easements. Utility easements, where required, shall
be at least ten (10) feet wide along rear or side lot lines. Easements
of adequate width shall be provided for open drainage channels, where
required.
E.
Minimum Pavement. Minimum pavement widths required to be installed
at subdivider's expense, shall be as follows:
1.
Streets. Sixteen (16) feet. In the case of a major thoroughfare
or collector street requiring pavements wider than sixteen (16) feet,
the matter of financial and other arrangements for installing such
wider pavements at the time the developer will make the improvements
shall be taken up by the developer with the officials having jurisdiction.
2.
Minor, Dead-End And Cul-De-Sac Streets. Sixteen (16) feet. The
pavement of a turning circle at the end of a dead-end street shall
have a minimum outside diameter of eighty (80) feet.
3.
Alleys And Service Drives. Eighteen (18) feet.
F.
Lot Dimensions, Shapes And Position. The size, shape and orientation
of lots shall be appropriate for the location and physical character
of the proposed subdivision and for the type of development contemplated
in compliance with applicable Zoning Ordinance or regulations.
[R.O. 2012 § 505.090; Ord. No.
20 § 9, 8-5-1974; Amend.
#2 to Ord. No. 20, 6-17-1980; Ord. No. 141, 6-1-1992; Ord. No. 252, 1-2-2001]
A.
All improvements required under these regulations shall be constructed
in accordance with the specifications and under the supervision of
the official having jurisdiction in the manner prescribed below:
1.
Street Construction.
a.
Streets shall be constructed with a subbase, base and surface.
Streets shall conform to the following dimensions:
|
Street Type
|
Subbase Width
(feet)
|
Surface Width
(feet)
| |
|---|---|---|---|
|
Major
|
24
|
20
| |
|
Collector
|
22
|
18
| |
|
Minor
|
20
|
16
|
b.
The construction of the subbase shall be compacted native material
with a cross slope of one-half (1/2) inch per foot each way from the
center of the street. In areas where the subbase is excavated, a minimum
ditch one-foot wide by two (2) feet deep shall be constructed with
minimum side slopes of two (2) horizontal to one (1) vertical. The
ditch shall have a minimum slope to natural grade of one-half (1/2)
inch per foot to natural grade. In area filled the minimum side slope
shall be two (2) horizontal to one (1) vertical to natural grade.
Size of culvert shall be thirteen (13) inches by seventeen (17) inches
oval or fifteen (15) inches steel corrugated round or twelve (12)
inches polyethylene (smooth bore) pipe.
c.
The base course shall be a minimum of six (6) inches thick,
wetted, compacted Grade A or B crushed rock with a cross slope of
one-half (1/2) inch per foot each way from the center of the street.
A prime coat of type RC, MC or emulsified asphalt shall be applied
at thirty-five tenths (0.35) gallon per square yard to the dry base
course.
d.
The surface course of streets shall be a minimum of two (2)
inches, culs-de-sac shall be a minimum of two and one-half (2 1/2)
inches compacted thickness of hot mix asphaltic concrete applied to
the primed base course.
e.
All materials and construction shall conform to the Missouri
Highway Department and the City's road improvement work contract specifications.
2.
Water Supply.
a.
Where a public water supply main is reasonably accessible, in
the judgment of the Planning and Zoning Commission, the subdivision
shall be provided with a complete loop type water distribution system
adequate to service the area being platted, including a connection
for each lot. The Planning and Zoning Commission shall not approve
the final plat thereof until the Missouri State Board of Health certifies
compliance with the applicable regulations of said Board of Health,
Section 192.200, RSMo., 1978.
b.
A two-inch riser pipe fitted with standard two and one-half-inch
fire hose threaded cap shall be installed at designated locations
along the main supply system to serve as a means of refilling the
Volunteer Fire Department tank truck when fighting a fire in the vicinity.
c.
A similar installation as described in Subsection(A)(2)(b) above
shall be installed at multi-family dwellings, condominium complexes
and resorts or motels.
3.
Storm Drainage. Every subdivision shall be provided with a storm
water drainage system adequate to serve the area being platted and
otherwise meeting the approval of the officials having jurisdiction.
4.
