[Ord. No. 99-09(1), 8-27-1999]
It is the purpose and intent of this Chapter to provide a just, equitable and systematic set of guidelines governing all future subdivision development within the City of Bismarck, Missouri.
[Ord. No. 99-09(1), 8-27-1999]
A.
B.
Concrete pavement shall be a minimum of six (6) inches thick. Concrete mix shall be six (6) sack air entrained concrete with water reducer.
1.
The subgrade and the crushed stone base shall be compacted to a minimum of ninety-five percent (95%) of standard proctor, ASTM D698.
2.
Streets shall have a minimum grade of seventy-five percent (75%).
3.
All storm drainage pipe, water main, sewer, and any other utilities shall be backfilled full depth with one (1) inch minus crushed stone anywhere it is located underneath the roadway.
4.
Streets shall have a minimum of forty (40) feet right-of-way.
[Ord. No. 99-09(1), 8-27-1999]
A.
All water mains shall be a minimum of six (6) inches in diameter.
B.
Fire hydrants shall be located at intersections and spaced at a maximum of five hundred (500) feet thereafter.
C.
Gate valves shall be placed at intersections and have a maximum spacing of eight hundred (800) feet.
D.
Preliminary utility plans shall be submitted to the City before final plans are started and the City shall have the right to request changes that allow for future growth.
E.
All water mains shall be Class 200 PVC.
F.
All water mains shall be pressure-tested and disinfected per City requirements before they are placed in service.
G.
All final water main plans shall be submitted to the City for review and approval before submittal to the Department of Natural Resources.
[Ord. No. 99-09(1), 8-27-1999]
A.
All sewers shall be a minimum of eight-inch SDR35 PVC.
B.
All sewers shall be placed on a minimum grade of four (4) foot per hundred foot.
C.
Manholes shall be placed at a maximum spacing of four hundred (400) feet.
D.
A preliminary sewer plan shall be submitted to the City for review before final plans are started to give the City an opportunity to plan for future growth.
E.
If a lift station would be required, detail plans and specifications will be required by the City. The City will reserve the right to make changes that improve maintenance or the life of the lift station.
F.
All sewers shall lamp full circle, pass a Mandrel test and be pressure-tested before they will be accepted by the City.
G.
All final plans shall be submitted to the City for review and approval before sending to the Department of Natural Resources.
[Ord. No. 99-09(1), 8-27-1999]
A.
The developer shall be required to submit a preliminary plat. The preliminary plat shall meet the following requirements:
1.
Preliminary Considerations.
a.
In order to make the most of opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider shall consult with the City Engineer and other public officials prior to the preparation of the preliminary plat for the subdivision. The comprehensive plan of the City shall be reviewed to determine how the preliminary plat will fit into the comprehensive plan. Requirements for streets, school and recreation sites, community facilities, shopping centers, sanitation, water supply and drainage and the relationship to other developments, existing and proposed, in the vicinity shall be determined in advance of the preparation of the preliminary plat.
b.
In planning and developing a subdivision, the developer shall comply with the minimum design and development standards for the layout of subdivisions set forth in the rules and regulations by the City.
2.
Filing Preliminary Plats: Filing Fee.
a.
A subdivider desiring approval of a plat of a subdivision shall submit a written application to the Board of Aldermen. The application shall be accompanied by the information, requirements and plans in accordance with these regulations.
b.
Three (3) copies of the completed application for subdivision approval form, furnished by the City, together with a minimum of six (6) prints of each drawing submitted as a part of the preliminary plat shall be submitted to the City Clerk. No later than two (2) weeks prior to the time of filing, a fee of twenty-five dollars ($25.00) shall be paid to the City Clerk to cover the costs of publishing notices and of notifying the persons concerned with the pending hearing on the subdivision.
c.
