City of Raymore, MO Chapter 445 Subdivision Design and Improvements

§ 445.010 General.

A. Applicability. Except as otherwise noted, the regulations contained in this chapter apply to the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for the purpose of sale, transfer or building development, whether immediate or future, including the re-subdivision or re-platting of land or lots.

B. Conformance to Applicable Rules and Regulations.

1. In addition to the regulations established by this chapter, all subdivision plats must comply with the following laws, rules and regulations:

a. All applicable provisions of the Missouri Statutes;

b. The City of Raymore Unified Development Code, Building and Housing Codes, and all other applicable laws;

c. The Growth Management Plan, as adopted;

d. Any adopted policies and rules of the Director of Public Works, and the Department of Natural Resources of the State of Missouri;

e. The rules of the Missouri Highway and Transportation Department if the subdivision of any lot contained therein abuts a State highway; and

f. The standards and regulations adopted by the Director of Public Works and all Boards, Commissions, Departments, Agencies and Officials of the City adopted pursuant to any law or ordinance.

2. Plat approval may be withheld if a subdivision is not in conformity with any of the above or the intent and purposes of this Code.

C. Exemptions; Activities that do not Constitute a Subdivision. The following activities do not constitute a subdivision and are expressly exempt from the design and improvement standards of this chapter:

1. The division or further division of land into lots or parcels, each of which contains more than forty (40) acres, where no new streets or easements of access are created;

2. A transaction between owners of adjoining land that involves only a change in the boundary between the land owned by such persons, and does not create an additional lot or nonconformity;

3. A conveyance of land or interest therein for use as right-of-way or other public utilities subject to State or Federal regulation, where no new lot is created;

4. A conveyance made to correct a description in a prior conveyance; and

5. Any transfer by operation of law.

D. Subdivision Review and Approval.

[Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. No plat of a land division may be accepted for recordation or recorded with the Recorder of Deeds until the Development Services Director has either:

a. Certified in writing that the proposed land division does not constitute a subdivision; or

b. Determined that the land division constitutes a subdivision and has been reviewed and approved in accordance with the applicable procedures of Chapter 470.

2. No subdivision or exempt land division may be executed solely by deed instrument. All applications for subdivisions or exempt land division must bear the signature of the owner of the property for which the application is being made.

§ 445.020 Improvements.

A. Improvements Required. Subdividers are responsible for the construction, installation and maintenance of the following improvements according to the standards of this Code in addition to any federal, state or local standards:

[Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. All roads and sidewalks on common areas within the subdivision;

2. Improvements to existing roads and/or construction of new roads required for safe and adequate access to the subdivision as may be required by this chapter;

3. One-half of the roads classified as a collector or arterial road on the Transportation Master Plan that are located adjacent to the perimeter of the subdivision;

4. All of the sidewalk or trail on said one-half (1/2) of the collector or arterial road identified in A3 above;

5. Water supply and wastewater systems;

6. Stormwater management facilities;

7. Sewage disposal facilities;

8. Other private utilities;

9. Street lighting; and

10. Any other improvements required by this Code or required at the time of preliminary plat approval.

Subdividers are responsible for maintaining required improvements until such time as they are accepted by the City or transferred to a property owner’s association.

B. Development Agreements. Prior to the approval of a final plat for a subdivision in which improvements are required to be installed, the subdivider shall enter into a written development agreement with the City, in which all required improvements are specified, together with method of construction and provisions for payment of the cost thereof.

C. Performance Guarantees.

1. Forms and Conditions.

a. Performance guarantees must be made payable to the City before a construction permit will be issued. The guarantee must be conditioned on the faithful performance of all the obligations under the Development Agreement. Should the developer fail to properly install all improvements within the term of the guarantee, the City may draw on the funds to complete the improvements.

b. The guarantee must be in the form of a bond, escrow deposit or other surety instrument acceptable to the City Council.

c. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated in the City Growth Management Plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in a manner as is in the public interest.

2. Amount. The amount of the guarantee must be in an amount at least equal to the contract price for the public infrastructure.

3. Term. Guarantees must be posted for a time period acceptable to the City Council.

4. Release of Guarantee. The performance guarantee will be released when:

a. All improvements are completed according to approved plans and the requirements of the Unified Development Code, and are certified by all appropriate agencies;

b. As-built plans have been submitted as required by this chapter;

c. Final acceptance of improvements has been made by the City Council; and

d. Two (2) year maintenance bond is received.

D. Certificate of Insurance.

[Amendment 28 – Ordinance 2018-066, 9-10-2018]

1. The contractors shall indemnify the City, with Certificate of Insurance with the City named as co-insured. Certificate of Insurance shall be on a form furnished by the City and in an amount established by the City. The contractor shall secure and maintain throughout the duration of construction, insurance of types and in amounts as may be necessary to protect himself/herself and the interest of the City against all hazards or risk of loss. The form and limits of such insurance together with each underwriter, shall be acceptable to the City, but regardless of such acceptance it shall be the responsibility of the contractor to maintain adequate insurance coverage at all times.

E. Construction Permits. Construction permits shall only be issued to the contractor completing the work. No improvements shall be constructed nor shall any preliminary work thereto be done until such time as a preliminary plat has been approved and the engineering drawings and construction plans have been approved and a construction permit issued. Improvements shall be in compliance with all of the requirements relating to the agreement specified in Section 445.020B of this Code. Improvements installed must be consistent with, and in compliance with, the approved preliminary plat. Preliminary grading may take place if a grading and erosion control plan has been approved by the Director of Public Works and a land disturbance permit has been issued.

F. Mud Deposit.

[Amendment 4 – Ordinance 29137, 11-9-2009; Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. Each builder working within the City limits of Raymore must deposit a sum approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the City Clerk’s office at the time of issuing individual building permits. The deposit will be a guarantee that the permit applicant and any subcontractors or employees will keep streets and sidewalks in the area in which they are working free and clear of dirt, gravel, rubbish or other construction debris. The Director of Public Works may waive the deposit required by this section when the applicant is an individual home owner. No person, firm or corporation may dump or deposit or cause to be dumped or deposited any dirt, gravel, rubbish, leaves or other debris; including, but not limited to, lumber; paper; trash; concrete or metal in any street, right-of-way, gutter, storm sewer, waterway or drainage way or erosion of soil that flows onto any street, right-of-way, gutter, storm sewer, waterway or drainage way abutting property from property before or during construction.

