[HISTORY: This Chapter is derived from Ord. No. 563, adopted
2-22-1999, as amended 6-24-2013 by Ord. No. 788 and 7-27-2015 by Ord.
No. 839, and was previously codified as CC 2010 §§ 21.010
through 21.270. It was amended and restated in its entirety 5-21-2018
by Ord. No. 893. Subsequent ordinance amendments are noted in the
text at the location of the revised wording.]
For the purposes of this Chapter, the following words and/or
phrases will have the meanings indicated below:
A minor way which is used primarily for vehicular service
access to the back or side of properties abutting on a street.
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the land involved.
The Governing Body of the City, the Board of Aldermen.
A line or lines on a plat designating the area adjacent to
the street right-of-way, inside of which no building or structure
may be erected.
The City of Sturgeon, Missouri, a municipal corporation,
including all land within the corporate limits of the City as such
limits now exist or may, from time to time, be extended or retracted.
The Planning and Zoning Commission of the City.
That private land set aside for open space, including stormwater
drainage area, retention lake, ponding, or recreational use areas
for the owners of lots in a subdivision, which land is conveyed for
the benefit, use, and enjoyment of the lot owners of the subdivision.
A form of property ownership under the Condominium Property
Act, Chapter 448, RSMo.
A street terminated at one (1) end by a widened pavement
for the safe and convenient reversal of traffic movement.
The temporary storage of the differential runoff of stormwater
by providing permanent facilities.
Any person, partnership, firm, corporation, association,
trust, estate or political subdivision or other government entity
seeking to subdivide or improve land within the City. The terms "subdivider,"
"owner," and "proprietor" shall have the same definition as "developer"
unless the context requires otherwise.
A grant of the use of specified land for limited, specific
purposes by the property owner to the public, or to any person or
other private party or legal entity.
A title insurance company, bank, savings and loan association,
trust company, attorney, or any other person or agency approved by
the City Attorney to act as escrow agent under the provisions of this
Chapter.
That area within the City subject to a one-percent or greater
chance of flooding in any given year. This area is designated on the
Federal Emergency Management Agency Flood Hazard Boundary Maps and
Flood Insurance file map for the City and county.
The detailed plans for construction or reconstruction of
streets, curbs, gutters, sanitary and storm sewers, permanent street
monuments, water mains and other appropriate items.
A parcel or tract of land, or a proposed parcel or tract
of land, distinguished from other parcels or tracts of land by legal
description by metes and bounds or on a survey or plat, or on a proposed
survey or plat.
A lot or tract in the original town of the City or in a subdivision
or addition of the City described in a deed, survey or plat recorded
in the office of the County Recorder of Deeds, or a lot or tract in
the City described by metes and bounds in a deed, survey or plat recorded
in the office of the County Recorder of Deeds.
The Mayor of the City, or his or her designated representative.
LOT CORNERSA straight iron pipe not less than one (1) inch outside diameter or a straight reinforcing bar not less than three-fourths of an inch in diameter and not less than thirty (30) inches in length set not less than twenty-four (24) inches in the ground.
CONTROL POINTSAn iron pipe or reinforcing bar as described in Subsection (1) of this definition set in concrete four (4) inches in diameter and twelve (12) inches in depth, or a four-inch-by-four-inch concrete post set not less than twenty-four (24) inches in the ground with the top of the post adequately marked to define the control point. Permanent pavement makers acceptable to the Board may be utilized to define the center lines of rights-of-way at the control points in lieu of the above-described monuments.
A person, firm, trust, estate, political subdivision or other
governmental entity, association, partnership, corporation, or any
other legal entity, or agent of any of them, having sufficient proprietary
interest in any land sought to be subdivided to commence and maintain
proceedings to subdivide land under the provisions of this Chapter.
See definition of "developer."
An accurate drawing or map of the land proposed to be subdivided.
SKETCH PLATA drawing of a proposed subdivision, not necessarily to scale, but indicating general topographic features and the general layout of the proposed subdivision, according to the requirements of law.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of a total subdivision, so designated on the plat and meeting the requirements of this Chapter.
FINAL PLATThe final map of all or a portion of a subdivision, so designated on the plat and meeting the requirements of this Chapter, and prepared for official recording with the County Recorder of Deeds.
ARTERIAL STREETA roadway used primarily for fast or heavy traffic, including all streets designated as major, thoroughfares or freeways.
COLLECTOR STREETA street used to carry traffic from residential streets to arterial streets and/or highways.
RESIDENTIAL STREETA street used primarily for access to abutting residential property.
The division of land into two (2) or more smaller lots, tracts,
parcels or other divisions of land or the relocation of a property
line for the purpose of building development (i.e., lot combination),
transfer of ownership and/or the dedication or establishment of a
public street or roadway; provided, however, the term "subdivision"
shall not include:
The division of land into two (2) lots, tracts or parcels, each
of which is greater than five (5) acres.
Any public street or roadway dedicated or established if the
Board, by code, specifically declares that such dedication or establishment
shall not be subject to the provisions of this Chapter, which said
code may be conditioned on the public street or roadway being designed
and constructed in a manner specified in the code and that such other
conditions as specified in the code are complied with by the owner
dedicating or establishing the public street or roadway.
A division of land ordered by a court, including but not limited
to partition, probate order of distribution of specifically devised
land, and probate order for the sale of real estate.
The term "subdivision" shall include resubdivision and, when
appropriate to the context, shall relate to the process of subdividing
or the land subdivided.
A subdivision shall be classified as either a "lot split," "lot
combination," "a minor subdivision," or a "major subdivision"; defined
as follows:
LOT SPLIT/LOT COMBINATIONA division of a lot or tract into two (2) lots or the revision of the lot line between two (2) lots, and thus being exempt from the requirements of codes pertaining to major and minor subdivisions.
MINOR SUBDIVISIONAny subdivision not classified as a lot split, not containing more than five (5) lots and not involving any new street or roadway.
MAJOR SUBDIVISIONAny subdivision not classified as a lot split or as a minor subdivision.
A.
No owner, or agent of the owner, of any land located within the City,
knowingly or with intent to defraud, may transfer, sell, agree to
sell or negotiate to sell that land by reference to or by other use
of a plat of any purported subdivision of the land before the plat
has been approved by the Board and recorded in the office of the County
Recorder of Deeds. Any person violating the provisions of this Section
shall forfeit and pay to the City a penalty not to exceed three hundred
dollars ($300.00) for each lot transferred or sold or agreed or negotiated
to be sold; and the description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the transaction from this penalty. The City may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action.
B.
No plat of any subdivision shall be entitled to be recorded in the
office of the County Recorder of Deeds or have any validity until
it shall have been approved in the manner prescribed by this Chapter
and the Revised Statutes of Missouri. In the event any such unapproved
plat is recorded, it shall be considered invalid, and the Board may
institute proceedings to have the plat stricken from the county records.
C.
No changes, erasures, modifications or revisions shall be made in
any plat or a subdivision after approval has been given by the Board
and endorsed in writing on the plat, unless the plat is first resubmitted
to the Board; except that the Mayor shall have the authority to grant
adjustments for mathematical corrections.
D.
The City Clerk shall not issue a building permit for any structure
on a lot in a subdivision for which a plat has not been approved and
recorded in the manner prescribed herein.
A.
Lots in a major subdivision may be developed in separate tracts or
sections, which shall be successively numbered and identified under
the names of the subdivision as section or tract one, two, three,
and so on. In such instance, the owner shall cause to be prepared
by a registered surveyor or a registered engineer a general plan of
the entire subdivision, showing the approximate location of all arterial
streets and/or highways, collector streets and the public sanitary
sewer and storm sewer drainage facilities contemplated and reasonably
required to serve the entire subdivision.
B.
The general plan shall contain such other information as may be required
for a sketch plat in compliance with this Chapter and may be submitted
in lieu of a separate sketch plat for each tract or section.
C.
When a general plan of subdivision is required, the owner shall cause
eight (8) prints thereof to be filed with the Mayor at the same time
the preliminary plat of the first section or tract is filed. The Mayor
shall distribute the copies of the general plan in the manner and
at the time provided in this Chapter.
A.
Contents. Data furnished in a sketch plat for a major subdivision
or minor subdivision shall be as follows:
1.