If the preliminary plat is approved by the Board of Aldermen, the applicant shall be authorized to proceed with the preparation of the final plat. The City Clerk shall attach to a copy of the preliminary plat a certified copy of the resolution approving or disapproving the preliminary plat; in case of disapproval, stating the reason and specific aspect of non-conformance with this Chapter. A copy of the resolution shall be filed in the City Clerk's office and shall be signed by the Mayor.
d.
Preliminary approval shall confer upon the applicant approval by the Board of Aldermen.
(1)
The general terms and conditions under which the approval was granted shall not be changed; and
(2)
The applicant shall submit on or before the expiration date the whole or part or parts of the plat for final approval. In the case of a subdivision being developed in stages, the applicant may elect to have final approval delayed for a period not to exceed three (3) years from the date of preliminary approval for the remaining portions of the plat, after submission of the original part within the above specified period.
3.
Preliminary Plat Requirements. A preliminary plat shall be provided by the subdivider and consist of the following:
a.
The location map, which shall be prepared by indicating the date, showing:
(1)
Boundary line of the proposed subdivision, indicated by a solid heavy line and the total approximate acreage involved;
(2)
Subdivision name and location, specifying U.S. Survey and township lines, county and State;
(3)
Any and all thoroughfares related to the subdivision;
(4)
Existing elementary and secondary schools, parks and playgrounds available for serving the area proposed to be subdivided, and other community features; and
(5)
Title, scale, North arrow and date.
b.
The preliminary plat itself, showing part or all of the following items, is deemed necessary and with a waiver on all omitted items approved by the Board of Aldermen and a list of said items signed by the Mayor and attached to the preliminary plat:
(1)
Proposed name of the subdivision and location;
(2)
Names and addresses of the owner, subdivider, City planner, land planning consultant, engineer, and the registered land surveyor who prepared the plat;
(3)
Streets and rights-of-way on and adjoining the site of the proposed subdivision, and showing the names and including rights-of-way widths, approximate gradients; types and width of pavement, curbs, sidewalks, planting strips, and other pertinent data;
(4)
All lot lines adjacent to and abutting the subdivision;
(5)
Layout of lots, showing approximate dimensions and numbers;
(6)
Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes;
(7)
Easements, existing and proposed, showing locations, widths and purposes;
(8)
Building setback or front yard lines and dimensions;
(9)
Location and size of nearest water main, sewer outlet and other pertinent utilities;
(10)
Location, type and approximate size of utilities to be installed;
(11)
Tract boundary lines showing dimensions, bearings, angles and references to known land lines;
(12)
Contours at vertical intervals of two (2) feet, if the general slope of the site is less than sixteen percent (16%) and at vertical intervals of five (5) feet if the general slope is sixteen percent (16%) or greater;
(13)
Tree masses and all individual trees having a caliper of twelve (12) inches or greater;
(14)
Key plan, legend and notes;
(15)
Location of existing structures;
(16)
A preliminary outline of the deed restrictions and covenants that would be placed upon the subdivision;
(17)
Landscaping plans and proposed limits on the location and intensity of signs, advertising and off-street parking shall be included in the case of a proposed subdivision for industrial or commercial use; and
(18)
Scale, North arrow and date.
c.
The preliminary plat of the subdivision shall be drawn to a scale of fifty (50) feet to one (1) inch, or one hundred (100) feet to one (1) inch; provided, however, that if the resulting drawing would be over thirty-six (36) inches in the shortest dimension, a scale as recommended by the City Engineer may be used.
[Ord. No. 99-09(1), 8-27-1999]
A.
A final plat shall be submitted to the City for approval. The final plat shall be prepared as follows:
1.
Filing and approval of final plats.
a.
The application for approval of final plats shall be accompanied by the information, requirements and plans in accordance with the provisions set forth in these requirements.
b.
The final plat shall be submitted to the City Clerk for transmittal to the Board of Aldermen for final approval. The submission shall include the plans and specifications for minimum design and development standards set forth in these requirements. All documents shall bear the approving signature of the City Engineer and the transmittal to the Board of Aldermen shall include a letter from the City Engineer describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
c.