2. If upon inspection by the Building Official, Director of Public Works or any of their designated representatives, it is determined that dirt, gravel, rubbish, leaves or other debris has been dumped or deposited in any street, right-of-way, gutter, storm sewer, waterway or drainage way in violation of the provisions of this section, the provisions of Section 455.020A shall be enforced.

G. Construction of Improvements.

[Amendment 11 – Ordinance 2011-52, 8-08-2011; Amendment 22 - Ordinance 2015-068, 9-14-2015; Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. The subdivision survey shall conform to the procedures as defined in an official document adopted by the Director of Public Works and shall be based on the current Minimum Standards for Property Boundary Surveys 10 CSR 30-2, Missouri Code of State Regulations.

2. All required improvements shall be designed and built according to the latest edition of the Kansas City Metropolitan A.P.W.A. and City of Raymore criteria unless otherwise noted in this chapter.

3. Prior to approval of the final plat, the developer shall submit to the City a cost estimate of the public improvements as specified by the Engineer’s plans and specifications.

4. All public and private utilities must be installed underground. Plans for underground facilities shall be prepared by, or at the direction of, the agency involved.

5. All public and private improvements shall be completed according to the plans and specifications approved by the Director of Public Works.

6. All private utilities that have a surface access point for equipment shall be located within recorded easements in the rear yard area of lots. If location in a rear yard easement is impractical due to topography or other physical features of a lot, then the Public WorksDirector may allow the installation of private utilities in a recorded easement in the front yard area of a lot.

7. When a road segment that is classified as a collector or arterial road on the Transportation Master Plan is located adjacent to the perimeter of the subdivision the subdivider is responsible for the construction of the one-half (1/2) of the road segment that is adjacent to the subdivision and for all of the corresponding sidewalk or trail on said one-half (1/2) of the road. A cost estimate shall be prepared by the developer’s engineer and submitted to the Director of Public Works for review. Once the amount of the estimate is accepted by the Director of Public Works said amount shall be submitted to the City in accordance with Section 445.020C. Said funds shall be guaranteed until the time said collector or arterial road is constructed and the funds shall be utilized for the costs associated with construction of the collector or arterial road.

H. Inspection of Improvements.

[Amendment 6 – Ordinance 2010-50, 6-14-2010; Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. Construction Plan Review Fee. Prior to the issuance of a construction permit, the subdivider shall pay to the City a plan review fee as approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the City Clerk’s office for the review and processing of the Construction and Grading Plans.

2. Inspection of Improvements.

a. Unless otherwise approved by the Director of Public Works, all improvements shall be inspected by the City of Raymore. Prior to the issuance of a construction permit, the subdivider shall pay to the City all fees as indicated in the development agreement for the subdivision.

b. The subdivider shall contract with a registered professional engineer or surveyor to perform construction staking and preparation of “as-built” construction plans.

c. For residential developments, building permits shall not be issued until the subdivision plat is recorded, the required improvements have been accepted by the City, and the construction inspection and plan review fees have been paid.

d. For non-residential developments, a certificate of occupancy shall not be issued until the subdivision plat is recorded, the required improvements have been accepted by the City, and the construction inspection and plan review fees have been paid.

I. Acceptance of Improvements. Upon receipt by the City Council of a certification from the Director of Public Works stating:

[Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. That all improvements have been installed in reasonable conformity with the approved engineering drawings and in reasonable conformity with the requirements of this chapter and all other applicable statutes, ordinances, and regulations;

2. That all “as built” drawings have been furnished as required;

3. That all survey monuments are in place; and

4. That all required fees have been paid,

The City Council will thereupon, by resolution, formally accept such improvements. The improvements shall become the property of the City. This acceptance does not relieve the developer of any obligation to maintain these facilities as may be required by the two (2) year Maintenance Bond.

J. As-Built Drawings. Upon completion of the work, or any phases thereof, the developer shall furnish permanent reproducible “as-built” drawings of the work to the Director of Public Works. The as-built drawings shall include the following information for sanitary, stormwater, water and streetlight infrastructure:

[Amendment 25 – Ordinance 2017-051, 8-28-2017]

1. State plane coordinates for manholes, curb inlets, valves and junctions for public force mains, water valves, hydrants, open ends of storm pipe, and street light poles.

2. Depth and top of elevations of manholes, flared end sections and curb inlets.

3. Drawings in PDF and AutoCAD format.

K. Vacation of Undeveloped Subdivision. When no lots on a plat of subdivision have been sold, the subdivider may request the vacation of the plat prior to the time that the improvements covered by the bond are installed, and when such plat is vacated, all financial guarantees shall be returned to the subdivider.

L. Maintenance Bond and Maintenance of Improvements.

1. When all or parts of required improvements in a subdivision are installed, and required inspections have been made, the developer and/or its contractor or designee shall furnish to the City a maintenance bond naming the City and developer as additional insureds equal to fifty percent (50%) of the construction cost of said improvements, said maintenance bond shall be conditioned that improvements shall endure without need of repairs for a period of two (2) years, said maintenance bond shall be on the form as required and approved by the City of Raymore.

2. Within the time period prescribed by the bond, the developer and contractor, as ordered by the Director of Public Works, shall repair, replace or rebuild such portions of the work which are found to be faulty because of materials or workmanship. The developer or its contractor shall begin the remedial work no less than five (5) days after order from the Director of Public Works. In case the developer or its contractor does not start the remedial work within the above time limit, or in case of an emergency condition caused by faulty work, the City may take remedial action and charge the costs thereof against the developer, contractor and their surety.

3. If the developer and/or its contractor or designee does not start or finish the remedial work within the established time frame, the City may suspend the issuance of any building permits within the subdivision.

4. Prior to the expiration of the Maintenance Bond, an inspection of the bonded improvements shall be made by the City and if improvements are without need of repairs, the City shall release the Maintenance Bond and assume the responsibility of maintenance of the improvements.