Subdivision boundaries, including bearings and distances.
2.
North point.
3.
The name of the proposed subdivision, the owner and all adjoining
property owners as disclosed by the most recent tax records.
4.
All existing streets and roads, wet and dry weather streams,
floodplain areas, sinkholes, wetlands, and structures within the proposed
subdivision and within two hundred (200) feet therefrom.
5.
Significant topographical or physical features as may be necessary
or required by the Commission.
6.
Proposed general street and utility layout.
7.
Proposed general lot layout.
B.
Submission Procedure. Each developer shall submit to the Mayor ten
(10) copies of a sketch plat for any proposed subdivision. Such sketch
plat will be considered as submitted for informal discussion between
the Commission and the developer. When the sketch plat being submitted
is classified as a minor subdivision, the Mayor shall give the developer
at least fifteen (15) days' notice of the date, time and place
of the next meeting of the Commission wherein the sketch plat shall
be reviewed by the Commission. In addition, for a minor subdivision
sketch plat, the Mayor shall notify the public of the submission of
the sketch plat and the review of that plat at a Commission meeting
by public notice in a newspaper of general circulation within the
City, at least fifteen (15) days before said Commission meeting. The
developer or his or her designated representative shall appear and
be heard, then the Commission shall conduct a public hearing at which
other interested persons may appear and be heard regarding the minor
subdivision sketch plat. As far as may be practical on the basis of
the sketch plat and the public hearing, if required, the developer
will be informally advised of the extent to which the proposed subdivision
conforms to the requirements of this Chapter. When the sketch plat
being submitted is classified as a minor subdivision, the developer
may bypass the preliminary plat procedure and submit improvement plans
and a final plat as provided in this Chapter.
A.
Generally. An owner who intends to subdivide land into lots constituting
a major subdivision for the purposes of sale and/or development or
to dedicate land for streets, alleys, parks or other public use shall
have prepared by a registered surveyor or a registered engineer a
preliminary plat of the land within the subdivision, or the section
or tract thereof to be developed first, prior to developing the land.
As additional sections or tracts of the subdivision are desired to
be developed, a preliminary plat of each section or tract shall be
filed, and all of the provisions of this Chapter shall be observed.
An owner who intends to subdivide land into lots for a minor subdivision
may, but shall not be required to, have prepared a preliminary plat
in accordance with this Section.
B.
Contents. The preliminary plat shall be drawn to a scale of not more
than one hundred (100) feet to the inch and shall show, or be accompanied
by, the following information:
1.
The north point and scale.
2.
The location of all existing property lines, adjoining streets
and alleys, watercourses, storm sewers, sanitary sewers, water mains,
gas mains and other pertinent utilities; culverts and existing buildings
and pertinent features within the area to be subdivided and in the
adjoining streets or alleys.
3.
The names of all adjoining subdivisions, if any.
4.
The proposed lot layout, proposed use of lots, location and
width of all streets and alleys, and the zoning districts in which
the land to be subdivided is located according to the current zoning
map of the City.
5.
The title under which the subdivision is to be recorded, the
names of all the owners of the same, including the names of the officers
of any corporate owner, and the name of the registered surveyor or
registered engineer platting the tract of land to be subdivided. The
township, range, and section numbers of the land. If the plat is of
a section or tract of a subdivision, the identification by section
or township number.
6.
A scaled map of the City, upon which shall be sketched, to the
scale appearing thereon, the correct location of the proposed subdivision
and its boundaries.
7.
The location and direction of drainage of all proposed watercourses
and natural drainage channels.
8.
The proposed location of all utilities.
9.
All proposed areas of land to be dedicated for public use, and
all proposed areas of land for private easements or common land for
the use and benefit of all lot owners in the subdivision.
10.
Each street, identified by its proposed street name, and additional
rights-of-way to be added to existing streets.
11.
The floodplain zoning district, if any, and any proposed alteration,
adjustment, or change in the elevation or topography of any area in
a floodplain zoning district or shown on the Federal Emergency Management
Agency's Flood Boundary and Floodway Map. Development of lots
within the floodplain shall require approval of a floodplain study
prepared by a registered engineer.
12.
Approximate area in square feet of minimum and maximum size
of lots, if less than one (1) acre in area, and in acres and tenths
of acres if one (1) acre or more in area, into which the land is proposed
to be subdivided.
13.
Approximate location of existing and proposed sidewalks and
pedestrian walkways.
14.
Proposed building lines and setback requirements, if more restrictive
than those required by other City zoning codes.
15.
Proposed type of treatment or method of sewage disposal, if
not the City sanitary sewer system.
16.
If the developer intends to subdivide any portion of the land
into a group housing project, planned business district, planned trailer
court district or other project being developed under a special zoning
procedure section or conditional use permit, then the preliminary
plat shall, in addition, include the following data:
17.
A certification by the registered surveyor or registered engineer
who prepared the plat that the plat is a correct representation of
all existing and proposed land division.
18.
The results of any tests made to ascertain subsurface rock and
soil condition and the water table.
19.
Proposed covenants or restrictions intended for all or any of
the lots of the subdivision, or covenants or restrictions required
by this Chapter.
C.
Submissions And Approval Procedure.
1.
The owner shall submit eight (8) prints of the preliminary plat
to the Mayor. Two (2) prints shall be transmitted to the Alderman
representing the ward in which the proposed subdivision is located,
one (1) print shall be retained by the Mayor for the Board, and five
(5) prints promptly shall be transmitted to the Commission for further
study, investigation and recommendation. Upon submission of the preliminary
plat to the Mayor, the Mayor shall give the owner at least fifteen
(15) days' notice of the date, time and place of the next meeting
of the Commission wherein the preliminary plat shall be reviewed by
the Commission. In addition, the Mayor shall notify the public of
the submission of the preliminary plat and the review of that plat
at a Commission meeting by public notice in a newspaper of general
circulation within the City, at least fifteen (15) days before said
Commission meeting.
2.
The Mayor shall review the plat for conformity with the requirements
of this Section and shall also solicit the comments of the Sturgeon
School District, the County Planning and Zoning Department, and any
utility proposed to serve the land or having a report to the Commission
detailing any findings or comments which he or she believes relevant
to the consideration of the Commission. The report shall be submitted
before the Commission meeting wherein the preliminary plat is reviewed.
3.
At its next meeting, the Commission shall conduct a public hearing
and review the preliminary plat. At said public hearing, the owner
or his or her designated representative shall appear and be heard,
and other interested persons may appear and be heard regarding the
plat.
4.
Within forty-five (45) days, or such additional period of time
as the owner consents to in writing, after submission of the preliminary
plat by the owner, the Commission shall act upon the plat and approve,
conditionally approve or disapprove the same.
5.
If the Commission conditionally approves the plat, it shall
state in writing any revisions, modifications, additions or deletions
required of the owner by State law and/or City Code before a final
plat may be prepared for approval. Such revisions, modifications,
additions or deletions to the preliminary plat may relate:
a.
To the width and/or alignment of streets;
b.
To the type, capacity and location of sanitary sewer and/or
storm sewer facilities;
c.
To the location and capacity of all public utility facilities;
d.
To the location, width and purpose of easements appearing on
the preliminary plat or required by the City for public use;
e.
To lot sizes and/or lot layout; and
f.
To such other matters as, in the opinion of the Commission,
may be in the public interest.
6.
The Commission shall submit a written report of its action on
the preliminary plat to the owner and to the Mayor along with a copy
of the preliminary plat, indicating any necessary revisions or modifications
it believes are necessary. Upon submission of the preliminary plat
to the Mayor, the Mayor shall give the owner at least fifteen (15)
days' notice of the date, time and place of a meeting of the
Board wherein the preliminary plat and the written report of the Commission
shall be reviewed by the Board. In addition, the Mayor shall notify
the public of the Board's review of the Commission's written
report and the preliminary plat at a Board meeting by public notice
in a newspaper of general circulation within the City, at least fifteen
(15) days before said Board meeting. At the Board meeting notice was
given for, the Board shall conduct a public hearing. The owner or
his or her designated representative shall appear and be heard and
other interested persons may appear and be heard regarding the Commission
report and the preliminary plat. At the next Board meeting following
the public hearing, the Board shall, by resolution, enter its order
approving, modifying or rejecting the written report of the Commission
on the preliminary plat.