Upon review by the City Engineer, the final plat shall be returned to the City Clerk for submission to the Board of Aldermen with all recommendations from the City Engineer attached. If the final plat is approved by the Board of Aldermen, the original Mylar print shall bear the signature of the Mayor.
d.
The City Clerk shall attach to a copy of the final plat a certified copy of the Board of Aldermen's ordinance approving or disapproving the final plat; in the case of disapproval giving reasons and specifying aspects of non-conformance with existing Code sections or other ordinances. The approved copy of the final plat shall be filed in the office of the City Clerk.
e.
The approval of the final plat by the Board of Aldermen shall be indicated on the document to be filed for record by affixing of the signatures of the Mayor and the City Clerk. The approved final plat shall be returned to the City Clerk to be held until such time as the subdivider has posted the performance guarantee as set forth in performance and payment bond requirements.
2.
Final Plat Requirements.
a.
The final plat shall be provided by the subdivider and shall meet all or part of the requirements of this Section as deemed necessary and approved by the Board of Aldermen. A listing of all omitted items shall be signed by the Mayor and attached to the final plat.
b.
The final plat shall include all or only a part of the preliminary plat which has received approval. All deviations from the standard procedure stated in this Chapter shall be in writing bearing the signature of the Mayor and attached to the final plat.
c.
The original drawing of the final plat shall be drawn on Mylar or new linen tracing cloth with waterproof black India ink to a scale of fifty (50) feet to one (1) inch, provided that, if the resulting drawing would be greater than thirty-six (36) inches in the shortest dimension, a scale of up to one hundred (100) feet to one (1) inch may be used. Four (4) black or blue line prints shall be submitted with the original final plat; or in order to conform to modern drafting and reproduction methods, four (4) black or blue line prints and a reproducible Mylar or new film positive of the final plat shall be submitted. Prints filed with the City shall include one (1) Mylar or new linen tracing cloth print made after recording the final plat and bearing the official stamp attesting the fact of the recording and a reproducible Mylar or film positive of the final plat, as approved.
d.
All elevations shall be referenced to the established datum and the reference shall be clearly stated on all plats or drawings showing any such datum, providing bench marks are located within a reasonable distance.
e.
All dimensions shall be shown in feet and decimals of a foot.
f.
The title shall be placed in the lower right corner and a suitable border line be placed on all tracings with a margin of not less than one-half (1/2) inch in all sides.
3.
Contents Of Final Plat Survey. All surveys for a final plat shall be made under the active and personal direction of a registered land surveyor in the State, and shall include all of the following basic information, unless specifically waived by the Mayor at the time of approval of the preliminary plat:
a.
Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing with an error or closure of not more than one (1) foot in five thousand (5,000) feet, coordinates shall be established for all property corners;
b.
Accurate distances and directions to the nearest established street corner or official monuments, reference corners being accurately described on the final plat;
c.
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy, solid lines;
d.
Accurate metes and bounds description of the boundary and the included area to the nearest one hundredth (0.01) of an acre;
e.
The right-of-way line of streets, easements and other rights-of-way, and property lines of lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs and chords, points of tangency and central angles;
f.
The name and right-of-way width for each street or other right-of-way;
g.
The location, dimensions and purposes of any easement shown by light dashed lines;
h.
The number to identify each lot or site;
i.
The purpose for which sites, other than residential lots, are dedicated or reserved;
j.
All building setback or front yard lines and dimensions;
k.
The floor elevation and siting of each proposed building;
l.
The location, type of material and size of all monuments and lot markers, including elevations related to mean sea level as established by the U.S. Geological Survey;
m.
The names of owners and mortgagees accepting the plat, with owner personally signing all plans or drawings;
n.
The names of record owners of adjoining unplatted land, shown by medium dashed and two (2) dotted lines;
o.
Reference to recorded subdivision plats of adjoining platted land by record name, date and number, shown by medium dashed and two (2) dotted lines;
p.