Sewerage. Sewerage disposal systems and facilities shall be
installed and maintained in accordance with the regulations and requirements
of the City of Kimberling City and the Missouri Division of Health.
5.
Street Name Signs. Street name signs shall be installed in accordance
with the specifications of the Planning and Zoning Commission or its
representatives.
6.
Water Distribution Plan. A plan of the proposed water distribution
system showing pipe sizes and the location of valves and fire hydrants.
7.
Modifications. Where unusual or exceptional factors or conditions
exist, the Planning and Zoning Commission may modify any of the provisions
of these regulations, on written application by the developer. The
developer's application shall set forth the reasons for such requested
modifications and shall be attached to all copies of the construction
plans.
[R.O. 2012 § 505.095; Ord. No.
252, 1-2-2001]
A.
B.
Speed Limit. In the event the City does not have a City Engineer
on staff, the Public Works Committee, with the approval of the Chief
of Police, shall recommend any speed limit change to the Board of
Aldermen.
[Ord. No. 515, 12-7-2021]
A.
Streets
are constructed at the expense of abutting property owners and are
maintained by abutting property owners until street improvements are
constructed to the applicable standards of, and accepted for maintenance
by, the City. Until a street improvement has been constructed to City
standards and the City has expressly assumed responsibility for street
maintenance, it is the exclusive duty of the abutting property owners
to construct, reconstruct, repair and maintain the unimproved street
in a condition reasonably safe for the uses that are made of the street
and adjoining properties. Streets that have not been improved to City
standards are not and will not be maintained or improved at City expense,
except at the discretion of the City and as provided in this Code.
The City may, at its discretion, conduct maintenance and repair
activities on gravel streets and alleys. Such an action will not constitute
an express or implicit decision by the City to accept maintenance
responsibility for such a street or alley.
B.
Disputes
regarding the condition of the unimproved street are private actions
among affected property owners.
C.
Maintenance
And Construction Responsibility. Kimberling City assumes no responsibility
for maintenance, construction, nor reconstruction of any street until
and unless:
D.
Maintenance
Restrictions.
1.
Residents and property owners are not required to obtain a permit
to maintain public streets abutting their properties if those streets
have not been accepted for maintenance by the City or any other jurisdictions,
provided the following conditions are met:
a.
The travel lane width of the unimproved portion of the street remains
the same.
b.
There is no resulting change in existing drainage patterns outside
the public right-of-way.
c.
Drainageways located within public rights-of-way are not filled in
or otherwise altered in any manner that could impact the flow of water.
d.
The materials used for maintaining the street are equivalent to the
existing street materials, except that gravel may be used to resurface
a dirt road.
e.
Asphalt, concrete or other man-made materials may not be applied
to existing dirt or gravel surfaces, nor may existing dirt or gravel
surfaces be converted to a paved surface.
f.
The maintenance activities and resulting condition of the street
do not adversely affect surrounding properties.
g.
Trees in the public right-of-way are not removed or pruned unless
approval is granted by the Building Inspector.
h.
Speed bumps or other types of devices intended to slow traffic are
not constructed.
2.
The City Engineer retains final authority to regulate all maintenance
and construction activities in the public right-of-way, regardless
of whether a permit is required or obtained.
3.
The City retains exclusive authority to establish traffic control
devices. This includes, but is not limited to, all regulatory, warning,
and guide signs, and all types of pavement markings.
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The owner(s) of land abutting any street that has not been improved
to City standards and accepted for maintenance shall be liable for
any and all damages to any person who is injured or otherwise suffers
damages resulting from the defective condition of the street, or by
reason of the property owner's failure to keep the street in safe
condition and good repair. Said property owner(s) shall be liable
to the City of Kimberling City for any amounts which may be paid or
incurred by the City by reason of all claims, judgments, or settlements,
and for all reasonable costs of defense, including investigation costs
and attorney fees, by reason of said property owners' failure to satisfy
the obligations imposed by the Code of the City of Kimberling City
to maintain, construct and repair such streets.
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[R.O. 2012 § 505.100; Ord. No.
265, 5-7-2002]
A.
In the subdividing of any land within the jurisdiction, due regard
shall be shown for all natural features, such as tree growth, natural
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 prevent additional runoff onto adjoining property and to avoid
extensive regarding of the site.