7.
If the Commission fails to approve or disapprove the preliminary
plat within sixty (60) days after submission of the preliminary plat
by the owner, or within such additional time as the owner consents
to in writing, the plat shall be deemed and considered approved by
the Commission, and the City Clerk shall certify the approval of the
Commission on the plat.
8.
Approval of the preliminary plat shall authorize the owner to
prepare the final plat and complete engineering designs, but such
approval shall not constitute an approval of the plat for purposes
of recording, or for the sale and/or development of any lot, tract
or parcel of land within the area represented by the preliminary plat.
A.
Within six (6) months of the Commission's approval of the preliminary
plat or the sketch plat for a minor subdivision, four (4) copies of
the improvement plans for a subdivision, or any part thereof, shall
be submitted to the Mayor. The owner may request in writing and the
Commission, for good cause shown, may allow a longer period of time.
B.
Improvement plans for phased subdivisions shall be reviewed as though
they were being submitted for the complete subdivision. Improvements
may be required outside of individual phases to insure adequate completion
of necessary facilities.
C.
The plans, which detail the construction and types of materials to
be used in conjunction with the development of a subdivision, shall
be prepared by a registered engineer. Any alterations of common land
or improvements within the common land will require the submission
of detailed improvement plans and will be considered a required improvement.
D.
Improvement plans shall include no exhibit page exceeding twenty-four
(24) inches by thirty-six (36) inches and shall contain the following
information:
1.
Title page, which shall include the name, address, and telephone
number of the developer and engineering firm, as well as a registered
engineer's seal and signature.
2.
A key map showing the relationship of the area to be subdivided
to the land and which shall reflect areas of the land previously subdivided
plus adjacent streets.
3.
North arrow and graphic scale on each plan sheet.
4.
One (1) or more benchmarks, in or near the subdivision, to which
the subdivision is referenced. The identity and elevation shall be
based on United States Geological Survey data. Site benchmark shall
be tied into an approved benchmark.
5.
List of the standards and specifications followed, citing volume,
section, page, or other references.
6.
Street grading and paving details conforming to City standard
specifications and requirements.
7.
Details of streets, including location and width of all proposed
public or private rights-of-way and private roadway easements, existing
and proposed sanitary sewers, drainage channels, swales, storm sewers;
including adequate natural discharge points, detention facilities,
water mains, fire hydrants, utility lines, underground natural gas
utility lines, curb and gutter, and sidewalks.
E.
The developer shall submit an erosion/siltation control plan for
the entire site development and all interim phasing. The plan shall
indicate the location and type of facilities proposed. No grading
operations shall be commenced prior to approval of the plan. The Mayor
may require modification or additions to the plan should proposed
measures not adequately control erosion and siltation. The developer
shall maintain all facilities until improvements are accepted.
F.
Plans and profiles shall be at a scale of not less than one (1) inch
equals fifty (50) feet horizontal and one (1) inch equals ten (10)
feet vertical. If the required scale does not permit the entire development
to be shown on one (1) plan sheet, the plans and profile shall be
shown in sections. The relationship of each section shall then be
shown on the key map or some other map showing the entire development
at the largest scale possible.
A.
The procedure for reviewing and approving improvement plans shall
be as follows:
1.
The Mayor shall review the improvement plans and determine if
they can be given his or her approval. The Mayor shall approve or
disapprove the improvement plans after he or she determines whether
it is necessary for county, State and/or Federal agencies or departments
and utilities to give their approval to the improvement plans. The
Mayor may withhold making a determination of approval or disapproval
until after any county, State or Federal agencies or departments and
utilities have reviewed the improvement plans and approved or disapproved
them under State or Federal law, if the Mayor determines such is necessary.
The Missouri Department of Natural Resources shall be submitted improvement
plans when the land to be developed requires a sanitary sewer treatment
facility or is in a floodplain, and may be submitted improvement plans
in other cases. Other agencies or departments that may be submitted
improvement plans include, but are not limited to the following:
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County Planning Department
Soil Conservation Service
Federal Emergency Management Agency
Missouri Highway and Transportation Commission
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Utilities that may be submitted improvement plans are private
utility companies or public governmental bodies providing utilities
that serve the land to be developed or that have facilities on the
land to be developed. Nothing in this Chapter shall prevent the developer
from submitting improvement plans to any county, State or Federal
agencies or departments or to utilities prior to improvement plans
being submitted to the Mayor. If the improvement plans are not given
approval by the Mayor or the involved departments, agencies or utilities,
the developer shall make such corrections or additions to the improvement
plans so that such approvals will be given.
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Final approval of the improvement plans by the Mayor and all
involved departments, agencies and utilities shall constitute authority
to proceed with construction improvements necessary to serve the subdivision,
subject to all other provisions of this Chapter.
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2.
Approval of improvement plans by the Mayor and the involved
departments, agencies and utilities shall be valid for a period of
two (2) years from the date of approval by the approving person, agency,
department or utility, or a shorter period of time if so specified
by any involved agency or department as required by law. If construction
of improvements has not commenced within said two-year period, or
shorter period if required by law, all previous approvals shall be
null and void. The Mayor may, upon a developer's petition, grant
an extension of time for construction to commence beyond the two-year
period, if permitted by law. If the construction of the improvements
will not be completed within the two-year period or such longer period
as the Mayor may permit, a resubmission of the improvement plans to
the Mayor and the appropriate agencies, departments and utilities
shall be required. Any request for such extension shall be filed with
the Mayor prior to the expiration of approvals.
A.
After the improvement plans have been reviewed and approved, but
before approval of the final plat, the developer shall either:
1.
Complete required improvements in accordance with the approved
plans under the observation and inspection of the City and appropriate
agencies referred to in this Chapter; or
2.
Post a land subdivision bond or enter into an escrow agreement
to guarantee required improvements in accordance with the provisions
hereafter set forth. The land subdivision bond or escrow agreement
shall be prepared and executed on forms furnished by the City and
shall be submitted to the Board for approval. The land subdivision
bond or escrow agreement shall be approved by the Mayor prior to being
submitted to the Board.
B.
A land subdivision bond shall be issued by a surety company or a
title insurance company and shall insure or guarantee, to the extent
of the amount specified by the Mayor in his or her estimate of the
cost thereof, the construction and completion of the required improvements
shown by the approved improvements plan. In the event the developer
transfers title of the subdivision property prior to full release
of the bond or escrow agreement, the City shall accept a replacement
escrow or bond from the successor developer in the form allowed by
this Section and State Statute and in the amount of the bond or escrow
held by the City at the time of the property transfer. Upon receipt
of the replacement bond or escrow, the City shall release the original
bond or escrow in full and release the original/prior developer from
all further obligations with respect to the subdivision improvements
if the successor developer assumes all of the outstanding obligations
of the previous developer.
C.
An escrow agreement signed by the developer and the escrow agent
shall provide that there shall be deposited with the escrow agent,
to be held in an escrow account by the escrow agent, subject to audit
by the City:
1.
A cash amount not less than one hundred ten percent (110%) of
the amount specified by the Mayor as his or her estimate of the cost
of the improvements as reflected by the approved improvement plans;
or
2.
An irrevocable letter of credit or commitment from a lending
institution to the escrow agent guaranteeing the availability of a
sum which shall be not less then one hundred ten percent (110%) of
the amount specified by the Mayor as his or her estimate of the cost
of the improvements as reflected by the approved improvement plans;
or
3.
Certificates of deposit, treasury bills, or other readily negotiable
instruments, the type of which has been approved by the City Attorney,
endorsed to the escrow, agent and the cash value of which shall be
in an amount not less than one hundred ten percent (110%) of the amount
specified by the Mayor as his or her estimate of the cost of the improvements
as reflected by the approved improvement plans.
D.
A land subdivision bond or an escrow agreement shall remain in effect
and the escrowed sum shall be held in the escrow account by the escrow
agent until such time as the Mayor shall, by written authorization
to the surety or escrow agent, release the surety from the obligation
of the bond or the escrow agent from his or her obligation to retain
the escrowed sum in the escrow account, which release may be partial,
as improvements are completed and approved, but said release of the
bond or escrow amount must occur within thirty (30) days of completion
of the improvement and acceptance/certification by the Mayor that
the improvement has been completed to City standards; provided, however:
1.