M. Property Owners Associations.

1. Establishment. If a property owners association is to be responsible for the maintenance and control of roads, open space, recreational facilities or other common areas and facilities within a subdivision, that association must have legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents or property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

2. Documentation.

a. Documents providing for the establishment of a property owners association must be submitted to the Development Services Director before approval of a final plat.

b. The City’s review is limited to ensuring that the property owners association has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents and property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

3. Responsibilities. Property owners associations must be established and approved as a condition of plat or development approval. They are responsible for the cost and maintenance of all common open space, private streets, landscape areas (including those within cul-de-sac islands, and around identification signs), trails, subdivision identification signs, utilities, and other facilities that are not dedicated to the public.

§ 445.030 Subdivision Design and Layout.

A. Compliance with Growth Management Plan. Subdivider’s shall refer to the Growth Management Plan when designing a new subdivision layout. Land use, transportation connectivity, and location of trails and park land as indicated in the Growth Management Plan shall be considered in the design and layout of the subdivision.

[Amendment 25 – Ordinance 2017-051, 8-28-2017]

B. Conditions. The subdivision of land is a privilege conferred upon the developer by the laws of the State of Missouri and through these subdivision regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him/her rests the duty of compliance with reasonable conditions laid down by the Planning and Zoning Commission and the City Council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the City and to the safety and general welfare of the future plot owners in the subdivision and of the community at large.

C. Design Principles and Guidelines.

1. Traffic Movement and Pedestrian Circulation.

a. Subdivisions shall be designed to create an integrated system of lots, streets, trails, and infrastructure that provides for efficient movement of people, bicycles, and automobiles within the subdivision and to and from adjacent development.

b. Subdivisions shall provide for the efficient movement of through traffic by providing a completely interconnected hierarchy of streets and roads in order to avoid isolation of residential areas and over-reliance on arterial roads.

c. All subdivisions shall be designed to provide safe and attractive pedestrian routes to nearby commercial centers, as well as nearby public/civic, employment and recreation uses.

d. Street layouts shall be uncomplicated, so that emergency services, public services, and visitors can find their way to their destinations.

e. Residential driveways shall not directly access arterial or collector roads.

f. Residential subdivisions involving three (3) or more lots shall be served by internal street systems rather than relying on direct access from existing arterial and collector streets. When direct access from arterial and collector streets is allowed, the City Council shall be authorized to require shared access drives and other mitigation measures to reduce the number of access points on major roads and thereby promote public safety and efficient movement of traffic.

2. Open Space.

a. Open spaces shall be integrated into and throughout subdivisions, should be connected with one another and with open spaces in adjacent developments, and should include trails that connect to pedestrian routes in the subdivision and to regional trail systems.

b. Open spaces anticipated for use as active or developed parks shall be located on relatively flat, well-drained terrain.

c. Open spaces not anticipated for use as active or developed parks shall be located on prominent high points with significant views or along significant and interesting geological features or wooded areas or along significant drainage areas.

d. Open spaces that are anticipated to serve as trail corridors shall be continuous with anticipated trail corridors on adjacent properties.

e. Subdivisions shall be designed and laid out in a manner that creates the least damage to the natural environment and avoids to the maximum extent feasible significant natural resources such as prime agricultural lands, wooded areas and wetlands.

3. Natural Hazards. Lands subject to flooding, excessive erosion, and subsidence because of soil types or groups, water courses and other drainageways, steep slopes or other natural hazards may not be platted for residential or other uses in such a way as to present a danger to life or property or to the public health, safety or general welfare.

4. Natural and Cultural Resources.

a. Subdivisions shall be designed to preserve trees and native vegetation, ponds, streams, rivers, lakes, hillsides and other natural resources that exist on a site.

b. Subdivisions shall be designed to preserve cultural and historic resources.

D. Blocks.

1. The lengths, widths, and shape of blocks must be suited for the planned use of the land, zoning requirements, and need for convenient access, control and safety of street traffic and the limitations and opportunities to the terrain.

2. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic.

3. Blocks may not exceed one thousand (1,000) feet in length. Pedestrian ways of not less than ten (10) feet in width must be provided near the center of any block that is six hundred (600) feet or more in length where deemed necessary in the opinion of the Planning and Zoning Commission to provide adequate pedestrian circulation or access to schools, shopping center, churches, parks or transportation facilities.

E. Lots.

1. The lot size, width, depth, shape and orientation, and the minimum setback lines must be appropriate for the location of the subdivision and for the type of development and use contemplated.

2. Lot dimensions, including width, depth, area and setbacks, must conform to the requirements of the Unified Development Code unless otherwise expressly stated in this section.

3. Corner lots for residential use must have extra width to permit appropriate building setback from, and orientation to both streets.

4. The area of the street right-of-way shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of the Unified Development Code.

5. Double frontage and reverse frontage lots may be approved at the time of preliminary plat approval where necessary to provide separation of residential development from through traffic or overcome specific disadvantages of terrain and orientation. No access shall be allowed onto a collector or arterial road.

6. The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

7. Unless otherwise approved by the Director of Public Works, the minimum finished floor elevation for the garage slab shall be one and one-half (1 1/2) feet above the top of curb. The maximum finished garage floor elevation shall be such as to provide a maximum driveway slope of eighty percent (80%).

8. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged in such a manner as to allow for the opening of future streets and logical further re-subdividing of the parcel.

F. Subdivision Adjacency Standards. The following subdivision adjacency standards are intended to provide adequate transition between new single-family and two-family developments adjoining recorded platted single-family subdivisions in the City.

1. Applicability. For preliminary or final plat applications, if the median lot area per dwelling unit of proposed lots is less than seventy-five percent (75%) of the median lot of the adjacent existing platted lots, the requirements of this section shall apply.

2. Exempted Subdivisions.

a. New subdivisions separated from existing recorded platted subdivisions in the City by a right-of-way for the entire length of the new subdivision shall be exempt from the requirements of this section. If the right-of-way only extends for a portion of the distance between the two (2) subdivisions, then one (1) of the adjacency options shall be utilized along the remaining common lot line.

b. An application for final plat approval that is part of a subdivision that obtained preliminary plat approval prior to January 22, 2007 shall be exempt from the provisions of this section.

c. An application for preliminary plat or final plat approval that is part of a subdivision that has an approved Memorandum of Understanding regarding development of the entire subdivision shall be exempt from the requirements of this section.