Restrictions of all types which will run with the land and become covenants in the deeds for lots, restriction lines being shown by medium dashed lines;
q.
Title, North arrow, scale and date;
r.
Certification by registered surveyor with registration number and seal affixed to all documents of the final plat;
s.
Certification by the registered surveyor stating that all lots conform to the requirements of the zoning district in which it is located;
t.
A certificate of dedication of all public areas;
u.
A certificate that all taxes due have been paid;
v.
A certificate for approval by the Board of Aldermen.
4.
Enforcement. No plat of any subdivision shall be filed with the office of the County Clerk or to have any validity until it has been approved in the proper manner established by the City.
5.
Record Of Plats. All plats of subdivisions, after the same have been submitted and approved, shall be filed in a book of plats of the City and shall be filed and kept by the City among the records of the City.
[Ord. No. 99-09(1), 8-27-1999]
A.
All lots shall have public utility easements dedicated to the City. The easements shall be located as follows:
B.
The lot size shall be a minimum of seven thousand five hundred (7,500) square feet.
C.
The lot shall have setbacks. The setbacks shall be as follows:
1.
Front yard shall be twenty-five (25) feet.
2.
Side Yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side of not less than ten (10) feet. The combined total of side yards for interior lots shall not be less than twenty-five (25) feet, and the combined total of side yard lots for corner lots shall not be less than thirty (30) feet with an extra five (5) feet on the side abutting the right-of-way.
3.
Rear Yard. Every lot or parcel of land upon which the building is constructed shall have a rear yard of not less than twenty-five (25) feet or twenty percent (20%) of depth of lot, whichever is larger, but it need not exceed thirty-five (35) feet.
[Ord. No. 99-09(1), 8-27-1999]
A.
Responsibilities Of Subdivider. Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in this Chapter. All improvements required under this Chapter shall be constructed in accordance with the provisions set forth.
B.
Plan And Specification Requirements.
1.
The final plat submission to Board of Aldermen shall be accompanied by the plans and specifications for the improvements required under this article. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer responsible for their preparation. A cross section of the proposed streets shall be included showing the widths of rights-of-way, locations and width of sidewalks and the location of underground utilities. The plans shall show the times of all proposed sidewalks and the location of all proposed street lights.
2.
The plans, cross sections and specifications for the proposed improvements shall be submitted to and approved by the City Engineer prior to submission to the Board of Aldermen with the final plat. Four (4) black or blue line prints of the approved documents shall be included with the final plat submission. After the completion of the construction of the improvements, a set of reproducible prints showing the as-built details and changes, if any, shall be filed with the City Engineer.
C.
Performance Guarantee Requirements. Developers shall be required to furnish a guarantee that actual construction and installation of improvements in the utilities would be completed within two (2) years after the approval of the final plat. The period of time specified herein shall be expressed in the guarantee. The developers shall construct and complete all required improvements in utilities under one (1) of the following procedures, as designated by the Board of Aldermen:
1.
Performance Contract. Prior to final plat approval, the Board of Aldermen may require an agreement signed by the developer in which the developer guarantees completion of all required improvements within a reasonable period specified by the Board. The agreement shall be secured by a pledge of assets or guarantors as approved by the Board of Aldermen. The obligation of the developer under the agreement shall not be assigned without the expressed written consent of the Board. Upon a breach of any part of the agreement by the developer, the Board may at its option pursue any legal or equitable remedy necessary to ensure completion and payment by the subdivider for the required improvements and utilities.
2.
Performance Bond. Prior to the final plat approval, the Board of Aldermen may require a bond or such other surety as it may deem appropriate to secure the construction to be completed within a reasonable period specified by the Board of Aldermen and expressed in the bond or other surety, in an amount and with surety and conditions satisfactory to the Board of Aldermen.
3.
Cash. In lieu of the performance contract and/or performance bond, the developer may deposit with the City such sum, in cash, as the Board of Aldermen may require, sufficient to secure the completion of all improvements.