The Mayor shall authorize the release of the surety or escrow
agent from all or any part of the surety's or agent's obligation
only upon receipt of the requisite written notification of completion
of improvements from the City's inspecting agencies and the Commission;
and
2.
In no case shall the Mayor authorize release of more than ninety-five
percent (95%) of the amount held as the bond or escrow sum until improvements
have been completed in a satisfactory manner, approved by the Mayor
and accepted or approved by resolution of the Board.
3.
If the City has not released the bond or escrow fund amount
within thirty (30) days as provided above, the City shall pay the
developer, in addition to the escrow funds due, interest at the rate
of one and one-half percent (1.5%) per month, calculated from the
expiration of the thirty-day period until the escrow funds or bond
amount have been released. Any developer aggrieved by the City's
failure to observe this requirement may bring a civil action to enforce
the provisions of this Section. The court may award the prevailing
party the amount of all costs attributable to the action, including
reasonable attorneys' fees.
E.
The term of the land subdivision bond or the escrow agreement shall
not exceed two (2) years, subject to the following:
1.
If, at the end of the two-year period, all improvements reflected
by the approved improvement plans have not been completed, the Mayor
may extend the term of the land subdivision bond or escrow agreement
for a period not to exceed one (1) additional year at each extension
if, after review by the Mayor, such longer period is necessary to
facilitate adequate and coordinated provisions for transportation,
water, sewerage, schools, parks, playgrounds, or other public requirements.
If improvements have not been completed at the end of the two-year
period or as extended by the Mayor, the Mayor may:
a.
Require the surety to perform on the bond and pay or remit to
the City such amount as shall be equal to the lesser of the amount
required to complete the improvements or the amount not theretofore
released; or
b.
Require the escrow agent to remit to the City in cash or negotiable
instruments constituting the escrow sum, as the case may be, the balance
in the escrow account required to complete the improvements, and the
balance, if any, in the escrow account which exceeds such amount shall
be returned to the developer; or
c.
Require the developer to submit a new land subdivision bond
or escrow agreement which has been recalculated in order to allow
for any inflation in the case of constructing improvements.
2.
If the surety fails to perform on the bond or the escrow agent
fails to remit the amount required within thirty (30) days after written
request, the Mayor may recommend to the Board that the City Attorney
take immediate action to require performance by the surety under the
bond or to secure the payment by the escrow agents of the amount required.
F.
To be eligible, escrow agents and sureties shall be approved by the
City Attorney. All corporate escrow agents and sureties shall annually
provide the City with a certificate of good standing issued by the
Missouri Secretary of State. All escrow agents and sureties shall
be subject to spot audits by the Mayor. If the escrow agent or surety
fails to comply with any of the provisions of the escrow agreement
or the land subdivision bond, the escrow agent or surety shall not
thereafter be allowed to act as escrow agent or surety for any subdivision
improvement in the City for a period of two (2) years.
After the sanitary sewers, storm sewers, sidewalks, and pavement
have been constructed and installed, but before the Mayor recommends
acceptance of them by the Board, the developer shall submit as-built
drawings of the above improvements on reproducible Mylar stock.
A.
Contents. A final plat of the subdivision, or section or tract thereof,
shall be drawn to a scale of not more than one hundred (100) feet
to the inch and shall contain, or be accompanied by, the following
information:
1.
The title under which the land is to be recorded. If the plat
is of a section or tract of a subdivision, the identification by section
or tract number.
2.
The names of the owners of the land platted and, if the owner
is a corporation, the names of the officers thereof.
3.
Certification by the registered surveyor or registered engineer
who prepared the final plat to the effect that the plat represents
a survey made by him or her, and that the locations of all required
survey monuments, installed or to be installed, are correctly shown
thereon. The month and year during which the plat was made shall also
be shown.
4.
The north point and scale.
5.
The exterior boundaries of the land platted, including bearings
and distances.
6.
The right-of-way widths of all streets and the proposed improved
widths of all roadways.
7.
The location of proposed public sidewalks, if any.
8.
The location of existing buildings on the land platted, and
the location of building lines and setback requirements if more restrictive
than those required by other City zoning codes.
9.
All areas of land to be dedicated for public use, and their
intended use. These areas will be intended for such uses, however,
such public use areas shall be dedicated to the City for public use
in general.
10.
The widths, names and lines of all streets on land adjoining
the land shown on the plat.
11.
The angle of departure from one (1) street or alley to another,
except where the angle of departure is either ninety degrees (90°)
or one hundred eighty degrees (180°).
12.
The dimensions of the lots and the number (letters in resubdivision)
of all the lots.
13.
The location and dimensions of all utility easements on the
plat, and stormwater control easements.
14.
All linear and angular dimensions necessary to locate the boundaries
on the plat in relation to a section or quarter-section corner or
line, or an established lot line of record.
15.
All linear and angular dimensions of all streets, alleys, lots,
utility easements, sanitary sewer and surface water drainage, easements
or other areas on the plat, and such linear dimensions shall be expressed
in feet and decimals of a foot.
16.
All radii, arcs and chords, points and tangency and central
angles for all curves and rounded corners on the plat.
17.
The location and description of all monuments, and all street
corners, alley lots or other area corners, intersections and all perimeter
corners or angle points shall be marked with a suitable, durable "monument,"
as defined in this Chapter.
18.
Accurate elevation, referring to mean United States Geological
Survey data for permanent benchmark.
19.
The form for dedication to public use of areas identified as
rights-of-way for streets, alleys, drives, roadways of any kind, parkways,
parks, sanitary sewer easements, surface water easements and public
utility easements, and all other areas intended for public use, with
appropriate spaces for the signatures of all owners, trustees or mortgagees,
if any, of the land platted.
20.
All common land and any other land designated as a private easement,
said common land and other land being for the use and benefit of all
lot owners in the subdivision.
21.
If the developer desires restrictions or covenants on any land
contained in the subdivision that are greater than those required
by City zoning codes, such restrictions or covenants shall be indicated
on the plat or shall accompany the plat by separate instrument. All
such restrictions or covenants shall be signed and agreed to by all
owners, trustees and mortgagees, if any, of the land to which the
restrictions or covenants apply. Any restrictions or covenants required
by this Chapter also shall be included.
22.
A form for the approval of the Commission and the Mayor and
certification by the City Clerk.
23.
The agreement on the plat of all owners, trustees and mortgagees,
if any, to comply with all provisions of this Chapter.
B.
Submission And Approval Procedure.
1.
Within six (6) months, or within such additional time as the
owner in writing may request and the Commission may allow, from the
date of approval by the Mayor of the improvement plans of the subdivision,
or section or tract thereof, the owner shall cause to be prepared
by a registered surveyor or registered engineer and shall submit to
the Board five (5) prints of the final plat thereof, to be referred
to the Commission for its review and recommendations.
2.
If the owner fails to file with the Commission the final plat within the time mentioned in Subsection (B)(1) of this Section, the Commission shall, by written report, vacate and set aside its previous report approving the preliminary plat, and a copy of such report shall be sent to the owner and the Board. The report shall be final and unappealable.
3.
At its next meeting, the Commission shall review the final plat.
The Mayor shall give the owner at least fifteen (15) days' notice
of the date, time and place of the next meeting of the Commission
wherein the final plat shall be reviewed by the Commission. The owner
or his or her designated representative shall appear and be heard.
4.
Within forty-five (45) days, or such additional time as the
owner consents to in writing, after submission of the final plat by
the owner, the Commission shall act upon the plat and approve, conditionally
approve or disapprove of the same.
5.
The Commission shall submit a written report of its action on
the final plat to the owner and the Board, along with a copy of the
plat, indicating any necessary revisions or modifications. The owner
shall be entitled to appeal the Commission's report to the Board in
the manner prescribed in this Chapter.
6.
The Board shall consider the Commission's report and action
on the final plat. Upon approval, both the Commission and the Board
shall endorse their approval on the five (5) prints thereof. The plat
shall be signed by the Planning and Zoning Commission Chairman and/or
secretary on behalf of the Commission, and the Mayor and City Clerk
shall sign the final plat documents on behalf of the Board. In addition,
the owner shall furnish the City with the original tracing and a reproducible
copy of the final plat as approved.