3. Standards. New residential subdivisions subject to the requirements of this section must provide one (1) of the following lot compatibility techniques along the common property line:

a. Landscape Buffer with Berm.

(1) Shall have a minimum width of twenty-five (25) feet;

(2) Shall have a minimum height of four (4) feet;

(3) Evergreens shrubs, trees or other landscape plantings shall be utilized to create a Type A opaque buffer as defined in Section 430.080C1;

(4) Perimeter barriers, including fencing or walls, may be utilized within the landscape buffer; and

(5) The buffer shall be part of an open space or landscape tract.

b. Landscape Buffer without Berm.

(1) Shall have a minimum width of thirty (30) feet;

(2) Evergreens, shrubs, trees, or other landscape plantings shall be utilized to create a Type A opaque buffer as defined in Section 430.080C1;

(3) Perimeter barriers, including fencing or walls may be utilized within the landscape buffer; and

(4) The buffer shall be part of an open space or landscape tract.

c. Open Space Buffer.

(1) Shall have a minimum width of fifty (50) feet;

(2) Shall contain a ten-foot wide trail, pedestrian or bike path that provides pedestrian connectivity; and

(3) The buffer shall be part of an open space or landscape tract.

d. Yard Matching. The rear yard widths of the proposed development shall match the rear yard widths of the existing adjacent development.

e. Parkland. Dedication of City parkland accepted by the Raymore Parks and Recreation Board.

4. Combination of Options. A combination of options may be utilized to fulfill the adjacency requirement along the entire length of the common property line between the proposed lots and existing platted lots.

G. Monuments.

1. The subdivider shall cause a registered land surveyor to install permanent reference points on all perimeter corners of the property.

2. All required monuments disturbed, destroyed, obliterated or lost during construction shall be replaced upon completion of the work by the developer or his/her contractors at the cost of the developer.

H. Easements.

[Amendment 13 – Ordinance 2012-074, 9-24-2012; Amendment 24 - Ordinance 2017-004, 2-13-2017]

1. Utility Easements. The Director of Public Works may require general utility easements of adequate width along lot lines where necessary or advisable for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines as dictated by the plans of the developer to provide utility connections. The following are established as minimum width for any general utility easements on all lots:

a. Front line easements--ten (10) feet;

b. Side line easements--five (5) feet;

c. Rear line easements--seven and one-half (7 1/2) feet if adjacent to a general utility easement of at least five (5) feet in width otherwise, ten (10) feet.

2. Drainage Easements.

a. Suitable drainage easements as required by the Director of Public Works must be dedicated on the subdivision plat to provide for the natural drainage of storm water through the plat and in consideration of proposed improvements.

b. The minimum width for drainage easements shall not be less than fifteen (15) feet for closed conduits and twenty (20) feet for open channels, but, in any case, must provide for conveyance of a one-hundred-year storm flow with additional width of not less than ten (10) feet for construction and maintenance equipment and operations. Any variations to these standards should be noted on the final plat certified by the Director of Public Works.

c. These drainage ways must be improved to the extent necessary to properly accommodate storm flows in a manner to eliminate erosion and possible loss and damage to life, land and property. The location, width and alignment of such drainage easements and the improvements shall be subject to the approval of the Director of Public Works.

3. Private Easements.

a. A proposed subdivision plat shall not dedicate any private utility easement in the public rights-of-way.

b. Dedication of rights-of-way as part of a subdivision plat shall be free and clear of private easements.

4. Restriction of Use.

a. No building or structure shall be constructed, installed or placed in an easement area.

b. See Section 440.030A2 regarding fence location in an easement.

I. Streets.

[Amendment 28 – Ordinance 2018-066, 9-10-2018; Amendment 33 - Ordinance 2020-068, 11-23-2020]

1. Street Access. All lots located in any subdivision must provide direct access to a dedicated public street, except that private streets may be permitted as a part of a Planned Unit Development or as otherwise permitted by this chapter.

2. Arrangement, Width and Location. In any new subdivision, the street layout must conform to the arrangement, width, and location indicated on the Transportation Plan. Streets shall be designed and located in proper relation to existing and proposed streets; to the terrain; to natural features such as streams and tree growth; to public convenience and safety; to the proposed use of the land served by such streets; and to the most advantageous development of the adjoining area.

3. Connectivity.

a. Proposed streets must extend to the boundary line of the tract being subdivided unless prevented by topography or other physical conditions; or unless in the opinion of the Planning and Zoning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts.

b. Streets within new subdivisions shall be connected with existing streets in adjacent subdivisions to provide connectivity between subdivisions.

4. Buffer Strips.

a. Whenever a proposed residential subdivision contains lots that back onto an arterial or major collector, a buffer strip must be provided, according to one (1) of the following two (2) options:

	Option A	Option B
Buffer strip width	30 feet	20 feet
Canopy trees	1 deciduous shade tree every 60 feet	1 deciduous shade tree or 2 evergreens every 60 feet
Understory trees	Allowed, not required	3 ornamental and 1 evergreen tree every 100 feet
Large flowering shrubs	4 clustered every 150 feet	4 every 30 feet
Berm	Allowed, not required	Allowed, not required

b. All trees and shrubs must be set back from the right-of-way line at least five (5) feet.

c. The buffer may not be a part of the platted lots and must have the following restriction lettered on the plat:

“This buffer reserved for the planting of trees or shrubs by the developer; the building of structures and fences hereon is prohibited.”

d. At the time of final plat, the developer must provide a landscape plan for the buffer strip area.

e. A wall or fence consisting of a unified and consistent design and materials may be installed within the buffer area. The wall or fence must be included in the landscape plan submitted to the Planning and Zoning Commission.

5. Intersections. Streets must intersect at right angles unless otherwise dictated by topography or other factors of good design.

a. The number of intersections along arterial and collector streets shall be held to a minimum. Wherever practical the distance between such intersections shall not be less than one thousand (1,000) feet.

b. Property lines at street intersections shall be rounded with a minimum radius of fifteen (15) feet. A greater radius may be required by the Director of Public Works where anticipated traffic justifies such a requirement.

c. Streets parallel to a limited access highway shall, when intersecting an arterial or collector street, highway or a collector street be located at a minimum distance of two hundred fifty (250) feet from said right-of-way, highway or collector street. Such distance, when desirable and practical, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.

d. Local streets need not continue across arterial or collector streets; but, if the centerline of such local street approach the arterial or collector streets from opposite sides thereof within one hundred fifty (150) feet, however, the Director of Public Works may require an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities.

6. Street Dimensions. All streets must conform to the requirements contained in the City of Raymore Technical Specifications and Design Criteria Manual.

[Amendment 33 - Ordinance 2020-068, 11-23-2020]

7. Half Streets.

[Amendment 25 - Ordinance 2017-051, 8-28-2017]

a. Where an existing dedicated or platted half street is adjacent to the tract being subdivided, the other half of the street right-of-way must be dedicated by the subdivider. Half street dedications are not permitted, unless there is satisfactory agreement with the City that all adjacent property owners agree to dedicate and construct the one-half (1/2) of the street that is adjacent to their property.

b. When a collector or arterial road is adjacent to the subdivision, one-half (1/2) of the applicable right-of-way for the road shall be dedicated to the City as part of the subdivision plat.

8. Suburban Estate Streets. Streets in subdivisions with lots two and one-half (2 1/2) acres in area or larger and with frontages of two hundred (200) feet or greater, or any streets in subdivisions in the RE district, may be designed in accordance with the cross section as shown in the City specification for streets, subbase and base for residential lots larger than two and one-half (2 1/2) acres.

9. Cul-de-sac Streets.

[Amendment 22 – Ordinance 2015-068, 9-14-2015]

a. Cul-de-sac streets may not be longer than six hundred (600) feet, measured from the centerline of the cul-de-sac to the centerline of the connecting street. In subdivisions with lots one-half (1/2) acre or larger, cul-de-sac streets may be up to eight hundred (800) feet in length. Exceptions may be made where topographic or other unusual existing conditions so require, subject to the approval of the Director of Public Works and the Planning and Zoning Commission.

b. Turnaround design must be submitted to and approved by the Director of Public Works in accordance with the City of Raymore Technical Specifications and Design Criteria Manual.

c. A decorative island shall be required at the center of a cul-de-sac turnaround to provide for stormwater treatment. Decorative islands must be designed and maintained in accordance with Section 450.020 of the Unified Development Code.

10. Private Streets. Private streets are permitted subject to the approval of the City Council. A homeowner’s association or business district association must be formed to maintain any private street.

11. Street Classification. Street classification in new subdivisions must first be determined by the Director of Public Works when the Preliminary Plat of a subdivision is submitted. The final classification will be determined by the City Council as approval of the final plat is made by that Council.

12. Street Names and Signs.

[Amendment 25 - Ordinance 2017-051, 8-28-2017]

a. Street names must be suggested by the developer and approved by the Planning and Zoning Commission at the time of the preliminary plat approval.

b. Street names must comply with the City Addressing and Street Naming Policy.

c. Reflective street signs, approved by the Director of Public Works, will be provided and installed by the subdivider at all street intersections at the subdivider’s expense.

J. Street Lighting.

[Amendment 8 – Ordinance 2011-9, 2-28-2011; Amendment 24 - Ordinance 2017-004, 2-13-2017]

1. The subdivider shall be responsible for installation of all required street lights associated with any new subdivision at the time public improvements are installed. Street lights shall be required as follows:

a. On any collector or arterial street immediately adjacent to the subdivision wherein street lights are not currently installed; and

b. On any street within the subdivision in accordance with a street light plan designed by an engineer registered in the State of Missouri, submitted by the subdivider, and approved by the Director of Public Works.

2. Street lights required to be installed on adjacent collector or arterial streets shall be installed in accordance with a street light plan already approved by the City or a plan designed by an engineer registered in the State of Missouri, submitted by the subdivider, and approved by the Director of Public Works.

3. The subdivider shall take the necessary steps to secure placement of required street lights. Street lights shall be installed and be operational prior to acceptance of any public improvements in the subdivision.

K. Sidewalks.

[Amendment 17 – Ordinance 2014-005, 2-10-2014; Amendment 24 - Ordinance 2017-004, 2-13-2017; Amendment 29 - Ordinance 2019-003, 1-14-2019]

1. Requirement.

a. Residential Developments.

(1) Sidewalks shall be installed on both sides of all public streets except upon lots greater than three (3) acres in size, or in the case of a residential subdivision, when the average lot size is greater than three (3) acres.

(2) Sidewalks shall be installed in the right-of-way, on the property line adjacent to the street, along the street frontage of all lots.

(3) Sidewalks along private streets shall be determined as part of preliminary plat review.

(4) Corner lots that do not contain an ADA curb ramp shall have the ramp installed at the time sidewalk is installed upon the lot.

b. Commercial, Industrial and All Other Developments.

(1) Sidewalks shall be installed on both sides of all public streets.

(2) Sidewalks shall be installed in the right-of-way, on the property line adjacent to the street, along the street frontage of all lots.

(3) Sidewalks shall be provided along one side of access drives and shall connect to sidewalks along all public streets adjacent to the development.

(4) Corner lots that do not contain an ADA curb ramp shall have the ramp installed at the time sidewalk is installed upon the lot.

2. Installation of Sidewalks.

a. Residential Developments.

[Amendment 8 – Ordinance 2011-9, 2-28-2011; Amendment 12 – Ordinance 2012-050, 6-25-2012; Amendment 22 - Ordinance 2015-068, 9-14-2015; Amendment 23 - Ordinance 2015-091]

(1) Sidewalks on an individual lot shall be installed along all public streets adjacent to the lot prior to the issuance of a certificate of occupancy for the structure on the lot.

(2) Sidewalks in common areas that are not adjacent to any lot(s) shall be installed at the time public improvements are installed. All other sidewalk in common areas shall be installed by the owner of the common area at the time adjacent lot(s) are developed.