C.
Approval of the final plat by the Board constitutes acceptance of
the dedications of public easements and street rights-of-way as property
but does not constitute acceptance by the City of streets or other
improvements for maintenance. The City shall have no duty to maintain
the streets or other improvements until all requirements of this Chapter
have been met by the developer.
D.
No final plat of any subdivision shall be approved by the Board unless
the developer has complied with all the provisions of this Chapter.
A.
No lot split or lot combination survey, instrument, deed or other
conveyance shall be recorded in the office of the County Recorder
of Deeds unless and until approved by the Mayor in compliance with
this Section.
B.
Applicability.
1.
The provisions of this Section are intended for and shall apply
to the following general instances, or in situations reasonably similar
thereto, when:
a.
An owner of a lot or tract and/or an owner of one (1) or more
abutting lots or tracts sells or conveys either a part of one (1)
lot or tract or all or any part of such abutting lot(s) or tract(s);
or
b.
Owners of abutting lots or tracts deed to another owner or exchange
deeds to parts of their respective lot(s) or tracts(s) for the purpose
of correcting and/or establishing record title and/or curing title
defects; or
c.
An owner of a lot or tract owns adjacent lot(s) or tract(s)
and wishes to combine the lot(s) or tract(s) to create a larger parcel.
2.
Then such instances or situation shall be exempt from this Chapter's
provisions on major and minor subdivisions and shall be designated
as a "lot split" or "lot combination" if the following criteria are
met:
a.
No additional improvements or streets are required to be constructed
or otherwise dedicated in the lot split or lot combination, provided
that the correction of the legal description of an existing street
or the enlargement of an existing street shall be permitted.
b.
No provisions for common land or recreational facilities are
included in the proposed lot split or lot combination.
c.
The proposed lot split or lot combination is not in conflict
with any City zoning codes, or any special procedure permit, or of
any conditional use permit.
d.
No variances are required from this division.
3.
It is not the intent of this Section to allow multiple lot splits
of one (1) lot or tract or lot combinations where the effect is to
circumvent the subdivision regulations of the City Code.
C.
The procedure for approval of a lot split or lot combination shall
be as follows:
1.
Such owner(s) shall, prior to effecting or recording such conveyance(s)
or survey document, file with the Mayor an application of intent to
convey part of lot/tract for a lot split or application of intent
to combine lots for a lot combination ("application"), which such
application shall be signed by such owners(s) and shall set forth
therein the names and addresses of the owner(s), the legal description
of the land(s) being conveyed or combined, the names(s) of the respective
transferrer(s) and transferee(s), if applicable, and a sketch or drawing
(which need not be to scale) of the property or properties involved
and the dimensions thereof, including the dimensions of buildings/improvements
on the subject land(s) as they relate to lot lines both before and
after the proposed conveyance(s) or combination, such sketch or drawing
to be in sufficient detail to allow the Mayor to verify that the proposed
conveyance(s) or combination of lots will not violate the City's
zoning laws; provided, however, that applications which relate to
any lot(s) or tract(s) which were non-conforming prior to the passage
and adoption of the Sturgeon zoning law, or which have been granted
non-conforming variances thereafter, shall not be rejected on the
sole basis that the proposed conveyance(s) or combination will continue
to render such lot(s) or tract(s) non-conforming under the City's
zoning laws after such conveyance(s) or combination.
2.
Upon verification that the proposed conveyance(s) or combination
otherwise complies with the City's zoning laws, the Mayor shall
thereupon issue a permit authorizing the owner(s) named in said application
to proceed with effecting and recording said conveyance(s) or combination.
A.
The following improvements shall be required to be installed at the
expense of the developer and in conformance with the approved improvement
plans:
1.
All sewers and appurtenances, except that for sewer mains larger
than eight (8) inches in diameter, the City shall pay the difference
in cost between the designed main and the eight-inch main. The amount
of this difference and the method for the City to pay this cost shall
be fixed by the City at the time of approval of the improvement plans.
Regarding sanitary sewer mains outside the subdivision that will serve
improvements in the subdivision, all such sanitary sewer mains shall
be installed at the expense of the developer.
2.
Fire Hydrants. In every subdivision, fire hydrants shall be
located in accordance with the current specifications of the City
and approval from the Boone County Fire Protection District. In no
case shall any platted lot be located further than three hundred (300)
feet from a fire hydrant.
3.
Monuments. Monuments shall be installed and adequately referenced
to facilitate future replacement. Control point monument locations
shall be verified and/or reestablished after street paving has been
completed and prior to acceptance of the street for maintenance by
the City.
4.
Storm sewer, inlets, drainage channels, and stormwater retention
areas as shown on the improvement plans.
5.
Paved streets, curb and gutter, and sidewalks as shown in the
improvement plans and according to the design requirements of this
Chapter.
A.
Upon the completion of street paving, the developer shall require
in writing acceptance of the street by the City for maintenance. The
City shall not accept streets for maintenance until the pavement has
been inspected and until all the provisions of this Chapter have been
met.
B.
Upon completion of sanitary sewers, the developer shall prepare a
conveyance to the City for said sanitary sewers. Following inspection
by the City, the Board shall accept such conveyance by code.
C.
Before the developer's obligation to the City is terminated,
all required improvements shall be constructed under the observation
and inspection of the City and accepted for maintenance or given final
approval by the City.
D.
If, within two (2) years from the date the City accepts an improvement
for maintenance, the improvement becomes in need of repair, correction
or replacement because of a defect in workmanship in making, constructing
or installing the improvement, the developer shall, at the developer's
cost and expense, promptly correct and repair or replace the improvement
upon being notified of said defect by the City.
A.
All subdivision streets shall be arranged for the continuation of
existing streets in adjoining subdivisions and, to the extent possible,
the anticipated projections of streets through adjoining unsubdivided
or undeveloped property, to allow for convenient movement of vehicular
traffic and the orderly development of adjoining property, and shall
adhere to the major street plan where applicable.
B.
When a new subdivision adjoins undivided lands, susceptible to being
subdivided, the new streets shall be carried to the boundaries of
the land susceptible to being subdivided at a later date, and a temporary
paved turnaround shall be installed at this point.
C.
Permanently designed dead-end or cul-de-sac streets shall not be
longer than eight hundred (800) feet and shall be provided with a
paved turnaround at the closed end.
D.
The minimum length of a block shall be three hundred (300) feet;
the maximum length of a block shall be one thousand (1,000) feet.
Blocks shall be wide enough to allow two (2) tiers of lots, except
where prevented by topographical conditions, in which case the Commission
may alter the size.
E.
Streets shall intersect one (1) another at as near a right angle
as possible, and no intersection angle shall depart from a right angle
more than twenty degrees (20°). Street jogs with center lines
offsets of less than one hundred (100) feet shall be avoided.
F.
All streets in exact or approximate alignment with existing named
streets shall bear the names of such existing named streets. All other
streets shall be assigned names which do not conflict with names of
existing streets.
G.
Whenever there exists a platted half street or half alley adjacent
to land platted for a subdivision, the remaining half of the street
or alley shall be provided for on the plat of the subdivision. No
new half streets or half alleys shall be accepted.
H.
The width of utility easements shall be determined by the Commission,
but shall not be less than ten (10) feet when adjoining a street right-of-way
or a total of twenty (20) feet when not adjoining a street right-of-way.
No trees, shrubs, or structures, including fences, shall be permitted
within the utility right-of-way. These provisions shall be stated
in all utility dedications on the plat.
I.
If any utility services are to be installed under the proposed streets,
they shall be installed prior to paving, where subsurface conditions
prevent pushing of the service under the completed pavement. Sewer
laterals and water mains shall be installed and stubbed in prior to
street paving, if the sewer main or water main is located in the street
right-of-way. All such service connections shall be referenced and
marked for future use. Electric, telephone, and cable television utilities
shall be located in a rear yard easement unless otherwise approved
by the Commission.
J.
Where a land is subdivided into larger lots than ordinary building
lots, such lots shall be arranged so as to allow the opening of future
streets and/or street extensions, and logical further resubdivision.
K.
Reserve strips controlling access to streets shall be prohibited
except under conditions approved by the Commission.
L.
Alleys shall meet the following standards:
1.
Residential Areas. Public alleys shall not be permitted in residential
areas. Private alleys may be established and permitted along the rear
of adjoining lots for common use by adjoining landowners for access
in multifamily-zoned areas, but the private alley shall be paved to
specifications designated by the Mayor, and the instrument creating
the private alley shall specifically require that the repair and maintenance
of the private alley shall be provided by subdivision property owners
adjoining the alley. That instrument shall be recorded in the office
of the County Recorder of Deeds and may be in the plat or subdivision
covenants or restrictions.
2.
Non-Residential Areas. Public alleys shall be provided in non-residential
areas except that the Commission may waive this requirement where
other definite and assured provision is made for service access, such
as off-street loading, unloading and parking consistent with and adequate
for the use proposed.
3.
Dead-End. Dead-end alleys shall not be permitted; provided,
however, that the Commission may waive this requirement where such
dead-end alley is unavoidable and where adequate turnaround facilities
have been provided.
A.
The widths of the rights-of-way for streets and alleys and the widths
of improved roadway within such rights-of-way, unless modified by
the Commission because of unusual conditions or circumstances, are
established as follows:
1.
Arterial Streets. The right-of-way and width of improved roadway
for arterial streets shall be to the standards of the Missouri Highway
and Transportation Commission.
2.
Subarterial Streets. The right-of-way shall be eighty (80) feet
wide, and the improved roadway shall be at least thirty-six (36) feet
wide (face to face of curb or, if no curb, then to edge of pavement).
3.
Collector Streets. The right-of-way shall be at least sixty
(60) feet wide, and the improved roadway shall be at least thirty-six
(36) feet wide (face to face of curb or, if no curb, then to edge
of pavement).
4.
Residential Streets. The right-of-way shall be at least fifty
(50) feet wide, and the improved roadway shall be at least thirty-six
(36) feet wide (face to face of curb or, if no curb, then to edge
of pavement). A cul-de-sac shall have a minimum right-of-way radius
of fifty (50) feet and a minimum paved area radius of forty (40) feet.
5.
Alleys. The right-of-way for an alley shall be at least twenty-four
(24) feet wide, and the improved roadway shall be at least twenty
(20) feet wide (face to face of curb or, if no curb, then to edge
of pavement).
B.
At the intersection of an arterial or subarterial street with another
arterial or subarterial street or a collector street, additional right-of-way
and improved roadway shall be provided so as to allow for the designation
of separate left-turn lanes.
C.
Slab Thickness.
[Ord. No. 926, 6-22-2020]
1.
The minimum slab thickness for residential streets and for alleys
in non-residential areas shall be six (6) inches of Portland cement
concrete or five (5) inches of black base with two (2) inches type
"C" asphaltic concrete. The slab shall be placed on a rolled-stone
base of at least four (4) inches thickness.
2.
The minimum slab thickness for non-residential streets shall be at
least seven (7) inches of Portland cement concrete or seven (7) inches
of black base with two (2) inches of type "C" asphaltic concrete.
The slab shall be placed on a rolled-stone base of at least four (4)
inches thickness.
3.
All concrete work shall have the same specifications as apply to
sidewalks under this Chapter. Residential street intersections shall
be rounded with a radius of fifteen (15) feet for right-angle intersections.
All other intersection radii shall be as approved by the Commission.
All developers shall be required to meet this minimum requirement
regardless of the street classification. Additional design requirements
above the minimum specified herein shall be at the expense of the
City.
D.
Curbs and gutters shall be required on both sides of all streets within a subdivision and on the subdivision side of streets abutting a subdivision in accordance with the construction standards for curbs and gutters, in Subsection (C). The material shall be Portland cement concrete in accordance with Subsection (C).
Curbs may be of the vertical or the drive-over type. Where vertical
curbs are installed, wheelchair ramps shall be located as necessary
to provide continuous access to all sidewalks and elsewhere as required
by the Commission.
A developer may apply in writing to the Commission for deletion
or postponement to a specified date or until a condition is satisfied
of the requirement for curbs and gutters, provided that extenuating
factors other than mere cost are applicable to the situation. In such
instances, the Mayor shall provide the Commission with recommendations
concerning conditions within a street right-of-way applicable to the
request for exception. The Commission may, upon a favorable vote of
a majority of those Commission members present at the meeting who
have not abstained from voting, grant an application to eliminate
or postpone to a specified date or until a condition is satisfied,
construction of curbs and gutters, specifying under what terms such
deletion or postponement to a specified date or until a condition
is satisfied is granted. If circumstances justify, the Commission
may instead submit to the Board for proposed expedited approval by
the Board a recommendation for relief.
In considering an application from a developer, the Commission
shall consider, in making a decision whether to grant an application,
among other things, the following conditions or circumstances:
1.
When the subdivision is commercial or industrial rather than
residential in nature and the properties within the subdivision have
unusual requirements for vehicular access; or
2.
Whether there is a need to clearly delineate driveways, entrances,
or intersecting streets; or
3.
Whether there will be on-street parking and curbing will clearly
delineate the edge of such parking and protect drainageways and structures
from vehicular damage; or
4.
When there are special drainage conditions which would be better
addressed by alternative structures; or
5.
When curbing can be a barrier between vehicular traffic and
sidewalks used by pedestrians, particularly children; or
6.
Whether the subdivision will create lots having at least three
hundred (300) feet of frontage each, which could be resubdivided into
smaller lots at a future time; or
7.
When the frontage of lots of the subdivision along a previously
dedicated street constitute only a small portion of a block or similar
street segment and there also is no curb and gutter present at either
adjoining property or on the opposite side of the adjoining street;
or
8.
The recommendations of the Missouri Highway and Transportation
Commission, when the property abuts a roadway under the jurisdiction
of said Commission; or
9.
When there are lots of the subdivision which are through lots,
or where the rear lot lines of such lots abut along a previously dedicated
street or highway right-of-way, and the developer otherwise provides
for drainage, pedestrian traffic, paved roadway and other required
improvements in a manner acceptable to the Commission; or
10.
When other justifiable conditions can be shown that strict application
of the requirements for curbs and gutters would not be in the public
interest.
E.
The design of curbs and gutters shall be as shown on the drawings
on file in the City offices. Unless otherwise decided by the Commission,
the choice of vertical or drive-over design may be made by the developer
except that reasonable compatibility with nearby curb and gutter construction
should be achieved.
A.
Sidewalk Requirements.
1.
Sidewalks shall be required on both sides of all streets in
a subdivision and on the subdivision side of streets abutting a subdivision.
2.
Sidewalks shall be constructed to City specifications. The minimum
requirements for sidewalks shall be as set forth elsewhere in this
Chapter.
3.
Where sidewalks are to be located adjacent to a roadway under
the jurisdiction of the Missouri Highway and Transportation Commission,
said sidewalks may be required to be placed in a public easement outside
the State road right-of-way. Maintenance of sidewalks along a State
road right-of-way shall be the responsibility of the adjoining property
owners of the subdivision.
4.
On residential streets, when approved by the Commission, sidewalks
may be constructed adjacent to or as a part of the required curb.
B.
Sidewalk Exception Procedure. A developer may apply to the Commission
for deletion of sidewalks or approval of an alternate sidewalk plan.
The Mayor shall be requested to provide the Commission with recommendations
concerning conditions within a street right-of-way involved with a
request for exception or alternate sidewalk plan. The Commission may
grant an application to delete sidewalks or approve an alternate sidewalk
plan in any of the following cases:
1.
Where sidewalks are not deemed necessary for the public safety
or where topographical or other conditions make their installation
and use impractical; or
2.
Where lots are created having at least three hundred (300) feet
of frontage which could be resubdivided into smaller lots at a future
time; or
3.
Where the subdivision designer has submitted for review a proposed
sidewalk plan that provides for more direct and safer movement of
pedestrian traffic; or
4.
Where justifiable conditions can be shown that strict application
of the requirements contained in this Section would:
A.
All sidewalks hereafter constructed or reconstructed on public property
within the City shall meet the following requirements:
1.