(3) Sidewalks along local roads adjacent to land not included in the subdivision phase shall be installed at the time public improvements are installed.

(4) Sidewalks along arterial or collector streets shall be installed at the time public improvements are installed.

(5) The owner of any undeveloped lot within the subdivision or subdivision phase shall be required to construct a sidewalk on that lot when:

(a) Sixty-six percent (66%) or more of the lots on the same side of the street in the same block already have a sidewalk; and

(b) It has been three (3) years from the date the first Certificate of Occupancy was issued in the subdivision or subdivision phase that contains the undeveloped lot.

(6) If any portion of a corner lot has frontage along a street that meets the threshold of sub-section 5 above then sidewalk is required to be installed on all street frontages of the corner lot.

(7) Should any sidewalk not be completed within the required time period, the city may, after holding a public hearing, proceed with constructing the sidewalk and levy a special assessment against the property owner for the costs thereof.

(8) Any final plat approved after the effective date of this Code shall include a note on the plat that includes the language stated in Section 445.030K2a5.

(9) After holding a public hearing, the City Council shall consider the following factors in its deliberation to determine if the City is to install a sidewalk on an undeveloped lot and levy a special assessment against the property owner for the costs thereof:

(a) Whether the sidewalk segment is necessary to create a continuous sidewalk from the subdivision to a school.

(b) Whether the sidewalk segment is necessary to create a continuous sidewalk from the subdivision to a sidewalk or trail on an arterial street.

(c) Whether installation of the sidewalk segment eliminates a safety concern.

(d) The percentage of the developed lots (degree of completion) in the subdivision or subdivision phase is high enough to warrant the installation of the sidewalk segment.

(e) The likelihood that the lot would be developed within the next year.

(f) Whether the sidewalk segment is necessary to create a continuous sidewalk to a park or subdivision amenity such as a pool.

(g) Whether the sidewalk segment is necessary to create a continuous sidewalk between subdivisions.

(h) Whether the sidewalk was required under a previously adopted City Code provision.

b. Commercial, Industrial and all Other Developments.

(1) All required sidewalks shall be installed upon the lot under development prior to the issuance of a certificate of occupancy for any building upon the lot.

c. Construction Standards. All sidewalks shall be constructed according to the Kansas City Metro Materials Board (KCMMB) 4K concrete material specification and City of Raymore Standard Specifications and Design Criteria.

[Amendment 11 – Ordinance 2011-52, 8-08-2011]

3. Sidewalk Width.

[Amendment 29 - Ordinance 2019-003, 1-14-2019]

a. Sidewalks shall be a minimum width of five (5) feet.

b. Sidewalks constructed in a residential subdivision with a final plat recorded prior to February 1, 2019 may be four (4) feet in width.

c. Sidewalks along any access drive shall be at least five (5) feet in width.

L. Trails. Trails shall be provided in accordance with Section 445.040C.

M. Dedications of Rights-of-Way.

1. When a land use permit or building permit is requested on a lot or tract abutting a public street, the Development Services Director must determine that adequate right-of-way exists on that portion of the public street abutting the property. The minimum right-of-way, measured from the centerline of the street of the property line of the lot or tract, will be determined based upon the classification of the abutting street. Classification of the abutting street shall be determined by reference to the Transportation Plan; or, if the classification is not designated on any of such documents, the Director of Public Works shall determine the street classification by reference to existing or planned land uses of abutting properties and the Transportation Plan.

2. Once the street classification has been determined, right-of-way requirements shall be calculated in an amount equal to one-half (1/2) of the total right-of-way requirement established for such street classification in the Transportation Plan. Where the property lies on both sides of the public street, the right-of-way requirement must equal the amount set forth in the plan.

3. No land use permit or building permit will be issued for any lot or tract where the abutting right-of-way does not clearly comply with the right-of-way requirements until title for the additional required right-of-way has been conveyed to the City by plat or deed and accepted by the City Council.

4. Any requirement for dedication of right-of-way pursuant to this section may be waived by the Development Services Director where the permit being requested does not result in a change or expansion of use of the property or an increase in the square footage of any building.

5. Where development or construction will require easements and right-of-way dedications outside subdivision plat boundaries, no approval of construction plans for developments will be granted until verification of the recording of all easements and right-of-way dedications has been received.

N. Exceptions for Existing Improvements.

1. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this section and are in good condition as determined by the City Council upon its consideration of the opinion of the Director of Public Works, no further provision need be made by the subdivider to duplicate such improvements. However, where such existing improvements do not meet said requirements as determined by the City Council upon its consideration of the opinion of the Director of Public Works, the subdivider shall provide for the repair, correction or replacement of such improvements so that all final improvements will then meet said requirements as determined by the City Council upon its consideration of the opinion of the Director of Public Works.

2. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Code or by the policy of the City Council; and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by this Code and the City Council. The City Council shall determine what adjustment to make where the aforesaid widening merges with existing streets which are of smaller width at the boundary of such proposed subdivision. The City Council may reduce the minimum roadway system in the proposed subdivision if the extension of such roadway is already improved at each end of such roadway in the subdivision and the roadway in the proposed subdivision is two (2) blocks or less in length.

O. Street Trees. Where street trees are provided within a subdivision, they must comply with the requirements of Section 430.070.

P. Stormwater Drainage Systems.

1. Storm drainage systems must be designed by a registered professional engineer, approved by the Director of Public Works and installed by the subdivider.

2. Reinforced concrete pipe (RCP) must be installed at street crossings for storm sewers.

Q. Sewage Disposal Systems.

1. Sanitary sewers must be designed by a registered professional engineer, approved by the Missouri Department of Natural Resources, approved by the Director of Public Works and installed by the subdivider.

2. The minimum requirement for sewer lines is the installation of eight-inch sewer line and service connection to all adjacent lots.

3. Sewage treatment plants and pumping stations, if approved, must be constructed according to the specifications and standards of the Missouri Department of Natural Resources.

4. All new homes shall be connected to a public sanitary sewer system.

a. In the RE district, any new subdivision development not connecting to a public sanitary sewer system shall utilize a common sewage collection and treatment system, with provisions made for future connection to a public sanitary sewer system.

b. Existing lots that are a minimum of three (3) acres in size and are not within three hundred (300) feet of a public sanitary sewer system may utilize an individual sewage disposal system.