Except as provided below, the sidewalks shall be at least forty-eight
(48) inches in width. An existing sidewalk of thirty-six (36) inches
in width or less may be replaced by one (1) that is thirty-six (36)
inches in width. A new sidewalk which would be a continuation of an
existing sidewalk may be of the same width as the existing sidewalk,
provided it shall not be less than thirty-six (36) inches in width.
No sidewalk shall be reconstructed at a lesser width than originally
constructed except when necessary because of street widening.
2.
In order to enable persons using wheelchairs to travel freely
and without assistance, all curbs hereafter constructed or reconstructed
where the sidewalk meets the street or alley or driveway shall have
a ramp built into it so that the sidewalk and street or alley or driveway
blend to a common level. Such ramp shall be not less than thirty-six
(36) inches wide and shall not have a slope greater than one-inch
rise per twelve (12) inches length [eight and three-tenths percent
(8.3%)]. Where, because of surrounding buildings or other restriction,
it is impossible to conform the slope with this requirement, the ramp
shall contain a slope with as shallow a rise as possible under the
circumstances, not to exceed ten percent (10%). There shall be a gradual
rounding at the bottom of the slope in all ramps; provided, however,
the Board of Aldermen shall have the authority to permit deviations
from the above specifications in this Subsection where conformance
to such specifications is impractical or physically impossible and
where the method, material and dimension used in lieu thereof does
not create a hazard.
3.
Concrete sidewalks shall be constructed according to plans presented
to the Maintenance Superintendent or provided directly by the City.
The plans will show line, grade and dimensions in sufficient detail
as to be verifiable by the Maintenance Superintendent or his or her
designated representative. Plans shall not be required for minor repairs
or replacement of small sections of existing sidewalk. Unless otherwise
specifically designated, the sidewalks shall have a depth of four
(4) inches except at driveways, where the depth shall be increased
to six (6) inches.
4.
Regarding concrete for sidewalks being built or replaced adjacent to property where the owner of the property resides, the specifications, the composition and the installation of the concrete shall be as directed by the property owner, provided the owner has earlier received approval of the sidewalk plans as specified in Subsection (A)(3) above and he or she complies with depth and width requirements as specified in Subsection (A)(3) above. The concrete in such cases shall be mixed on the site by the property owner or by someone under the property owner's personal supervision. Concrete used in the construction of sidewalks in all other instances shall meet all the following specifications for composition and installation:
a.
Sidewalks shall be constructed on a prepared smooth subgrade
of at least six (6) inches' thickness and of uniform density, thoroughly
compacted by rolling or tamping.
b.
Forms shall be straight, free of warp, of sufficient strength
to resist springing during construction, and of a height equal to
the full depth of the sidewalk. The forms shall be thoroughly cleaned,
well oiled, securely staked, braced, and held to the required line
and grade before any concrete is deposited.
c.
The concrete shall be deposited between the forms on moistened
subgrade and shall be struck off and compacted to the required thickness.
Concrete may be compacted by internal vibrating equipment, spading,
rodding, or tamping, or as directed by the Maintenance Superintendent
or his or her designated representative.
d.
Dummy joints, spaced approximately at five-foot intervals, shall
be provided the full width (and length for wider sidewalks). The joints
may be made by a suitable tooling device, removable strips, or sawing
after the initial set and before shrink cracks appear.
e.
Premolded expansion joint material, one-half (1/2) inch thick,
shall be installed in the sidewalk for its full depth wherever it
meets another sidewalk, driveway, building, curb, lighting standard,
fireplug, or other rigid object, and transversally at a maximum of
sixty (60) feet apart. When the sidewalk fills the space between the
curb and a building or wall, an expansion joint shall be placed between
the sidewalk and the curb and between the sidewalk and the building
or wall.
f.
After the concrete has been brought true to line and grade it
shall be finished to a medium rough finish by use of a stiff broom
or other approved method to produce an even, gritty texture. All edges
shall be rounded with an edging tool.
g.
After the concrete has been finally finished and the free water
has left the surface, the exposed surface shall be sprayed with a
transparent membrane solution (Hunts Process Curing Compound, Cure
Crete, or approved equal). The curing material shall be applied in
strict accordance with the manufacturer's recommendations and
as directed by the Maintenance Superintendent. If rain falls on the
newly coated pavement before the film has dried sufficiently to resist
damage, or if the film is damaged in any other way, additional curing
materials shall be required to be applied to the affected portions.
If hair checking develops before the membrane can be applied, the
concrete shall be initially cured with wet burlap before the membrane
is applied. After the side forms are removed, the sides shall be sprayed
with the curing compound.
h.
The temperature of the concrete shall be between sixty degrees
Fahrenheit (60° F.) and ninety degrees Fahrenheit (90° F.)
when placed in the forms. Concrete construction shall be discontinued
when the temperature falls below forty degrees Fahrenheit (40°
F.) unless the aggregates or the water are heated to produce this
required temperature. However, the Maintenance Superintendent may
require that no concrete be poured when, in his or her opinion, the
concrete might become damaged from freezing due to subsequent falling
of the temperature. The use of an accelerator such as calcium chloride
shall be permitted only with the consent of the Maintenance Superintendent.
When the concrete is placed during cold weather, there must be means
to protect the concrete. This will be done by applying straw in sufficient
depth to protect the concrete from freezing, or other approved methods.
Such protection shall be continued for at least seven (7) days unless
directed otherwise by the Maintenance Superintendent. In no case may
the concrete be placed on a frozen subgrade. Concrete injured by frost
action shall be removed and replaced at the installer's expense.
i.
After the concrete has sufficiently set, the forms shall be
removed, and the space on each side of the walk shall be backfilled.
The earth shall be compacted and graded in a manner satisfactory to
the Maintenance Superintendent.
j.
All sidewalks shall be constructed of Portland cement concrete,
which shall consist of a mixture of Portland cement, fine aggregate,
coarse aggregate, and water combined in the proportion specified below.
Admixtures for the purpose of entraining air, retarding or accelerating
the set, tinting and other purposes may be added as specifically required
or permitted by the Maintenance Superintendent. Concrete prepared
off site shall be handled and preserved in its batched proportion
during transportation. Mixing time shall not exceed forty-five (45)
minutes, and excess water shall not be added.
k.
All cement shall be Type I or Type I-A Portland cement conforming
to ASTM specifications C-150 and C-175. No fly ash is allowed.
l.
Fine aggregate shall consist of clean, natural sand of hard,
sharp, durable and uncoated grains. Sand shall be well graded and
washed sand. All fine aggregate shall be free from injurious amounts
of organic impurities.
m.
Coarse aggregate shall consist of either gravel or crushed stone
of sound, durable, and uncoated particles. Gravel shall be washed
clean. If stone is used, the coarse aggregate shall be crushed limestone.
Coarse aggregate must pass soundness test ASTM C88, five (5) cycles
using magnesium sulfate without splitting or losing more than fifteen
(15%) weight. The installer shall arrange and pay for testing if requested
by the Maintenance Superintendent.
o.
The water used for mixing and curing concrete shall be clean
and free from acid, salt, oil, and other organic matter harmful to
the concrete.
p.
Calcium chloride shall conform to AASHO specification M114-57.
Calcium chloride shall be sampled and tested in accordance with ASTM
specification D345-48, when so required by the Maintenance Superintendent.
q.
The proportions of the various ingredients for Portland cement
concrete shall be: six (6) sacks of cement to the cubic yard [one
(1) sack of cement equals ninety four (94) pounds]. The water content
shall not exceed six (6) United States gallons per sack of cement,
including the surface moisture in the aggregate.
r.
The City will be notified in advance, so that the Maintenance
Superintendent may be on site before and during the time of a pour.
Samples shall be furnished for testing at the owner's expense.
Concrete for concrete sidewalks shall have a slump of two (2) inches
to four (4) inches.
s.
The concrete shall be agitated and mixed until there is a uniform
distribution of the materials and shall be discharged completely before
the mixer is recharged.
t.
In the case of ready-mix concrete, the concrete shall be discharged
within ninety (90) minutes, and the time required between start and
completion of discharge shall not exceed one (1) hour. If the length
of time is greater than ninety (90) minutes, the load of concrete
may be rejected by the City. The ready-mix concrete shall be mixed
and delivered in accordance with the requirements set forth in standard
specification for ready-mix concrete ASTM C-94. Ready-mix concrete
shall be produced by a plant which has been approved by the Missouri
State Highway Department and the Maintenance Superintendent.
u.