5. Existing residences with an individual sewage disposal system that is properly functioning are not required to connect to a public sanitary sewer system. Should the individual sewage disposal system fail, connection shall be made to a public sanitary sewer system. If no public sanitary sewer system is available within three hundred (300) feet of the primary structure, then the individual sewage disposal system may be repaired or replaced.

R. Water Distribution Systems.

1. Water distribution system, including the number and location of fire hydrants, shall be designed by a registered professional engineer and approved by the Missouri Department of Natural Resources and Director of Public Works and installed by the subdivider.

2. The minimum requirement for water systems is the extension of eight-inch water distribution mains and service connections to all adjacent lots according to the City’s minimum specifications.

§ 445.040 Park Land Dedication.

A. Purpose. It is the purpose of this section to:

1. Define the obligation of developers to meet the park and open space needs generated by new development;

2. Encourage the provision of adequate park and open space in higher density developments through a graduated scale for parkland dedication;

3. Encourage the inclusion of neighborhood parks within larger residential developments in an effort to achieve a parkland goal of one hundred percent (100%) service area coverage of all areas within the City limits of the City of Raymore;

4. Encourage the development of larger neighborhood and regional parks by encouraging cash payment in lieu of parkland dedication in smaller residential developments. These cash payments will be applied to the acquisition of larger parks serving multiple neighborhoods within the impact area of the proposed development; and

5. Require the development of a linkage system throughout the City of Raymore.

B. Applicability. The provisions of this section apply to all new subdividing and platting activities.

C. Community Open Space Network/Trails System.

1. Developments planned for land on which a trail segment is identified on the Growth Management Plan Update Open Space Corridor Plan must provide such trail segment. Trail segments with a minimum width of ten (10) feet shall be constructed at the time of infrastructure improvement and must be constructed to meet or exceed the standards set forth by the MetroGreen Plan adopted by the Mid-America Regional Council. A public access easement fifteen (15) feet in width is required over the entire length of the trail segment. The property owners’ association established for the development must maintain the trails along with all other common areas in their development.

2. The trail system is considered integral to the parks and recreation system and all developers required to construct a segment of a required trail will be awarded credit against the land dedication requirement. The developer will be awarded credit both for the property acreage within the public access easement and for the cost of the trail improvement. Trail construction cost credits will be determined by the Director of Public Works using AASHTO standard costs for asphalt installation for the year in which the construction takes place.

D. Form of Dedication.

1. It shall be a condition of preliminary plat and final plat approval of a subdivision, PUD (Planned Unit Developments) or other residential property improvement that each subdivider, developer or owner will be required to make, at the discretion of the Raymore Parks and Recreation Board either:

a. A land donation;

b. Cash in lieu of land donation; or

c. A combination of both.

2. The method selected will be recommended by the Parks and Recreation Board. The Planning and Zoning Commission shall review the method selected according to this chapter and Unified Development Code as well as the Growth Management Plan in their regular manner of consideration. The final approval shall be by the City Council prior to acceptance of the preliminary plat of the subdivision. All final plats submitted shall incorporate any park land dedication requirement approved as part of the preliminary plat. This provision applies to the development of all lands in the City of Raymore, including all subdivisions, lots, tracts and parcels of land regardless of intended use.

E. Formula for Park Land Dedication.

1. If dedication of land is selected, the dedication shall be by plat and deed. The amount of dedication required shall correspond to the density of the subdivision and shall be calculated off of the following formula:

DLR	=	DU x D x 0.02
DLR	=	Dedicated land requirement.
DU	=	Number of dwelling units.
D	=	Number of people per dwelling unit per the most recent U.S. Census figures for Cass County.
0.02	=	Required acres per person based on 20 acres per 1,000 people.

2. The projected population at full development shall be the criteria used to determine the amount of land to be donated. A formula of twenty (20) acres per one thousand (1,000) people (projected full development) will be used, which is the standard set forth by the Missouri Statewide Comprehensive Outdoor Recreation Plan.

F. Suitability Criteria. All designated open space, parks or recreational facilities must be of suitable size, location, dimension, topography and general character and shall have proper road and/or pedestrian access, as may be appropriate, to be usable open space, as follows:

[Amendment 25 – Ordinance 2017-51, 8-28-2017]

1. The minimum land area for a dedicated parkland tract shall be five (5) acres. Parkland shall be in a single parcel unless there are physical features, such as a railroad or water, separating the proposed tracts provided that neither tract is smaller than five (5) acres. Two (2) or more tracts may be considered for subdivisions including at least five hundred (500) dwelling units, provided that neither tract is smaller than eight (8) acres.

2. Retention areas or detention basins which are required as by the Unified Development Code will not qualify as a public open space.

3. Water (including streams, rivers, ponds and lakes), marsh, floodplains and wetland acreages shall not be used to comply with the land requirement of this section, except as provided for required trail improvements listed in this section.

4. At least fifty percent (50%) of the gross area of any active open space required to be dedicated pursuant to this section shall have a natural slope of four percent (4%) or less and shall not be located in an existing watercourse, drainage easement or water ponding area. In addition, that portion of the land must have a cover of six (6) inches or more of topsoil suitable for the seeding and cultivation of grass. If land proposed to be dedicated has a natural slope in excess of that required by this subsection, but may be engineered to provide for a slope that meet the requirements imposed therein, the developer may, upon the favorable recommendation of the Parks and Recreation Board, permit such land to be dedicated to satisfy the requirements of this subsection.

5. Open space areas located in spillways where the spillway is greater than twenty-five percent (25%) of the land area shall not be used to meet the requirements of this section.

6. Parkland shall be dedicated by the developer in a condition ready for full service with electrical, water and sewer access at the property line.

7. The layout of the park shall maximize street frontage on a public street. Minimum frontage shall be two hundred (200) feet.

8. All land to be dedicated to the City for park purposes shall have the prior approval of the Parks and Recreation Board and shall be shown and marked on the plat as “dedicated to the City of Raymore, Missouri, for park purposes”. All land dedicated shall transfer ownership at the time of recording of the first final plat, unless otherwise agreed to as part of the development agreement for the subdivision.