All materials shall be subject to inspection by the Maintenance
Superintendent or his or her designated representative at all times.
A.
The purpose of this Section is to provide standards and regulations
governing land development in order to reduce or prevent flooding
and at the same time minimize damage to real property.
1.
The controlled release and storage of excess stormwater runoff
may be required for all land projects, and for subdivisions as determined
by the Mayor.
2.
Detention of differential runoff, as approved by the Mayor,
may be required by providing permanent detention facilities such as
dry reservoirs, ponds and other acceptable alternatives.
3.
Detention reservoirs or dry-bottom stormwater storage areas
may be designed to serve secondary purposes such as recreation, open
space, or other types of uses that will not be adversely affected
by occasional flooding as approved by the Mayor.
4.
Drainage detention areas that are not maintained by a public
authority shall be conveyed as an undivided interest in common to
each lot owner in the subdivision for maintenance purposes.
5.
During the construction phase of development, facilities shall
be provided and maintained to prevent erosion and siltation.
6.
Storm drainage improvements consisting of storm sewer systems
or open channels shall adequately drain the areas being developed.
No significant changes in watersheds shall be permitted. All stormwater
shall be discharged at an adequate natural discharge point.
7.
The design of drainage improvements shall be coordinated to
the extent possible with present and probable future improvements
so as to form part of an integrated system.
8.
Storm drainage facilities located within subdivided lots and
common land areas shall be the maintenance responsibility of the persons
as specified elsewhere in this Chapter, unless said facility has been
accepted for maintenance by the City. Maintenance shall include, but
not be limited to, the cutting of grass and weeds and erosion control.
This requirement, if applicable, shall be included on the final plat
or in the subdivision restrictions and covenants.
A.
All proposed subdivisions shall have easements as determined by the
Commission to be adequate for the installation and maintenance of
utility facilities, including cable television distribution systems.
No trees, shrubs or structures, including fences, shall be permitted
within the utility right-of-way. These provisions shall be stated
in all utility dedications on the plat.
B.
Where cut or fill for a street extends beyond the limits of the right-of-way,
the developer shall provide a slope easement of sufficient area and
limits to permit the construction and maintenance of the slope.
C.
Stormwater and stormwater control easements:
1.
Whenever a stream or surface drainage course is located in an
area proposed for a subdivision, the developer shall provide an easement
determined by the Commission to be adequate in area to contain facilities
to take care of flooding or erosion along the stream or surface drainage
course.
2.
Stormwater easements and drainage rights-of-way may be required
if necessary for proper drainage within and through a subdivision.
3.
Stormwater control easements are required along all major creeks
and significant tributaries; around and including all new wet lakes
functioning as part of a stormwater control system; and for all detention
areas, basins, and related structures.
4.
Stormwater control easements shall include a minimum dimension
of twenty (20) feet back from the bank of improved creek channels
as approved on improvement plans or of such width back from unimproved
channels as required by the Commission. Easements shall include a
distance of not less than ten (10) feet back from the estimated high-water
line of lakes, dry detention areas, and basins.
5.
Final location of stormwater control easements shall be approved
by the Mayor as part of the improvements plan approval. Such easements
shall be shown on the final plat.
6.
Access easements shall be required as necessary to provide for
upkeep of the area within designated stormwater control easements.
Separately designated access easements shall not be less than twenty
(20) feet wide.
7.
The final plat or the subdivision restrictions and covenants
shall include provisions specifying which lot owners in the subdivision
or other private persons shall be responsible for and shall pay for
the maintenance of the subdivision land through which stormwater control
easements and access easements run. Maintenance shall include, but
not be limited to, the cutting of grass and weeds and erosion control.
The Mayor may require evidence as to the subsurface soil, rock,
and water conditions of the land to be developed.
In residential subdivisions all electric and telephone distribution
lines and cable television lines shall be installed underground, except
those overhead distribution feeder lines necessary to serve that subdivision
and in locations as approved by the Mayor. Cable switching enclosures,
pad-mounted transformers and service pedestals may also be installed
above ground and may be installed as a part of the street lighting
standards where approved by the Mayor. Utilities for non-residential
subdivisions may be installed either above ground or below ground
or both, subject to design approval by the Commission. Aboveground
utilities shall comply with the provisions of all City codes. Electric
utilities in non-residential subdivisions shall be installed in the
street or alley right-of-way unless the Mayor allows otherwise.
A.
All lots in original subdivisions shall be numbered consecutively
from one (1) through the total number of lots, even though the subdivision
may be recorded in sections. In resubdivisions, all lots shall be
lettered alphabetically from the letter "a" through the total number
of lots.
B.
The size of lots shall meet the minimum zoning requirements of City
codes for the area being subdivided, and the lots shall be arranged
at right angles to street lines or radial to curved street lines and
shall front on a public street. Areas used for open stormwater drainage
easements shall not be included in the calculations of running lot
dimensions.
C.
All lots shall abut on a publicly dedicated street. Each lot shall
meet the minimum frontage requirements of any applicable City zoning
codes, consistent with the zone district where the platted land is
located.
The size, shape, and orientation of lots and the orientation
of structures shall be designed to provide desirable building sites
logically related to topography, natural features, streets, parking
areas, common land, if any, other structures, and adjacent land uses.
Due regard shall be given to natural features such as large trees,
unusual rock formations, watercourses, and sites which have historical
significance, scenic views, and similar assets, the preservation of
which would add attractiveness and value to the subdivision.
It is the intent of this Chapter that subdivisions be designed
and developed in conformance with any City general comprehensive plan
adopted by the Board. In the review of sketch plats and preliminary
plats, the Commission may direct changes in the size and location
of proposed streets and in the proposed land use of subdivisions.
Such changes shall be made whenever the Commission finds that a proposed
subdivision does not follow the intent of the general comprehensive
plan and creates impediments to its implementation.
When the Board of Adjustment, as provided for in Section 89.480,
RSMo., determines that in a particular instance an owner cannot possibly
or practically observe the requirements of any provision of this Chapter
because of the presence of unusual circumstances or conditions, and
that the strict application of the requirements of such provisions
would either prevent or present a serious obstacle to the formulation
of a plat for the reasonable use and development of land in subdivision
form, the Board of Adjustment may permit a variance from the requirements
of such provisions.
A.
Except for lot splits, a plat of land within the City shall not be
filed and recorded until such plat has been accepted and approved
by code.
B.
When the approval of the City has been endorsed upon the plat as
outlined herein, the owner, or the agent thereof, shall have the plat
recorded in the office of the County Recorder of Deeds within thirty
(30) days thereof, or the Board may enact an ordinance withdrawing
its approval and acceptance of such plat.
A.
Identification signs for subdivisions must be situated on private
property adjacent to the entrance, or such signs may be located on
median strips which divide public streets leading into the named subdivision
area. The design and location of any identification sign shall be
approved by the Planning and Zoning Commission, and the following
criteria shall be used as guidelines for the placement of signs:
1.
Minimum setback from any roadway shall be twenty-five (25) feet.
2.
Minimum width of an island or median on which a sign is to be
located shall be eight (8) feet.
3.
Location on the island or median strip shall be along the center
line of the median parallel to the entrance street.
4.
Signs shall be designed and located so as not to interfere with
the visibility of traffic at any location.
5.
The sign shall have a maximum height of six (6) feet.
6.
The sign shall have a maximum sign area (not including framework)
of thirty-two (32) square feet.
7.
The sign may be lighted as long as it will not interfere with
or annoy traffic or neighbors.
8.
Any signage must be included in the sketch plat, preliminary
plat, and final plat of any new subdivision.
When reference is made in this Chapter to any other code of
the City, or any Section thereof, or to any State law, the reference
shall apply to all amendments and additions to such codes, Sections
or State law.
Any person who violates any of the provisions of this Chapter shall be guilty of an ordinance violation and, upon conviction thereof, shall be fined (For current rates see Chapter 100, General Provisions, Section 100.220, General Penalty Provisions). Each day that a violation exists shall constitute a separate and distinct offense.