G. Privately Dedicated Recreation Space. The developer may comply with the provisions of this section to furnish land for recreational purposes by privately dedicating recreational open space and/or preserving significant natural, cultural or historic features or landmarks under the following provisions:

1. The developer must provide an area that meets the minimum standards set forth in this section related to size, suitability and location.

2. The developer must provide minimum neighborhood park improvements in a privately dedicated open space tract including, but not limited to:

a. Family picnic shelter.

b. Children’s playground.

c. Turfed playfields.

3. All improvements to privately dedicated open space tracts shall be included in the first phase of infrastructure installation for the development’s first final plat. A public access easement over the entire area is required and must be shown on the final plat of the phase of development which includes the dedicated space.

4. Privately dedicated parkland shall be maintained by the developer or the lot owners in the subdivision under a legal agreement approved by the City as adequate to ensure its continued operation and maintenance.

5. The Parks and Recreation Board shall recommend credit against the requirements of this section for privately dedicated parkland upon a finding that the dedication would advance the goals of the parks and recreation element of the City’s most recent comprehensive plan and/or would preserve a significant natural, cultural or historic feature or landmark. All requests shall be submitted to the Parks and Recreation Department two (2) weeks prior to appearance before the Parks and Recreation Board and shall include the following information:

a. A site plan showing:

(1) Scale of the drawing and the boundaries, dimensions and orientation of the site to true north;

(2) Topography at a minimum two-foot contour interval;

(3) Location and layout of existing physical characteristics (vegetation, natural waterways and drainage ways, rock outcroppings, etc.) indicating any significant features to be removed, improved or preserved;

(4) Location and layout of proposed improvements including landscaping, irrigation system, pathways and trails, play areas and playground equipment, lighting, fencing, structures, etc.;

(5) Ingress, egress and internal circulation for the site; and

(6) Relationship of the proposed site and proposed improvements to adjoining property.

b. An itemized list of the proposed improvements including a description, the quantity and estimated per unit cost figure for the individual improvements.

c. A statement of the methods and/or provision for ownership, maintenance and use of the site and proposed improvements.

d. Any materials and/or information determined by the Parks and Recreation Department to be necessary or appropriate for Parks and Recreation Board review.

H. Cash in Lieu of Land Dedication.

1. Formula for Cash in Lieu of Land. The following formula shall be used to determine the minimum cash in-lieu requirement:

CLL	=	DLR x APPA
DLR	=	Dedicated land requirement (subsection (H) above)
CLL	=	Cash in lieu of land
APPA	=	Actual purchase price per acre

a. The greater of ten thousand dollars ($10,000.00) or the actual purchase price of the amount of land to be donated shall be paid as the fee in lieu of actual donation. The actual purchase price of the property shall be reported to the City at the time of filing application for each final plat. Such reporting is required on a notarized disclosure form provided by the City.

b. If the City disputes such report of purchase price, the City may request information from the title company or bank listed on the disclosure form to establish conclusive evidence of the purchase price for the property. Failure to provide correct information on the disclosure form constitutes fraud.

2. Formula for Partial Land Donation. When a portion of land dedication requirement is accepted, the remaining cash fee will be calculated and credited as follows:

a. (Dedicated land requirement minus number of acres accepted) times actual purchase price per acre; or

CLL	=	(DLR - ALA) x APPA
ALA	=	Accepted land acreage
APPA	=	Actual purchase price per acre

I. Cash in Lieu Payment. The cash in lieu payment is due to the City at the time of recording of each final plat unless the developer has not purchased the property before plat recording. In the event that the property has not been purchased before plat recording, then the fee-in-lieu shall be paid in full after closing on the property and before any building permits are issued.

J. Park Fee for Commercial and Industrial Development.

[Amendment 4 – Ordinance 29137, 11-9-2009]

1. A park land donation fee shall be paid as approved by the Governing Body and listed in the Schedule of Fees and Charges maintained in the City Clerk’s office.

2. The City of Raymore City Council has the authority to waive a part or all of the commercial development park land donation fee at their discretion.

K. Subdivision of Park and Open Space Prohibited. Land designated as open space shall be maintained as open space and may not be separately sold, subdivided or developed except to the City, an appropriate public agency or a non-profit entity if there is a public or non-profit agency willing to accept the dedication and financially capable of maintaining such open space.

L. Certain Activity Prohibited. Following dedication of lands as provided herein, no person shall remove trees, vegetation or topsoil from the lands, and the lands shall not be used for the purpose of stockpiling of earth or construction material or disposal of construction debris without the written consent of the Department of Parks and Recreation.

M. Platting Requirements. All land to be dedicated to the City for park purposes shall have the prior approval of the Parks and Recreation Board and shall be shown and marked on the plat as “dedicated to the City of Raymore, Missouri, for park purposes”. All land dedicated shall transfer ownership at the time of recording of the first final plat, unless otherwise agreed to as part of the development agreement for the subdivision.

[Amendment 25 – Ordinance 2017-51, 8-28-2017]

§ 445.050 Subdivision Amenities.

A. Whenever the proposed subdivision includes any private amenities such as a swimming pool, clubhouse, playground, shelter, tennis court, playfield or similar amenity, the location of said amenity(s) shall be clearly identified on the preliminary and final plat.

B. If the subdivision is to be constructed in phases in accordance with Section 470.130(E), a schedule of when each amenity will be constructed or installed shall be provided with the preliminary plat. The schedule shall then be included in a memorandum of understanding prepared for adoption with the preliminary plat.

C. Each specific amenity identified on the preliminary plat shall be included in the development agreement for the final plat that includes the land area upon which the amenity is installed or constructed. The amenity(s) shall be constructed with the public improvements for that final plat. No building permit will be issued in the final plat for which the amenity is scheduled until the amenity(s) are completed.

D. At the time of submittal of a final plat application that includes an amenity(s), the developer may request an extension of time to complete the amenity(s). The developer shall be responsible to notify all existing residents and property owners in the subdivision of the request and a public hearing shall be scheduled before the City Council at the time the final plat is to be considered. City Council may approve the request as part of the final plat consideration.